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ALL-TERRAIN VEHICLES (ATVs)

By-law 2012-2 adopted by Council on January 9th, 2012, amended By-law 2008-79 authorizing an agreement with the Ontario Federation of All Terrain Vehicles Club (OFATV) for the use of certain lands and roads for a trail for all-terrin vehicles.

 

You may view or download a consolidated version of By-Law 2012-2 and its schedules here.

ANIMAL CONTROL AND DOG LICENSING
BY-LAW 2011-103  

BEING A BY-LAW to amend By-Law Number 2007-84, as amended by By-Law Number 2009-85, being a by-law of the Corporation of the Township of Alfred and Plantagenet to license, regulate and prohibit the running at large of dogs within the municipality and to regulate the keeping of dogs.

WHEREAS Section 11(3) of the Municipal Act, 2001, provides that the Council of a Municipality may pass by-laws respecting the licensing and registration of dogs, prohibiting the running at large of dogs in the Municipality and to regulate the keeping of animals or any class thereof, and the licensing and regulation of pounds for the retention, maintenance and disposal of animals that have been impounded; and

WHEREAS the Corporation of the Township of Alfred and Plantagenet deems it desirable to amend By-Law Number 2007-84 in order to simplify the fee structure for dog licensing and provide for more locations where a dog licence can be obtained within the Township (libraries and landfill sites);

NOW THEREFORE the Council of the Township of Alfred and Plantagenet enacts as follows:

Section 1: Section 2 of By-Law Number 2007-84 entitled "Definitions" is hereby amended by deleting subsection "(g)" entitled "Neutered Dog";

Section 2: Section 3 of By-Law Number 2007-84 entitled "Dog Licensing, Regulation and Registration" is hereby amended by deleting subsection "b)" which states that "Upon application for a license for a neutered dog the owner shall produce a certificate of a Veterinary Surgeon that such dog has been neutered.";

Section 3: Schedule "A" to By-Law Number 2007-84 is hereby amended by replacing Section 1 entitled "Fees for dog licences from January 1st to March 31st of every calendar year" and Section 2 entitled "Fees for dog licences from April 1st to December 31st of every calendar year" by the following new Sections 1 and 2;

1. Fees for dog licences from January 1st to March 31st of every calendar year.

In person By mail

a) For each dog (male or female) kept $20.00 $25.00

b) Kennel Licence (more than three dogs) * $100.00 $105.00

* The property shall be adequately zoned for this type of use and the zoning category shall be confirmed by the Zoning Administrator prior to the issuance of the license.

2. Fees for dog licences from April 1st to December 31st of every calendar year.

In person By mail

a) For each dog (male or female) kept $40.00 $45.00

b) Kennel Licence (more than three dogs) * $110.00 $115.00

* The property shall be adequately zoned for this type of use and the zoning category shall be confirmed by the Zoning Administrator prior to the issuance of the license."

3. Fees for new residents and/or new dog

Notwithstanding Section 2a), newcomers and/or new dogs to the Township of Alfred and Plantagenet have 7 days to purchase a valid Township dog tag for a fee of Twenty Dollars ($20.00) or Twenty-Five Dollars ($25.00) by mail.

4. Exemption

Guide dogs for disabled persons: Upon proof of a trained working guide dog from a recognized institution, no fee shall apply to the purchase of a dog tag.

BUILDING PERMITS AND INSPECTIONS  

By-Law 2006-44

BEING a By-law under the Building Code Act, 1992 respecting Permits and related matters;

WHEREAS Section 7 of the Building Code Act, 1992, S.O 1992, Chapter 23, authorizes a municipal council to pass by-laws concerning the issuance of Permits and related matters;

NOW THEREFORE the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1.0 SHORT TITLE

1.1 This By-Law may be cited as the "Building Permits By-law".

2.0 DEFINITIONS AND WORD USAGE in this By-law:

2.1 "Act" means the Building Code Act, 1992, S.O 1992, Chapter 23, as amended;

2.2 "Applicant" means the Owner of a Building or property who applies for a Permit or any person authorized in writing by the Owner to apply for a Permit on the Owner's behalf, or any person or corporation empowered by statute to cause the demolition of a Building or Buildings and anyone acting under the authority of such person or corporation;

2.3 "As Constructed Plans" means "As Constructed Plans" as defined in the Building Code;

2.4 "Building" means a "Building" as defined in subsection 1(1) of the Act;

2.5 "Building Code" means the regulations made under Section 34 of the Act;

2.6 "Construct" means to "Construct" as defined in section 1(1) of the Act;

2.7 "Chief Building Official" means the Chief Building Official or their designate appointed pursuant to section 3(2) of the Act and by by-law of the Corporation of The Township of Alfred and Plantagenet for the purpose of enforcement of the Act;

2.8 "Corporation" means The Corporation of The Township of Alfred and Plantagenet;

2.9 "Demolish" means to "Demolish" as defined in subsection 1(1) of the Act;

2.10 "Planning Administrator" means the Planning Administrator or their designate appointed by by-law of the Corporation of The Township of Alfred and Plantagenet;

2.11 "Road Superintendent" means the Road Superintendent or their designate appointed by by-law of the Corporation of The Township of Alfred and Plantagenet;

2.12 "Farm Building" means a "Farm Building" as defined in the Building Code;

2.13 "Inspector" means an inspector appointed pursuant to subsection 3(2) of the Act and by by-law of the Corporation of the Township of Alfred and Plantagenet;

2.14 "Municipality" means the Corporation of the Township of Alfred and Plantagenet;

2.15 "Owner" means the registered Owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property;

2.16 "Permit" means permission or authorization given in writing by the Chief Building Official to perform specific Work regulated by this by-law, the Act, and the Building Code, or to occupy a Building or part thereof, or to change the use of a Building or part of a Building or parts thereof as regulated by the Act;

2.17 "Permit Holder" means the person to whom the Permit has been issued and who assumes the primary responsibility for complying with the Act and the Building Code;

2.18 "Plumbing" means "Plumbing" as defined in subsection 1(1) of the Act;

2.19 "Project" means to do anything in the construction or demolition or change of use or plumbing for a building which is regulated by the Act and/or the Building Code.

2.20 "Work" means to do anything in the construction or demolition or change of use or plumbing for a building which is regulated by the Act and/or the Building Code.

Terms not defined in this By-Law shall have the meaning ascribed to them in the Act or the Building Code.

3.0 CLASSES OF PERMITS

4.0

3.1 Classes of Permits required for Work are set forth in Schedule "A" appended to and forming part of this By-law.

3.2 Permits for work other than that referred to in this By-law shall be obtained from the appropriate authority having jurisdiction in accordance with the by-laws of the Corporation and any applicable laws. Such permits may include but are not limited to: encroachments, culverts, water and sewer services, street cuts and electricity.

4.0 PERMITS

4.1 To obtain a Permit, the Applicant, shall file an application in writing by completing the prescribed form available from the office of the Chief Building Official as set out in Schedule "C" of this By-law or from the Building Code website www.obc.mah.gov.on.ca and shall supply any other information relating to the application as required by the Chief Building Official.

Building Permit Application

a) Every application for a Building Permit shall be submitted to the Chief Building Official, and shall contain but is not limited to the required items listed on the Municipal Building Permit checklist for the appropriate Work type as set out in Schedule "C" of this by-law and shall be signed by the Applicant who shall certify the truth of the contents of the application.

4.2 Where an application is made for a construction Permit under subsection 8(1) of the Act, the application shall include the completed prescribed provincial application form "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C" and the required information set out in section 4 of this By-law.

4.3 Where an application is made for a demolition Permit under section 8(1) of the Act, the Applicant shall include the completed prescribed Provincial application form "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C" and the required information set out in section 4 of this By-law.

4.4 Where an application is made for a conditional Permit under section 8(3) of the Act, the Applicant shall:

a) include the completed prescribed provincial application form, "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C".

b) include complete plans and specifications, documents and other information as required by the Act, the Building Code or this By-Law for the Work to be covered by the Permit;

c) state the reasons why the Applicant believes that unreasonable delays in Work would occur if a conditional Permit is not granted;

d) state necessary approvals which must be obtained in respect of the proposed Building and the time in which such approvals will be obtained;

e) state the time in which plans and specifications of the complete Building will be filed with the Chief Building Official; and

f) be accompanied by a written agreement between the Owner and the Council of the Corporation which shall include the matters provided for in Article 8(3)(c) of the Act and such other matters as may be required by the Corporation.

4.5 Where an application is made for a change of use Permit under section 10(1) of the Act, the application shall:

a) include the completed prescribed provincial application form, "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C".

b) include plans and specifications which:

a) -describe the Building or part thereof in which the occupancy is to be changed;

b) -identify and describe in detail the current and proposed occupancies of the Building or part of a Building for which the application is made; and

c) -contain sufficient information to establish compliance with the requirements of the Building Code including floor plans, details of wall, floor and roof assemblies identifying required fire resistance ratings and load bearing capacities.

4.6 In addition to the requirements of subsection 4.2 of this By-law, where a Permit for part of a Building is desired prior to the issuance of a Permit for the entire Project:

application shall be made and fees paid for the entire Project;include plans and specifications covering the part of the Work for which more expeditious approval is desired, together with such information pertaining to the remainder of the Work as may be required by the Chief Building Official; andwhere a Permit is issued for part of a Building Project, the holder of such Permit may proceed, but the issuance shall not be construed to authorize Work beyond the plans for which the approval was given or as a guarantee that the approval will necessarily be granted for the entire Building or Project.

4.7 Where an application for a Permit or for authorization to make a material change to a plan, specification, document or other information on the basis of which a Permit was issued, contains an equivalent material, system or Building design for which authorization under Section 9 of the Act is requested, the following information shall be provided:

a) a description of the proposed material, system or Building design for which authorization under section 9 of the Act is requested;

b) any applicable provisions of the Building Code; and

c) evidence that the proposed material, system or Building design will provide the level of performance required by the Building Code.

4.8 The Chief Building Official may, where the requirements of this By-law have been met, issue a Permit or a conditional Permit for the Work in question, subject to compliance with the Act, the Building Code and any applicable law.

4.9 The Chief Building Official shall not, by reason of the issuance of a Permit or Permits for a part or parts of the Building issued under subsection 4.6 be under any obligation to grant any further Permit or Permits therefore.

4.10 Where an application for a Permit remains inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the Applicant.

4.11 The Chief Building Official, subject to the provisions outlined in subsection 8(10) of the Act, has the authority to revoke a Permit issued under the Act.

4.12 No application for a Permit shall be received by the Municipality if it is deemed incomplete by the Chief Building Official.

5.0 PLANS AND SPECIFICATIONS

5.1 Every Applicant shall furnish sufficient information with each application for a Permit to enable the Chief Building Official to determine whether or not the proposed Work will conform with the Act, the Building Code and any applicable law including but not limited to all the required items as set out in the Building application checklists which form part of Schedule "C" to this By-law and other pertinent information required by Section 5 of this By-law.

5.2 Plans shall:

include such working drawings as set out in the Building application checklists which form part of Schedule "C" to this By-law unless otherwise specified by the Chief Building Official;be drawn to scale upon paper or other substantial material;be legible and durable;indicate the nature and extent of Work or proposed occupancy in sufficient detail to establish that the completed Work will conform to the Act, the Building Code, and any other applicable law;The Chief Building Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for Permit having regard for the requirements of the Act, the Building Code and any applicable laws, regulation or By-law respecting the examination or circulation of the application;On completion of the construction of a Building, the Chief Building Official may require that a set of As Constructed Plans of a Building or any class of Buildings, including a plan of survey showing the location of the Building, be filed with the Chief Building Official;Plans and specifications furnished according to this By-law or otherwise required by the Act or Building Code become the property of the Corporation and will be disposed of or retained in accordance with the policies of the Municipality and any applicable laws;In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans, but in no case shall such terms as "in accordance with the Act" or "legal", or such similar terms be used as a substitute for specific information;

Without restricting the generality of Section 5, every application for a permit with respect to the construction of a building in whole or in part on the lands as herein defined shall be accompanied by a document prepared, signed and sealed by a professional engineer as herein defined, setting forth the slope stability of the land and the measures to be taken, if any, to minimize the effect of soil movement on the building and its existing or proposed sewage system as the case may be.

a) In this paragraph "Professional Engineer" means a professional engineer as that term is defined the "The Professional Engineer Act", R.S.O., 1990, Chapter P. 28, holding a certificate issued by the Association of Professional Engineers of the Province of Ontario, and competent in the field of geotechnical investigations and soil testing.

b) In this paragraph "lands" means the area of unstable slopes as defined on Schedule "C" hereto annexed, forming part of this by-law.

5.3 A site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the Corporation unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code and any other applicable law. Site plan will include:

a) lot size and dimensions of property;

b) setbacks from existing and proposed buildings to property boundaries and to each other;

c) existing and finished ground levels, grades elevation of bottom or underside of footing and top of foundation, drainage flows and direction, drainage outlet; and

d) existing right-of-way, easements and municipal services;

e) the location, size and capacity of all municipal services where such services are affected by the proposed Work and the size and location of all connections of services to the Building or Buildings and the invert level of the Building or sewer drain. "Services" shall be deemed to include sanitary sewers, storm water sewers, municipal drains, water drains, and electrical power lines. Where permitted, properties serviced by private sewage and water services shall show the location of septic tanks, tile beds, wells and connections to the Building they serve;

f) the existence of any soil condition which may, in any manner, affect the use or safety of the proposed Building or facility.

g) where required by the Chief Building Official or the Road Superintendent, the Applicant shall submit a lot grading plan which shall identify the drainage course and which grades of adjacent land and grades of centre line of the road at each extremity of the said lot for review and approval.

6.0 FEES

6.1 Fees for a required Permit shall be as set out in Schedule 'A' attached to and forming part of this By-law and are due and payable at or before the issuance of any class of Permit, unless otherwise specified by the Chief Building Official or appointed designate. Where fees are due and are unpaid, the Chief Building Official may refuse to issue the Permit. For a conditional Permit, the Permit may be paid for the complete Project or for the actual component or part of the Building for which the Permit is issued at the sole discretion of the Chief Building Official.

6.2 In addition to the fees due in accordance with section 6.1 above, each application for a Permit shall also be subject to a fee which is refundable (the "Administration Performance Deposit") as set out in Schedule 'B' to this by-law. The Administration Performance Deposit shall be paid at or before the issuance of any class of Permit and shall be in addition to other Permit fees set out in section 6.1. Where a Administration Performance Deposit is due and unpaid, the Chief Building Official may refuse to issue the Permit. The Administration Performance Deposit may be refunded to the Applicant in accordance with the provisions of Schedule "B".

6.3 Permit Fees as set out in Schedule "A" are calculated as either a flat fee or a combination of a minimum flat fee based on a specified floor area plus a graduated fee for a Building whose size exceeds the specified floor area.

6.4 Permit fees and the Administration Performance Deposit shall be calculated by the Chief Building Official or appointed designate.

6.5 Where the fees payable in respect of an application for Work or conditional Permit are based on the floor area of the Building, floor area shall mean the gross floor space of all storeys above grade (or below grade for an underground Building or residence) measured between the exterior faces of the exterior walls of the Building and where there are no walls (i.e. deck), the total area of a floor within the outer perimeter of the floor. For a change of use Permit, the fees shall be based on the floor area of all storeys or floor space which are subject to the change of use.

7.0 REFUND

7.1 In the case of abandonment of all or a portion of the Work or of the non-commencement of any Project, the Chief Building Official shall determine the amount of refund of Permit fees, if any, that may be returned to the Permit Holder, in accordance with subsection 7.2 hereof.

7.2 The fees that may be refunded shall be a percentage of the Permit fees payable under this By-law, as follows:

eighty (80%) percent if application is filed and no processing or review functions have been performed;seventy (70%) percent if administrative and zoning functions only have been performed;sixty (60%) percent if administrative zoning and plan examination functions have been performed,forty (50%) percent if the Permit has been issued and no field inspections have been performed subsequent to Permit issuance.five (5%) percent shall additionally be deducted for each field inspection that has been performed after the Permit has been issued.

7.3 Despite subsection 7.2 and subject to section 7.4 hereof, no refund shall be made when the amount is calculated to be one hundred dollars ($100.00) or less.

7.4 The fee for the transfer of a Permit is non-refundable.

7.5 Subject to subsection 11.1 hereof, there shall be no refund of Permit fees where a Permit has been revoked.

8.0 REVISION TO PERMIT

8.1 After the issuance of a Permit under the Act, notice of any material change to a plan, specification, document or other information on the basis of which the Permit was issued, must be given in writing, to the Chief Building Official together with the details of such change, which change is not to be made without the Chief Building Official's written authorization.

9.0 RESTRICTED PERMIT FOR A TEMPORARY BUILDING

9.1 A restricted Permit for a temporary Building may be issued by the Chief Building Official authorizing, for a limited time only, the erection and existence of a Building or part thereof.

9.2 A Permit for a temporary Building may be extended provided permission in writing is granted by the Chief Building Official.

10.0 RENEWAL OF PERMIT

10.1 The Chief Building Official may issue a renewal of a Permit, or of a revoked Permit, provided the required fee is paid for such renewal and the plans and specifications are made to comply with all the requirements of the Act, the Building Code and any other applicable law in effect at the time the application for a renewal of Permit is made.

11.0 PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER

11.1 Revocation of Permit

a) Prior to revoking a Permit under Clauses 8(10)(b) and (c) of the Act, the Chief Building Official shall give written notice of the intention to revoke to the Permit Holder at his last known address and if on the expiration of thirty (30) days from the date of such notice, the ground for revocation continues to exist, the Permit may be revoked without further notice and all submitted plans and other information may be disposed of.

b) Notification under subsection 11.1(a) shall be served either personally or by registered mail. Where notification is by registered mail, it shall be deemed to have been served on the third business day after the date of mailing.

11.2 Deferral of Revocation

a) On receipt of a notice of intention to revoke a Permit under subsections 8(10)(b) and (c), a Permit Holder may request in writing within thirty (30) days from the date thereof that the Chief Building Official defer such revocation of the Permit.

b) A request for deferral shall set out the reasons why the Permit should not be revoked and the date by which the Work will be commenced or resumed.

c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original Permit, the Chief Building Official may allow a deferral to a prescribed date and shall notify the Permit Holder.

11.3 Transfer of Permit

Permits are transferable only upon the new Owner completing a Permit application pursuant to the requirements of Section 4 of this By-law.

A fee, as prescribed in Schedule "A" shall be payable on transfer of Permit by the new Owner who shall thenceforth be the Permit Holder for the purpose of the Act and the Building Code.

Any fees or monies being held such as, but not limited to, the Administration Performance Deposit, will be deemed to be transferable to the new Permit Holder, without any further notice upon issuing the new Permit.

12.0 NOTIFICATIONS

12.1 With respect to prescribed notices under article 2.4.5.1 of the Building Code, the Permit Holder or their authorized agent shall notify the Chief Building Official or his/her designate that the Work is ready for inspection.

12.2 With respect to notices given as per subsection 12.1 of this By-law, an Inspector shall undertake a site inspection of the Building to which notice relates within the time frame stipulated within article 2.4.5.3 of the Building Code.

12.3 With respect to "additional notices" under article 2.4.5.2 of the Building Code, the Permit Holder or authorized agent shall notify the Chief Building Official with the same notice as per article 2.4.5.3 of the Building Code prior to each stage of Work for which notice in advance is required under the Building Code.

12.4 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official or their designate with such notice to be provided at or to the municipal offices.

13.0 REGISTERED CODE AGENCIES

13.1 The Chief Building Official is authorized to negotiate and execute service agreements with a Registered Code Agency to perform specified functions pursuant to section 4.1 of the Act provided that the Registered Code Agency meets all requirements of the Act and the Building Code and funds are available within the operating budget.

14.0 DOCUMENTS ON SITE

14.1 During the Work, the Permit Holder shall keep:

a) posted in a conspicuous place on the property in respect to which the Permit was issued, a copy of the Permit or a poster, or placard in lieu thereof and,

b) a copy of the approved drawings and specifications referred to in the application for a Permit, on the property in respect to which the Permit was issued and,

c) a sign, poster or placard that is visible from the street indicating the civic address for the property in respect to which the Permit was issued.

15.0 PRESCRIBED FORM

15.1 The forms prescribed for use as applications for Permits and administrative matters shall be as set out in Schedule "C" attached to and forming part of this By-law.

16.0 SEVERABILITY

16.1 Should any section, subsection, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-Law as a whole or any part thereof, other than the part so declared to be invalid.

17.0 OFFENCE

17.1 Any person who contravenes any provisions of this By-law is guilty of an offence as provided for in section 36 of the Act.

18.0 SCHEDULES TO BY-LAW

18.1 Schedules "A", "B" and "C" to this By-law are deemed to form part of this By-law.

19.0 REPEAL

19.1 By-laws #52-97 and #48-2001, are hereby repealed.

20.0 EFFECTIVE DATE

20.1 This by-law shall come into force and effect on May 15th, 2006.

Read a first, second and third time this 15th day of May, 2006.

Read a third time and passed this 15th day of May 2006.

Jean-Yves Lalonde, Mayor

Diane Thauvette, Clerk-Treasurer

 
CLEAN YARD 

BY-LAW 2011-55

BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF LAND IN A CLEAN AND CLEAR CONDITION.

WHEREAS Section 127 of the Municipal Act, 2001,S.O. 2001, c.25, as amended, provides that a municipality may require the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings;

AND WHEREAS Section 128 of 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 or cause public nuisances;

AND WHEREAS Section 131 of the Municipal Act, 2001,S.O. 2001, c.25, as amended, 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 the sale or other disposition;

AND WHEREAS Section 425 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws providing that a person who contravenes a By-law of the municipality

Passed under the Municipal Act, 2001, S.O. 2001, c.25, as amended, is guilty of an offence;

AND WHEREAS Section 429 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may establish a system of fines for offences under a By-law passed under the Municipal Act, 2001, S.O. 2001, c.25, as amended;

AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may direct that where an owner has defaulted, the municipality may have the default remedied at the owner's expenses and add the cost to the tax roll in the same manner as municipal taxes.

NOW THEREFORE be it resolved that the Council of the Corporation of the Township of Alfred-Plantagenet enact as follows:

DEFINITIONS: In this By-law:

1.1 'By-law' shall mean the Clean and Clear Yard By-law (Number 2011-55).

1.2 'Clerk' shall mean the Clerk of the Township of Alfred-Plantagenet or his or her designate.

1.3 'debris' shall mean any material whatsoever capable of holding water, and without limiting the generality of the foregoing, includes tires, motor vehicles, boats, bird baths, wheelbarrows, containers of any kind and garden fixtures;

1.4 'derelict motor vehicle' shall mean 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 by the Ministry of Transportation;

1.5 'domestic waste' shall mean any article, thing, matter or any effluent belonging to or associated with a house or household or concerning or relating to the home or family that appears to be waste material; and for greater certainty, but so as to restrict the generality of the forgoing terms of this section, it is hereby declared that domestic waste extends to the following classes of waste material:

a) Accumulations, deposits, leavings, litter, remains, rubbish, trash;

b) Refrigerators, freezers or other appliances and furniture, any attached hinges or latching, locking or other closing mechanism or device, or any party thereof;

c) Discarded boats, aircraft or derelict motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment;

d) Paper, cardboard, clothing

e) Grass clippings, tree cuttings, brush, leaves and garden refuse;

f) All kitchen table waste of animal or vegetable origin, resulting from the preparation of consumption of food and crockery;

g) Cans, glass, plastic containers, dishes;

h) Salvage materials;

i) New or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure;

j) Furnaces, furnace parts, pipes, fittings to pipes water or fuel tanks;

k) Rubble, inert fill, fencing materials.

1.6 'erosion' shall mean the gradual wearing away of land surface materials, especially rocks, sediments and soil by the action of water and wind.

1.7 'industrial waste' shall mean any article, thing, matter or any effluent belonging to or associated with industry or commerce or concerning or relating to manufacturing or relating to any trade, business, calling or occupation that appears to be waste material or salvage material; and for greater certainty, but not so as to restrict the generality of the forgoing terms of this Section, it is hereby declared that industrial waste extends to the following classes of waste material:

a) articles, things, matter, effluent, which in whole or in part or fragments thereof, are derived from or are constituted from or consist of:

i. Agricultural, animal, vegetable, paper, lumber, or wood products; or

ii. Mineral, metal, steel, aluminum, or other ferrous or non-ferrous material or allow, or chemical products, whether or not the products are manufactured otherwise processed, or are products or by products, products manufactured or otherwise processed;

b) automotive parts, discarded boats, aircraft, motor vehicles, batteries, vehicle parts, mechanical equipment, mechanical parts, accessories or adjuncts to the vehicles and mechanical equipment, or any part thereof;

c) piping, tubing, conduits, cable and fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable;

d) containers of any size, any type or any composition;

e) material resulting from, or as part of, construction or demolition projects

f) rubble, inert fill

g) bones, feather, hides;

h) sewage

i) salvage material;

j) waste material.

1.8 'infestation' shall mean the overrunning of a property by vermin, rodents and insects;

1.9 'Motor vehicle' shall mean 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, R.S.O. 1990, c. H.8, as amended;

1.10 'Municipal Law Enforcement Officer' shall mean a Municipal Law Enforcement Officer as appointed by the Council of the Township of Alfred-Plantagenet;

1.11 'owner' shall mean the registered owner, occupant, tenant, person for the time being managing or receiving the rent of the property, whether on his or her account or on account of an agent or trustee of any other person, or any one of the aforesaid;

1.12 'Township' shall mean the Corporation of the Township of Alfred-Plantagenet;

1.13 'turf grass' shall mean ground cover comprised of one or more species of growing grass, with or without trees, shrubbery or maintained planting beds or other vegetation;

1.14 'weed' shall mean a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, C.w.5, as amended;

1.15 'rubble' shall include broken concrete, bricks, broken asphalt, patio or sidewalk.

PROPERTY MAINTENANCE

2.1 Every owner shall keep his or her land free and clear of all garbage, refuse, domestic or industrial waste of any kind, and shall ensure that his or her land is free and clear of infestation.

2.2 Every owner shall keep his lawn, weeds or turf grass trimmed or cut less than 18 cm in height.

2.3 Every owner shall keep his hedges, bushes and trees nearly trimmed on a regular basis.

2.4 Every owner shall keep vegetation other than weeds and turf grass, trimmed and kept from becoming unreasonable overgrown, supporting infestation, under grown causing erosion or in a fashion that may affect safety, visibility, or the passage of the general public.

DERELICT MOTOR VEHICLES

3.1 No owner shall use any property for the parking or storage of the following;

a) Derelict motor vehicles or motor vehicles that are unit to be operated on a highway due to damage or poor repair.

b) A motor vehicle that is not licensed for operation for the current year pursuant to the provisions of the Highway Traffic Act;

c) Motor vehicle parts or components on lands used for human habitation.

3.2 Section 3.1 does not apply to those properties that comply with all applicable land use criteria which permits the retail, wholesale, repair and wrecking of motor vehicles or a competition or hobby vehicle located in a fully enclosed building.

GENERAL PROVISIONS

4.1 This by-law shall be enforced by the Municipal Law Enforcement Officer of the Corporation of the Township of Alfred and Plantagenet.

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

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

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

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

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

4.7 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.

4.8 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:

in working condition, secured with an external locking device, locked at all times except when actually being used or supervised.

GENERAL PROHIBITIONS

5.1 No person shall, within the Township, fail to clear land of domestic waste.

5.2 No person shall, within the Township, fail to clear land of industrial waste.

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

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

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

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

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

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

5.9 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.

5.10 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 side yard or similar area having a self-latching device or self-locking device.

5.11 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 street or similar area which is not in working condition.

5.12 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 secured with an external locking device.

5.13 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

6.1 Section 4.4 of this by-law does not apply to land on which construction is proceeding under a valid building permit.

6.2 Sections 4.5 and 4.6 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.

6.3 Sections 4.5 and 4.6 of this by-law shall not apply to land or structures designated by or operated by the Township for the purpose of dumping or disposing of domestic or industrial waste.

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

ENFORCEMENT

7.1 This By-law shall be enforced by Municipal Law Enforcement Officers.

7.2 A Municipal law Enforcement Officer may enter on land at any reasonable time for the purpose of carrying out an inspection for the purpose of enforcing this By-law, including for the purposes of making a determination of whether or not this By-law; a direction, requirement or notice of violation made under this by-law; or an order under Section 431 of the Municipal Act, 2001 are being complied with.

7.3 A power of entry may be exercised by a Municipal Law Enforcement Officer to carry out an inspection and the Municipal Law Enforcement Officer 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 for any person related to a matter relevant to the inspection.

d) Alone or in conjunction with any person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

7.4 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 Township of Alfred and Plantagenet 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.

7.5 No person shall hinder or obstruct, or attempt to hinder or obstruct, a Municipal Law Enforcement Officer from carrying out inspections of land to ensure compliance with this By-Law.

8. NOTICE OF VIOLATION

8.1 If a Municipal Enforcement Officer is satisfied that a violation or contravention of the By-Law has occurred, the Municipal Law Enforcement Officer may serve written notice upon the owner of the property, directing that the violation be remedied within a specific period of the delivery of such notice. Such notice shall contain reasonable particulars of the violation adequate to identify same and the location of the property as well as the date by which compliance must be effected. In the event that the violation in the notice is not remedied within the aforesaid period of time, the Municipal Law Enforcement Officer may cause the violation to be remedied at the expense of the owner. The Township shall not be responsible for any damage that may be sustained by the property of the owner.

8.2 Where a Municipal Law Enforcement Officer deems a violation of this By-Law to constitute a hazard to the public, the Municipal Law Enforcement Officer may, without notice, cause the violation to be remedied at the expense of the owner. The Township shall not be responsible for any damage that may be sustained by the property of the owner.

8.3 Any notice given under this By-law may be given by regular mail or personal delivery. Delivery by regular mail shall be deemed to have been affected five (5) days after mailing.

8.4 The Township may recover its costs of remedying a violation of this By-Law by invoicing the owner, by instituting court proceedings or by adding the cost to the tax roll in the same manner as municipal taxes. The exercise of any such remedy shall not preclude the exercise of any other available remedy.

PENALTY

9.1 Any person who contravenes any provision of this By-Law is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $100,000.00.

9.2 A director or officer of a corporation who knowingly concurs in the violation or contravention by the corporation of any provision of this By-law is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $100,000.00.

10. SEVERABILITY

10.1 When a court of competent jurisdiction declares any section or part of this By-Law invalid, the remainder of this By-Law shall continue in force unless the court makes an order to the contrary.

11. EFFECTIVE DATE

11.1 This By-Law shall come into full force and take effect on the day it is passed.

Read a first, second and third time and finally passed this 4th day of April 2011.

_____________________________________
Jean-Yves Lalonde, Mayor

__________________________________________

Marc Daigneault, Clerk

DEVELOPMENT CHARGES 

BY-LAW 2014-74

Being a By-law to establish Development Charges

WHEREAS AUTHORITY is given pursuant to the Development Charges Act, 1997, to Councils to pass by-laws for the imposition of development charges against land where the development of the land would increase the need for municipal services as designated in this by-law and the development requires one or more of the actions set out in subsection 2 (2 and 3) of the Act;

AND WHEREAS Council has investigated and expressed the intention to continue to provide a standard of service to future residents for transportation services, fire protection, recreational and cultural services and other services for benefiting areas within the Township.

AND WHEREAS Council has prepared a development charges study per Section 10 of the Act, held a public meeting and heard all persons who applied to be heard in objection to, or in support of, the proposed development charges in accordance with Section 12 of the Act.

NOW THEREFORE, the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1.0 Short Title

1.1 That this By-law shall be known as the "Development Charges By-law".

2.0 Definitions

For the purposes of this By-law, the following definitions shall apply:

2.1 Accessory means when used to describe a use, building or structure that the use, building or structure is naturally or normally incidental, subordinate and exclusively devoted to a main use, building or structure located on the same lot therewith.

2.2 Act means the Development Charges Act, 1997.

2.3 Building means a structure having a roof supported by columns or walls or directly on the foundation and used for the shelter and accommodation of persons, animals or goods and without limiting the foregoing, includes buildings as defined in the Building Code Act.

2.4 Capital Cost means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or under an agreement:

(a) to acquire land or an interest in land, including a leasehold interest;

(b) to improve land;

(c) to acquire, lease, construct or improve buildings and structures;

(d) to acquire, lease, construct or improve facilities including:

(i) rolling stock with an estimated life of seven years or more,

(ii) furniture and equipment other than computer equipment, and

(ii) materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act.

(e) to undertake studies in connection with any of the matters in clauses (a) to (d),

(f) to prepare a development charges background study, and

(g) for interest on money borrowed to pay for costs described in clauses (a) to (d) above.

2.5 Commercial Use means any use permitted in a commercial zone other than a residential use as described by the zoning by-law of the municipality and any amendments thereto.

2.6 Council means the Municipal Council of the Corporation of the Township of Alfred and Plantagenet.

2.7 Designated Area means an area defined by a map, by text, plan or legal description in a front-ending agreement as an area that will receive a benefit from the construction or purchase of a service or services.

2.8 Development means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of increasing the size or change of use thereof, and includes redevelopment.

2.9 Development Charge means a charge imposed against the land to pay for increased capital costs required because of increased needs for services arising from development of the area to which the By-Law applies.

2.10 Dwelling Unit shall mean one room or a group of rooms in a building used or designed and intended to be used as a single, independent, and separate house-keeping establishment in which food preparation and sanitary facilities are provided and which has a private entrance from outside the building or from a common hallway or stairway inside the building, but does not mean or include a tent, cabin, trailer, mobile home, seasonal residence or a room or suite of rooms in a boarding house, hotel, motel, motor hotel, or tourist home;

2.11 Farm Building means a building or part thereof which does not contain a residential occupancy and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, but excludes a manure storage facility and a silo. A farm building shall be classified as a non-residential use.

2.12 Front-ending Agreement means an agreement made under section 44 of the Development Charges Act, 1997.

2.13 H.S.T. means the Federal Government's Harmonized Goods and Services Tax.

2.14 Grade means the average level of proposed or finished ground adjoining a building at all exterior walls.

2.15 Gross Floor Area means the total area of all floors above grade measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of firewalls except that, in any other occupancy than a residential occupancy, where an access or a building service penetrates a firewall, measurements shall not be taken to the centreline of such firewall.

2.16 Industrial Building, Existing means a building used for or in connection with:

(a) manufacturing, producing, processing, storing or distributing something;

(b) research or development in connection with manufacturing, producing or processing something;

(c) retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed if the retail sales are at the site where the manufacturing, production or processing takes place;

(d) office or administrative purposes, if they are:

(i) carried out with respect to manufacturing, producing, processing, storage or distributing of something, and

(ii) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution.

2.17 Industrial Use means the use of land, building or structures for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, or storage or adapting for sale of any goods, substances, article or thing, or any part thereof and the storage of building and construction equipment and materials as distinguished from the buying and selling of commodities and the supplying of personal services or as otherwise defined in the zoning by-law.

2.18 Local Board means a local board as defined in the Municipal Affairs Act, other than a board defined in subsection 1 (1) of the Education Act.

2.19 Local Services means those services related to a plan of subdivision or within the area to which the plan relates, to be installed or paid for by the owner as a condition of approval under Section 51 or 53 of the Planning Act.

2.20 Mobile Home means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer or trailer otherwise designed.

2.21 Multiple Dwelling shall mean a residential use building containing more than two dwelling units.

2.22 Municipality shall mean the Corporation of the Township of Alfred and Plantagenet;

2.23 Net Capital Cost means the capital cost less capital grants, subsidies and other contributions made to the municipality or that the Council of the municipality anticipates will be made, including conveyances or payments under Sections 51 and 53 of the Planning Act in respect of the capital cost.

2.24 Non-Residential Uses means uses of land, buildings or structures for purposes other than a dwelling unit and shall include commercial, institutional, industrial, agricultural uses, and other such uses.

2.25 Owner means the owner of land or a person who has made application for approval for the development of land upon which a development charge is imposed.

2.26 Place of Worship means that part of a building or structure that is exempt from taxation as a place of worship under the Assessment Act.

2.27 Residential Uses: means uses of land, buildings or structures designed or intended to be used as living accommodations for one or more individuals.

2.28 Row Dwelling means a residential building that is divided vertically into three (3) or more dwelling units.

2.29 Semi-detached dwelling means a residential building that is divided vertically into two dwelling units, each of which has an independent entrance.

2.30 Services means municipal services designated in this By-law or in an agreement made under Section 27 of the Act, as applicable.

2.31 Single Detached Dwelling means a residential building consisting of one (1) dwelling unit.

2.32 Silo means a building or structure designed and used for the storage of grain, fodder, feed or other food to be fermented and/or used as feed for livestock and shall include a cylindrical pit or tower, bunker or grain bin whether vertical or horizontal.

2.33 Square Metre or Square Foot means that portion of a building or structure (expressed in metres or feet or any fraction thereof) actually depicted, described or utilized for any use as illustrated in a site plan under the Planning Act or the Building Code Act.

2.34 Standard of Services means those standards which govern the quantity, quality or form, method, delivery, operation or manner in which services are constructed or installed and which have been duly approved by Council and which comply with Section 5 (1) (4) of the Development Charges Act, 1997.

2.35 Structure means anything constructed or erected, either permanent or temporary, the use of which requires location on the ground or attachment to something having location on the ground.

3.0 Designated Areas

3.1 For the purposes of this By-law, the following designated area is established:

3.1.1 All lands, buildings and structures within the corporate limits of Township of Alfred and

Plantagenet except as otherwise exempted in this by-law.

4.0 Designated Services

4.1 The municipal services for which development charges shall be imposed are as follows, and as set out in Schedules "A" and "B" attached to and forming part of this By-Law:

4.1.1 Fire Protection Services

4.1.2 Transportation Services

4.1.3 Recreation and Cultural Services

4.1.4 Other Services (Development Charges Study)

5.0 Designated Uses of Land, Buildings or Structures

5.1 The uses of land, buildings or structures for which development charges are hereby imposed are as follows, and are also as set out in Schedule "A" attached to and forming part of this By-Law:

5.1.1 Residential uses as defined in Section 2.27 of this By-Law.

5.1.2 Non-residential uses as defined in Section 2.24 of this By-Law.

6.0 Development Charges

6.1 Development charges shall apply to and shall be calculated and collected in accordance with the provisions this By-Law on land if the development of the land would increase the need for services and the development requires,

(a) the passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Act;

(b) the approval of a minor variance under section 45 of the Planning Act;

(c) A conveyance of land to which a by-law passed under section 50 (7) of the Planning Act;

(d) the approval of a plan of subdivision under section 51 of the Planning Act;

(e) a consent under section 53 of the Planning Act;

(f) the approval of a description under section 50 of the Condominium Act;

(g) the issuing of a permit under the Building Code Act, in relation to a building or structure.

6.1.1 Where two or more of the actions described in clauses 6.1 (a) to (g) are required before that land to which a development charge applies can be developed, only one development charge shall be calculated and collected in accordance with the provisions of this By-Law.

6.1.2 Notwithstanding subsection 6.1.1, if two or more of the actions described in clauses 6.1 (a) to (g) occur at different times, and if the subsequent action has the effect of increasing the need for all or some of the services designated in Schedule "A", an additional development charge shall be calculated and collected in accordance with the provisions of this By-Law.

6.2 Residential Uses

The development charges in respect of the net capital costs for services as designated in Schedule "A" for the number and types of residential uses as defined in this by-law, specifically clauses 2.21, 2.28. 2.29 and 2.31, and shall be as further set out in Schedule "B", attached to and forming part of this By-Law except that no charge shall apply:

6.2.1 for the creation of up to two additional dwelling units in an existing single detached dwelling provided that the gross floor area of the additional dwelling unit or dwelling units is less than or equal to the gross floor area of the dwelling unit already in the building;

6.2.2 for the creation of up to one additional dwelling unit in an existing semi-detached or row dwelling provided that the gross floor area of the additional dwelling unit is less than or equal to the gross floor area of the dwelling unit already in the building;

6.2.3 for the creation of up to one additional dwelling unit in any residential building not described in 6.2.1 or 6.2.2 provided that the gross floor area of the additional dwelling unit is less than or equal to the gross floor area of the smallest dwelling unit already existing in the building.

6.3 Non-Residential Uses of Land, Buildings or Structures

The development charges shall be applied to the gross floor area in respect of net capital costs for services as designated in Schedule "A" for non-residential uses of land, buildings or structures as further set out in Schedule "B", attached to and forming part of this By-Law. This By-Law shall not apply:

6.3.1 to any non-residential development creating or adding an accessory use, building or structure not exceeding 10 m2 (107.6 ft.2) of non-residential gross floor area;

6.3.2 to the enlargement of an existing industrial building, as defined in Section 2.16 of this By-Law where the enlargement is less than 50 % of the existing gross floor area of the industrial building, and existing shall mean as of the date of the passing of this by-law;

6.3.3 to the enlargement of an existing farm building, as defined in Section 2.11 of this By-Law where the enlargement is less than 50 % of the existing gross floor area of the farm building, and existing shall mean as of the date of the passing of this by-law;

6.4 The development charges in respect of net capital costs for services for non-residential uses shall be as set out in Schedule "B" and shall be calculated as follows:

a) For any non-residential use less than 279 m² (3,000 ft.2), 100% of the non-residential development charge shall be applied to the gross floor area.

b) For a non-residential building or structure with a gross floor area greater than 279 m² (3,000 ft.2), the following formula shall apply:

c)

(i) for the first 379 m² (3,000 ft.2) 100% of the non-residential development charge shall be paid;

(ii) plus 75% of the non-residential development charge for the next 186 m² (2,000 ft.2) or part thereof;

(iii) plus 50% of the non-residential development charge for the next 465 m² (5,000 ft.2) or part thereof;

(iv) plus 25% of the non-residential development charge for the next 930 m² (10,000 ft.2) or part thereof;

(v) plus 1% of the non-residential development charge for gross floor area exceeding 1860 m² (20,000 ft.2).

d) Where a non-residential use, building or structure has more than one type of non-residential use, the total sum of all the gross floor area uses shall be used for the purposes of calculating the total development charge.

7.0 Cumulative Charges

7.1 The development charges shall be cumulative by adding together the calculated development charge for each of the applicable services to be used together with any interest charges.

7.2 For multiple use buildings, the development charge shall be the cumulative total of the applicable charges for each respective residential use and non-residential use of land within the building.

8.0 When Charge is Due

8.1 The said development charges are due and payable in full to the Corporation of the Township of Alfred and Plantagenet on the date a building permit is issued for any land, buildings or structures affected by the applicable development charge.

Despite Section 8.1, where, in the opinion of the Chief Building Official, a complete application for a building permit has been filed prior to the effective date of this By-Law, and the building permit is issued after the effective date of this By-Law, the applicable charge under any Development charges by-law in effect under the Development Charges Act, 1989, shall apply.

8.1.1 This shall not be deemed to limit the authority of the Council to enter into an agreement for payment of development charges before or after the date of the issuing of the building permit subject to Section 27 of the Development Charges Act, 1997. Furthermore, a building permit with respect to a building or structure shall be withheld where the applicable development charge has not been paid pursuant to Section 28 of the Development Charges Act, 1997.

8.1.2 H.S.T. shall not be collected as a surcharge to the payment of a development charge.

8.2 Collection of Unpaid Charges

If the development charge or any part thereof imposed by the municipality remains unpaid after the due date, the amount unpaid shall be added to the tax roll as taxes as prescribed by in Section 32 of the Development Charges Act, 1997.

8.3 Complaints

An owner may complain in writing to the Council of the municipality in respect of the development charge imposed by the municipality on the owner's development subject to the provisions of Section 20 of the Development Charges Act, 1997.

9.0 Exceptions and Exemptions

9.1 The entire Township is hereby designated for the purposes of the Development Charges Act with the following exceptions and exemptions:

(a) Municipalities and schools: Land owned by and used for the purposes of the municipality or a school board, public utility commission, transportation commission, public library board, local board of health, board of commissioners of police, any similar public board, commission or committee shall be 100% exempt from development charges as set out in this By-Law;

(b) Hospitals, universities and cemeteries: Land owned by and used for the purposes of a hospital, health care centre, university or cemetery shall be 100% exempt from development charges as set out in this By-Law;

(c) Accessory uses: Accessory uses to residential uses including a garage, storage building, garden shed, swimming pool or other similar accessory uses, buildings or structures and to an accessory use exempted under Section 6.3.1 shall be 100% exempt from development charges as set out in this By-Law;

(d) Existing Industrial Use of Farm Building: exemptions shall apply as set out in Sections 6.3.2 and 6.3.3 of this By-Law.

(e) A Garden Suite as defined in the Planning Act.

(f) A Place of Worship and the land used in connection therewith.

(g) Every churchyard, cemetery or burying ground exempt under the Assessment Act for taxation purposes.

(h) Temporary buildings provided that such buildings are removed within two years of the issuance of the building permit.

(i) A building for the sale of gardening and related products provided that such building is not erected before 15 March and is removed before 15 October of each year.

(j) A residential use building erected and owned by non-profit housing, provided that satisfactory evidence is provided to the Treasurer that the residential use building is intended for persons of low or modest incomes and that the dwelling units are being made available at values that are initially and will continue to be below current market levels in the County of Prescott & Russell.

(k) Where specifically authorized by a resolution of Council, development on land where a public facility is being provided.

10.0 Indexing

10.1 Council may adjust development charges in this by-law one or two times annually in accordance with the "Consumer Price Index" as published by Statistics Canada. Such adjustment to a development charge shall not require an amendment to this By-Law. (Section 5 (1) (10) of the Development Charges Act, 1997 and Section 7 of Ontario Regulation 82/98).

11.0 Redevelopment

11.1 Residential

An owner who has secured the necessary approvals may demolish and replace an existing residential use or a non-residential use and not be subject to the development charges set out in Schedule "B" with respect to the development being replaced. However, any additional gross floor area created in excess of that demolished and replaced shall be subject to the development charges as set out in Schedule "B" subject to any provisions for exceptions and exemptions as set out in Sections 6.2 and 9.1 of this By-Law.

11.2 Non-residential

Except as exempted under Sections 6.3.2, 6.3.3 and 9.1 of this By-Law, the enlargement of any non-residential use, building or structure in excess of 10 m2 (107.6 ft.2) shall be deemed as development and shall be subject to a development charge. The development charge will be calculated on the basis of any increase in the use, buildings or structures as determined from a site plan or building plans.

11.3 Conversions or a Change of Use

Except as exempted under Section 9.1 of this By-Law, any conversion or change of use of an existing building or part thereof from a residential use to a non-residential use or from a non-residential use to a residential use, shall be subject to a development charge as follows:

(a) in the conversion or change of use from a non-residential use to a residential use, the first two (2) dwelling units created shall be exempt from a development charge;

(b) in the conversion or change of use from a residential use to a non-residential use, the first 50 % of the gross floor area shall be exempt from a development charge;

(c) the gross floor area use in the calculation of the development charge will be determined from a site plan or building plans submitted as a requirement under any of the applicable clauses of Section 6.1 of this By-Law.

12.0 Other By-laws and Regulations

12.1 Nothing in this By-Law shall exempt any person from complying with the requirements of any other By-Law, agreement or legislation in force.

12.2 If an owner or former owner has, before the coming into force of this development charges by-law, paid all or any portion of a charge related to development pursuant to an agreement under section 51 or 53 of the Planning Act or a predecessor thereof with respect to land within the area to which the by-law applies, the municipality shall give a credit for the amount of the charge paid.

12.3 If an owner or former owner has, before the coming into force of this development charges by-law, provided services in lieu of the payment of all or any portion of a charge related to development pursuant to an agreement under section 51 or 53 of the Planning Act or a predecessor thereof with respect to land within the area to which the by-law applies, the municipality shall give a credit for an amount equal to the reasonable cost to the owner or to the former owner of providing the services.

12.4 Under this By-Law, the municipality may give a credit for work done against all or a portion of one or more services for which a development charge may be imposed and may allow the credit to be applied to a different service either at the time of entering into an agreement or afterwards, provided that the municipality has first agreed to allow a person to perform such work. However, no credit shall be given for any work that relates to an increase in the level of service that exceeds the ten (10) year average level of service as adopted by the municipality.

12.5 Any credit may only be used by the holder of the credit or the holder's agent and may not be transferred unless the holder and person to whom it is to be transferred have agreed in writing, and the municipality also agrees to the transfer and undertakes to transfer the paid credit or credits.

12.6 If a conflict exists between the provisions of this development charge by-law and an agreement referred to in subsection (12.2) or (12.3), the provisions of the agreement prevail to the extent of the conflict.

12.7 If a conflict exists between the provisions of this development charges by-law and any other agreement between the municipality and an owner or former owner with respect to land within the area to which the by-law applies, the provisions of the agreement prevail to the extent that there is a conflict.

13.0 Standard of Services

13.1 The standards for services within the Corporation of the Township of Alfred and Plantagenet shall be those as set out from time-to-time by Council and shall be the ten (10) year average level of service for any eligible service under the Development Charges Act, 1997.

14.0 By-law Registration

14.1 A certified copy of this By-law may be registered on title to any land to which this by-law applies and may be done at the sole discretion of the municipality.

15.0 Reserve Fund

15.1 The existing development charges reserve fund for revenues received from development charges is hereby continued.

15.2 The development charges reserve fund shall be used to meet the net capital costs for which the development charge was levied under this By-Law.

15.3 The Treasurer of the municipality is hereby directed to maintain separate accounts under the development charges reserve fund including interest earned thereof for each municipal service category set out in Section 4.1 of this By-Law and the development charges revenues received shall be allocated to each account based on the proportions calculated from Schedule "B" to this By-law.

15.4 The Treasurer shall deem the reserve fund established under the former Development Charges Act, for an eligible service under the Development Charges Act, 1993, to be a reserve fund for that service under the new Act (Development Charges Act, 1997). Income received from investments of the development charge reserve fund shall be credited to the development charges reserve fund account for the designated municipal service category (per Section 4.1 of this By-Law) in relation to which the investment income applies.

15.5 The Treasurer is hereby directed to prepare an annual financial statement for the development charges fund as prescribed under Section 12 of Ontario Regulation 82/98 and to submit the statement for Council's consideration and within 60 days thereafter, to submit such statement to the Minister of Municipal Affairs and Housing.

16.0 Refunds

16.1 The municipality shall pay interest on a refund under section 5 (3), (5) or 8 (14) of the Development Charges Act at a rate not less than the Bank of Canada rate in effect on the date this Development Charges By-law comes into force.

17.0 Schedules to the By-law

17.1 This following schedules to this By-Law form an integral part of this By-Law:

Schedule "A" - Uses of Land, Buildings or Structures Subject to Development Charge

Schedule "B" - Development Charge for Designated Uses of Land, Buildings or Structures.

18.0 Repeal of Former By-laws

18.1 Insofar as it applies to the services affected by this By-Law, any By-Laws previously passed under the Development Charges Act or its predecessor with respect to development charges are hereby repealed.

19.0 Effective Date and Term

19.1 This By-Law shall take effect on September 1, 2014 subject to the provisions of the Development Charges Act and shall be for a term of five (5) years.

Read a first time this 25th day of August, 2014.

Read a second and third time and finally passed this 25th day of August, 2014.

___________________________________

Jean-Yves Lalonde
Mayor

___________________________________

Marc Daigneault
Clerk

DOG LICENSING 
Every dog in Alfred-Plantagenet must have a municipal dog tag by March 31st of each year.

This allows the Municipal Law Enforcement Service to easily identify a dog that has strayed away from its owner's premises and to promptly return it to the comfort of its home.

Dog owners who fail to obtain a municipal dog tag for their dog are subject to a fine.

Furthermore, you can also contact the Municipal Law Enforcement Service to report your dog as being lost or to simply inquire on adopting a dog. Impounded dogs are subject to impound fees.

We wish to inform you that all stray dogs found by the Township are brought to the municipal pound.

All owners must register their dogs annually with the Township. Forms are available at the Municipal Offices or on our site.

Form - Dog License Application

Fees for dog licences from January 1st to March 31st of every calendar year

a) For each dog (male or female) kept (In person) $20.00 (By mail) $25.00
b) Kennel License (more than three dogs) (In person) $100.00 (By mail) $105.00

Fees for licenses: from April 1st to December 31st of every calendar year.

a) For each dog (male or female) kept (In person) $40.00 (By mail $45.00
b) Kennel License (more than three dogs)
(In person) $110.00 (By mail) $115.00

Fees for new residents and/or new dog

Notwithstanding Section 2 a), newcomers and/or new dogs to the Township of Alfred and Plantagenet have 7 days to purchase a valid Township dog tag for a fee of Twenty Dollars ($20.00) or Twnety-Five Dollars ($25.00) by mail.

Exemption

Guide dogs for disabled persons: Upon proof of a trained working guide dog from a recognized institution, no fee shall apply to the purchase of a dog tag.

Pound Fees:

a) Pick-up and impounding $40.00
b) Daily maintenance $20.00/day
c) Disposing $95.00
d) Administration 10% of a) + b) + c) where applicable

Owners must ensure that their dogs do not run at large. Owners are reminded to call the By-law Enforcement Officer at 673-4797 poste 244 as soon as they notice their dog is missing. The law requires that impounded dogs be kept for as little as 72 hours before being disposed of. Persons wishing to adopt a dog should contact the By-law Enforcement Officer at 673-4797 poste 244.

The municipality's dog catchers are:

(Monday to Friday, from 8:00 a.m. to 4:00 p.m.)

 

DOG LICENCE ARE ALSO AVAILABLE AT LIBRARIES AND LANDFILL SITE.

 
FIRE PREVENTION AND SAFETY - OPEN AIR FIRES

BY-LAW 2010-86

BEING A FIRE PREVENTION AND FIRE SAFETY BY-LAW

BEING A BY-LAW of the Corporation of the Township of Alfred and Plantagenet respecting the setting of fires in the open air.

WHEREAS section 7.1(1) of the Fire Protection Act provides that the council of a municipality may pass by-laws for regulating fire prevention, including the spreading of fires, for regulating the setting of open air fires, including establishing the times during which open air fires may be set and for designating private roads as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle left parked or left along any of the fire routes at the expense of the owner of the vehicle;

AND WHEREAS, a Municipality may pass by-laws imposing fees and charges for services or activities provided by or on behalf of it, pursuant to Section 392 of the Municipal Act, 2001;

AND WHEREAS, the Corporation of the Township of Alfred and Plantagenet deems it desirable to do so;

THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1. SHORT TITLE

This by-law may be cited as the "Fire Prevention and Fire Safety By-Law".

2. DEFINITIONS

In this by-law:

"Owner" shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge whom occupies the property;

"Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet;

"Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet responsible for the enforcement of the municipal by-laws;

"Permit Holder" shall mean the person to whom a permit was issued and whom is responsible to comply with the Act and this by-law;

"Director of the Fire Department" shall mean the Director of the Fire Department appointed by the Council of the Corporation of the Township of Alfred and Plantagenet, his or her representatives, assistants or authorized subordinates;

"Fire Department" shall mean the Fire Department of the Corporation of the Township of Alfred and Plantagenet;

"Open air fire base" shall mean the area or the surface on the ground which is used to contains the materials to burn. The open air fire base may be determined by a pit dug in the ground or may be defined by a metal, rock, stone or brick edge or any non-combustible material;

"Open air fire" shall mean a campfire, an incinerator, an outdoor fireplace, a burn drum and a construction site fire;

"Outdoor fireplace" shall mean a manufactured, non-burnable, enclosed container designed to hold a small fire for decorative purposes, which does not exceed one cubic meter in size and includes, but is not limited, to a chimney, and must be equipped with a spark arrester.

3. GENERAL REQUIREMENTS

a) No person shall, unless otherwise authorized by the provisions of this by-law or any other by-law of the Corporation, set, or permit to be set, a fire in the open air without first obtaining an open air fire permit in compliance with this by-law;

b) No open air fire shall be permitted when a smog alert or a drought notice has been issued for the forecast area which includes the Township;

c) If the dimensions of the open air fire base is larger than one (1) square meter and the volume of the base combined with the height of the flames is bigger than one (1) cubic meter, the owner shall file an application for an open air fire permit by completing the prescribed form with the Municipal Law Enforcement Officer and pay the required fees;

d) No person shall be deemed to have been issued an open air permit unless the Municipal Law Enforcement Officer has issued such a permit. Filing an application for an open air fire permit does not constitute a permit;

e) No person shall give false information or make a false declaration for the purposes of obtaining an open air fire permit;

f) Where a fire permit is required, no person shall set, or permit to be set, a fire in the open air during the period starting one half hour before sunset and ending one half hour after sunrise;

g) No person shall be allowed to ignite more than one (1) open air fire on a property, except on a camping site in compliance with the Zoning By-Law No 2009-50;

h) No person shall burn or permit to be burn petroleum products, plastics, rubber, pressure treated wood, domestic waste or garbage, brushes, grass, weeds, leaves, evergreen needles, organic material, or any other material that may create a dense or excessive smoke or produce noxious or toxic fumes;

i) Open air fires which require the issuance of a permit may be permitted during the whole year at the discretion of the Municipal Law Enforcement Officer after obtaining a permit;

j) At the discretion of the Municipal Law Enforcement Officer or the Director of the Fire Department, the application for an open air fire permit may be granted, issued with conditions or refused;

k) No open air fire permit shall be issued for any period of time exceeding ninety (90) days. No open air permit shall be issued during a drought period as declared by the Director of the Fire Department or the Municipal Law Enforcement Officer;

l) Notwithstanding any other provisions of this by-law, following the issuance of an open air fire permit, if upon an inspection the Municipal Law Enforcement Officer or the Director of the Fire Department deems that the open air fire poses a danger to the health or safety of any person or property, the Municipal Law Enforcement Officer or Director of the Fire Department may revoke or postpone the open air fire permit and order that the open air fire be extinguished;

m) Notwithstanding any other provisions of this by-law, if the Municipal Law Enforcement Officer or the Director of the Fire Department deems that an open air fire poses a danger to the health or safety of any person or property because of its size, its location on the property or the materials used to feed the open air fire, the Municipal Law Enforcement Officer or Director of the Fire Department may order that the open air fire be extinguished;

n) The dimensions of the open air fire for which a permit was issued must be contained at all time in order for the permit holder to extinguish the fire immediately if it is deemed necessary to do so due to a change in the weather conditions or following an order issued by the Municipal Law Enforcement Officer or the Director of the Fire Department;

o) The permit holder shall:

- Upon demand produce the fire permit;

- comply with any conditions on the fire permit and only burn material authorized on the fire permit;

- supervise the fire continuously from ignition until completely extinguished;

- agree to extinguish the fire when an order is issued to that effect by the Municipal Law Enforcement Officer or the Director of the Fire Department;

- Keep at hand or in close proximity all the necessary equipment and tools required to extinguish the fire (shovel, rake, fire extinguisher, garden hose, backhoe, etc.);

p) No permit for an open air fire is required if the dimensions of the open air fire base is less than one (1) square meter and the volume of the base combined with the height of the flames is less than one (1) cubic meter;

q) An open air fire must be used to burn only dry firewood;

r) An open air fire shall be authorized only in the rear yard of a property;

s) No open air fire shall be permitted in the front yard or in the side yards of a property, as defined in the Township of Alfred and Plantagenet Zoning By-Law No. 2009-50, as amended from time to time;

t) The base of the open air fire which contains the material to burn shall be located at a minimum distance of five (5) meters (16 feet) from any part of a main building, any part of an accessory building or structure, any rear or side lot line or property limit, any tree, any hedge, any fence, any overhead wiring, and any combustible material;

u) If the open air fire base cannot be located in the rear yard of a property in compliance with the minimum distances prescribed in this by-law, then the open air fire shall be contained within an outdoor fireplace with a maximum dimension of one (1) cubic meter;

v) The outdoor fireplace shall be located in the rear yard of the property at a minimum distance of two (2) meters (6 feet) from any part of a main building, any part of an accessory building or structure, any rear or side property lot line, any tree, any hedge, any fence, any overhead wiring, and any combustible material;

w) The outdoor fireplace must be located on a non-burnable surface (e.g.: brick, stone, concrete, etc.) covering an area on the ground extending beyond the outdoor fireplace height and must be used to burn only dry firewood;

x) The authorization granted to ignite an open air fire, as set out in this by-law, does not relieve an owner, a permit holder or any other person from their obligation to comply with the Environmental Protection Act of Ontario. While burning, it is the owner, the permit holder or any other person igniting an open air fire to ensure that smoke does not interfere with the ability of the neighbors to enjoy their properties or conduct their business without disruption. The owner, the permit holder or any other person igniting an open air fire are required to watch where the smoke travels and not to burn when there are foggy or windy conditions that would carry the smoke in a direction that will disrupt adjacent properties or roadways.

4. ADMINISTRATION AND ENFORCEMENT

a) No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer or the Director of the Fire Department in the lawful performance of their duties.

b) The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.

c) The Municipal Law Enforcement Officer is hereby authorized to:

- issue open air fire permits as provided in this by-law;

- sign all open air fire permits on behalf of the Corporation;

- limit the duration of the open air fire permit and the materials allowed to be burned;

- impose any other conditions to the open air fire permit deemed required and necessary for safety reasons.

d) The Municipal Law Enforcement Officer or the Director of the Fire Department may:

- demand the fire permit for inspection from any permit holder;

- inspect any premises for which a fire permit has been issued;

- enter at all reasonable times upon any property in order to ascertain whether the provisions of this by-law are obeyed and to enforce or carry into effect this by-law;

- undertake any technical investigation or inspection for the purposes of administering this by-law.

5. INFRACTIONS

a) If any person or permit holder contravenes any provisions of this by-law, the Fire Department may enter upon any lands to extinguish the open air fire;

b) Where the Fire Department is called upon to intervene to extinguish an open air fire, the owner shall pay the costs for the intervention by the Fire Department, as set out in Schedule "A" of this By-Law;

c) Where the owner fails or refuses to pay the call for the Fire Department intervention, such fee and all costs incurred by the Township shall be added to the collector's roll of taxes for the current year and shall be collected in like manner and with the same remedies as municipal taxes;

d) Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto;

e) 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.

6. INDEMNIFICATION

The owner, a permit holder and any person igniting an open air fire shall indemnify and save harmless the Corporation from any and all claims, demands, causes of action, losses, costs or damages the Corporation may suffer, incur or be liable for resulting from the open air fire as set out in this by-law whether with or without negligence on the part of the owner, the permit holder or any person igniting an open air fire, their employees, directors, contractors or agents.

7. ADMINISTRATION

The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.

This by-law is not to be construed at any time in such a fashion as to hold the Corporation or its officers liable for failing to ensure that persons comply with the provisions of this by-law.

This by-law shall come into force and take effect on the date of its adoption by the Municipal Council.

That By-laws No. 2005-68 and No. 2006-34 are hereby repealed.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF SEPTEMBER, 2010.

___________________________________

Jean-Yves Lalonde Mayor

___________________________________

Marc Daigneault Clerk

 
GARAGE SALES 
NOTICE TO THE RESIDENTS OF THE TOWNSHIP OF ALFRED AND PLANTAGENET

NEW BY-LAW - GARAGE SALES

Dear residents,

Please be advised that Council has adopted by-law 2015-73 which modifies by-law 2010-95 governing garage sales within the municipality.

Primarily this new by-law adds several new dates upon which garage sales are permitted.

Should you have questions or should you require more information, please contact the municipality at (613) 679-2292 or (613) 673-4797).

You may view or download a consolidated version as amended by by-law 2015-73 here.

 
LOTTERY LICENCES 

BY-LAW NUMBER 41-97

BEING A BY-LAW of the Corporation of the Township of Alfred and Plantagenet to prescribe a lottery licensing fee schedule.

WHEREAS Section 207, of the Criminal Code of Canada authorizes municipalities to issue certain lottery licences; and

WHEREAS pursuant to Order in Council 274/70, municipalities may set their own fee schedule for lottery licences provided it does not exceed a maximum of 3% of the proposed prize; and

WHEREAS the Council of the Corporation of the Township of Alfred and Plantagenet deems it desireable to do so; now

THEREFORE the Council of the Township of Alfred and Plantagenet enacts as follows:

That the following licencing fee schedule shall apply to all lottery licences issued by the Township of Alfred and Plantagenet:

Bingo 1% of total proposed prize
Raffles 2% of total proposed prize
Break Open Tickets $10.00 per unit licenced

Bazaars:

Wheel of Fortune $3.00 per wheel per day; plus
Bingo 1% of proposed prize; plus
Raffle 2% of proposed prize.

The licence fees referred to in Section 1. Are non-refundable and shall not be reduced.

That all other By-Laws or parts of By-Laws of this municipality of the former municipalities now forming this municipality which are inconsistent with any provision of this By-Law are hereby repealed.

That By-Law 92-017 of the former Township of North Plantagenet, By-Law 12-94 of the former Township of Alfred, By-Law 3-94 of the former Village of Alfred and all other By-Laws of the Township of Alfred and Plantagenet pertaining to lottery licencing fees are hereby repealed.

This by-law shall come into force and take effect on the date of its final passing.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF APRIL, 1997.

Jean-Claude Trottier, President

 

NOISE
 
NO SMOKING 

BY-LAW NUMER 2003-41

A By-law to prohibit smoking in municipal establishments.

REFERENCE: Subsections 115(1) and (4) of the Municipal Act, 2001 and amendments thereto.

WHEREAS subsection 115(1) of the Municipal Act, 2001 states that a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces;

AND WHEREAS subsection 115(4) of the Municipal Act, 2001 specifies the scope of a by-law prohibiting or regulating the smoking of tobacco in public places and workplaces;

AND WHEREAS it has been determined that second-hand tobacco smoke (exhaled smoke and smoke from idling cigarettes, cigars and pipes) is a public nuisance because of its irritating and discomforting properties and is a health hazard because of its impairment, adverse effect and risk to the health of the inhabitants of the Township of Alfred and Plantagenet;

AND WHEREAS the Council of the Corporation of the Township of Alfred and Plantagenet now deems it necessary and appropriate to prohibit smoking in all municipally-owned establishments, including all community centres, to ensure the better protection of persons from conditions injurious to health resulting from second-hand smoke;

NOW THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1. In this by-law,

1. "Township" means the Township of Alfred and Plantagenet;

2. "smoke" or "smoking" means the carrying of lighted tobacco products such as cigarettes, cigars, pipes or any other lighted smoking device;

3. "second-hand smoke" means exhaled smoke or smoke from an idling cigarette, cigar, pipe or any other lighted tobacco product; and

4. "public place" shall mean all municipal buildings and workplaces including, but not limited to the townhall, municipal offices, community centres and other buildings erected on parkland, municipal garages, fire stations, water filtration plants and libraries.

2. Effective July 1st, 2003, no person shall smoke in any municipal building, including in an elevator or on a stairway in any such building or part thereof.

3. Signs to indicate that smoking is prohibited shall be posted at all municipal buildings and shall comply with the following requirements:

1. Carry the text "NO SMOKING / DÉFENSE DE FUMER" and/or the international "No smoking" symbol (a circle and interdictory stroke in red through a cigarette upon a white background) and letters and figures in black;

2. Include in the text at the bottom of each sign, "Township of Alfred and Plantagenet/ Canton d'Alfred et Plantagenet, By-Law No. 2003-41/Règlement Numéro 2003-41", in letters and figures not less than ¼ inch in height.

4. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.

5. This by-law shall come into effect on July 1st, 2003.

READ A FIRST, SECOND AND THIRD TIME and finally passed this 16th day of June 2003.

Jean-Claude Trottier, Mayor

Diane Thauvette, Clerk-Treasurer

NO TRUCKS 

By-law Number 2011-73

BEING a By-Law to prohibit heavy trucks on certain highways.

WHEREAS the Municipal Act, 2001 provides that a municipality may pass by-laws in respect of a highway only if it has jurisdiction over the highway;

AND WHEREAS the Council of the Township of Alfred and Plantagenet deems it expedient to prohibit heavy traffic on certain municipal highways;

THEREFORE, the Council of the Township of Alfred and Plantagenet enacts as follows:

1. DEFINITIONS

i) "Heavy truck" means a vehicle, object or contrivance for moving loads having a gross weight, including the vehicle, object or contrivance or load in excess of 4,500 kilograms.

ii) "Highway" includes a common highway, street, avenue, parkway, square, place, 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.

2. No person shall drive or cause to be driven a heavy truck on the highway or part of a highway where "no heavy truck" signs are erected or are on display on any highway between the limits set out in the attached Schedule "A" forming part of this by-law.

3. The following shall not apply to Section 2 of this By-Law:

a) deliveries to a location on a no heavy truck route;

b) the performance of services on a no heavy truck route;

c) emergency vehicles, road construction vehicles for the purpose of maintenance, repair or reconstruction of a no heavy truck route;

d) public services by the Township of Alfred and Plantagenet;

e) proceeding to or from a garage for the purpose of housing, storing, repairing a heavy truck on a no heavy truck route;

f) a privately-owned vehicle driven to or from the owner's residence;

g) public services by The Nation Municipality and the City of Clarence-Rockland on boundary roads.

4. Every person who contravenes any provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990 Chapter P.33 and amendments thereto.

5. Where any provision of this by-law is contravened and a conviction entered, the court in which the conviction has been rendered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person or persons convicted.

6. If any section of this by-law or part(s) thereof be declared by any court to be illegal or ultra vires, such section or part(s) shall be deemed to be separate and independent.

7. This by-law replaces and repeals all previous by-laws pertaining to no-truck routes, including By-law 95-17 of the former Township of North Plantagenet and By-law 2011-33, as well as any other by-laws not specifically listed.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 18th DAY OF JULY, 2011, after its first, second and third readings.

___________________________________

Jean-Yves Lalonde, Mayor

___________________________________

Marc Daigneault, Clerk

PARKING 

BY-LAW NUMBER 2007-75

BEING A BY-LAW of the Corporation of the Township of Alfred and Plantagenet to prohibit or regulate the placing, stopping, standing or parking within its jurisdiction.

WHEREAS section 7.1(1) of the Fire Protection and Prevention Act, S.O. 1997 authorizes municipalities to pass by-laws designating fire routes in the municipality and prohibiting parking thereon;

AND WHEREAS section 11 of the Municipal Act, S.O. 2001, authorizes municipalities to pass by-laws in respect to parking;

AND WHEREAS section 100 of the Municipal Act, S.O. 2001, authorizes municipalities to regulate or prohibit with respect to land not owned or occupied by the municipality that is used as a parking lot, for the parking or leaving of motor vehicles on that land without the consent of the owner of the land;

AND WHEREAS section 100.1 of the Municipal Act, S.O. 2001, authorizes municipalities to regulate or prohibit with respect to land not owned or occupied by the municipality, for the parking or leaving of motor vehicles without the consent of the owner of the land;

AND WHEREAS pursuant to the Municipal Act, S.O. 2001, section 102, municipalities are empowered to pass by-laws designating parking spaces for vehicles occupied by disabled persons and to prohibit the use of such spaces by other vehicles;

AND WHEREAS section 425 of the Municipal Act, S.O. 2001, authorizes municipalities to pass by-laws providing that a person who contravenes a by-law of the municipality is guilty of an offence;

AND WHEREAS pursuant to the Municipal Act, S.O. 2001, section 428, municipalities may pass by-laws providing that where a vehicle has been left parked, stopped or left standing in contravention of a by-law passed under the Municipal Act, the owner of the vehicle, even though the owner was not the driver of the vehicle at the time of the contravention of the by-law, is guilty of an offence unless at the time of the offence, the vehicle was in the possession of some person other than the owner without the owner's consent;

THEREFORE the Council of the Township of Alfred and Plantagenet enacts as follows:

SHORT TITLE

This by-law may be cited as the "Parking By-Law".

DEFINITIONS

(a) "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet;

"Crosswalk" shall mean:

i) that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the travelled portion of the highway, or

ii) any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface;

"Designated Disabled Person Parking Space" shall mean a parking space marked by a sign on streets, highways, municipal property and private property indicating that such space is to be for the sole use of vehicles operated by or conveying disabled persons and for which a permit has been issued in accordance with the Highway Traffic Act;

"Disabled Person" shall mean:

i) an individual who is unable to walk unassisted for more than 200 meters without great difficulty or danger to his or her health or safety; or

ii) an individual who holds a disabled person parking permit issued by the Ministry of Transportation and Communications of Ontario;

"Double Park" as applied to a vehicle means to allow that vehicle to remain stationary on the same side of the highway alongside and parallel with or nearly parallel to another vehicle already parked or standing or stopped at the curb of such highway except in obedience to traffic regulations, signs or signals;

"Emergency Vehicle" means ambulance, emergency rescue vehicle, fire truck;

"Farm Tractor" shall mean a self-propelled vehicle designated and used primarily as a farm implement for drawing ploughs, mowing-machines and other instruments of husbandry and not designated or used for carrying a load;

"Fire Route" shall mean any road, land, ramp or other means of vehicular access to, or egress from, a building or structure specifically identified as such for use of emergency vehicles;

"Highway" includes the entire right-of-way of a common and public highway, street, concession, place, avenue, parkway, square, route, lane or bridge designed and intended for, or used by, the general public for the passage of vehicles;

"Intersection" shall mean the area embraced within the prolongation or connection of the lateral curb lines or, if non, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other;

"Motorcycle" shall mean a self-propelled vehicle having a seat or saddle for the use of the driver and designated to travel on not more than three wheels in contact with the ground and includes a bicycle with a motor or a motor scooter;

"Motor Vehicle"includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power but does not include a traction engine, farm tractor or road building machine;

"Municipal Law Enforcement Officer" shall mean a Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet;

"Prohibited Parking Zone" shall mean the area of untravelled portion of a highway clearly marked as a prohibited parking area by signs place at intervals of no more than 25 metres;

"Road Building Machine" shall mean a self-propelled vehicle designed and used primarily in connection with the building or maintaining of highways and not designated for carrying a load;

"School Bus Loading Zone" shall mean a space marked by a sign indicating such space to be for the sole use of buses and for taking on or unloading passenger;

"Sidewalk" shall include all parts of a highway as are set aside for these of pedestrians;

"Township" shall mean the Township of Alfred and Plantagenet;

"Trailer" shall mean a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of animal husbandry, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon any highway, and, except a side car attached to a motorcycle, shall be considered vehicle and not part of the motor vehicle by which its drawn;

"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power including muscular power but does not include a motorized snow vehicle or the cars of electric or steam railways running only upon rails;

PARKING OFFENCES

No person shall park a vehicle:

within an intersection or within ten (10) metres thereof;

within a distance of three (3) metres from any fire hydrant, such distance being measured from that point on the curb which is found by taking the shortest distance between the fire hydrant and the curb;

in front of any church or other building used for religious purposes while a funeral service is taking place;

on a sidewalk or crosswalk;

in such a manner as to obstruct the entrance to a private lane unless he or she is the owner thereof of a person authorized by the owner to park in such a manner;

on any bridge or the approaches thereto;

within six (6) metres of any designated crosswalk;

in such manner as to obstruct traffic;

in such a manner as to interfere with the maintaining or construction of a highway;

facing wrong way.

No person shall, within the limits of the Township of Alfred and Plantagenet, park or allow to remain standing on any highway any vehicle between the hours of midnight to 07:00 a.m. from the first day of December in one year to the first day of April in the following year.

No person shall park a vehicle or permit a vehicle to remain parked on any highway:

while the work of removing snow or ice therefrom or clearing of snow therefrom is in progress; or

in such a manner as to interfere with street cleaning operations.

No person shall park a vehicle on a highway for the purpose of exhibiting the vehicle or offering the vehicle for sale.

When properly worded or marked signs have been erected and are on displays as set out in SCHEDULE "C" of this by-law no person shall park a vehicle or allow a vehicle to be parked in any designated disabled parking space unless that vehicle is displaying a disable person parking permit by the Ministry of Transportation and Communications of Ontario.

No person shall cause or allow the unauthorized use of a permit issued pursuant to this by-law.

9. When properly worded or marked signs have been erected and are on display as set out in SCHEDULE "B", of this by-law no person shall park a vehicle or permit a vehicle to remain parked on any of those streets or parts of streets which are set out in column 1, on a side or sides of the streets as set out in column 2, between the limits set out in column 3 and during the period set out in column 4 as set out in SCHEDULE "A".

10. When properly worded or marked signs have been erected and are on display as set out in SCHEDULE "D" of this by-law no person shall park a vehicle or permit a vehicle to remain parked on any highway within a prohibited school bus loading zone as designated in SCHEDULE "F" of this by-law.

11. When properly worded or marked signs have been erected and are on display as set out in SCHEDULE "E" of this by-law no person shall park a vehicle or permit a vehicle to remain parked in any area designated as a fire route.

12. When properly worded or marked signs have been erected and are on display as set out in SCHEDULE "H" of this by-law no person shall park a vehicle or permit a vehicle to remain parked in excess of posted time limit on any of those streets or parts of streets which are set out in column 1, on a side or sides of the streets as set out in column 2, between the limits set out in column 3 and during the period set out in column 4 as set out in SCHEDULE "G".

13. No person who is operating a vehicle for the purpose of delivering goods, wares, merchandise, milk, bread or any other commodity shall stop or park said vehicle at any place on any highway other than at the curb or side of the highway.

14. No person shall park a vehicle in such manner that it is double parked on any highway at any time.

ADMINISTRATION AND ENFORCEMENT

15. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.

PENALTIES

16. Whenever a vehicle is parked in contravention of any section of this by-law the Municipal Law Enforcement Officer may cause the said vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for the removing, care and storage thereof, shall be paid by the owner of the said vehicle in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, chapter R. 25

17. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P. 33 and amendments thereto.

18. 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.

19. The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.

20. This by-law is not to be construed at any time in such fashion as to hold the corporation or its officers liable for failing to ensure that persons comply with the provisions of this by-law.

21. This by-law shall come into force on the 1st day of November 2007, and shall take effect on that date.

22. That By-laws 2005-67 and 2006-83 are hereby repealed.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF November, 2007.

Jean-Yves Lalonde, Mayor

Diane Thauvette, Clerk-Treasurer

 

 
PARKS 
BYLAW NUMBER 2010-63

BEING A BY-LAW TO REGULATE AND CONTROL ALL PUBLIC PARKS, RECREATIONAL FACILITIES AND MUNICIPAL LANDS IN THE TOWNSHIP OF ALFRED AND PLANTAGENET.

WHEREAS Section 27(1) of the Municipal Act, R.S.O. 2001, Chap. 25 as amended, provides the municipality 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 recreational facilities;

AND WHEREAS Council deems it expedient to regulate the use of parks, recreational facilities and municipal lands under the control and management of the municipality;

NOW THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

DEFINITIONS:

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;

''Coordinator'' means the Recreation Coordinator of the Township of Alfred and Plantagenet or authorized designates, unless otherwise specified;

''facility'' means any area, pool, building or structure in a park under the jurisdiction of the Recreation Department of the Township of Alfred and Plantagenet;

''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 Coordinator;

''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, 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 Township and devoted to active or passive recreation and includes any lane or walkway or public parking area leading thereto;

''person'' means an 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;

''Township'' means the municipal corporation of the Township of Alfred and Plantagenet or the geographic area of the Township of Alfred and Plantagenet as the context requires;

''waste'' means paper, bottles, broken glass, cans, rags, garbage, rubbish, debris or refuse of any kind;

''wheel chair'' 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 Coordinator;

(b) remain in the park upon completion of an activity as a participant or spectator no more than (1) one 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) or 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 Coordinator may permit animals to be brought into a park for specific events, if the applicant files with the Coordinator request for a specific event indicating the time, date, place and purpose together with any additional information requested by the Coordinator.

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

(5) No person being the owner or having care and custody of an animal shall allow the animal into enclosed areas such as tennis courts, pools and other facilities.

(6) Notwithstanding subsection (5), permission will be granted for service animals to be allowed into recreation and municipal buildings and/or facilities.

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 Coordinator for such
respective purpose and in accordance with subsection (2).

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

(3) Despite subsection (2), the Coordinator 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 Coordinator 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 Coordinator.

(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 Coordinator.

(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 Coordinator 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 Coordinator as an archery range.

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

(11) No person shall use a barbecue in a park except in areas designated by the Coordinator 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 Coordinator.

CYCLING, SKATEBOARDING, ROLLERBLADING, MOTORIZED VEHICLES

6. (1) The Coordinator 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 Coordinator 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 Coordinator 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 Coordinator 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 without a permit issued by the Coordinator:

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 place, specifically provided by the Township;

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 One Million Dollars ($1,000,000.00), 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 Township of Alfred and Plantagenet 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 Coordinator;

d. follows the incident reporting procedure outlined in the permit in the event of an incident, including the contacting of on-site Township staff, Police, paramedic or fire services, as appropriate; and

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

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

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

a. accesses or uses the area of the park designated by the Coordinator for the permitted use;

b. produces his or her permit upon being so directed by the Coordinator or a Municipal Law Enforcement Officer;

c. immediately vacates the park upon being so ordered by the Coordinator or a Municipal Law Enforcement Officer; and

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

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

(7) A permit for park use issued by the Coordinator 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 trees, 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 Township including:

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

b. building, cage, pen, or monument.

(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 Coordinator.

(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 Coordinator.

(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 Coordinator.

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 Coordinator.

c. use the rink during the preparation period; or

d. fail to obey the instructions of a person employed by the Township of Alfred and Plantagenet or any other person appointed by the Coordinator 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 Township.

(5) For the purpose 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 Coordinator.

(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 Coordinator 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 Coordinator.

(2) Where the Coordinator 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 Township of Alfred and Plantagenet from any and all claims, demands, causes of action, losses, costs or damages that the Township of Alfred and Plantagenet 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 Coordinator if, in the opinion of the Coordinator, the permit holder fails to comply with the requirements of the permit or any other provisions of this by-law.

EXEMPTIONS

16. (1) The provision of this by-law shall not apply to the Township of Alfred and
Plantagenet 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 Officer
of the Township of Alfred and Plantagenet.

(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 Township to incur costs due to his or her actions shall, in addition to any penalty provided for herein, be liable to the Township 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 of action or in a like manner as municipal taxes.

EFFECTIVE DATE

20. This by-law shall come into force on June 7th, 2010.

READ, DONE AND PASSED IN OPEN COUNCIL, THIS 7th DAY OF JUNE, 2010.

_____________________________________
Jean-Yves Lalonde, Mayor

_____________________________________ A

Marc Daigneault, Clerk

 

 
PROCEDURES FOR NOTICES
BY-LAW NUMBER 2012-12
(modified by by-law 2013-58)

Being a by-law to consolidate By-laws number 2007-76, 2008-35 and 2011-62 establishing procedures for notices as required under the Municipal Act, 2001 for the Corporation of the Township of Alfred and Plantagenet.

Reference: Municipal Act, S.O. 2001, Chapter 25.

WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Paragraph 270 (1) 4, (the "Act") provides that a municipality shall adopt and maintain policies with respect to the circumstances in which the municipality shall provide notices to the public and, if notice is to be provided, the form, manner and times notice shall be given;

AND WHEREAS it is deemed expedient to implement procedures with respect to the giving of notice to the public from time to time under the Act;

NOW THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1. That all references of publication of notices in the local newspaper be delted from the schedules.

2. That By-Law number 2007-76, 2008-35 and 2011-62 be hereby repealed.

3. That this By-law and the amended "Procedure Schedules", attached hereto and forming part of this By-law, be adopted.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY ADOPTED this 6th day of February 2012.

Jean-Yves Lalonde, Mayor

Marc Daigneaul, Clerk

SCHEDULE "A" TO BY-LAW 2012-12

Procedures for Notices under the following circumstances

Section 34 Highway closing and alterations

Notice contents

Authority for the notice

Outline of subject matter or purpose of notice

Notice requirements as per by-law

Written and/or verbal comments will be considered at date/time/place of public meeting for consideration of By-law

If available, include a key map or other description of the lands affected

Identify parties affected (at large audience or specific audience)

Include how and where comments/objections can be made

Provide a contact information name

Clerk-treasurer name/title and address

Notices for road closures may be combined with a notice of sale, if applicable.

Manner of Notice

Posted on site for at least one month in six of the most public places in the immediate neighbourhood of the proposed closure, including the ward library

Notice to abutting municipality, if applicable

Notice to upper tier municipality

Town Hall Office

Township Web site

SCHEDULE "B" TO BY-LAW NO. 2012-12

Procedures for Notices under the following circumstances

Naming private roads (section 48)

Notice contents

authority for the notice

outline of subject matter or purpose of notice

notice requirements as per by-law

written and/or verbal comments will be considered at date/time/place of public meeting for consideration of By-law

if available, include a key map or other description of the lands affected

identify parties affected (at large audience or specific audience)

include how and where comments/objections can be made

provide a contact information name

clerk-treasurer name/title and address

Manner of Notice

Posted on site for at least one month in six of the most public places in the immediate neighbourhood of the proposed closure

Detailed notice to all ratepayers fronting the private road either personally or by prepaid mail to the last known address of the owner.

Township Website

Notice to upper tier municipality

SCHEDULE "C TO BY-LAW NO. 2012-12

Procedures for Notices under the following circumstances

Section 151 and 152 Licensing by-law

Section 187 - Changing municipal name by-law

Section 217 - Changes to Council composition by-law

Section 222 - Changes to wards by-law

Section 290 and 291 - Adoption of Budget

Notice contents

authority for the notice

outline of subject matter or purpose of notice

notice requirements as per by-law

written and/or verbal comments will be considered at date/time/place of public meeting for consideration of By-law

identify parties affected (at large audience or specific audience)

include how and where comments can be made

provide a contact information name

clerk-treasurer name/title and address

Manner of Notice

Township Website

Administration Office

Local libraries

SCHEDULE "D" TO BY-LAW NO. 2012-12

Procedures for Notices under the following circumstances

Procedure by-law (section 238)

Amendment to budget by-law (section 270)

Improvement in services (performance measures)

Fees and charges by-laws

Notice contents

authority for the notice

outline of subject matter or purpose of notice

notice requirements as per by-law

written and/or verbal comments will be considered at date/time/place of public meeting for consideration of By-law, if applicable

clerk-treasurer name/title and address

Manner of Notice

Administration Office

Township libraries

Township website

SCHEDULE "E" TO BY-LAW NO. 2012-12

Procedures for Notices under the following circumstances

Publication of financial statements (section 295(1))

Notice contents

authority for the notice

mention that all the information is available at no cost to any taxpayer or resident of the municipality upon request at the Town Hall

Auditor's report

Consolidated Statement of Financial Activities

Consolidated Statement of Changes in Financial Position

Notes to Financial Statements

Manner of Notice

Township Bulletin within 60 days of presentation of financial statements at Council meeting.

Manner of Notice

Township Bulletin

SCHEDULE "F" TO BY-LAW NO. 2012-12

General Information

The notification procedure for sale of land shall be established according to the sale of real property by-law (By-law Number 2007-59).

The notification procedure for the shut-off of public utility for overdue accounts pursuant to section 81.(3) of the Municipal Act, 2001 shall be established according to the Water service rate by-laws, as amended, for ward 1 and 3 (Alfred-Lefaivre), for ward 2 (Wendover area) and for ward 4 (Plantagenet village and surrounding area).

Where any other separate by-laws have been enacted in accordance with provisions contained in the Act, the notice provisions set out in such by-laws shall prevail.

If a proposed by-law is not passed at the council meeting specified in a notice, but consideration of the matter is deferred, no further notice is required if a public statement is made at the meeting that the matter has been deferred and that the municipality now intends to adopt or amend the by-law at a later council meeting specified in the public statement. This section applies to any further deferrals of the matter.

Where notice of intention to pass a by-law or notice of a public meeting is required to be given which has not been provided for in the previous schedules of this by-law, the Council shall adopt a resolution to determine the manner and form of such notice.

If a matter arises, which in the opinion of the Clerk-Treasurer, in consultation with the Mayor, is considered to be of an urgent or time sensitive nature, or which could affect the health or well-being of the residents of the Township of Alfred and Plantagenet, or if a State of Emergency is declared, or if so advised by a Provincial Ministry, the Clerk-Treasurer shall make his/her best efforts to provide as much prior notice as is reasonable under the circumstances or will provide notice of the action as soon as possible following the action and will present a report to Council for ratification.

In order to better inform the public as to the manner of notices, references shall be incorporated in the yearly municipal bulletin as to the use of our municipal web site, local libraries and of the use of the Vision newspaper.

 

REFRESHMENT VEHICLES 

BY-LAW NUMBER 2014-24

 

BEING A BY-LAW FOR LICENSING, REGULATING AND GOVERNING REFRESHMENT VEHICLES (COMMONLY KNOWN AS CHIPWAGONS)

 

WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, under section 151, provides that the Council of a local municipality may pass by-laws for licensing, regulating and governing any business carried within the municipality;

 

AND WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, under section 425 (1), provides that a municipality may pass by-laws providing that a person who contravenes a By-law of the municipality passed under the Municipal Act, 2001, S.O. 2001, c.25, as amended, is guilty of an offence;

 

AND WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, under section 429 (1), provides that a municipality may establish a system of fines for offences under a By-law passed under the Municipal Act, 2001, S.O. 2001, c.25, as amended;

 

THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

 

SHORT TITLE

1.         This by-law may be cited as the "Refreshment Vehicles By-Law".

  

DEFINITIONS

2.         In this by-law:

 

(a)        "Applicant" means a person filing an application for a licence under the authority of this by-law;

 

(b)        "Council" shall mean the Council of the Corporation of the Township of Alfred and Plantagenet;

 

(c)        "Fire Chief" shall mean the Chief of the Alfred and Plantagenet Fire Department or his or her authorized subordinates or assistants.

 

(d)        "Licensee" shall mean a holder of a licence issued under this by-law;

 

(e)        "Medical Health Officer" shall mean the Medical Health Officer of the Counties of Prescott and Russell or his subordinates to whom he may designate such authority from time to time;

 

(f)        "Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet;

 

 (g)       "Parks" shall mean all public parks located within the limits of the Township;

 

(h)        "Township" shall mean the Township of Alfred and Plantagenet;

 

(i)         "Vehicle" shall mean a vehicle as defined in the Highway Traffic Act regardless of the fact that the running gear has been removed or not;

 

(j)         "Victualing House" shall mean a premise where refreshments or meals are prepared or sold for immediate consumption on the premise or elsewhere, but does not include a premise where only hot beverages are sold or a refreshment vehicle;

 

(k)        "Zoning Administrator" shall mean the Zoning Administrator appointed by the Council of the Corporation of the Township of Alfred and Plantagenet;

  

GENERAL REQUIREMENTS

3.         No person shall operate a vehicle from which refreshments are sold for human consumption within the Township without first obtaining a licence as hereafter set out.

 

4.         No person shall, with the following exceptions, operate a vehicle from which refreshments are sold for human consumption within three hundred (300) metres of a victualing house or refreshment vehicle.

 

(a)        Refreshment vehicles with Type "B" licences may be within three hundred (300) metres but not less than ten (10) metres of another refreshment vehicle.

 

(b)        A refreshment vehicle already established at the Wendover Wharf may be within three hundred (300) metres but not less than one hundred fifty (150) metres of a victualing house or another refreshment vehicle.

 

5.         No person shall operate a vehicle from which refreshments are sold for human consumption within ten (10) metres of any building or structure.

 

6.         No person shall operate a vehicle from which refreshments are sold for human consumption on municipally owned lands or parks without prior written consent from the Council.

 

7.         No person shall operate a vehicle from which refreshments are sold for human consumption without having a licence issued under this by-law prominently displayed on the vehicle.

 

8.         No person who operates a vehicle from which refreshments are sold for human consumption shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the refreshment vehicle.

 

9.         Every person who operates a vehicle from which refreshments are sold for human consumption shall ensure that the garbage or litter resulting from his or her activity is collected and removed from the area.

 

10.       Every person who operates a vehicle from which refreshments are sold for human consumption shall ensure that a garbage receptacle is placed outside of the refreshment vehicle while he or she is vending, and that the garbage is disposed of as required. 

 

LICENCE APPLICATION - ADMINISTRATION

11.       The licence may designate the private properties upon which such sales of refreshments may be made.  No designation of a private property for the purposes of such sale shall be made unless it is clearly established by the applicant that the owner of the property has consented in writing to the use of his property for this purpose.

 

12.       All vehicles so licensed shall be operated only in conformity with the requirements of the Medical Health Officer and the Council may, at any time, revoke any licence issued hereunder.

 

13.       The licence may designate any further terms or conditions of licence deemed necessary.

 

14.       A licence granted hereunder shall, with the following exception, be for the operation of the refreshment vehicle for one calendar year.

 

(a)        A Type "B" licence may be issued for a specific event provided that:

(i)         The event is being held for a period of not more than ten (10) days, and

(ii)        The applicant has furnished details as to the specific event, including its location.

 

CONDITIONS FOR ISSUANCE

15.       No applicant for a refreshment vehicle licence shall be issued a licence unless:

 

(a)        The applicant is at least eighteen (18) years of age;

(b)        The Medical Officer of Health has reported in writing that the refreshment vehicle and equipment is suitable for the purpose of the licence application and is in a sanitary condition;

(c)        The Fire Chief has reported in writing that, where applicable, the refreshment vehicle and equipment is suitable for the purpose of the licence application and is in a fire safe condition;

(d)        The Medical Officer of Health has reported in writing that, where applicable, the disposal of waste water and sewage from refreshment vehicle is in accordance with regulations;

(e)        The Zoning Administrator has reported in writing that, where applicable, the location and usage conforms to the Zoning By-Law of the Township;

(f)        The applicant has specified the make, style, model and serial number of the refreshment vehicle;

(g)        The applicant is the holder of a current motor vehicle permit, where applicable, issued pursuant to the Highway Traffic Act that permits it to be driven on any highway;

(h)        The applicant has filed proof of insurance for public liability in the amount of not less than five hundred thousand ($500,000.00) dollars public liability inclusive of bodily injuries, property damage and accidental benefits and including damage occasioned by any accident arising out of the operation of the refreshment vehicle in respect of which a licence is applied for;

(i)         The application is accompanied by a cheque for the fees in the amount as specified in Schedule "A" of this by-law, and;

(j)         The application shall be in the form specified in Schedule "B".

  

TRANSFERS OF LICENSE

16.       No licence issued pursuant to this By-Law shall be transferred in any manner.

 

17.       No person shall transfer a license issued pursuant to this By-Law in any manner.

  

RENEWAL OF LICENCE

18.       The licensee shall ensure that, during the period of ninety (90) days prior to the expiration of the license, his or her vehicle from which refreshments are sold is submitted for inspection, where applicable, to:

(a)        The Medical Officer of Health, and

(b)        The Fire Chief,

as if the applicant was filing an original application.

 

19.       The licensee shall submit a completed application with all the required approvals at least 60 days prior to the expiration of the license.

 

SUSPENSION / REVOCATION

20.  The Municipal Law Enforcement Officer may revoke or suspend any or each of the permits issued to any person or close the establishment for cause and without limiting the generality of the foregoing for:

(a)   A breach of the law;

(b)   Any violation of the provisions of this by-law.

 

21. The provisions of section 20 may be exercised in addition to any prosecution or other legal action.

 

22.  Any person contravening any of the provisions of this by-law while under suspension shall be regarded as though no permit has been issued.

  

NOTICE OF VIOLATION & CLOSURE

23.  Upon determination that any violation of the provisions of this by-law or breach of the law has been committed, a notice of violation & closure may be posted on the refreshment vehicle by the Municipal Law Enforcement Officer. 

 

24.  Such notice shall stay on the vehicle until a licence has been properly issued.

 

25.  No person shall, at the exception of the Municipal Law Enforcement Officer, remove, deface or destroy the said notice.

 

OBSTRUCTION

26. No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer, the Fire Chief or Medical Health Officer in the lawful performance of their duties. 

 

SEVERABILITY

27. If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced Council to pass the remainder of this by-law, and shall be valid and shall remain in force.

 

ADMINISTRATION

28. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.

 

PENALTIES

29.  Every person who contravenes any of the 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.

 

30.  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.

  

BY-LAW REPEALED

31. By-Law Number 2005-70 is hereby repealed.

 

DATED AND PASSED IN OPEN COUNCIL, THIS _________ of _____________ 2014.

  

____________________________                          ____________________________

   Jean-Yves Lalonde, Mayor                                        Marc Daigneault, C.A.O./Clerk

  

SCHEDULE "A"

  

REFRESHMENT VEHICLE LICENCE FEE SCHEDULE

 

1.         Annual fee for Refreshment Vehicle Licence                                     $200.00     

 

 2.         Type "B" Refreshment Vehicle Licence                                             $50.00/event

 

SCHEDULE "B"

 

APPLICATION FOR REFRESHMENT VEHICLE LICENCE (Fillable form)

STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY
BY-LAW NO.  47-2001       

Being a By-law for prescribing standards for the maintenance and occupancy of property within the Township of Alfred and Plantagenet and prohibiting the use of any property that does not conform to the standards and requiring such properties to be repaired, maintained, or cleared of buildings, structures, debris, or refuse and prohibiting the remove of any notice, sign, or placard placed thereon in accordance with this By-law. 

WHEREAS under Section 15.1 (3) of the Building Code Act, S.O. 1992, c.23, a by-law may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions; 

AND WHEREAS  the Official Plans for the former Corporations of the Township of Alfred, of the Village of Alfred, of the Township of North Plantagenet and of the Village of Plantagenet include provisions relating to property conditions;  

AND WHEREAS the Council of The Corporation of the Township of Alfred and Plantagenet is desirous of passing a by-law under Section 15.1 (3) of the Building Code Act, S.O. 1992, c.23; 

AND WHEREAS Section 15.6 (1) of the Building Code Act, S.O. 1992, c.23 requires that a by-law passed under Section 15.1 (3) of the Building Code Act, S.O. 1992, c.23 shall provide for the establishment of a Property Standards Committee; 

NOW THEREFORE the Township of Alfred and Plantagenet hereby enacts the following:   

SECTION 1

GENERAL

1.1       SHORT TITLE

This By-law may be cited as the "Property Standard By-Law"  

SECTION 2

DEFINITIONS 

In this By-law: 

2.1       "Accessory Building" means a detached building or structure, not used for human habitation, that is subordinate to the primary use of the same property.

 

2.2       "Apartment Building" means a building containing more than four dwelling units with individual access from an internal corridor system.

 

2.3       "Approved" means acceptance by the Property Standards Officer.

 

2.4       "Balustrads" means a protective barrier that acts as a guard around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways, or other locations to prevent accidental falls from one level to another such barrier may or may not have openings throught it.

 

2.5       "Basement" means that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade.

 

2.6       "Bathroom" means a room containing at least a washbasin and toilet and bathtub or shower, or two rooms which contain in total at least one washbasin and one toilet and one bathtub or shower.

 

2.7       "Boarding House" means a building or portion thereof other than a hotel where lodging with or without meals is provided for compensation to not more than 6 persons exclusive of the proprietor and his family.

 

2.8       "Building" means a structure used for or intended for supporting or sheltering any use or occupancy.

 

2.9       "Cellar" means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling below the average exterior finished grade.

 

2.10     "Commercial Property" means a property used for the sale of goods and for services and for the purposes of this By-law shall include office buildings, public halls, licensed premises and private clubs, and any building that is used in conjunction with these. 

2.11     "Committee" means the Property Standards Committee established under The Ontario Buidling Code Act, Section 15.6. 

2.12     "Corporation" means the corporation of the Township of Alfred and Plantagenet.

 

2.13     "Dwelling" means a building or structure or part of a building or structure, occupied or capable of being occupied, in whole or in part for the purpose of human habitation.

 

2.14     "Dwelling Unit" means a room or a suite of rooms operated as a house-keeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping, and sanitary facilities.

 

2.15     "Family" means one or more individuals whether or not related by blood, marriage or legal adoption and including domestic servants, nursing aids and gratuitous guests, who live together in one dwelling unit and maintain a common household provided that a family which is not related by blood, marriage or legal adoption shall not exceed four individuals.

 

2.16     "Fire Resistance Rating" means the time in hours or fraction thereof that a material  or assembly will withstand the passage of flame and the transmission of heat when exposed to fire under specified conditions of test and performance criteria, or as determined by extension or interpretation of information derived therefrom as prescribed in the Ontario Building Code.

 

2.17     "First Storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6 ft.) above grade.

 

2.18     "Floor Area" means the space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls or partitions, but not including exits, assemblies, vertical service spaces and their enclosing.

 

2.19     "Guard" means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them.

 

2.20     "Habitable Room" means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes.

       

2.21     "Industrial Property" means a property use for the manufacturing and/or processing of goods or used for the storage of goods or raw material and any property that is used in conjunction with these uses.

 

2.22     "Maintenance" means the preservation and keeping in repair of a property.

 

2.23     "Means of Egress" means a continuous, unobstructed path of travel provided by a

doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building, a floor area, a room, or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building.

 

2.24     "Medical Officer of Health" means the Medical Office of Health of the Eastern Ontario Health Unit.

 

2.25     "Multiple Dwelling" means a building containing three or more dwelling units.

 

2.26     "Multiple Use Building" means a building containing both a dwelling unit and a non-residential property.

 

2.27     "Non-Habitable Room" means any room in a dwelling unit other than a habitable room      and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dwelling for public use, and for access to and vertical travel between storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law.

 

2.28     "Non-Residential Property" means a building or structure or part of a building or structures not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein.

 

2.29     "Occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. 

 

2.30     "Occupant" means any person or persons over the age of eighteen years in possession of the property.

 

2.31     "Officer" means a Property Standards Officer who has been assigned the responsibility for enforcing and administering this By-law. 

 

2.32     "Owner" includes,

 

(a) the person for the time being 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, or who would so receive the rent if such land and premises were let, and;

(b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property;

 

2.33 "Person" means an individual, firm, corporation, association or partnership.

 

2.34 "Property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile structures, mobile homes, mobile buildings structures, outbuildings, fences and erections thereon, whether heretofore or hereafter erected and includes vacant property.  

2.35 "Public Building" means a building which is staffed by government personnel for the purpose of servicing the public.

 

2.36  "Repair" includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established in this by-law.

 2.37 "Residential Property" means any property that is used or designated for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces, and fences associated with the dwelling or its yard.

 

2.38 "Roomer or Lodger" means a person harboured, received or lodged, in a lodging house or boarding house in return for compensation.

 

2.39     "Sewage System" means the municipal sanitary sewer system or a private sewage disposal system approved by the Eastern Ontario Health Unit.

 

2.40     "Standards" means the standards of the physical condition and of occupancy prescribed for property by this By-law.

 

2.41     "Toilet Room" means a room containing a water closet and a wash basin.    

 

2.42     "Yard" means the land other than publicly owned land whether it is vacant or around or appurtenant to the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property.

 

SECTION 3

GENERAL STANDARDS FOR ALL PROPERTY

 

3.1       All repairs and maintenance of property shall be carried out with suitable and sufficient     materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code, the Ontario Fire Code and the Fire Prevention and Protection Act where applicable.

 

3.2       YARDS

 

3.2.1    Every yard, including vacant lots shall be kept clean and free from:

 

(1)        rubbish or debris and objects or conditions that may create a health, fire, or accident hazard;

 

(2)        wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers or boats unless it is necessary for the operation of a business enterprise lawfully situated on the property;

 

(3)        long grass, brush, heavy undergrowth and noxious weeds as defined by the Weed Control Act; (such as ragweed, poison ivy, poison oak and poison sumach);

 

(4)        dilapidated, collapsed or partially constructed structures; which are not currently under construction;

 

(5)        injurious insects, termites, rodents, vermin or other pests; and

 

(6)        dead, decayed or damaged trees or other natural growth.

 

(7)        accumulations of material, wood, debris or other objects that create an unsafe or unsightly condition, deleterious to the neighbouring environment.

  

3.3       SURFACE CONDITIONS

 

3.3.1    Surface conditions of yards shall be maintained so as:

 

(1)        to prevent ponding of storm water;

 

(2)        to prevent instability or erosion of soil;

 

(3)        to prevent surface water run-off from entering basements;

 

(4)        not to exhibit an unsightly appearance;

 

(5)        to be kept free of garbage and refuse;

 

(6)        to be kept free of deep ruts and holes;

 

(7)        to provide for safe passage under normal use and weather conditions, day or night; and

 

(8)        not to create a nuisance to other property.

 

3.4       SEWAGE AND DRAINAGE

 

3.4.1    Sewage shall be discharged into an approved sewage system.

 

3.4.2    Sewage of any kind shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise.

 

3.4.3    Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property.

 

3.5       PARKING AREAS, WALKS AND DRIVEWAYS

 

3.5.1    All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair free of dirt and litter. 

 

3.5.2    Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions day or night.

 

3.6       ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES

 

3.6.1    Accessory buildings, fences and other structures appurtenance to the property shall be maintained in structurally sound condition and in good repair.

 

3.6.2    Accessory buildings, fences, and other structures shall be protected from deterioration by the application of appropriate weather resistant materials including paint or other suitable preservative and shall be of uniform colour unless the aesthetic characteristics of the said structure are enhanced by the lack of such material.

 

3.7       GARBAGE DISPOSAL

 

3.7.1    Every building, dwelling, and dwelling unit shall be provided with a sufficient number of suitable receptacles to contain all garbage, refuse and ashes that may accumulate on the property between the regularly designated collection days. Such receptacles shall be constructed of watertight material, provided with a tight fitting cover, and shall be maintained in a clean and odour free condition at all times.

 

3.7.2    All garbage, refuse, and ashes shall be promptly placed in a suitable container and made available for removal in accordance with the municipal garbage by-law where applicable.

 

3.7.3    Garbage storage areas shall be screened from public view.

 

3.8       COMPOST HEAPS

 

3.8.1    The occupant of a residential property may provide for a compost heap in accordance with the health regulations, provided that the compost pile is no larger than one square meter and 1.8 meters in height and is enclosed on all sides by concrete block, or lumber, or in a forty-five gallon containers a metal frame building with a concrete floor, or a commercial plastic enclosed container designed for composting.

 

3.9       SIGNS

 

3.9.1    All signs shall be maintained in a good state of repair.

 

3.9.2    Signs which are damaged or broken, or which are excessively weathered or fade, or, upon which the finish is worn, peeled or cracked, shall with their fastenings and supporting members, be removed or refinished and put in a good state or repair.

  

3.10     BURNT MATERIAL AND DEMOLISHED MATERIAL

  

3.10.1  In the event of fire or explosion, damaged or partially burnt material and demolished material shall be forthwith removed from the premises, except that such material may be temporarily stored within the barricaded fire damaged building or unit.

  

SECTION 4

MAINTENANCE OF BUILDINGS AND STRUCTURES

 

4.1       Structurally Sound

 

 4.1.1    Every tenant, or occupant or lessee of a property shall  maintain the property or part thereof and the land which they occupy or control, in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws.

   

4.1.2    Every tenant, or occupant or lessee of a property shall maintain every floor, wall, ceiling and fixture, under their control, including hallways, entrances, laundry rooms, utility rooms, and other common areas, in a clean, sanitary and safe condition.

 

4.1.3    Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress shall not be permitted.

 

4.1.4    Every part of a property shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use having a level of safety as required by the Ontario Building Code.

 

 4.1.5    Materials which have been damaged or show evidence of rot or other deteriorating shall be repaired or replaced.

 

4.1.6    All exterior surfaces shall be of materials which provide adequate protection from the weather.

  

4.2       Pest Prevention

 

4.2.1    All property shall be kept free of rodents, vermin,   and insects at all times and methods used for exterminating rodents, vermin, or insects shall be in           accordance with the provisions of the Pesticides Act.

 

4.2.2    Openings and windows or ventilators used or required for ventilation, and any other openings in a basement or cellar including a floor drain, that might permit the entry of rodents, shall be screened with wire mesh, metal grill or other durable material which will effectively exclude rodents.

 

4.3       Foundations

 

4.3.1    Foundations shall be of masonry, concrete or other  acceptable materials, and designed to adequately support the loads imposed and provide a dry basement or crawl space. They shall be free of leaks and defective mortar joints or masonry. Foundation walls shall be waterproof and dampproof to prevent the entry of moisture or water into the basement, cellar  or crawl space.

           

 4.3.2    Every basement, cellar and crawl space in a dwelling or building shall be adequately drained, and  adequately ventilated to the outside air.

 

4.4       Basement and Cellar Floors

 

 4.4.1    Every basement and cellar shall have a floor of concrete, masonry or other impervious material and where a floor drain is necessary it shall be located at the lowest part of the said floor and connected to  the storm sewer system, if possible.

 

4.4.2    Basements, cellars or crawl spaces which are not served by a stairway leading from the building or from outside the building may have a dirt floor  provided it is covered with a moisture proof covering.

 

4.5       Dampness

 

 4.5.1    The interior floors, ceiling and walls shall be kept free from dampness arising from the entrance of moisture through an exterior wall or a roof, or through a cellar, basement or crawl space floor.

4.5.2    The insulation requirements of the Ontario Building Code as amended from time to time, shall be complied with where necessary and practical.

 

4.6       Exterior Walls

 

4.6.1    The exterior walls, and other parts of the building shall be free from loose, rotted, warped and broken materials and objects. Such materials and objects shall be removed or repaired.

 

4.6.2    All exterior surfaces shall be of materials which provide adequate protection from the weather.

 

4.6.3   The exterior walls and their components shall be adequate to support the loads upon them and shall have an acceptable cladding or covering, free of    holes, cracks or excessively worn surfaces, to prevent the entry of moisture into the structure and provide reasonable durability and shall be   so maintained by the  painting, restoring or repairing of  the walls, coping or flashing and by the waterproofing of joints and of the walls themselves.

 

4.6.4    All air conditioners which are installed and operated directly over a public sidewalk shall be equipped  with proper devices for the prevention of condensation drainage upon the sidewalk.

 

 4.6.5    Exterior walls of a dwelling and their components shall be free of unauthorized signs, painted slogans, graffiti and similar defacements.

 

4.7       Roof

 

4.7.1    All roof construction components shall provide adequate support for all probable loads, and form a  suitable base for the roof covering. The roof  including the facia board, soffit, cornice and flashing shall be maintained in a watertight condition so as to prevent leakage of water into the building, and where necessary shall be maintained by  the repair of the roof and flashing, or by applying waterproof coatings or coverings.

 

4.7.2    All roof construction components shall provide adequate support for all probable loads, and form a suitable base for the roof covering.

           

4.7.3    Dangerous accumulations of snow or ice or both shall be removed from the roof of a dwelling or building.

 

4.8       Doors and Windows

 

4.8.1    Windows, doors, skylight, and basement or cellar hatchways shall be maintained in good repair, weather tight and reasonably draught-free, to prevent heat loss and infiltration by the elements. Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and reglazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair.

 

 4.8.2    All windows that are intended to be opened and all exterior doors shall have                      suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the building.

 

4.8.3    Every window in a leased dwelling unit that is located above the first storey of a               multiple dwelling shall be equipped with an approval safety device that would prevent any part of the window from opening greater that would permit the passage of a 100mm diameter (3.9 inches) sphere. Such safety device shall not

prevent the window from being fully opened during an emergency situation by an adult without the use of tools.

 

4.9       Stairs, Porches and Balconies

 

4.9.1    Inside or outside stairs, balconies, porches or landings, shall be maintained so as  to be free of holes, cracks and other defects which  constitute accident hazards, existing stairs treads or risers that show excessive wear or are broken, warped or loose, and any supporting structural members that are rotted or deteriorated, shall be repaired or replaced. 

           

 4.9.2  A guard shall be installed and maintained in good repair on the open side of any                  stairway ramp containing three (3) or more risers including the landing of height of 600 mm (24") between adjacent levels. A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings, porches, balconies. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature.

  

4.10     Walls and Ceilings

4.10.1 Every walls and ceiling finish shall be maintained so as to be free of holes, cracks, loose coverings or other defects which would permit flame or excessive heat to enter the concealed space. Walls surrounding showers and bathtubs shall be                    impervious to water.

 

4.10.2  Where dwelling units are separated vertically, the dividing walls from the top of the footings to the underside of the roof deck, and any space between the top of the wall and the roof deck shall be tightly sealed by caulking, mineral wool or similar non-combustible material, and such walls shall conform to the fire resistance ratings contained in the Ontario Building Code.

 4.11     Floors

           

 4.11.1  Every floor shall be smooth and level and be maintained so as to be free of all loose, warped, protruding, broken or rotted boards that might cause an accident     and all defective floor boards shall be repaired or replaced.

 

4.11.2  Where floor boards have been covered with linoleum or some other covering that has become worn or torn so that it retains dirt or might cause an accident, the    linoleum or other covering shall be repaired,  replaced or removed.

 

4.11.3  Every floor in a bathroom, toilet room, kitchen, shower room and laundry room shall be maintained so as to be impervious to water and readily cleaned.

 

4.12     Egress

 

4.12.1  Every required exit from a residential building shall open directly to a street or outer court. In the case of a one family dwelling, there shall be at least two exits suitably remote from each other, from the first storey.

 

.12.2  Every dwelling which contains dwelling units located other than on the ground floor shall be provided with a second means of egress.

 

                        4.12.3  In the case of a multiple dwelling, wherever there are not two means of egress from each apartment, suitably remote from each other, there shall be ready access   to at least two means of egress leading to separate and independent exits.

 

                        4.12.4  A required exit shall not pass through an attached garage, or built-in garage or an enclosed part of  another dwelling unit.

 

4.12.5  All Commercial, Institutional and Industrial building shall be provided with exits of size and number so as to be in compliance with the requirements of the Ontario  Building Code, as amended from time to time for the appropriate group and division.

 

4.13     Air Conditioners

 

4.13.1  All air conditioners shall be maintained in a safe mechanical and electrical condition and shall not adversely affect areas beyond the limits of the property by reason of noise or condensation drainage.

 

SECTION 5

 

STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS

 

5.1       Cleanliness

 

5.1.1    Every floor, wall, ceiling and fixture in any building shall be maintained in a clean and sanitary condition, and the building shall be kept free from rubbish, debris or conditions which constitute a fire, accident or health hazard.

 

5.2       Water

 

5.2.1    Every dwelling unit, commercial, institutional or industrial building shall be  provided with an adequate supply of drinkable running water from a source approved by the Medical Officer of Health.

 

5.2.2    Every sink, washbasin, bathtub, or shower required by this by-law shall have an  adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less that 43 degrees celcius (1100 f).

 

5.2.3    Adequate running water shall be supplied to every water closet.

  

5.3       Plumbing

 

5.3.1    Sewage shall be discharged into the sewerage system or a system approved by the                         Eastern Ontario Health Unit.

 

5.3.2    All plumbing, drain pipes, water pipes and plumbing fixtures in every building                   and every connecting line to the sewage system shall be maintained in good working order and be protected from freezing.

 

5.3.3    The plumbing system shall provide satisfactory hot and cold water supply,                                     drainage, venting and  operation of fixtures.

 

 5.3.4    Every water heater shall have sufficient capacity to provide an adequate supply of                         hot water at all times in all parts of every building, dwelling unit, or shared                         facility.

 

5.3.5    All plumbing fixtures and piping shall conform to all Federal and Provincial                       legislation and regulations and to Municipal By-laws.

 

 

5.4       Toilet, Kitchen and Bathroom Facilities

 

            5.4.1    Every dwelling unit except as provided in subsection 5.4.2 hereof, shall contain                 plumbing fixtures consisting of at least:

 

  (a)      water closet,

  (b)      a kitchen sink,

  (c)      a washbasin,

  (d)     a bathtub or shower

 

            5.4.2    The occupants of not more than two dwelling units may share a water closet,                     washbasin and bathtub or shower, provided:

 

  (a)      not more than a total of eight persons occupy both dwelling units,

  (b)      access to the fixtures can be gained without going through rooms of another dwelling unit or outside the dwelling.

 

 5.4.3    In a rooming house there shall be a water closet, washbasin and bathtub or shower  for not more than eight persons and these facilities shall be located on the same  storey as, or on the next storey up or down from the storey on which the room    or dwelling unit is located.           

  5.4.4    Every Commercial, Institutional and Industrial building shall contain plumbing  fixtures in accordance with the appropriate Provincial legislation.

 

5.4.5    All bathrooms and toilet rooms shall be located within and be accessible from within the building which it serves, unless otherwise approved by the MedicalOfficer of Health.

 

5.4.6    All bathrooms and toilet rooms shall be fully enclosed and have a door capable of  being locked so as to provide privacy for the occupant.

 

5.4.7    Where practical a washbasin shall be located in the same room as the water closet.

 

 5.4.8    No facilities for the preparation, cooking, storage or consumption of food or for  Sleeping shall be within a room that contains a toilet.

 

5.5       Kitchens

 

5.5.1    Every kitchen area shall be equipped with a sink served with hot and cold running water, storage facilities and counter top work area and space shall be provided for a stove and a refrigerator.

 

 5.5.2    The back splash and counter top around the kitchen sink shall have an impervious  surface.

 

 5.5.3    Every kitchen shall be provided with an adequate and  approved gas or electrical supply for cooking purposes and there shall be at least 76 centimetres clear space above any exposed cooking surface.

 

5.6       Garbage, Refuse Storage Rooms and Chutes

 

  5.6.1    Where garbage, refuse storage rooms and chutes are provided they shall be in conformity with the Ontario Building Code as amended from time to time, and maintained in a clean and sanitary condition.

 

5.7       Heating System

 

  5.7.1    Every dwelling and/or dwelling units shall be provided with a suitable heating  system capable of maintaining a room temperature of 21 degrees Celsius and not less than 16 degrees Celsius. In an unfinished basement or clear crawl spaces no heat is needed.

 

5.7.2    The heating system required by Section 5.7.1 shall be maintained in good working   condition so as to be capable of heating the dwelling safely to the  required standard.

 

 5.7.3    No heating appliance or device shall be located closer than 60 centimetres to any combustible material unless protected, nor placed so as to impede the free movement of persons within the room where it is located.

 

 5.7.4    A space that contains a heating unit shall have natural or mechanical means of supplying air in such quantities to provide adequate combustion.

 

 5.7.5    Where a heating system, or part of it, or any auxiliary heating system, burns solid or liquid fuel, a space or receptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free          from fire or accident hazards.

 

5.7.6    All fuel burning appliances, equipment, and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method.

 

 5.7.7    Every chimney, smoke pipe and flue shall be maintained so as to prevent gas from leaking into the dwelling.

 

5.7.8    All flues shall be kept clear of obstructions, all open joints shall be sealed and all broken and loose masonry shall be repaired.

 5.7.9    Fireplaces and similar construction used or intended to be used for burning fuels in open fires shall be connected to an approved chimneys and shall be installed  so as not to create a fire hazard to nearby or adjacent combustible materials and        structural members.

 

5.7.10  Auxiliary heaters shall not be used as a primary source of heat.

 

 5.7.11  In multiple dwelling provided with a central heating system, the heating unit shall be located in a separate room having walls, ceilings and doors all of which shall have the appropriate fire resistance  rating as required by the Ontario Building Code.

 

 5.7.12  In all commercial, institutional or industrial buildings provided with a fuel fired appliance, the said fuel fired appliance shall be located in a separate room, having walls, ceiling, and doors, all of which have the appropriate fire resistance rating as required by  the Ontario Building Code.

 

 5.7.13  An adequate supply of fuel shall be available at all times.

 5.8       Electrical Service

 

 5.8.1    Electrical installations, including the service capacity of the installation and the  number and distribution of circuits, shall conform to the  Ontario Electrical Safety  Code made pursuant to the Power Commission Act of Ontario, as amended from time to time.

 

 5.8.2    Every habitable room, except for a kitchen, shall contain at least one electrical duplex convenience outlet. There shall be an additional duplex convenience outlet  for each 9.3 square metres of  floor area in excess of 11.1 square meters.

 

 5.8.3    Every kitchen shall have at least two electrical duplex convenience outlets, which   shall be on separate circuits. One such outlet shall be provided over the counter top work surface and one shall be provided at  the refrigerator space. In addition, an outlet shall be provided in a dining area forming part of a kitchen.

 

5.8.4    Fuses or overload devices shall not exceed limits set  by the Hydro Electric Power  Commission of Ontario.

 

5.8.5    An electrical permanent light fixture shall be installed in every bathroom, toilet room, laundry room, furnace room, kitchen, hallway, basement, cellar and non-habitable work or storage room.

 

5.8.6    Extension cords shall not be permitted on a permanent basis.

 

 5.8.7    The electrical wiring and all electrical fixtures located or used in any building shall be installed and maintained in good working order and in conformity with the  regulations of the Hydro Electric Power Commission of Ontario, as amended.

 

5.8.8    The electrical wiring and all equipment and appliances shall be installed and  maintained in good working order so as not to cause a fire or electrical shock or other hazard.

 

5.9       Light

 

5.9.1    Every habitable room, except for a kitchen, shall  have a window or windows, skylights or translucent panels that face directly outside at least 15 centimetres above the adjoining finished grade with an unobstructed light transmitting area of   not less than ten percent of the floor area of such rooms. The glass area of a sash door may be considered as a  portion of the required window area.

 

5.9.2    Every public hall and stair in all buildings shall be illuminated at all times so as to  provide safe passage.

 

5.9.3    Every stairway, halls, cellar and basement, and every  laundry, furnace and non-      habitable work room in a dwelling shall have a permanently installed artificial         lighting fixture that shall be maintained in good working order.

 

5.10     Ventilation

 

 5.10.1  Every habitable room in a dwelling unit, including kitchens, bathroom or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28 square metres (3 sq. ft.), or an approved system of mechanical ventilation that would provide the adequate hourly air exchanges.

 

5.10.2  Openings for natural ventilation may be omitted from a kitchen, living room or living-dining room, basement, cellar and crawl space if mechanical ventilation is     provided which changes the air once every hour.

 5.10.3  All system of mechanical ventilation or air  conditioning shall be maintained in       good working order.

5.10.4  Every basement, cellar, and unheated crawl space shall be adequately vented to        the outside air by means of screened windows which can be opened or by louvres   with screened openings if no mechanical ventilation is provided.

            

5.11     Fire escapes, alarms and detectors

 

5.11.1  A listed fire alarm and a fire detection system, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, shall be provided by the owners of buildings of residential occupancies when sleeping accommodations are provided where a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms. 

5.11.2  In addition to the provisions of subsection 5.11.1 hereof, in every dwelling unit in a building, a listed smoke alarm, approved by the Canadian Standards Association or Underwriters Laboratories of Canada, or detectors of the single station alarm type, audible within bedrooms when interconnecting doors are closed, shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit, such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detector referred to shall;

 

(a)        be equipped with visual or audio indication that they are in operating condition; and

 

(b)        be mounted on the ceiling or on the wall between 15 and 30 centimeters (6 to 12 inches) below the ceiling

  

  SECTION 6

 

  OCCUPANCY STANDARDS FOR DWELLINGS

 

6.1       The number of occupants, residing on a permanent basis in a individual dwelling unit, shall not exceed one person for every nine square metres (97 sq. ft), of habitable floor area. For the purpose of computing habitable floor area, any area with the minimum ceiling height less than 2.1 metres (7 ft.) shall not be considered.

 

6.2       No room shall be used for sleeping purposes unless it has a minimum width of two metres (6.6 ft.), and no floor area of at least seven square metres (75 sq.ft.). A room used for sleeping purposes by two or more persons shall have a floor area of at least four square metres (43 sq.ft) per person. 

 

6.3       Any basement, or portion thereof, used as a dwelling unit shall conform to the following requirements:

 

(a)        each habitable room shall comply with all the requirements set out in this By-law;

 

(b)        floors and walls shall be constructed so as to be damp proof  and impervious to water leakage;

 

(c)        each habitable room shall be separated from service rooms by a suitable fire separation and approved under the Ontario building Code;

 

(d)       access to each habitable room shall be gained without passage through a service room.

 

SECTION 7

 

  VACANT LANDS AND BUILDINGS

 

7.1       All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable.

 

7.2       VACANT LANDS

 

 7.2.1    Vacant land shall be maintained to the standards set out in Section 3, subsection 3.02, of this By-Law.

 

  7.2.2    Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water.

 

7.3       VACANT BUILDINGS

 

7.3.1    Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property.

 

7.3.2    The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood securely fastened to the building and painted a colour compatible with the surrounding walls. 

 

SECTION 8

ADMINISTRATION AND ENFORCEMENT 

8.1       This By-Law shall apply to all property within the limits of the Township of Alfred and Plantagenet.

 

8.2       The imperial measurements contained in this By-Law are given for reference only.

 

8.3       OFFICERS

 

8.3.1    The Council of the municipality shall appoint a Property Standards Officers (s) to be responsible for the administration and enforcement of this By-Law.

  

8.4       PROPERTY STANDARDS COMMITTEE

 

8.4.1  Council shall appoint, by resolution no fewer than three (3) persons of the municipality to the Property Standards Committee for a term of office concurrent with Council.

 

8.4.2    Every person who initiates an appeal of an Order made under section 15.2 (2) of the Ontario Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in the time frame and the manner as prescribed in section 15.3 (1) of the Act. 

8.5       COMPLIANCE

8.5.1    The owner of any property which does not conform to the standards as set out in this By-Law shall repair and/or maintain said property to comply with the standards or the property shall be cleared of all buildings, structures, debris or refuse and left in a levelled and graded condition.

  

8.6       VALIDITY

 

8.6.1    If an article of this By-Law is for any reason held to be invalid, the remaining articles shall remain in effect until repealed.

 

8.6.2    Where a provision of this By-Law conflicts with the provision of another By-Law in force within the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

 

8.7       TRANSITIONAL RULES

 8.7.1    After the date of the passing of this By-Law, it shall not apply to those properties in which an Order to Comply has been issued prior to the date of passing of this By-Law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order, including any demolition, clearance, or repair carried out by the municipality shall have been concluded.

 

8.8       ISSUANCE OF COMPLIANCE CERTIFICATE

 

8.8.1    Following the inspection of a property, the officer may, or upon request from the owner shall, issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this By-law.

8.8.2    If a certificate of compliance is issued at the request of the owner, the owner shall pay a fee of ($50.00) fifty dollars. 

 

 SECTION 9

 

 AUTHORITY

9.1   This By-law shall be read subject to The Building Code Act, S.O., 1992, c23,  as amended from time to time, and whenever the provisions of this By-law conflict or are otherwise inconsistent with provisions of The Building Code Act, the provisions of The Building Code Act shall be deemed to be incorporated in this By-law.

9.2  That By-law 55-86 of the former Township of Alfred, By-law 354-87 of the former village of Alfred, By-law no.83-140 of the former Township of North Plantagenet, By-law no. 86-8 of former village of Plantagenet are hereby repealed.

 

9.3  This By-law shall come into force on the date it is passed by the Council of the Corporation of the Township of Alfred and Plantagenet.

  

Read a First, Second and Third time and finally passed this 9th day of July 2001.

 

 

___________________________________________         

Mayor, Jean-Claude Trottier

 

___________________________________________

Clerk, 

SUMMER WATERING 
BY-LAW NUMBER 2009-39 AS AMENDED BY BY-LAW 2011-58

Being a By-law to regulate water consumption during the summer months for wards 1, 2, 3,AND 4.
(VILLAGE OF LEFAIVRE, WENDOVER, TOWNSHIP AND VILLAGE OF ALFRED AND VILLAGE OF PLANTAGENET. )
WHEREAS under Section 11 of the Municipal Act 2001 a municipality may pass by-laws respecting matter within the sphere of jurisdictionof Public utilities, and Public Utilities includes a system that is used to provide water services for the public.

AND WHEREAS the Corporation of the Township of Alfred and Plantagenet is desirous of regulating water consumption during the summer months pursuant to the provisions of the said Act.

NOW THEREFORE be it enacted as follows:

No person shall use or allow to be used water at any time between June 1st and September 30th in any year outside of any building within Ward 1, 2 and 3 that are serviced by municipal water systems except as hereinafter provided:

Residents odd numbered buildings shall be permitted to water lawns and gardens on odd numbered days between the hours of 7:00 p.m. and 10:00 p.m.

Residents even numbered buildings shall be permitted to water lawns and gardens on even days between the hours of 7:00 p.m. and 10:00 p.m.

Every persons who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.

When a person has been convicted of an offence under this by-law, the County Court of the County of Prescott and Russell, or 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.

THAT by-law number 86-97 and 46-2002 to regulate water consumption be and is hereby repealed.

READ A FIRST, SECOND AND THIRD TIME and duly enacted this 4th day of May 2009.

Jean-Yves Lalonde
Mayor

Marc Daigneault
Clerk

 

SWIMMING POOL ENCLOSURES 
BY-LAW NUMBER 2005-69 (As amended by By-law number 2006-53)

BEING A BY-LAW of the Corporation of the Township of Alfred and Plantagenet respecting the enclosure for privately-owned outdoor swimming pools.

WHEREAS Section 11 of the Municipal Act, 2001, provides that the council of a municipality may pass by-laws respecting structures, including fences and signs;

AND WHEREAS, the Corporation of the Township of Alfred and Plantagenet deems it desirable to require owners of privately-owned outdoor swimming pools to erect and maintain fences and gates around such swimming pools, for describing the height and description thereof, and the manner for erecting and maintaining such fences and gates, for prohibiting persons from placing water in privately-owned outdoor swimming pools or allowing water to remain therein unless the prescribed fences and gates have been erected;

NOW THEREFORE the Council of the Township of Alfred and Plantagenet enacts as follows:

SHORT TITLE

1. This by-law may be cited as the "Swimming Pool Enclosure By-Law".

DEFINITIONS

2. In this by-law:

(a) "Township" shall mean The Township of Alfred and Plantagenet;

(b) "Permit" shall mean permission or authorization given in writing by the Chief Building Official to erect enclosures around swimming pools as regulated in this by-law;

(c) "Swimming Pool"shall mean any privately-owned outdoor below grade or above ground pool of water for bathing, wading or reflecting and which has a water depth potential exceeding 610 millimetres (24 inches) at any point;

(d) "Owner" shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property;

(e) "Chief Building Official" shall mean the Chief Building Official appointed by the Council of the Corporation of the Township of Alfred and Plantagenet, or his or her authorized subordinates or assistants;

(f) "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet.

(g) "Municipal Law Enforcement Officer" shall mean a Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet;

GENERAL REQUIREMENTS

3. Every owner of a privately-owned outdoor swimming pool shall ensure that an enclosure around such a pool is constructed and maintained according to the provisions of this by-law.

4. No person shall place water in a swimming pool in the Township unless the prescribed fences and gates or, for a maximum period of thirty days, a temporary fence as approved by the Chief Building Official have been erected in accordance with provisions of this by-law.

5. No person shall allow water to remain in a swimming pool in the Township unless the prescribed fences and gates or temporary fence has been erected in accordance with the provisions of this by-law.

PERMITS

6. No person shall construct or place a swimming pool on his property in the Township without first obtaining a swimming pool enclosure permit.

APPLICATION FOR PERMIT

7. To obtain a permit the owner shall file an application in writing by completing a prescribed form available in the office of the Chief Building Official.

8. Except as otherwise permitted by the Chief Building Official, every applicant shall:

(a) identify and describe in detail the work to be covered by the permit for which an application is made,

(b) describe the land on which the pool is to be located by a description that will readily identify and locate the building lot,

(c) be accompanied by two (2) complete sets of plans showing details of the enclosure as well as its relationship to lot lines, buildings and fences,

(d) be accompanied by the fee as prescribed in Section 11 hereof, and

(e) state the names, addresses and telephone numbers of the owner and the contractor performing the work.

9. An application for a permit may be deemed to have been abandoned and cancelled six (6) months after the dat of filing, unless such application is being seriously proceeded with.

10. Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed work will comply with this by-law or any other applicable law or regulation.

11. The fee for a swimming pool permit shall be according to Schedule "A" of the Building Permit By-law Number 2006-44.

LAWFULLY EXISTING POOLS

12. Owners of swimming pools that were lawfully installed under municipal regulations prior to the date of the passing of this By-law will be exempt from paying the permit fee and will have a period of 90 days from the date of the passing of this By-law to comply with Sections 3, 4 and 5 of this By-law.

CONDITIONS OF PERMIT ISSUANCE

13. (1) Every swimming pool shall have an adequate enclosure erected around it in accordance with the provisions of subsection (2) to subsection (5) hereof inclusive.

(2) Every enclosure for a swimming pool shall be;

(a) at least 1.2 metres in height, and

(b) of a close-boarded, chain link or other approved design, to reasonably deter children from climbing it to gain access to the fenced-in area.

(3) Gates in the enclosure shall;

(a) provide protection equivalent to the enclosure,

(b) be equipped with a self-closing and latching device at the upper inside of the gate, and

(c) be closed except when the enclosed area is actually being used and supervised.

(4) Barbed wire or fencing energized by electrical current shall not be used as an enclosure for the swimming pool.

(5) Where a wall of a building is used as part of an enclosure, all doors located in the wall of the building shall be equipped with self-latching and locking devices.

(6) In the case of an above ground pool over 1.2 metres, the pool walls may be considered as enclosure, but the access and any decks must be adequately enclosed in accordance with subsections (2) to (5) hereof inclusive

14. There shall be a minimum distance of four (4) feet between the enclosure and any part of a below grade swimming pool unless approved otherwise by the Chief Building Official.

15. When an enclosure is not erected or maintained, in accordance with the provisions of this by-law, a notice shall be sent by registered mail or by hand to the owner of the land on which the swimming pool is located, at his last known address requiring him to make the enclosure conform to the requirements of this by-law and the notice shall specify a minimum time of 30 days for compliance.

16. (1) Where a notice has been sent pursuant to Section 14, and the requirements of the notice, have not been complied with, the Chief Building Official may cause the work to be done, or the water to be removed from the swimming pool and the cost of the work or the removal of the water shall be a the expense of the owner.

(2) When the Chief Building Official causes the work to be done pursuant to subsection (1), the Corporation shall have a lien for any amount expended by or on behalf of the Corporation and for administrative fee of ten (10%) percent of any amount expended by or on behalf of the Corporation, and the certificate of the clerk of the Corporation as to the total amount expended shall be admissible in evidence as prima facie proof of the total amount expended and such total amount together with the administrative fee shall be added to the collector's roll of taxes to be collected and shall be subject to the same penalty and interest charges as real property taxes and shall be collected in like manner and with the same remedies as real property taxes.

(3) Before the certificate of the clerk of the Corporation is issued under subsection (2), an interim certificate shall be delivered to the owner of the property that is subject to the lien, as well as to all prior mortgagees or other encumbrances and the affected owner, mortgagees or other encumbrancers shall have (2) two weeks from the date of receipt of the interim certificate to appeal the amount shown thereon to the council of the Corporation.

PENALTIES

17. The provisions of this By-law shall be enforced by the Municipal Law Enforcement Officer.

18. Every person who contravenes any of the provisions of this by-law is guilty of an offence and on conviction thereof shall forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.

19. 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 of the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

20. The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.

21. By-Law 75-97 is hereby repealed.

22. This by-law shall come into force and take effect on the date of its adoption.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF DECEMBER, 2005.

Jean-Yves Lalonde, Mayor

Diane Thauvette, Clerk-Treasurer

 

TARIFF OF FEES - PLANNING, By-Law 2016-95

The updated list of fees for planning matters is contained in By-Law 2016-95.

TEMPOS

BY-LAW NO. 2014-42

BEING a by-law to regulate the erection of temporary structures, commonly known as "Tempo Garages".

WHEREAS Section 128 (1) of the Municipal Act, S.O. 2001, Chapter 25 does authorize a municipality to pass by-laws with respect to Public Nuisance.

AND WHEREAS Section 427 of the Municipal Act, S.O. 2001, Chapter 25 does authorize a municipality to enter onto lands and undertake work to be done at the expense of a person and assign the costs to the tax rolls and collecting the costs in the same manner as taxes.

AND WHEREAS the Council does believe the proliferation of temporary storage structures made of plastic and metal or similar materials to be a detriment to the streetscapes and a visual nuisance.

AND NOTWITHSTANDING the functional nature of these structures, the Council of the Corporation of the Township of Alfred and Plantagenet does believe a level of control should be placed on the installation of these structures in order to achieve a balance between function and the impact on the visual nature of the municipality.

NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Alfred and Plantagenet does enact as follows that:

1.0 DEFINITIONS:

In this By-Law:

a. "Council" means the Council of the Corporation of the Township of Alfred and Plantagenet.

b. "Chief Building Official" means the agent or employee appointed by the Township of Alfred and Plantagenet to enforce the provisions of the Building Code Act or any other by-law of the Township, and includes employees acting under his/her direction.

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

d. "Person" means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being of the male or female gender;

e. "Sight Triangle" means a triangular space, 6 meters by 6 meters, free of buildings, structures and obstructions, formed by the street lines abutting a corner lot and a third line drawn from a point on a street line to another point on a street line, each such point being the required sight distance from the point of intersection of the street lines as specified in this by-law.

f. "Temporary storage structure" means any manufactured structure kit fabricated of plastic and metal or treated fabric and metal or any structure that is erected for the purpose of providing a tarp type roof cover and, or including side wall panels over goods, materials, motor vehicles or leisure vehicles.

g. "Township" means the Corporation of the Township of Alfred and Plantagenet.

h. "Yard" Means a space, appurtenant to a building or structure, located on the same lot as the building or structures, open, uncovered and unoccupied from the ground to the sky except for accessory buildings, structures or uses specifically permitted by this by-law.

i. "Yard, Front" Means the space extending across the full width of the lot between the front lot line and the nearest part of any main building or structure on the lot.

j. "Yard, Rear" Means the space extending across the full width of the lot between the rear lot line and the nearest part of any main building or structure on the lot.

k. "Yard, Side" Means a yard extending from the front yard to the rear yard between the side lot line and the side wall of the main building or main structure.

l. "Yard, Side - Exterior" Means a yard extending from the front yard to the rear yard between the exterior side lot line and the side wall of the main building or main structure.

m. "Yard, Side - Interior" Means a yard extending from the front yard to the rear yard between the interior side lot line and the side wall of the main building or main structure.

2.0 GENERAL PROHIBITIONS

Temporary storage structures as defined under this By-law shall be permitted in a residential zone and the following provisions shall apply:

2.1 No person shall erect temporary storage structures closer than 1.5 meters to any front lot line, shall not be located closer than 1.2 meters to any interior side lot line and 2.0 meters to any exterior side lot line and shall not exceed 4 meters in height.

2.2 No person shall erect temporary storage structures within the sight triangle.

2.3 The owner or occupant of an occupied building or the owner of an unoccupied building or vacant land within the limits of the Township shall not erect temporary storage structures for permanent storage.

2.4 No person shall erect temporary storage structures prior to October 15th of any given year in the front yard, side yard or part thereof.

2.5 No person shall have temporary storage structures erected after April 30th of any given year in the front yard, side yard or part thereof.

2.6 No person shall erect or maintain temporary storage structures in a manner deemed unsafe or create hazard conditions.

2.7 No person shall keep temporary storage structures or any part of it in such condition as to be damaged or dilapidated or out of character with the neighboring properties.

2.8 No permit is required for temporary storage structures if they are located in the rear yard between October 15th and April 30th of any given year.

2.9 A permit is required for temporary storage structures if they are located in the rear yard between April 30th and October 15th of any given year.

3.0 EXEMPTIONS

3.1 Exemptions to this By-law may be considered on an individual basis; only if a building permit application has been filed, approved and a permit issued by the Chief Building Official for the Corporation of the Township of Alfred and Plantagenet.

4.0 ENFORCEMENT AND PENALTIES

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

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

4.3 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 Township of Alfred and Plantagenet may, upon such notice as he deems suitable, remove the temporary storage structure or 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.

4.4 Where any matter or material is removed in accordance with Section 4.3, it may be immediately disposed of by the Municipal Law Enforcement Officer.

4.5 The removal of structures by the municipality shall not relieve any person from liability for the penalty for breach of any of the provisions herein, or for further compliance with any of the provisions herein contained.

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

5.0 BY-LAW IN FORCE

5.1 This By-law shall come into force and take effect on the day it is duly adopted by the Council of the Corporation.

READ A FIRST, SECOND AND THIRD TIME and duly passed in open council this 16th day of June, 2014.

______________________________________

Jean-Yves Lalonde, Mayor

______________________________________

Marc Daigneault, Clerk

 
WASTE MANAGEMENT 

BY-LAW NUMBER 2009-55, Consolidated March, 2016

BEING A BY-LAW of the Corporation of the Township of Alfred and Plantagenet to provide for the operation of municipal landfill sites, to establish tipping fees, to provide for curbside pick-up of waste and recycling, to recover the cost of providing the pick-up and to regulate the manner and amount of waste being disposed of at the landfill sites.

WHEREAS Section 11 (3) 3 of the Municipal Act 2001, provides that municipalities may, by by-law, establish, maintain and operate a waste management system.

WHEREAS Section 391 of the Municipal Act, 2001, authorizes a municipality to impose fees or charges on persons for services or activities provided or done by or on behalf of it;

THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1.1 Definitions

In this By-law :

(a) "Municipality" means the Corporation of the Township of Alfred and Plantagenet;

(b) "Container" shall mean a receptacle for ashes, household garbage or other waste having a height of not more than 91.4 cm (36") and

i) in the case of a cylindrical receptacle, a diameter of not more than 61 cm (24"), and

ii) in the case of a square or rectangular receptacle, no side more than 91.4 cm (36") in length;

(c) "Collector" shall mean the Corporation of the Township of Alfred and Plantagenet or such person as is designated Collector by the said Corporation;

(d) "Waste" shall mean ashes, garbage, refuse, domestic, or commercial waste of any kind including waste within the meaning of Section 25 of the Environmental Protection Act c.E19, R.S.O. 1990, as amended, save and except the following:

1) trade waste

2) demolition waste

3) explosive or highly combustible material of any nature including propane and gas tanks

4) corrosive or toxic material

5) any carcasses of animal, or part thereof

6) liquid waste

7) any hazardous substance (including Chlorofluorocarbon) and petroleum products.

8) waste of any nature and kind as is prohibited for disposal at the site by reason of the provisional Certificates of Approval No. A470903, A 471701 and A 470904 as amended

9) any substance prohibited by this or other Township by-law and includes grass clippings and leaves and recyclable material as defined in section 3.13.

(e) "Trade Waste" includes ashes, garbage and refuse which would normally accumulate in a shop, factory, store, restaurant, hotel, motel, motor hotel, office building, public building and other place of business, but shall not include weighty or bulky articles such as automobile parts, tires, stoves, furnaces, bed springs, mattresses, furniture, boxes, barrels, trees, earth, stones, water or fuel tanks, waste from demolished buildings or construction projects or recyclable refuse;

(f) "Construction and demolition waste" means plaster, ashes, concrete debris, bricks, shingles and other waste residue resulting from building alterations or demolition operations, with the exception of those materials which would normally accumulate at a dwelling.

(g) "Bag" shall mean a plastic bag, securely fastened and closed at the top.

(h) "Compostable waste" includes grass cuttings, garden refuse, leaves, kitchen and table waste of vegetable origin and all other material which is generally accepted to be compostable, including hedge clippings, branches of a diameter smaller than 50 mm and Christmas trees.

(i) "Dumpster" means a metal container for the use of securing garbage and must be compatible with the garbage truck.

(j) "Hazardous material" shall include the following: ammunition, antifreeze, auto batteries, brake fluid, degreasers, drain cleaner, gasoline, herbicides, oven cleaner, paints, pesticides, preservatives, septic tank cleaners, solvents, waste oil or any other substances identified as such by the Minister of the Environment.

2.0 Administration

2.1 Every person who is:

(a) the occupier of a dwelling unit; or

(b) the owner or person in charge of buildings and/or premises of commercial, institutional, farm, industrial or other places of business within the Township of Alfred and Plantagenet;

may place waste and trade waste for collection by the collector.

3.0 Collection

3.1.a) Household waste, trade waste and other waste shall be collected once in every seven (7) days from each dwelling, building or premises entitled to such service in accordance with the provisions of this by-law, except when a normal collection day falls on a holiday as provided herein.

3.1.b) All commercial outlets that benefit of a second weekly collection shall be invoiced the actual amount charged by the contractor, which amount shall be payable in one lump sum by March 31st of each year.

3.2 Where any day upon which the collection and removal of ashes, garbage or other waste is scheduled to take place falls on a holiday the next day following the holiday shall be deemed for all purposes of this By-law to be the day scheduled.

3.3 No person referred to in Section 2.1 may place ashes, garbage or waste for collection by the Collector unless,

(a) in the case of ashes, they are cold and placed in a container separate from all other garbage and other refuse,

(b) in the case of garbage, all water and excess liquid is drained therefrom and disposed of by the person in charge, as required under the appropriate environmental regulations,

(c) in the case of refuse, other than ashes or garbage, it is placed in containers or in bundles that are securely tied to facilitate collection thereof; and

(d) the content of each container or bundle in which ashes, garbage or other refuse is placed, weighs less than 22.7 kg (50 lbs).

3.4 No person may place for collection by the Collector a container that when empty weighs in excess of 4.54 kg (ten lbs).

3.5 No person may place for collection by the Collector a bundle that is more than 1.22 m (4 ft) in length, width or height.

3.6 No person identified in Section 2.1 (a) may place for collection on any one day containers and bundles exceeding the equivalent of 5 standard bags in number and no person identified in Section 2.1 (b) may place containers and bundles exceeding the equivalent of ten standard bags in number.

3.7 The Collector may enter into separate agreements for the collection of trade waste other than is provided in this Agreement and from locations other than those provided in the Agreement on such terms as he may consider proper, provided that the Corporation of the Township of Alfred and Plantagenet shall not be responsible for any loss or damage however incurred or occasioned by the collector in the course of performing such additional agreements. Such agreements however must meet the intent of this By-Law (location, hazardous material, etc.)

3.8 The owner or person in charge of each hotel, apartment building or other building in which more than two families reside shall provide sufficient containers for the use of all families residing therein.

3.9 No person shall place ashes, household garbage or other refuse for collection by the Collector more than twenty-four (24) hours before the commencement of the day on which the ashes, household garbage or other waste is scheduled to be collected.

3.10 Every person who is the occupier of a dwelling unit or the owner or person in charge of buildings and/or premises of commercial, institutional, farm, industrial or other places of business within the Township of Alfred and Plantagenet; who places ashes, household garbage or other refuse for collection by the Collector shall place the ashes, household garbage or other waste at the front of the building which he occupies or on which his business is carried on and not more than 4.57 m (15 ft) from the travelled portion of the street or highway passing in front of the building and the waste placed out for collection must be at ground level, and in an easily accessible location, by 7:00 a.m. on the day upon which the collection is scheduled to take place.

3.11 Subsection 3.10 does not apply in any case where an owner or person referred to in Section 2.1 makes an agreement with the Collector whereby the requirements of that Section are altered.

3.12 "Non-collectable waste

No person shall place for collection or cause to be placed for collection:

(a) explosive or highly combustible material of any nature

(b) corrosive or toxic material

(c) plaster, ashes or other waste residue resulting from building alterations or demolition operations

(d) carcasses or parts thereof of animal

(e) any liquid wastes

(f) pathological waste

(g) any hazardous waste as defined in the regulations to the Environmental Protection Act, R.S.O. 1990, chapter E.19, as amended from time to time

(h) waste of any nature and kind as is prohibited for disposal at the sites by reason of the provisional Certificates of Approval

(i) faeces of any dog, cat or fowl that is not normally accumulated in a litter box situated in a dwelling

(j) grass clippings and leaves, branches and trees

(k) bio-medical waste

(l) automobiles, vehicles or any part thereof

(m) fences, fence posts, fence wire

(n) propane, fuel or gas tanks

(o) wood, unless nails have been removed or flattened and unless it is placed in bundles as defined in Section 3.5

(p) construction and demolition waste

(q) sawdust and/or shavings

(r) hay, straw and manure compostable waste and recyclable material defined in Section 3.13 hereunder."

3.13 Notwithstanding section

(s) compostable waste

and recyclable material defined in Section 3.13 hereunder.'

3.13 Notwithstanding section 3.12 (l) above, the following recyclable material shall be placed for collection in the blue boxes or as indicated hereunder. ALL CONTAINERS MUST BE CLEAN.

GLASS BOTTLES AND JARS

All glass food and beverage containers. Rinse containers. DO NOT INCLUDE: others types of glass, such as dishes, window panes, light bulbs and mirrors.

FOOD AND BEVERAGE CANS

Rinse aluminium and steel cans. DO NOT INCLUDE: frozen juice cans (unless all metal), metal pots or other metal products.

NEWSPAPER AND INSERTS

Tie or place in a brown bag, all newspapers, flyers, catalogues, magazines, telephone books and photo copy paper covers. Place these on top of or beside your blue box.

CONTAINERS (PET) # 1 (code located on bottom of container)

Plastic soft drink or juice containers. Remove and discard tops and rinse containers.

PLASTIC CONTAINERS # 2 (code located on bottom of container)

Javex, fabric softener, spring water and juice containers. Remove and discard tops and rinse containers. Place loosely in blue box . DO NOT INCLUDE: oil and toxic product containers, foam plates and cups, drink boxes, plastic film or plastic tops.

CORRUGATED CARDBOARD

Flatten boxes and tie in a bundle. Bundles may be placed on top or beside blue box. Bundles should be no longer than 24 inches long, 24 inches wide and 6 inches high. If not done this way, cardboard will be left behind.

BOX BOARD

Flatten cereal boxes, soap boxes, rice boxes, etc. These must be clean, empty, free of all plastics and metal bands and tied up in bundles.

BROWN PAPER BAGS FINE PAPER

Fine paper, office, computer and coloured paper, envelopes and note pad paper.

ALUMINIUM TRAYS & FOIL

Include clean rigid foil containers such as pie plates, fast foods trays, etc. Aluminium foil paper is also acceptable. DO NOT INCLUDE: aluminium trays or foil soiled with food scraps or grease. No foil with paper or plastic lamination, no butter, candy, cigarette wrapping or yogourt lids. No metal plastic chip boxes.

3.14 Troublesome Dog

Collection may be refused to any person known to have a troublesome dog on the premises, unless such dog is safely secured at a reasonable distance away from the location of the garbage receptacle.

3.15 (a) The Township shall provide one bulk waste collection annually.  This collection shall be reserved for waste which would not normally be collected during a regular collection under this by-law and includes waste of a bulky nature, white goods such as refrigerant equipment that is clearly tagged by "a technician who possesses an Ozone Depletion Prevention (ODP) card" and indicating that the equipment has been purged of its refrigerant, stoves, dishwashers, washing machines, dryers and other such items.  No hazardous substance or any other waste described in Section 3.12 of this by-law will be collected.  No person identified in Section 2.1 (a) or in Section 2.1 (b) may place for collection on the annual bulk waste collection an amount of garbage exceeding the size of a box of a pick-up truck (6' x 8' x 5').

(b) This service is provided to the persons identified in Section 2.1 (a) at no additional cost and to persons identified in Section 2.1 (b) at an additional cost.  The additional cost shall be set by the Township officials on an annual basis and will be available by request at the Township office. The owner or person in charge of each hotel, apartment building or other building in which more than two families reside shall provide an appropriate container for the use of all families residing therein.

(c) Nothing in this by-law restricts the Township from entering into agreements for the collection of waste with any other person not identified in this By-law.  Persons identified in Section 2.1 (a) may, at their option, directly dispose of the above-noted bulk waste at the landfill site during the hours established by the municipality, subject to the rules and regulations provided in this by-law and those posted at the landfill site. 

3.16 The Township shall impose a user fee for the disposal of certain material brought to the landfill site by any person identified in Section 2.1. The types of material and the corresponding user fees are shown on Schedule "A", which is attached and forms part of this by-law. However, in order to minimize the financial burden on owners of residences destroyed by fire, owners who do not have any house insurance will be allowed to dispose of the debris at the landfill sites at no charge, during the regular hours of operation. The affected owners must sign a declaration to this effect in order to obtain an authorization from the municipality to present to the attendant at the landfill site. See special provisions at 3.17 hereunder.

3.17 (a) On the last Saturday of each month, a $5.00 user fee will be charged to each vehicle.  There will be no tipping fees charged for domestic waste; however, the applicable tipping fees will be charged for any construction and demolition waste.

(b) There shall be no charge for domestic waste coming from within the municipality for the last week (Monday to Friday) of the month of May and the last week (Monday to Friday) of the month of September. Items such as paint, oil, etc. will not be accepted at the site because of the certificate of approval.

  1. All refrigerant equipment (including refrigerators, freezers, air conditioners, etc.) will be refused unless clearly tagged by a technician who possesses an Ozone Depletion Prevention (ODP) card and indicating that the equipment has been purged of its refrigerant. 

3.18 (1) To cover the cost of the recycling program, a monthly rate of $10.00 (totalling $120. yearly) payable in two instalments and added to the final municipal tax billing shall be charged to the owners, householders or occupants of any building in this municipality, including properties identified as RDU (Seasonal Dwelling Unit).

 3.19 The landfill site of the former Township of Alfred shall be used for the residents of ward 1; the landfill site of the former township of North Plantagenet shall be used for the residents of ward 2 and 4 and the landfill site of the former village of Alfred shall be used for ward 3.

 3.20 The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected. 

4.0 Disposal

4.1 Any person or persons carrying or taking waste, ashes or other refuse to the landfill disposal area in an open vehicle of any kind shall at all times have and keep the said garbage, ashes or other refuse covered by a tarpaulin, canvas covering or other suitable covering within a vehicle whose sides extend higher than the content therein in such a manner as to prevent the said garbage, ashes or other refuse from falling upon the streets or highways leading thereto. In the case of a packer type vehicle, the hopper doors should be closed to prevent the scattering of the above mentioned wastes.

4.2 Any person or persons disposing of waste at the landfill site shall obey the rules posted on signs within or near the landfill site and obey all directions given to said person or persons by the guardian or other designated representative responsible for the operation of the landfill site and shall show identification.

4.3 The Township of Alfred and Plantagenet has designated special disposal areas within the sites for metals, tires, wood products. All persons disposing of waste at the site shall segregate their waste so that the appropriate type of waste is deposited at the correct location within the site.

4.3a Compostable waste shall be placed in a backyard composter or placed in paper bags and taken to the municipal waste disposal site, free of charge.

4.4 No waste may be dropped outside the boundaries of the landfill site.

4.5 No person may dispose of waste that was not generated within the Township at the landfill site.

4.6 No person may dispose of trade waste or demolition waste in quantities exceeding one load per week or any single load of over three quarters of a ton at the Township's landfill sites without first obtaining a tipping permit from the Clerk of the Township.

(a) To obtain a tipping permit the applicant must forward a written request to the Township giving adequate details of the quantity, origin and type of waste to allow the Clerk to establish that the disposal is in compliance with this By-law and the Certificates of Approval.

(b) the fee for a tipping permit shall be $ 20.00.

5.0 Penalties

5.1 Every person who contravenes any of the provisions of this by-law shall upon conviction thereof, forfeit, and pay a penalty for each such offence and every such penalty shall be recoverable under the Provincial Offenses Act, R.S.O. 1990, c.P.33 and amendments thereto.

5.2 The imposition of a penalty for a contravention of this by-law shall not excuse the condition or matter resulting in such contravention or permit it to remain or continue, and the person who has contravened the by-law shall rectify any condition or matter resulting therefrom. Nothing herein contained shall in any way modify, affect or derogate from any other remedy available to the Township of Alfred and Plantagenet or any other person, firm or corporation with respect to such contravention.

6.0 Where any by-law passed prior to this by-law conflicts with this by-law, the terms of this by-law prevails.

6.1 This by-law replaces by-law 2009-24.

 

7.0 Effective Date of Term

7.1 This By-law shall come into force and effect on passing thereof.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF AUGUST 2009.

AMENDED BY By-Laws Number 17-2002, 44-2002, 62-2002, 2003-12, 2003-26, 2003-48 and 2006-54, 2011-61, 2014-13, 2015-46, 2015-60 and 2016-25.

 

Schedule A (fee based on volume of garbage)

 

FRAIS AUX USAGERS / TIPPING FEES

 

Véhicule / Vehicle

Pieds cubes

Cubic Feet

Frais

Fee

 

 

Auto/Car

---

$5.00

Remorque / Trailer

Pieds cubes Cubic Feet

Frais

Fee

Mini Van

---

$10.00

6 x 12 x 2

144

$45.00

Camion Pick-Up

Truck

---

$20.00

6 x 12 x 3

216

$65.00

Remorque / Trailer

Pieds cubes

Cubic Feet

Frais

Fee

6 x 12 x 4

288

$86.00

≤ 4 x 8 x 2

64

$20.00

7 x 8 x 2

112

$35.00

4 x 8 x 3

96

$30.00

7 x 8 x 3

168

$50.00

4 x 8 x 4

128

$40.00

7 x 8 x 4

224

$65.00

5 x 6 x 2

60

$20.00

7 x 10 x 2

140

$40.00

5 x 6 x 3

90

$30.00

7 x 10 x 3

210

$65.00

5 x 6 x 4

120

$35.00

7 x 10 x 4

280

$85.00

5 x 7 x 2

70

$20.00

7 x 12 x 2

168

$50.00

5 x 7 x 3

105

$30.00

7 x 12 x 3

252

$75.00

5 x 7 x 4

140

$40.00

7 x 12 x 4

336

$100.00

5 x 8 x 2

80

$25.00

7 x 14 x 2

196

$60.00

5 x 8 x 3

120

$35.00

7 x 14 x 3

294

$90.00

5 x 8 x 4

160

$50.00

7 x 14 x 4

392

$120.00

5 x 10 x 2

100

$30.00

8 x 16 x 2

256

$75.00

5 x 10 x 3

150

$45.00

8 x 16 x 3

384

$115.00

5 x 10 x 4

200

$60.00

8 x 16 x 4

512

$155.00

 6 x 8 x 2

96

$30.00

8 x 18 x 2

288

$85.00

6 x 8 x 3

144

$45.00

8 x 18 x 3

432

$130.00

6 x 8 x 4

192

$60.00

8 x 18 x 4

576

$175.00

6 x 10 x 2

120

$35.00

8 x 20 x 2

320

$95.00

6 x 10 x 3

180

$55.00

8 x 20 x 3

480

$145.00

6 x 10 x 4

240

$70.00

8 x 20 x 4

640

$190.00

Roll-Off

Pieds cubes

Cubic Feet

Frais

Fee

Camions / Trucks

Pieds cubes

Cubic Feet

Frais

Fee

14 verges

378

$115.00

Un essieu

(Single Axel)

320

$95.00

20 verges

540

$160.00

Tandem

640

$190.00

30 verges

810

$245.00

Tri-Axel

800

$240.00

40 verges

1,080

$325.00

 

 

 

 

WHARFS 
BY-LAW NUMBER 2010.80

BEING A BY-LAW of the Corporation of the Township of Alfred-Plantagenet respecting the regulating the use of the facilities at the Municipal Public Wharves.

WHEREAS Section 11 of the Municipal Act, S.O. 2001, Chapter 25, provides that the Council of a municipality may pass by-laws respecting matters within certain spheres of jurisdiction;

AND WHEREAS, the. Corporation of the Township of Alfred and Plantagenet deems it desirable to regulate the use of public wharves;

THEREFORE the Council of the Township of Alfred and Plantagenet enacts as follows:

SHORT TITLE

1. This by-law may be cited as the 'Municipal Public Wharves By-Law'.

DEFINITIONS

2. In this by-law:

(a)'Township' shall mean the Township of Alfred and Plantagenet

(b)'Corporation' shall mean the Corporation of the Township of Alfred and

Plantagenet

(c) 'Vessel' includes every description of ship, boat, craft, floating home or other structure used or capable of being used solely or partly for aquatic navigation without regard to method or lack of propulsion.

(d)'Owner' shall mean the master, operator or person in charge of the vessel;

(e)'Municipal Law Enforcement Officer' shall mean the Municipal Law Enforcement Officer appointed by the Council of the Corporation of the Township of Alfred and Plantagenet.

GENERAL REQUIREMENTS

3. No person Who is the owner or operator of a vessel shall permit the vessel to remain berthed or moored at all public wharves in excess of 1 hour out of a 24 hour period.

4. Where any vessel is in contravention of Section 3 the Municipal Law Enforcement Officer may direct the person appearing to be in charge of the vessel to remove the vessel from the public wharf.

offence and every such penalty shall be recoverable under the Provincial

Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.

7. When a person has been convicted of an offence under this by-law, the County Court of the County of Prescott and Russell, or 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.

8. The requirements of this by-law are severable. If any requirements of this by-law are held invalid, the application of such requirements to other circumstances and the remainder of this by-law shall not be affected.

9. This by-law shall come into force and shall take effect on the date of adoption. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY

OF JULY, 2010.

CORPORATION OF THE TOWNSHIP OF ALFRED AND PLANTAGENET BY LAW NUMBER 2010-80

BEING A BY-LAW of the Corporation of the Township of Alfred-Piantagenet respecting the regulating the use of the facilities at the Municipal Public Wharves.

WHEREAS Section 11 of the Municipal Act, S.O. 2001, Chapter 25, provides that the Council of a municipality may pass by-laws respecting matters within certain spheres of jurisdiction;

AND WHEREAS, the Corporation of the Township of Alfred and Plantagenet deems it desirable to regulate the use of public wharves;

THEREFORE the Council of the Township of Alfred and Plantagenet enacts as follows:

SHORT TITLE

1. This by-law may be cited as the 'Municipal Public Wharves By-Law'.

DEFINITIONS

2. In this by-law:

{a) 'Township' shall mean the Township of Alfred and Plantagenet

(b) 'Corporation' shall mean the Corporation of the Township of Alfred and

Plantagenet

(c) 'Vessel' includes every description of ship, boat, craft, floating home or other structure used or capable of being used solely or partly for aquatic navigation without regard to method or lack of propulsion.

(d) 'Owner shall mean the master, operator or person in charge of the vessel; (e) 'Municipal Law Enforcement Officer' shall mean the Municipal Law

Enforcement Officer appointed by the Council of the Corporation of the

Township of A.lfred and Plantagenet.

GENERAL REQUIREMENTS

3. No person who is the owner or operator of a vessel shall permit the vessel to remain berthed or moored at all public wharves in excess of 1 hoyr .out of a 24 hour period.

4. Where any ves.sel. is in contravention of Section 3 the Municipal Law Enforcement Officer may direct the person appearing to be in charge of the vessel to remove t.he vessel from the public wharf.

offence and every such penalty shall be recoverable under the Provincial

Offences Act, R.S.O. 1990, chapter P.33 and amendments thereto.

7. Whenperson has been convicted of an offence under this by-law, the County Court of the County of Prescott and Russell, or any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuat.ion 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.

8. The requirements of this by-law are severable. If any requirements of this by-law are held ihvalid, the application of such requirements to other circumsta"'ces and the remainder of this by-law shall not be affected.

9. This by-law shall come into force and shall take effect on the date of adoption. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY

OF JULY, 2010.

ZONING

Zoning By-Law 2009-50 was adopted by Council on June 1st, 2009.  Any amendments and corrections that have been made since this adoption do not appear here. Should you have questions or concerns, please contact the Zoning Administrator at 679-2292 extension 209.

You may view or download a copy of Zoning By-Law 2009-50 here.

The following Appendices are also available:

A - Rural

B - Alfred

C - Plantagenet

D - Wendover

E - Curran Treadwell

F - Lefaivre Pendelton