By-laws

Right of passage within the Township of Alfred and Plantagenet

• Plantagenet Concession 6, from Division Road to County Road 19
• Plantagenet Concession 7, from County Road 19 to Route 14
• Route 14 between Concession 6 and Concession 7
• Plantagenet Concession 6, from Route. 14 to Plantagenet Station
• Station Road from the Plantagenet Concession 6 extension to the Nation Rivet
• Pitch Off Road, from CPR to Plantagenet Concession 7
• Plantagenet Concession 7, from Pitch Off Road to Boundary Road.
• Boundary Road to Plantagenet Concession 8
• Plantagenet Concession 8, from Boundary Road to Caledonia Spring
• Division Road from Plantagenet Concession 6 to Wendover
• Road allowance between lots 12 and 13, from County Road 24 to Alfred Concession 4 (see Schedule "B")
• Alfred Concession 4 to Peladeau Road
• Alfred Concession 2, from road allowance to County Road 15
• Alfred Concession 5, from Boundary Rd. to Lajeunesse Road
• Plantagenet Concession 5, from Pitch Off Road to County Road 17
• Road allowance between lots 2 and 3, from County Road 17 to Plantagenet Concession 7 (see Schedule "C")
• Boundary Road, from Alfred Concession 7 to Alfred Concession 2
• Lake George Road, from Boundary Road to Plantagenet Concession 2
• Plantagenet Concession 2, from Lake George Road to Route 21
• Alfred Concession 2, from 60undary Road to County Road 15
• Right of way between lot from CPR to Plantagenet Concession 7 (Mr. Leduc) (see Schedule "D")
• Plantagenet Concession 7, from County Road 9 to Route 14
• Mill Street, from Plantagenet Concession 7 to the Village of Curran
• Route 16, from Plantagenet Concession 7 to Plantagenet Concession 3
• Plantagenet Concession 3,. between Route 16 and Route 26
• Route 25; from Plantagenet Concession 3 to Principale Street
• Route 16, from Plantagenet Concession 7 to Plantagenet Concession 10 (Curran)
• Plantagenet Concession 6, from Route 16 to Route 19 (9 Mile Road)

Dog Owner Fees

Fees for dog licences from January 1st to April 30th of every calendar year.

In person

• For each dog (male or female): $ 20.00
• Kennel Licence (more than three dogs)*: $ 100.00

By mail

• For each dog (male or female): $ 25.00
• Kennel Licence (more than three dogs)*: $ 105.00

Dog Owners have up to January 31 of each year to request a cancellation of the fee for a dog licence if the owner no longer has a dog or dogs. Beyond February 1, the dog licence fee shall be payable in full.

*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 licence.

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

In person

• For each dog (male or female): $ 40.00
• Kennel Licence (more than three dogs)*: $ 110.00

By mail

• For each dog (male or female): $ 45.00
• Kennel Licence (more than three dogs)*: $ 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 licence.

Fees for new residents and/or new dog

Exemption

Pound Fees

• Pick-Up & Impounding: $ 40.00
• Daily maintenance: $ 20.00/day
• Disposing: $ 95.00
• Administration: 10% of above prices where applicable

Agriculture Machinery Sheds and Storage Buildings

Value of construction per sq./ft: $15.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Barns, Piggeries, Henneries, or additions

Value of construction per sq./ft: $26.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $128.00

Basement (New constructions)

Value of construction per sq./ft: $20.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $204.00

Carport

Value of construction per sq./ft: $20.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Change of Use or Demolition Permit

Fixed fee of $102.00

Cover all Shelter

Value of construction per sq./ft: $10.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Creation of New Unit in Existing Dwelling

Value of construction per sq./ft: $51.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $460.00

Garages and Sheds Attached or Detached

Value of construction per sq./ft: $36.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Gazebos and Verandas (Roofed)

Value of construction per sq./ft: $20.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Green Houses

Value of construction per sq./ft: $7.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Indoor Pool

Value of construction per sq./ft: $26.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $204.00

Inspection for Code Compliance

Fixed fee of $102.00

Value of construction per sq./ft: $66.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee (new buildings): $970.00

Minimum fee (additions): $128.00

Lagoons

Value of construction per sq./ft: $0

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $150.00

Mobile Homes

Value of construction per sq./ft: $51.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $460.00

Mobile Homes (New Foundation)

Value of construction per sq./ft: $26.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $460.00

Open Deck Without Roof

Value of construction per sq./ft: $15.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Plumbing

Value of construction per sq./ft: Not applicable

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Pool Enclosure, Deck, and Pools Above/Inground

Value of construction per sq./ft: Not applicable

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Renewal of Permit (section 10)

Fixed fee of $102.00

Renovation

Value of construction per sq./ft: $15.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Residential (pre-fab) New Construction and Additions

Value of Deluxe (brick, stone stucco or log home) construction per sq./ft : $92.00

Value of Standard (aluminum or vinyl siding) construction per sq./ft: $82.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee (new dwellings): $970.00

Residential dwelling moved from elsewhere

Value of construction per sq./ft: $92.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $664.00

Retaining Walls

Value of construction per sq./ft: Not applicable

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Rooftop Solar Panel

Value of construction per sq./ft:

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

Silos

Fixed fee of $102.00

Storage Buildings for Commercial and Industrial Use

Value of construction per sq./ft: $26.00

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $511.00

Transfer of Permit (section 11.3)

Fixed fee of $102.00

Wood-stove and Fireplace

Value of construction per sq./ft: Not applicable

Permit fee: $9.25 per $1000 of the construction value

Minimum fee: $102.00

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.

1. 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;
2. 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;
3. 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 tile 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; .
4. No person shall be deemed to have been issued an open air permit unless the Municipal Law Enforcement Officer has issued such (I 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; 
5. 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;
6. 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;
7. 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;
8. 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;
9. 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;
10. 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;
11. 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;
12. The dimensions of the open air fire for when 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;
13. The permit holder shall:
    1. Upon demand produce the fire permit;
    2. comply with any conditions on the fire permit and only burn material authorized on the fire permit;
    3. supervise the fire continuously from ignition until completely extinguished;
    4. 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;
    5. 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.);
14. 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;
15. An open air fire must be used to burn only dry firewood;
16. An open air fire shall be authorized only in the rear yard of a property;
17. 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; 
18. 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;
19. 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;
20. 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;
21. 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;
22. 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.

1. 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.
2. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.
3. The Municipal Law Enforcement Officer is hereby authorized to:
   1. Issue open air fire permits as provided in this by-law;
   2. sign all open air fire permits on behalf of the Corporation;
   3. limit the duration of the open air fire pel1llit and the materials allowed to be burned;

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

4. The Municipal Law Enforcement Officer or the Director of the Fire Department may:
   1. demand the fire permit for' inspection from any permit holder;
   2. inspect any premises for which a fire permit has been issued;
   3. 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;
   4. undertake any technical investigation or inspection for the purposes of administering this by-law.

1. 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;
2. 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;
3. 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; 
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. 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.

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 2005-68 and No. 2006-34 are hereby repealed.

1. In this By-law:
   1. "Act" means the Explosives Act, R.S.C. 1985, c. E-17, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
   2. "Authorization" means a permission of the Council of the Township of Alfred and Plantagenet granted by resolution or amendment to permit the discharging of fireworks;
   3. "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet.
   4. "Council" shall mean the Council of the Corporation of the Township of Alfred and Plantagenet.
   5. "Explosives Act" means the Explosives Act, R.S.C. 1985, c. E-17, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
   6. "Fire Chief' means the person appoint by By-law as Fire Chief for the Township of Alfred and Plantagenet or his or her designate;
   7. "Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers;
   8. "Fire Protection and Prevention Act" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, and any regulations enacted thereto, or any act or regulations enacted in substitution thereof;
   9. "Fireworks" shall consist of the following devices:

      1. "Display Fireworks" means high hazard fireworks generally used
         for recreation that are classified under Class 7, Subdivision 2 of
         Division 2, as described in subsection 14(6) of Regulation C.R.C., c.
         599 of the Explosives Act and includes but is not limited to rockets,
         serpents, shells, bombshells, tourbillions, maroons, large wheels,
         bouquets, barrages, bombardos, waterfalls, fountains, batteries,
         illuminations, set pieces and pigeons, but excluding firecrackers;

      2. "Consumer Fireworks" means consumer fireworks that do not
         travel more than three (3) meters from the point of ignition are low
         hazard fireworks generally used for recreation that are classified
         under Class 7, Subdivision 1 of Division 2, as descried in subsection
         14(5) of Regulation C.R.C., c 599 of the Explosives Act, and includes
         but is not limited to, firework showers, fountains, lawn lights,
         pinwheels, volcanoes, sparklers and other similar devices, but
         excluding Christmas crackers and caps for toy guns;

      3. "Special Effect Pyrotechnic" means a high hazard firework that is
         classed as a F.3 Special Effect Pyrotechnics under the Act and that
         is used to produce a special pyrotechnic effect for indoor or outdoor
         performances and includes black powder bombs, bullet effect, flash
         powder, air bursts, smoke compositions, gerbs, lances and wheels;

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

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

   11. "Flying Lantern" also known as Sky Lantern, Chinese Lantern, Kongming
       Lantern or Wish Lantern, means a small hot air balloon or similar device
       made of treated paper or any other material, with an opening at the bottom,
       which is propelled y an open flame generated by a small candle or fuel cell,
       allowing the balloon or similar device to rise and float in the air,
       uncontrollably, while ignited;

   12. "FPPA" see the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4,
       as amended, and the regulations enacted thereunder as amended from
       time to time or any act and regulations enacted in substitution therefore;

   13. "Highway" means and includes a common and public highway, street,
       avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any
       pat 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;

   14. "Municipal Law Enforcement Officer" shall mean the Municipal Law
       Enforcement Officer of the Township of Alfred and Plantagenet;

   15. "Municipal Building" means any building, or structure to which the
       Township holds right or ownership to;

   16. "Municipal Property" means any land and any indoor or outdoor facilities
       or installations located on this land which is owned, leased or operated by
       the Corporation of the Township of Alfred and Plantagenet;

   17. "Outdoor" means the whole or part of any outdoor area, and for the greater
       certainty includes any open space which is outside of a building, structure,
       including ay temporary building, structure or part thereof, whether covered
       by a roof or not;

   18. "Person" shall mean an include any individual, corporation, partnership,
       company, association or party and the heirs, executors, administrators or
       other legal representatives of such person, to whom the context can apply
       according to the law;

   19. "Permit" means a Display Fireworks, or a Pyrotechnic Special Effects
       Fireworks Permit issued by the Township of Alfred and Plantagenet By-law
       Enforcement Department with the written approval of the Township of Alfred
       and Plantagenet Fire Services, the form of which may be amended from
       time to time;

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

   21. "Sale" or "Sell" means and shall include all attempts to offer to sell or
       invitations to purchase whether by express act or implication;

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

   23. "Vehicle" shall mean a motor vehicle, trailer, boat, motorized snow vehicle,
       mechanical equipment and any vehicle drawn, propelled or driven by any
       kind of power;

1. Where a situation arises, that is not covered by a specific regulation or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.

1. No person shall possess or discharge any fireworks that are not authorized by the Explosive Act.
2. No person shall discharge fireworks when there is a fire ban in place.
3. No person shall discharge firecrackers.
4. No person shall ignite, release, or set off into the air an ignited Flying Lantern.

1. No person shall discharge Consumer Fireworks except on the days listed in Schedule A of this by-law.
2. No person shall discharge Consumer Fireworks except between sunset and 11:00 p.m. on the days designated in this by-law.
3. No person shall discharge Consumer Fireworks from, onto or over any building or vehicle.
4. No person less than eighteen (18) years of age shall discharge Consumer Fireworks except under the direct supervision and control of a person eighteen (18) years of age or older who shall, at all times remain physically present in the immediate area where the Consumer Fireworks are being discharged.
5. No parent or guardian of any person less than eighteen (18) years of age shall
6. allow or permit that an underage person to discharge Consumer Fireworks except under the direct supervision and control of a person eighteen (18) years of age or older who shall at all times, remain physically present in the immediate area where the Consumer Fireworks are being discharged.
7. No person shall discharge Consumer Fireworks on any land that is not owned or legally possessed by him or her, unless written permission for the discharging of Consumer Fireworks has been obtained from the owner or person in charge of the land.
8. No person shall discharge Consumer Fireworks in any of the Township owned parks, land, building or in any other public place or storm water management land, without the prior authorization from Council.
9. No person shall discharge Consumer Fireworks from, onto or over any highway, street, lane, boulevard, roundabout private roadway or sidewalk.
10. Every person who sets off or is responsible for the discharging of Consumer Fireworks shall provide and maintain fully operational fire extinguishing equipment, including but not limited to portable fire extinguishers or a water supply, ready for immediate use and present at all times and for at least thirty (30) minutes after the discharging of the Consumer Fireworks has terminated, at the location of the discharging of Consumer Fireworks.
11. Every person who sets off Consumer Fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging of or use of Consumer Fireworks.

Display Fireworks

1. No person shall discharge Display Fireworks in the Township of Alfred and Plantagenet except pursuant to the terms of a permit issued by the Township of Alfred and Plantagenet for such purpose and in compliance with the provisions of
   this By-law and all other applicable laws.

2. Display Fireworks shall only be discharged under the supervision of a person who is, at a minimum, certified as "display supervisor" under the Explosives Act.
   1. Every permit shall include a description of the event including:
      1. The date and time of the proposed discharge of display fireworks;
      2. The type and kind of display fireworks that may be discharged;
      3. The discharge techniques to be used;
      4. The manner and means of restraining unauthorized persons from attending too close to the discharge site;
      5. The manner in which unused display fireworks are to be disposed of; and
      6. The number of persons authorized to handle and discharge the display fireworks.
   2. A site plan providing a description of the discharge site to be used for the discharging of the display fireworks;
   3. A description of the fire emergency procedures;
   4. The name and address of the applicant and the sponsoring organization if applicable;
   5. Proof of certification of the applicant as a Firework Supervisor;
   6. Proof of consent of the owner of the property to the discharge of Display Fireworks in writing if the applicant is not the owner of the property;
   7. Proof of insurance and indemnification in accordance with Sections
   8. Such other information as required by the Municipal Law Enforcement Officer and/or the Fire Chief; and
   9. Payment of applicable fees as set out in Schedule B of this by-law;
3. The Municipal Law Enforcement Officer and/or Fire Chief may refuse any permit request if the application:
   1. Is incomplete;
   2. Is not submitted by a Fireworks Supervisor;
   3. There are reasonable grounds for belief that the holding of the display of fireworks will result in a breach of this by-law, the FPPA of the Act.
4. Every Permit holder who sets off Display Fireworks shall:
   1. Take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging or use of Display Fireworks;
   2. Comply at all times with the requirements of the Act, FPPA and the Display Fire Works Manual published by Natural Resources Canada or any successor publication.
5. If the Display Fireworks are to be discharged in any Township Park, on Township owned land, or in any other public place, the approval in writing of Director of Parks and Recreation must be obtained by the applicant prior to the issuance of a permit.
6. A permit issued under this by-law may be revoked at any time if a breach of this by-law, the FPPA or the Act occurs.

1. No person shall discharge pyrotechnic special effects fireworks in the Township of Alfred and Plantagenet except pursuant to the terms of permit issued by the Township of Alfred and Plantagenet for such purpose and in compliance with the provisions of this by-law and all other applicable laws.
2. Every permit application pursuant to Section 28 shall be made to the Municipal Bylaw Enforcement Officer a minimum of 30 days prior to the event where the proposed discharging of pyrotechnic special effect fireworks is to occur.
3. Every permit application shall include:
   1. A description of the event including:
      1. A site plan of the area, the stage and the pyrotechnic special effect fireworks storage area;
      2. A list of all the pyrotechnic special effect fireworks to be employed;;
      3. The location of all the pyrotechnic special effects fireworks; and
      4. The height, range of effect, fallout and duration of the display of pyrotechnic special effect fireworks.,
   2. A description of the fire emergency procedures;
   3. The name and address of the applicant and the sponsoring business or organization if applicable;
   4. A proof of certification of the applicant as a pyrotechnician;
   5. A proof of insurance and indemnification in accordance to section 37;
   6. A proof of consent of the owner of the property to the discharge or pyrotechnic effect fireworks in writing if the applicant is not the owner of the property;
   7. Such other information as required by the Municipal Law Enforcement Officer and/or the Fire Chief; and
   8. Payment of applicable fees as set out in Schedule "A".
4. The Municipal By-law Enforcement Officer and I or Fire Chief may refuse any permit request if the application:
   1. Is incomplete;
   2. There are reasonable grounds for belief that the holding of the display of fireworks will result in a breach of this by-law, the FPPA or the Act.
5. The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under an authorization form the Municipal By-law Enforcement Officer and/or the Fire Chief issued under this by-law:
   1. The permit is valid only for the display at the place and on the date or dates set forth in the permit; or as approved by the Fire Chief;
   2. The permit holder shall supervise the display of pyrotechnic special effect fireworks;
   3. The permit holder shall provide and maintain a fully operational fire extinguishing equipment ready for immediate use; and
   4. The permit holder shall comply at all times with the requirements of the Act, FPPA and the Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.
6. No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.
7. The permit holder shall ensure that all unused fireworks and all debris are removed.
8. Every permit holder shall produce his or her permit upon being so directed by any person authorized to enforce this by-law.
9. Every person who sets off pyrotechnic special effect fireworks shall take all steps reasonably necessary, as would a reasonable and prudent person, to ensure that no harm to persons, animals or damage to property shall result from the discharging off or use of Display Fireworks.
10. If pyrotechnic special effects fireworks are to be discharged in any Township Park, on Township-owned land, or in any other public space, the approval in writing of Director of Parks and Recreation must be obtained by the applicant prior to the issuance of a permit.
11. A permit issued under this by-law may be revoked at any time if a breach of this by-law, the FPPA or the Act occurs.

1. The applicant for a permit of Display Fireworks and Pyrotechnic Special Effects
   Fireworks shall put insurance in effect and maintain it in full force with an insurer
   acceptable to the Township:

   1. Commercial general liability insurance issued on an occurrence basis for an amount of not less than $5,000,000.00 per occurrence / $5,000,000. Annual aggregate for any negligent acts or omissions by the Vendor / Supplier / Applicant relating to their obligations under the Fireworks by-law. Such insurance shall include but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owed automobile; broad form property damage; Owners & Contractors protective; occurrence property damage; products; broad form completed operations; employees and volunteers as additional lnsured(s); contingent employer's liability; tenant's legal liability; cross liability and severability of interest clause. Such  insurance shall not contain an exclusion for discharging fireworks.

   2. The insurance shall add the Corporation of the Township of Alfred and Plantagenet as additional Insured. This insurance shall be non-contributing with and be primary to any insurance available to the Township.

   3. Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $2,000,000 inclusive for each and every loss.

   4. Any and all deductibles applicable to the above-noted insurance policies shall be the sole responsibility of the Named Insured, and the Township shall bear no cost towards such deductibles.

   5. The vendors / contractors / applicants are responsible to effect physical damage on their assets/equipment-failure to do so will no impose any liability on the Township.

   6. The vendors / contractors / applicants shall provide the Township with a certificate of insurance evidencing coverage as noted above. Such policies shall not be cancelled, changed or lapsed unless the Insurer notifies the Township in writing at least thirty (30) days prior to the effective date of such cancellation, material change or lapse. The insurance policy will be in a form and with a company licensed to write business in the province of Ontario and which are, in all respects, acceptable to the Township.

   7. The Township reserves the right to assess exposures and add additional insurance requirements where it is deemed necessary.

   8. The applicant for a permit of Display Fireworks and Pyrotechnic Special Effects Fireworks shall indemnify and save harmless the Corporation of the Township of Alfred and Plantagenet, their elected officials, officers, employees, volunteers and agents from and against any and all claims, actions, losses, expenses, fines, costs (including legal costs), interest, or damages of every nature and kind whatsoever, including, but not limited to, bodily injury or damage to or destruction of tangible property including loss of revenue arising out of or allegedly attributable to the negligence, acts, errors, omissions, whether willful or otherwise by the Vendor / Supplier / Applicant, their officers employees, volunteers, guests, invitees, agents, or others to who the Vendor/ Supplier/ Applicant is legally responsible. This indemnity shall be in addition to an not in lieu of any insurance to be provided by the Vendor / Supplier/Applicant in accordance with this agreement and shall survive this agreement.

1.  This by-law shall not apply to any Consumer Fireworks, Display Fireworks or Pyrotechnic Special Effect Fireworks being discharged by or on behalf of the Township of Alfred and Plantagenet.

1. This by-law shall be enforced by the Municipal Law Enforcement Officer of the Township of Alfred and Plantagenet, the Fire Chief or his or her designate.

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

1. This by-law may be referred to as the "Fireworks By-law".

In this by-law:

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

"Garage Sale” means any general sale to the public of various new or used objects and personal property from a residential property and which includes, but not limited to, all sales entitled as “yard”, backyard”, “flea market”, “rummage” sale, etc.

“Estate Sale” means any general sale to the public of various new or used objects and personal property from a residential property by the persons vested with the estate of the owners of the property. (By-Law 2015-73)

“Festival” means the Alfred Country Western Festival, the Wendover Western Festival, the Festival de la Bine and the Ottawa River Festival, which are festival recognized by the Township’s Council. (By-Law 2015-73)

“Complete first week-end” means the complete first week-end of a month characterized by having the Saturday and the Sunday identified as days within the same month. (By-Law 2015-73)

"Personal property” means any property which is owned, used and maintained by any person or member(s) of his or her residence and acquired in the normal course of living in, or maintaining a residence, but does not include merchandise which was purchases for resale, or obtained on consignment;

"Residential property” means a parcel of land or a dwelling unit used or intended for residential purposes located in a residential zone or any other zone as defined in the Township of Alfred and Plantagenet Zoning By-Law No. 2009-50, as amended from time to time;

"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;

“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;

1. No person shall hold a garage sale on a residential property within the limits of the Corporation unless in accordance with the provisions of this by-law;
2. No garage sale shall be held or encroach on a sidewalk, a public highway (street) or on any other public space;
3. Garage sales are permitted:
   1. On the first complete week end of the month of May, June, July, August, September and October starting on the Friday evening (after 5:00pm), Saturday and Sunday;
   2. During the month of May: starting on Friday evening (after 5:00pm), Saturday, Sunday, and Monday of the Victoria Day week end;
   3. During the month of August: starting on Friday evening (after 5:00pm), Saturday, Sunday, and Monday of the Civic Holiday week end;
   4. During the month of September: starting on Friday evening (after 5:00pm), Saturday, Sunday and Monday of the Labor Day week end; (By-Law 2015-73)
4. Notwithstanding any other provision to the contrary in this by-law, estate sales and garage sales which are organized and held by a community group, a service club or a non for profit organization are permitted at any time during the year. (By-Law 2015-73)
5. Notwithstanding any other provision to the contrary in this by-law, when a festival takes place within the Township, garage sales are permitted during the same days of the event (festival). (By-Law 2015-73)

1. No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer in the lawful performance of his duties;
2. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement Officer.

1. 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;
2. 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.

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.

In this by-law:

1. "Auxiliary equipment" shall mean any device, attachment, delivery body or apparatus attached to a motor vehicle, either permanently or temporarily;
2. "Construction" shall mean erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting equipment, installation and alteration and the struct1:.lta1 installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; activities associated with the operation at municipal waste and snow disposal Sites are excluded;
3. "Construction equipment" shall mean any equipment or device designed and intended for use in construction, or material handling, including, but not limited to; air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, drills, loaders, scrapers, pavers, generators, off-highway haulers. or trucks, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;
4. "Conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person;
5. "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet;
6. "Council' shall mean the Council of the Corporation of the Township of Alfred and Plantagenet;
7. "Highway" includes a common and public highway, street, concession, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles;
8. "Inhabitant" means any owner, tenant, occupier or lease of real property within the Township of Alfred and Plantagenet;
9. "Motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act;
10. "Motorized conveyance" shall mean a conveyance propelled or driven otherwise than by muscular, gravitational or wind power;
11. "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;
12. "Municipality" shall mean the land within the geographic limits or the Township of Alfred and Plantagenet;
13. "Noise" shall mean unwanted sound or soun4s likely to disturb the inhabitants of the Township of Alfred and Plantagenet;
14. "Point of Reception" shall mean any point on the premises of a person where sound or vibration originating from other than those premises is received;
15. "Township" shall mean The Township of Alfred and Plantagenet;
16. "Trade" shall include, but not be limited to, steelwork, welding, wood working, automotive repair and painting, machinery repair, and includes any work in connection therewith;
17. "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road- b~i1ding machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car;

No person shall allow, make, cause or permit the emission of noise which disturbs or may disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants.

No owner or person shall emit, or cause to be emitted, noise within the municipality from an act listed herein at any time:

1. Racing of any motorized conveyance other than in a racing event regulated by law.
2. The operation of any motor vehicle in such a way that the tires squeal.
3. The operation of any combustion engine or pneumatic device Without an effective exhaust or intake muffling device in good working order and in constant operation.
4. The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing, or other like sounds due to improperly secured load or equipment, or inadequate maintenance.
5. The operation of a motor vehicle horn or other warning device except where required 01' authorized by law or in accordance with good safety practices.
6. The operation of any item of construction equipment without effective muffling devices in good working order and in constant operation.
7. The persistent barking, calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture.
8. The operation of any engine or motor without an effective muffler system in connection with any hobby such as model aircraft or boat operation without limiting the generalities thereto. .
9. The operation or use of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous peri04 exceeding 10 minutes, while such vehicle is stationary unless;
   1. operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready-mixed concrete trucks; lift platforms and refuse compactors,
   2. weather conditions justify the use of heating or refrigerating systems powered by the mot()r or engine for the safety and welfare of the operator, passengers or animals, or the preservation of perishable cargo, and that the said vehicle is stationary for purposes of actively unloading or loading, or
   3. the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like, when such work is performed other than for profit.
10. No owner or person shall emit, or cause to be emitted, noise within the municipality from an act listed below between the hours of 11:00 p.m. and 7:00 a.m.:
    1. The operation of any auditory signaling device, including but not limited to the ringing of bells, except for religious services, or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices. (b) Yelling, shouting, hooting, whistling or singing.
    2. Construction.
    3. Trade. 
    4. The operation or use of any tool for househol4 purposes other than snow removal.
    5. Loading, unloading, delivering, packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services, or the moving of household effects.
    6. The operation of any motorized conveyance other than on a highway or other place intended for its operation.
    7. The operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-magnetical transducers and intended for the production, reproduction or amplification of sound.
11. Notwithstanding any other provision of this By-Law, it shall he lawful to emit or cause or permit noise in connection with 
    1. emergency measures taken for the immediate health, safety or welfare of the inhabitants or the preservation or restoring of property;
    2. normal farming practices in rural zones as defined in the Zoning By-Law of the Township of Alfred and Plantagenet; unless such noise or vibration is clearly of a longer duration or nature mote disturbing than is reasonably necessary for the accomplishment of such purpose.

1. Notwithstanding anything contained in this By:-Law, any person may make application to Council to be granted an exemption from any of the provisions of this By-Law and Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain any such terms and conditions as Council deems appropriate.
2. In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it deems appropriate.
3. Any breach of any of the terms or conditions of any exemption granted by Council by the applicant shall render the exemption null and void

1. The provision of this By-Law shall be enforced by the Municipal Law Enforcement Officer.
2. No owner or person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with the Municipal Law Enforcement Officer in the lawful performance of his or her duties.

1. 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.
2. 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.
3. 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. 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 bylaw.
5. That By-Law no. 22-2002 of the Township of Alfred and Plantagenet, is hereby repealed. 17.
6. This by-law shall come into force and effect on the 16th of July, 2007.

1. "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.
2. "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.

1. 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.
2. The following shall not apply to Section 2 of this By-Law:
   1. deliveries to a location on a no heavy truck route;
   2. the performance of services on a no heavy truck route;
   3. emergency vehicles. road construction vehicles for the purpose of maintenance, repair or reconstruction of a no heavy truck route;
   4. public services by the Township of Alfred and Plantagenet;
   5. proceeding to or from a garage for the purpose of housing, storing. repairing a heavy truck on a no heavy truck route;
   6. a privately-owned vehicle driven to or from the owner's residence;
   7. public services by The Nation Municipality and the City of Clarence-Rockland on boundary roads.

1. 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.
2. 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.

1. 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.
2. 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.

Heavy Trucks Prohibited on the Following Highways

Alfred Concession 2 between Boundary Road and County Road 15

Alfred Concession 4 between Boundary Road and County Road 15

Alfred Concession 4 between County Road 15 and Bay Road

Alfred Concession 5 between County Road 15 and Blue Corner Road

Alfred Concession 7 between Station Road and 721 Alfred Concession 7

Alfred Concession 10 between County Road 15 and Peat Moss Road

Division Road between County Road 17 and Plantagenet Concession 2

Lake George Road between County Road 9 and Boundary Road

Plantagenet Concession 2 between Division Road and County Road 17

Plantagenet Concession 3 between County Road 17 and Boundary Road

Plantagenet Concession 3 between County Road 19 and County Road 26

Plantagenet Concession 4 between County Road 9 and Boundary Road

Plantagenet Concession 5 between County Road 17 and Boundary Road

Plantagenet Concession 5 between County Road 19 and County Road 9

Plantagenet Concession 7 between Boudreau Road and County Road 19

Plantagenet Concession 9 between County Road 2 and Route 16

Plantagenet Concession 9 between Route 11 and County Road 9

Plantagenet Concession 10 between County Road 9 and County Road 19

Route 11 between Plantagenet Concession 10 and County Road 2

Route 25 between Plantagenet Concession 3 and 250 Route 25

Definitions

In this by-law:

1. "Alcoholic beverage" means spirits, liquor beer, wine or any combination thereof and includes and alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other substance;
2. "Animal" means any member of the animal kingdom, other than a human, and includes birds;
3. "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;
4. "Boat" includes a canoe, rowboat, punt, sailboat, outboard and inboard motor boat, and personal water craft;
5. "Camp" means to erect a structure, hut or tent for the purpose of providing shelter;
6. "Coordinator" means the Recreation Coordinator of the Township of Alfred and Plantagenet or authorized designates, unless otherwise specified;
7. "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;
8. "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;
9. "Municipal law enforcement officer" means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act.
10. "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;
11. "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;
12. "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;
13. "Service animal" means an animal trained by a recognized school for service as a guide dog for the blind or visually-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;
    
14. "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;
15. "Township" means the municipal corporation of the Township of Alfred and Plantagenet or the geographic area of the of the Township of Alfred and Plantagenet as the context requires;
16. "Waste" means paper, bottles, broken glass, cans, rags, garbage, rubbish, débris or refuse of any kind;
17. "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

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 of parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part of 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 

No person shall:

1. 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;
2. 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;
3. Enter any place in a park where a sign prohibiting admittance or trespassing is displayed or where admission is otherwise prohibited or restricted.
4. 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.).
5. 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

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 

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, 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.
   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,
   1. the ground is snow covered,
   2. the site is not altered, and
   3. 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 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

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 

1. No person shall, in a park without a permit issued by the Coordinator:
   1. Sell, or offer, expose or advertise for sale any:
      1. food or drink
      2. newspaper, magazine or publication
      3. goods, wares or merchandise,
      4. art, skill or service;
   2. Practice, carry on, conduct or solicit for any trade, calling, business or occupation;
   3. Distribute any flyers or circulars, or post any bills, notices or advertising devices, including signs, of any kind;
   4. Convene, conduct or participate in any parade or procession;
   5. 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;
   6. Have in his/her possession any alcoholic beverage;
   7. Ignite, discharge or set off any fireworks or firecrackers;
   8. Light any open air fire in any park, except in place, specifically provided by the Township;
   9. Camp in any park, or construct any tent or other structure;
   10. Use a public address system or other device or equipment for amplifying sounds in a park;
   11. Play any music whether individually or in a band, or
   12. 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:
   1. 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;
   2. Is eighteen (18) years of age or older;
   3. Does not charge admission or sell refreshments except as authorized by the Coordinator;
   4. 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
   5. 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:
   1. Accesses or uses the area of the park designated by the Coordinator for the permitted use;
   2. Produces his or her permit upon being so directed by the Coordinator or a Municipal Law Enforcement Officer;
   3. Immediately vacates the park upon being so ordered by the Coordinator or a Municipal Law Enforcement Officer; and
   4. 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

1. No person, being the owner or tenant of land adjacent to a park property, shall allow, cause or permit the following on park property:
   1. Planting of any hedge, tree, shrub or garden,
   2. Construction of any fence, storage shed, retaining wall or other structure of any kind,
   3. Keeping of any composting receptacle or pile, or placing of any string, wire, chain, rope or similar material.

Asset Protection 

1. No person shall, in a park, cut, climb, break, injure, deface, disturb or remove any property inluding:
   1. a tree, shrub, bush, flower, plant, grass, wood, soil, sand, rock or gravel,
   2. A 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:
   1. Any part of the interior or exterior of a building.
   2. 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:
   1. Disturb, injure, wound, hunt, trap, attempt to kill or kill any animal,
   2. Touch, interfere with, remove or injure any bird's nest, the eggs or the young birds contained therein, or
   3. 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:
   1. Leave or deposit any waste, except in a receptacle provided for that purpose,
   2. 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,
   3. 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 leae 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:
   1. Washing, cleaning, polishing, servicing, maintaining or, with the exception of any emergency, repairing any motorized vehicle, or
   2. 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

1. No person using a skating rink in a park shall:
   1. Race or speed so as to endanger or interfere with any other person using the rink,
   2. 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,
   3. Use the rink during the preparation period; or
   4. 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

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

General

1.  No person shall:
   1. Engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior in a park.
   2. Engage in any activity so as to interfere with or become a nuisance to the general public using the park.
   3. Discharge any firearm in a park.
   4. 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 (4), "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. 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 

1. The Coordinator may, at any time 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 

1. 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

1. 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

1. The provisions of this By-law:
   1. 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. Shall not apply to the any bona fide emergency service providers.

Enforcement

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

1. Offences and penalties are as follows:
   
   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:
      1. The Ontario Court of Justice, or
      2. Any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, 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.
2. 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

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

Title

Definitions

Interpretation

1. In the event of any conflict between the provisions of this by-law and any provision of a by-law of the Corporation of the Township of Alfred and Plantagenet respecting the erection, height and maintenance of fences, as amended, the provisions of this by-law shall prevail. 

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

3. This by-law includes the schedules annexed hereto and the schedules are hereby declared to form part of this by-law. 

4. The headings and subheadings used in this by-law are inserted for convenience of reference only, form no part of this by-law, and shall not affect in any way the meaning or interpretation of the provisions of this by-law. 

5. Unless the context requires otherwise, references to items in the plural include the singular unless used with a number modifying the term, and words imparting the masculine gender shall include the feminine. 

6. It is declared that if any section, subsection, paragraph or part thereof is declared by any Court or tribunal of competent jurisdiction to be inoperative, illegal, or ultra vires, such section, subsection, paragraph part or parts shall be deemed to be severable and all other parts of this by-law are declared to be separate and independent, and enacted as such. 

General Requirements

1. No Owner or their agent shall construct or permit to be constructed a swimming pool on a property unless such Owner or their agent ensure that an Enclosure that conforms with the requirements of this by-law surrounds the swimming pool.
   

2. Every Owner or their agent shall ensure that the replacement of a Swimming Pool Enclosure shall comply with this by-law.

3. Except as specified in section 16, no Owner or their agent shall place water or allow water to remain in a swimming pool unless an Enclosure or Temporary Enclosure has been constructed, inspected, and deemed by the Chief Building Official to be in compliance with the provisions of this by-law.

4. No Owner of a property on which a swimming pool is constructed, or their agent, shall fail to construct and maintain an Enclosure or Temporary Enclosure in compliance with the provisions of this By-law respecting the erection, height and maintenance of the Enclosure or Temporary Enclosure.

5. Nothing in this by-law permits the construction of a swimming pool, deck, platform or other structure in a location which is not permitted under the Zoning By-law 2009-50, as amended.
   

6. The Chief Building Official is authorized to administer and enforce the provisions of this by-law. 

Permits

Application for a Permit

Cancellation and Revocation

Inspections Required

Enclosure Specifications General Specifications

Chain Link Construction Specifications

Vertical Board Construction Specifications

Wrought Iron, Aluminum, or Vinyl Type Construction Specifications

Above Ground Pools

Hot Tubs

Temporary Enclosures

Exceptions

1. Notwithstanding any other provision of this by-law to the contrary, swimming pools or pools known as “hot tubs”, “whirlpools”, and “spa’s”, need not comply with Sections 9 to 13 (Enclosure Specifications General Specifications to Above Ground Pools) of this by-law provided that a cover, capable of holding 90.72kg (200 Lbs.) is provided by the Owner and is not less than two inches thick constructed of a durable material that is permanently fixed and secured to the structure and is locked to prevent access when the structure is not in use.

Transition or Retrofitting

1. Any fence, barrier or Swimming Pool Enclosure that was lawfully erected before the day this bylaw comes into force is deemed to comply with this by-law and may be maintained as erected, but when the fence or Swimming Pool Enclosure is replaced, the replacement fence or Swimming Pool Enclosure shall comply with this by-law.

Compliance

Enforcement Orders

Enforcement

Repeal 

1. By-law 2005- 69 of the Township of Alfred and Plantagenet entitled “Swimming Pool Enclosure By-Law” as amended, is hereby repealed effective May 15, 2018.

Building by-law 2006-44 as amended by by-law 2018-53

1. Refer to prescribed fees in the Township's Building By-law as amended

• • Pool enclosure, deck and pools (above/in-ground)
    • Permit fee: $9.25 per $1000 of the construction value
    • Minimum fee: $102