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)

Short Title

1. This by-law may be cited as the “Animal Control By-Law”.

Definitions

In this by-law:

1. "Animal Control Officer" shall mean the person or persons appointed by the Township of Alfred and Plantagenet to enforce this by-law and any servant or agent of such person or persons employed for such purposes.
2. "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet.
3. "Dog" means any member of the species Canis familiaris, or any hybrid thereof, over the age of 8 weeks.
4. "Dog Catcher" shall mean the Dog Catcher appointed by the Council of the Township of Alfred and Plantagenet.
5. "Kennel" shall mean an establishment for breeding or boarding of dogs and/or dogs that are registered or eligible for registration with an association incorporated under the Animal Pedigree Act (Canada).
6. "Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement Officer appointed by the Council of the Township of Alfred and Plantagenet.
7. "Neutered Dog" shall mean a male dog which has been castrated of a spayed female dog. (Deleted, amended by By-Law 2009-85, December 7, 2009.)
8. "Non-Property Owner" being one who resides within the limits of the Township of Alfred and Plantagenet but does not own property in his or her name. (Amended by By-Law 2017-29, May 15, 2017.)
9. "Owner" means a person who possesses or harbors a dog, where the owner is a minor, the person responsible for the custody of the minor, and “owns” and “owned” have a corresponding meaning.
10. "Property Owner" being one who owns property in his or her name within the limits of the Township of Alfred and Plantagenet. (Amended by By-Law 2017-29, May 15, 2017.)
11. "Running at large" shall mean a dog found in any place other than the premises of the owner of the dog and not under the control of any person by means of a leash. (Amended by By-Law 2020-12, March 20, 2020.)
12. "Township" shall mean the Township of Alfred and Plantagenet.
13. "Vicious Dog" means any dog which has bitten another animal or person without provocation.
14. "Zoning Administrator" shall mean the Zoning Administrator appointed by the Council of the Corporation of the Township of Alfred and Plantagenet.

Dog Licensing, Regulation, and Registration

1. Every resident in the Township of Alfred and Plantagenet who is the owner of a dog shall, within thirty (30) days following the date that a dog comes into his or her possession, or where applicable, upon the dog reaching the age of eight (8) weeks, register the dog with the Township, and thereafter annually pay a fee as prescribed in Schedule “A” of this By-law.
2. Upon application of a license for a neutered dog the owner shall produce a certificate of a Veterinary Surgeon that such dog has been neutered. (Deleted, amended by By-Law 2009-85 December 7, 2009.)
3. Upon payment of the prescribed license fee, the Township shall issue a tag bearing a serial number and year of issue and shall cause to be entered in a file kept for that purpose the following information:
   1. Name of owner
   2. Address of owner
   3. Telephone number of owner
   4. Name of dog
   5. Description and breed of dog
4. It shall be the responsibility of the owner to notify the Municipal Law Enforcement Officer of any changes in the information provided at the time the tag was issued.
5. The owner of a dog shall keep the tag securely fixed on the dog at all times until the tag is renewed or replaced, but the tag may be removed while the dog is being lawfully used for hunting.
6. The fee charged for the replacement of lost dog tags shall be five dollars ($5.00).
7. No tag or registration fee under this By-law shall be transferable and the tag shall expire and become void upon the sale, death, or other disposal of the dog.
8. No person other than the owner or his agent shall remove the licence tag from a dog.

Animal Provisions

1. No person shall operate a kennel without first obtaining written confirmation from the Zoning administrator that such operation complies with the Zoning By-law of the Township of Alfred and Plantagenet.
2. Notwithstanding the provisions of Section 3, the owner of a Kennel shall pay an annual licence fee as prescribed in Schedule “A” and such owner is not liable to pay any further licence fee in respect to dogs harbored therein.
3. No person who owns or harbours a dog within the Township shall permit such dog to become a public nuisance. A dog shall be considered a public nuisance if:
   1. it persistently barks or howls.
   2. it causes damage to public or private property.
   3. it interferes with or dumps or scatters garbage or trash.
   4. it chases pedestrians, bicyclists or vehicles.
4. No person shall keep or allow to be kept within the boundaries of the Township more than three (3) dogs per household, with the exception of those holding a kennel licence.
5. Transition rule: Every person who registered more than three (3) dogs in any one household by March 31, 2001, may be recognized as being legal non-conforming until such dogs over the prescribed amount of three (3) should die or be adopted out. Afterward, the legal non-conforming owner is subject to all the requirements of this By-law.

Running at Large of Animals

1. No person who owns, harbors or possesses any dog shall allow the dog to run at large in the Township of Alfred and Plantagenet, or trespass on private property even when on a leash.
2. Every owner of a dog shall ensure that the dog is kept on a leash having a length of not more than 2.4 meters and under the direct physical control of a person when the dog is on any land in the Township of Alfred and Plantagenet unless:
   1. The land is the premises of the owner of the dog;
   2. The land is owned by a person who has given prior consent to the dog being off the leash, or:
   3. The land is parkland that is:
      1. 1. Owned by the Township of Alfred and Plantagenet, and designated as an off-leash dog park;
         2. Not designated by sign as an area where dogs are prohibited; every owner of a dog shall ensure that the dog is kept on a leash and under the control of a person when the dog is in the area designated by sign.
   4. No owner of a dog shall control a dog by means of a leash that:
      1. 1. Is not held by the person in his or her hand, or
         2. Is not securely affixed to some immovable structure from which the dog cannot escape. (Amended by By-Law 2020-12 March 3, 2020.)
3. For the purposes of this by-law, a dog shall be deemed to be running at large if:
4. The dog is found in any other pace than the premises of the owner of the dog; or
5. The dog is not under the control of a responsible person. (Amended by By-Law 2018-23 March 6, 2018.)
6. Any dog running at large contrary to the provisions of this by-law may be captured by the Municipal Law Enforcement Officer or Dog Catcher.
7. No person shall permit a dog to attack any person or domestic animal or to fight with another animal.
8. Where a dog is captured, the owner shall be liable for the pick-up, impounding and maintenance fees prescribed in Schedule “A” as pound fees and shall pay all costs to the Township of Alfred and Plantagenet.
9. In the event that possession of any impounded dog has not been restored to the owner within three clear days, not including the date of impounding and the date of disposal (exclusive of statutory holidays and Sundays) after impounding, the dog may be killed or sold for such price as the Municipal Law Enforcement Officer deems reasonable, or he/she may dispose of the dog pursuant to the Animal for Research Act and Regulations thereunder. The sale price of any dog so sold shall belong to the Municipality and no damages or compensation shall be recovered on account of any disposition made thereunder.
10. Where a dog which has been impounded is injured or should be destroyed without delay for humane reasons, the Municipal Law Enforcement Officer may dispose of the dog in a humane manner as soon after seizure as he/she thinks fit without permitting any person to reclaim the dog or without offering it for sale, and no damages or compensation shall be recovered on account of such disposition. When the dog is identifiable, the Municipal Law Enforcement Officer will attempt to notify the owner in advance of its destruction.
11. The Municipal Law Enforcement Officer shall keep a record of every dog impounded or seized, including the date it was impounded, a description of the dog, the license and tag number if it wore a tag, and the date of the disposition and the disposition made.
12. Possession of the dog may be restored to the owner if the owner claims possession of the dog within seventy-two (72) hours (exclusive of statutory holidays and Sundays) of impounding.
13. The Municipal Law Enforcement Officer may release a captured dog to the owner if satisfied that the dog is licensed for the current year, after identification of the dog by the owner and payment by him of the pound fees prescribed in Schedule “A”.
14. Where the owner of a dog refuses to take possession of his/her dog and/or refuses to pay the pound fees, such fees 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 wit the same remedies as municipal taxes.

Removal of Feces

Every owner of a dog shall immediately remove any feces left by the dog in the Township of Alfred and Plantagenet:

1. on a highway or roadway;
2. in a public park, recreation area, or conservation area;
3. on any public property, and
4. on any private property other than the property of
   1. the owner of the dog, or
   2. the person having care, custody or control of the dog.
5. every owner of a dog shall remove from his or her property, in a timely manner, feces left by the dog, so as not to disturb the enjoyment, comfort, convenience of any person in the vicinity of the property.

Vicious Dog

1. The owner of a vicious dog shall, at all times, when it is not in the owner’s dwelling but otherwise within the boundaries of the owner’s lands, be kept within a fenced yard as prescribed in Schedule “A”, paragraph 4, so as to prevent the dog from escaping from the owner’s lands and to prevent the dog from causing injury to any person or animal entering the owner’s lands.
2. The owner of a vicious dog shall at all times when the dog is outside the boundaries of the owner’s lands keep the dog muzzled so as to prevent it from biting o the owner of the dog unless the dog s on the lands of a person who has consented to it being on his lands, in which case the provision s of Section 6 a) may apply.

Enforcement

1. That By-Law number 2001-42 is hereby repealed.

2. Schedule “A” hereto attached is part of this By-Law.

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

Penalties

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.
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 affected.
4. This by-law shall come into force and take effect on the day of its passing.

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): $ 30.00
• Kennel Licence (more than three dogs)*: $ 100.00

By mail

• For each dog (male or female): $ 35.00
• 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 1st, 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): $ 60.00
• Kennel Licence (more than three dogs)*: $ 110.00

By mail

• For each dog (male or female): $ 65.00
• 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

Notwithstanding section 1, newcomers to the township of Alfred and Plantagenet and/or current residents with new dogs have 7 days to purchase a valid dog tag for a fee of thirty dollars ($ 30.00) or thirty-five dollars ($35.00) by mail.

Exemption

Pound Fees

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

Fences

(Repealed by By-Law 2009-85)

1. Fences shall be 1.8 meters (6 feet) in height and installed such that no gap greater than 150mm (4 inches) exists between the underside of the fence and the finished grade. Fences shall be of a design that will reasonably deter children from climbing it to gain access to the fenced-in area and that will prevent a vicious dog from digging its way out of or otherwise escaping from the enclosed yard. If a fence contains an opening for access, the opening shall be closed with a gate which shall provide protection equivalent to the fence and shall be equipped with self-closing, self-latching devices, and locks located at the top of and inside the gates.
2. A fence shall:
   1. if of chainlink construction:
      1. 1. be of not greater than 50mm (2inches) diamond mesh;
         2. be constructed of galvanized steel wire not less than 3.6mm in diameter (no. 9 gauge), or of a minimum of 2.9mm (no. 11 gauge) steel wire covered with a vinyl coating forming a total thickness equivalent to 3.6mm in diameter (no. 9 gauge).
         3. be supported by at least 38mm diameter (1.5 inches) galvanized steel posts installed in accordance with good fencing techniques. Such posts shall be spaced not more than 3m (10 feet) apart. Top horizontal rails shall be at least 32mm diameter (1.25 inches) galvanized steel. Bottom horizontal rails shall be a 12mm diameter (.5 inches) galvanized tension rail or a 32mm diameter (1.25 inches) galvanized rail.
   2. if of wood construction:
      1. 1. be of alternating vertical boards attached to supporting horizontal members. Such vertical boards shall have a minimum dimension of 19 x 88mm (1x4 inches nominal) and spaced at a maximum of 200mm (4 inches).
         2. Supporting horizontal members shall have a minimum dimension of 38 x 88mm (2x4 inches nominal) and shall be spaced a minimum of 1.4m (4 feet 6 inches) apart.
         3. Horizonal members shall be supported by posts spaced not more than 2.4m (8 feet) on centre. Such posts shall 88mm (4 inches nominal) square or in diameter and securely placed to a minimum of 0.6m (2 feet) below grade. That portion below grade shall be treated with a wood preservative or the post shall be of pressure treated wood.

Adoption Fees

(Repealed by By-Law 2009-85)

1. Fees for any adopted dog from the pound shall be $45.00. The forty-five dollars fee for adoption shall include the dog tag for the adopted dog for the current year.

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

Institutional, Commercial, Assembly, and Industrial Buildings

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

Short Title

1. This By-law may be cited as the “Development Charges By-law”.

Definitions

1. "Accessory Use" means a use of land, Building or structures which is incidental and subordinate to the principal use of the lands and Buildings;
2. "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended;
3. "Agricultural when used to describe a use or Development means a use or Development that is a bona fide farming operation including, notwithstanding the generality of the foregoing, greenhouses which are not connected to Regional water and wastewater services, sod farms and breeding and boarding of horses including barns, silos and other ancillary Development to such Agricultural Development but excluding any residential, commercial, industrial, or retail Development and does not include cannabis production facilities;
4. "Air-supported structure" means a structure consisting of a pliable membrane that achieves and maintains its shape and support by internal air pressure;
5. "Apartment Dwelling" means a Building containing more than one Dwelling Unit where the units are connected by an interior corridor. Notwithstanding the foregoing, an Apartment Dwelling includes a Stacked Townhouse Dwelling or a Back-to-back Townhouse Dwelling that is developed on a block approved for Development at a minimum density of sixty (60) units per net hectare pursuant to plans and drawings approved under section 41 of the Planning Act;
6. "Back-to-back Townhouse Dwelling" means a Building containing four or more Dwelling Units separated vertically by a common wall, including a rear common wall, that do not have rear yards;
7. "Bedroom" means a habitable room of at least seven (7) square metres, including a den, study, loft, or other similar area, but does not include a living room, dining room, kitchen, or other space;
8. "Board of Education" means a board defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2, as amended;
9. "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23 as amended;
10. "Building" means a permanent enclosed structure occupying an area greater than ten square metres (10 m²) and, notwithstanding the generality of the foregoing, includes, but is not limited to:
    1. an above-grade storage tank;
    2. an air-supported structure;
    3. an industrial tent;
    4. a roof-like structure over a gas-bar or service station; and
    5. an area attached to and ancillary to a retail Development delineated by one or more walls or part walls, a roof-like structure, or any one or more of them;
11. "Capital Cost" means costs incurred or proposed to be incurred by the Township or a Local Board thereof directly or by others on behalf of and as authorized by the Township or Local Board:
    1. to acquire land or an interest in land, including a leasehold interest,
    2. to improve land,
    3. to acquire, lease, construct or improve Buildings and structures,
    4. to acquire, lease, construct or improve facilities including (but not limited to):
       1. rolling stock with an estimated useful life of seven years or more,
       2. furniture and equipment other than computer equipment; and
       3. materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1990 c. P.44, as amended.
    5. interest on money borrowed to pay for costs in (a) to (d).
12. "Council" means the Council of the Corporation of the Township of Alfred and Plantagenet;
13. "Development" means the construction, erection or placing of one or more Buildings on land or the making of an addition or alteration to a Building that has the effect of increasing the size thereof, and includes Redevelopment;
14. "Development Charge" means a charge imposed pursuant to this by-law;
15. "Dwelling Unit" means a room or suite of rooms used, or designed or intended for use by, one person or persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such person or persons, except in the case of a Special Care/Special Need Dwelling, as defined in this By-law, in which case a Dwelling Unit shall mean a room or suite of rooms designated for Residential occupancy with or without exclusive sanitary and/or culinary facilities;
16. "Farm Building" means that part of a farming operation encompassing barns, silos and other Accessory Use to a bona fide Agricultural use or “value add” buildings of a commercial or retail nature for the farming operation or farm help quarters for the farming operation workers but excluding a Residential use;
17. "Grade" means the average level of finished ground adjoining a Building or structure at all exterior walls;
18. "Gross Floor Area" means the Total Floor Area, measured from the outside of exterior walls, or between the outside of exterior walls and the centre line of party walls dividing the Building from another Building, of all floors above Grade, and,
    1. includes the area of a Mezzanine; and
    2. excludes those areas used exclusively for parking garages or parking structures; and
    3. where the building has only one wall or does not have any walls, the total floor area shall be the total of the areas directly beneath any roof-like structure of the building;
19. "Industrial" when used to describe a use or Development, means a use or Development used for, or in connection with:
    1. manufacturing, producing, processing, storing or distributing something;
    2. research or development in connection with manufacturing, producing or processing something;
    3. 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;
    4. office or administrative purposes, if they are:
       1. carried out with respect to manufacturing, producing, processing, storage or distributing of something, and
       2. in or attached to the Building or structure used for that manufacturing, producing, processing, storage or distribution.
    5. does not include self-storage facilities or retail warehouses.
20. "Institutional" means development of a building or structure intended for use:
    1. as a long-term care home within the meaning of subsection 2 (1) of the Long-Term Care Homes Act, 2007;
    2. as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010;
    3. by any institution of the following post-secondary institutions for the objects  of the institution:
       1. a university in Ontario that receives direct, regular and ongoing operation funding from the Government of Ontario;
       2. a college or university federated or affiliated with a university described in subclause (i); or
       3. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institute Act, 2017.
    4. as a memorial home, club house or athletic grounds by an Ontario branch of the Royal Canadian Legion; or
    5. as a hospice to provide end of life care;
21. "Local Board" means a municipal service board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of one or more municipalities or parts thereof, other than a board defined in section 1 (1) of the Education Act and a conservation authority;
22. "Lot Coverage" means the Total Floor Area compared with the total lot area;
23. "Mezzanine" means an intermediate floor assembly between the floor and ceiling of any room or storey and includes an interior balcony;
24. "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 otherwise designed, as long as no building permit or foundation permit is required. A Mobile Home is classified as a Multiple Dwelling for the purposes of this By-law;
25. "Multiple Dwelling" includes all dwellings other than a Single Detached Dwelling, a Semi-detached Dwelling, an Apartment Dwelling, and a Special Care/Special Need Dwelling and includes a Mobile Home;
26. "Non-profit housing development" means development of a building or structure intended for use as residential premises by:
    1. a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary objective is to provide housing;
    2. a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing; or
    3. a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act.
27. "Non-Residential" when used to describe a use or Development, means a use or Development consisting of land, Buildings or structures, or portions thereof, used, or designed or intended for a use other than as a Residential Development;
28. "Official Plan" means the Official Plan of the Township and any amendments thereto;
29. "Owner" means the owner of land or a person who has made application for an approval of the Development of land upon which a Development Charge is imposed;
30. "Place of Worship" means any Building or part thereof that is exempt from taxation as a place of worship pursuant to paragraph 3 of section 3 of the Assessment Act, R.S.O. 1990, c. A.31, as amended or successor legislation;
31. "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended;
32. "Public Hospital" means a Building or structure, or part of a Building or structure, that is defined as a hospital under the Public Hospitals Act, R.S.O. 1990 c. P.40, as amended;
33. "Redevelopment" means the construction, erection or placing of one or more Buildings on land where all or part of a Building on such land has previously been demolished, or changing the use of all or part of a Building from a Residential purpose to a Non-residential purpose or from a Non-residential purpose to a Residential purpose, or changing all or part of a Building from one form of Residential Development to another form of Residential Development or from one form of Non-residential Development to another form of Non-residential Development;
34. "Regulation" means any regulation made pursuant to the Act;
35. "Rental Housing" means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises;
36. "Residential" when used to describe a use or Development, means a use or Development consisting of land, Buildings or structures, or portions thereof, used, or designed or intended for use as a home or residence for one or more individuals, and shall include a Single Detached Dwelling, a Semi-detached Dwelling, a Multiple Dwelling, an Apartment Dwelling, a Special Care/Special Need Dwelling, and the residential portion of a mixed-use Building or structure;
37. "Retail" means lands, buildings, structures or any portions thereof, used, designed or intended to be used for the sale, lease or rental or offer for sale, lease or rental of any manner of goods, commodities, services or entertainment to the public, for consumption or use, whether directly or through membership, but shall exclude commercial, industrial, hotels/motels, as well as offices not located within or as part of a retail development, and self-storage facilities;
38. "Retail Development" means a development of land or buildings which are designed or intended for retail;
39. "Seasonal Structure" means a building placed or constructed on land and used, designed or intended for use for a non-residential purpose during a single season of the year where such building is designed to be easily demolished or removed from the land at the end of the season;
40. "Semi-detached Dwelling" means a Building, or part of a Building, divided vertically into two Dwelling Units each of which has a separate entrance and access to Grade;
41. "Services" means those services designated in Schedule “A” to this By- law;
42. "Single Detached Dwelling" means a completely detached Building containing only one Dwelling Unit;
43. "Stacked Townhouse Dwelling" means a Building, or part of a Building, containing two or more Dwelling Units where each Dwelling Unit is separated horizontally and/or vertically from another Dwelling Unit by a common wall;
44. "Total Floor Area" :
    1. includes the sum of the total areas of the floors in a Building whether at, above or below grade, measured:
       1. between the exterior faces of the exterior walls of the Building;
       2. from the centre line of a common wall separating two uses; or
       3. from the outside edge of a floor where the outside edge of the floor does not meet an exterior or common wall; and
    2. includes the area of a Mezzanine;
    3. excludes those areas used exclusively for parking garages or structures; and
    4. where a Building has only one wall or does not have any walls, the Total Floor Area shall be the total of the area directly beneath any roof-like structure of the Building.

Schedule of Development Charges

1. Subject to the provisions of this By-law, the Development Charges relating to Services shall be determined in accordance with the following:
   1. Council herby determines that the Development or Redevelopment of land, Buildings or structures for Residential and Non-Residential uses will require the provision, enlargement or expansion of the Services referenced in Schedule “A”; and
   2. In the case of Residential Development, or the Residential portion of a mixed-use Development, the Development Charge shall be the sum of the products of:
      1. the number of Dwelling Units of each type, multiplied by,
      2. the corresponding total dollar amount for such Dwelling Unit as set out in Schedule “B”, further adjusted by section 12; and
   3. In the case of Non-Residential Development, or the Non-Residential portion of a mixed-use Development, the Development Charge shall be the sum of the products of:
      1. the Total Floor Area of the Non-residential Development or portion of each type, multiplied by,
      2. the corresponding total dollar amount per square foot of Total Floor Area as set out in Schedule “B”; further adjusted by section 12.

Applicable Lands

1. Subject to the exceptions and exemptions described in the following subsections, this By-law applies to all lands in the Township, whether or not the land or use is exempt from taxation under section 3 of the Assessment Act, R.S.O. 1990, c.A.31 as amended.
2. This By-law shall not apply to land that is owned by and used for the purposes of:
   1. a Board of Education;
   2. any municipality or Local Board thereof;
   3. Non-profit housing development;
   4. a university that receives regular and ongoing operating funds from the government for the purposes of post-secondary education if the development is intended to be occupied and used by the university;
   5. a Place of Worship and land used in connection therewith, if exempt from taxation under section 3 of the Assessment Act, R.S.O. 1990, c. A31, as amended;
   6. a Garden Suite as defined in the Planning Act;
   7. temporary buildings provided that such buildings are removed within two years of the issuance of the building permit;
   8. a building for the sale of gardening and related products provided that such building is not erected before March 15 and is removed before October 15 of each year;
   9. where specifically authorized by a resolution of Council , development, on land where a public facility is being provided.
3. This By-law shall not apply to that category of exempt Development described in section 2(3) of the Act, namely:
   1. an enlargement to an existing residential dwelling unit;
   2. a second residential unit in an existing detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the existing detached house, semi-detached house or row house cumulatively contain no more than one residential unit;
   3. a third residential unit in an existing detached house, semidetached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units;
   4. one residential unit in a building or structure ancillary to an existing detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the existing detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units;
   5. in an existing rental residential building, which contains four or more residential units, the creation of the greater of one residential unit or one per cent of the existing residential units;
   6. notwithstanding the provisions of this By-law, development charges shall not be imposed with respect to the creation of additional dwelling units in proposed new residential buildings, including structures ancillary to dwellings, subject to the following restrictions:
      1. A second residential unit in a new detached house, semidetached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if all buildings and structures ancillary to the new detached house, semi-detached house or rowhouse cumulatively will contain no more than one residential unit;
      2. A third residential unit in a new detached house, semidetached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units; or
      3. One residential unit in a building or structure ancillary to a new detached house, semi-detached house or rowhouse on a parcel of urban residential land, if the new detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the new detached house, semidetached house or rowhouse contains any residential units.
   7. The exemptions and exceptions respecting Industrial Development that are described in section 4 of the Act also apply under this By-law, namely:
      1. if the Gross Floor Area of an existing Industrial Building is enlarged by 50 percent or less the Development Charge in respect of the enlargement is zero;
      2. if the Gross Floor Area of an existing Industrial Building is enlarged by more than 50 percent, the amount of the Development Charge in respect of the enlargement shall be determined as follows:
         1. determine the amount by which the enlargement exceeds 50 percent of the Gross Floor Area before the enlargement;
         2. divide the amount determined in (i) by the amount of the enlargement; and
         3. multiply the Development Charge otherwise payable without reference to this section by the fraction determined in (ii).
      3. THAT for greater certainty in applying the exemption in this section, the total floor area of an existing industrial building is enlarged where there is a bona fide increase in the size of the existing industrial building, the enlarged area is attached to the existing industrial building, there is a direct means of ingress and egress from the existing industrial building to and from the enlarged area for persons, goods and equipment and the existing industrial building and the enlarged area are used for or in connection with an industrial purpose as set out in subsection 1 (1) of the Regulation. Without limiting the generality of the foregoing, the exemption in this section shall not apply where the enlarged area is attached to the existing industrial building by means only of a tunnel, bridge, canopy, corridor, or other passageway, or through a shared below-grade connection such as a service tunnel, foundation, footing or a parking facility.
      4. in particular, for the purposes of applying this exemption, the industrial building is considered existing if it is built, occupied and assessed for property taxation at the time of the application respecting the enlargement.
      5. the exemption for an existing industrial building provided by this section shall be applied to a maximum of fifty percent (50%) of the total floor area before the first enlargement for which an exemption from the payment of development charges was granted pursuant to this By-law or any previous development charges by-law of the municipality made pursuant to the Act, as amended or its predecessor legislation.

Approval for Development

1. Development Charges shall be imposed on al lands, buildings or structures that are developed for residential or non-residential uses if the development requires:
   1. the passing of a zoning by-law or an amendment thereto under section 34 of the Planning Act;
   2. the approval of a minor variance under section 45 of the Planning Act;
   3. a conveyance of land to which a by-law passed under section 50 (7) of the Planning Act applies;
   4. the approval of a plan of subdivision under section 51 of the Planning Act;
   5. a consent under section 53 of the Planning Act;
   6. the approval of a description under section 9 of the Condominium Act, 1998, S.O. 1998, c. 19, as amended; or
   7. the issuing of a permit under the Building Code Act, in relation to a Building or structure.
2. Where a Development requires an approval described in section 4(1) after the issuance of a building permit and no Development Charge has been paid, then the Development Charge shall be paid prior to the granting of the approval required under section 4(1).
3. If a Development does not require a building permit but does require one or more of the approvals described in section 4(1), then, notwithstanding section 9, the Development Charge shall nonetheless be payable in respect of any increased, additional or different Development permitted by any such approval that is required for the increased, additional or different Development.

Other Reductions

1. Notwithstanding any other provision of this by-law, development charges for rental housing development shall be reduced in accordance with the following:
   1. A development charge for a residential unit intended for use as a rented residential premises with three or more bedrooms shall be reduced by 25 per cent;
   2. A development charge for a residential unit intended for use as a rented residential premises with two bedrooms shall be reduced by 20 per cent; and
   3. A development charge for a residential unit intended for use as a rented residential premises not referred to in paragraph 1 or 2 shall be reduced by 15 per cent.
2. Notwithstanding any other provision of this by-law, development charges shall be reduced in accordance with the following:
   1. development charges imposed during the first year the by-law is in force shall be reduced to 80 per cent of the maximum development charge that could otherwise be imposed by the by-law.
   2. development charges imposed during the second year the by-law is in force shall be reduced to 85 per cent of the maximum development charge that could otherwise be imposed by the by-law.
   3. development charges imposed during the third year the by-law is in force shall be reduced to 90 per cent of the maximum development charge that could otherwise be imposed by the by-law.
   4. Development charges imposed during the fourth year the by-law is in force shall be reduced to 95 percent of the development charge that would otherwise be imposed by the by-law.
3. Once proclamation for required amendments to the Act to allow the following exemptions is received by the Lieutenant Governor, the following shall be exempt from development charges:
   1. Affordable residential units; or
   2. Attainable residential units

Local Service Installation

1. Nothing in this By-law prevents Council from requiring, as a condition of an agreement under section 51 or 53 of the Planning Act, that the Owner, at his or her own expense, shall install or pay for such local Services, as Council may require.

Multiple Charges

1. Where two or more of the actions described in section 4(1) are required before 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.
2. Notwithstanding section 9(1), if two or more of the actions described in section 4(1) occur at different times, and if the subsequent action has the effect of increasing the need for municipal Services as set out in Schedule “A”, an additional Development Charge based on the number of any additional Residential units and on any increased Non-residential Total Floor Area, shall be calculated and collected in accordance with the provisions of this By-law.

Service in Lieu

1. Council may authorize an Owner, through an agreement under section 38 of the Act, to substitute such part of the Development Charge applicable to the Owner’s Development as may be specified in the agreement, by the provision at the sole expense of the Owner, of Services in lieu. Such agreement shall further specify that, where the Owner provides Services in lieu, in accordance with the agreement, Council shall give to the Owner a credit against the Development Charge in accordance with the provisions of the agreement and the provisions of section 39 of the Act, equal to the reasonable cost to the Owner of providing the Services in lieu. In no case shall the agreement provide for a credit which exceeds the total Development Charge payable by an Owner to the municipality in respect of the Development to which the agreement relates.
2. In any agreement under section 10(1), Council may also give a further credit to the Owner equal to the reasonable cost of providing Services in addition to, or of a greater size or capacity, than would be required under this By-law
3. The credit provided for in section 10(2) shall not be charged to any Development Charge reserve fund.

Demolition Credits for Redevelopment of Land

1. Where, as a result of the Redevelopment of land, a Building or structure existing on the land was, or is to be, demolished, in whole or in part:
   1. Subject to subsection (5) below, a credit shall be allowed against the Development Charge otherwise payable pursuant to this By-law, provided that where a demolition permit has been issued and has not been revoked, a building permit must be issued for the Redevelopment within five (5) years from the date the demolition permit was issued;
   2. The credit shall be calculated:
      1. in the case of the demolition of a Building, or a part of a Building, used for a Residential purpose, by multiplying the number and type of Dwelling Units demolished by the relevant Development Charge in effect under this By-law on the date when the Development Charge with respect to the Redevelopment is payable pursuant to this By-law; or
      2. in the case of the demolition of a Building, or part of a Building, used for a Non-residential purpose, by multiplying the Nonresidential Total Floor Area demolished, by the relevant Development Charge in effect under this By-law on the date when the Development Charge with respect to the Redevelopment is payable pursuant to this By-law;
      3. No credit shall be allowed where the demolished Building or part thereof would have been an exception under, or exempt pursuant to, this By-law;
      4. Where the amount of any credit pursuant to this section exceeds, in total, the amount of the Development Charge otherwise payable under this By-law with respect to the Redevelopment, the excess credit shall be reduced to zero and shall not be carried forward unless the carrying forward of such excess credit is expressly permitted by a phasing plan for the Redevelopment that is acceptable to the Township’s Treasurer or designate.

Conversion Credits for Redevelopment of Land

1. Where, as a result of the Redevelopment of land, a Building or Structure existing on the land was, or is to be, converted from one principal use to another principal use on the same land:
   1. A credit shall be allowed against the Development Charge otherwise payable under this By-law;
   2. The credit shall be calculated:
      1. in the case of the conversion of a Building or part of a Building used for a Residential purpose, by multiplying the number and type of Dwelling Units being converted by the relevant Development Charge in effect under this By-law on the date when the Development Charge with respect to the Redevelopment is payable pursuant to this By-law; or
      2. in the case of the conversion of a Building, or part of a Building, used for a Non-residential purpose, by multiplying the Non-residential Total Floor Area being converted by the relevant Development Charge in effect under this By-law on the date when the Development Charges with respect to the Redevelopment are payable pursuant to this By-law;
   3. No credit shall be allowed where the Building, or part thereof, prior to conversion would have been an exception under, or exempt pursuant to this By-law;
   4. Where the amount of any credit pursuant to this section exceeds, in total, the amount of the Development Charges otherwise payable under this By-law with respect to the Redevelopment, the excess credit shall be reduced to zero and shall not be carried forward unless the carrying forward of such excess credit is expressly permitted by a phasing plan for the Redevelopment that is acceptable to the Township’s Treasurer or designate; and
   5. Notwithstanding subsections (1) to (4) above, no credit shall be allowed where the building or part thereof prior to conversion would have been exempt pursuant to this By-law or any predecessor thereof.

Timing of Calculation and Payment

1. A Development Charge shall be calculated and payable in full in money or by provision of Services as may be agreed upon, or by credit granted pursuant to the Act or this By-law, on the date a building permit is issued in relation to a Building or structure on land to which a Development Charge applies unless a “Conditional” Building Permit is issued in which case the Development Charges should be calculated and payable when the conditions to the Building Permit have been satisfied.
2. Where a Development Charge applies to land in relation to which a building permit is required, the building permit shall not be issued until the Development Charge has been paid in full unless it is a “Conditional” Building Permit in which case the Development Charges shall be paid when the conditions are satisfied.
3. Notwithstanding subsections (1) and (2), development charges for rental housing and institutional developments are due and payable in 6 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter.
4. Where the development of land results from the approval of a Site Plan or Zoning By-law Amendment made on or after January 1, 2020, and the approval of the application occurred within 2 years of building permit issuance, the development charges under subsection 2(1) shall be calculated based on the rates set out in Schedule “B” on the date of the planning application, including interest. Where both planning application apply, Development Charges under subsection 2(1) shall be calculated on the rates, including interest, set out in Schedule “B” on the date of the later planning application.
5. Interest for the purposes of subsections (3) and (4) above shall be determined as the base rate plus 1%
   1. The base rate shall be equal to the average prime rate on:
      1. October 15 of the previous year, if the adjustment date is January 1,
      2. January 15 of the same year, if the adjustment date is April 1,
      3. April 15 of the same year, if the adjustment date is July 1, and
      4. July 15 of the same year, if the adjustment date is October 1.
   2. The average prime rate, on a particular date means, the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada.
6. Payment of a Development Charge may be deferred subject to terms and conditions set out by Township Policy.

Reserve Funds

1. Monies received from payment of Development Charges shall be maintained in a separate reserve fund for each service and class of service sub-categories set out in Schedule “A”.
2. Monies received for the payment of Development Charges shall be used only in accordance with the provisions of section 35 of the Act.
3. Council directs the Township’s Treasurer to divide the reserve funds created hereunder into separate sub-accounts in accordance with the Service and class of service sub-categories set out in Schedule “A” to which the Development Charge payments, together with interest earned thereon, shall be credited.
4. Where any Development Charge, or part thereof, remains unpaid after the due date, the amount unpaid shall be added to the tax roll for the property on which the Development or Redevelopment occurred and shall be collected in the same manner as taxes.
5. Where any unpaid Development Charges are collected as taxes under subsection (4) above, the monies so collected shall be credited to the Development Charge reserve funds referred to in subsection (1), above.
6. The Township’s Treasurer shall in each year, furnish to Council a statement in respect of the reserve funds established hereunder for the prior year, containing the information set out in section 12 of O. Reg. 82/98.

By-Law Amendment of Repeal

1. Where this By-law or any Development Charge prescribed hereunder is amended or repealed either by order of the Ontario Land Tribunal or by resolution of Council, the Township Treasurer shall calculate forthwith the amount of any overpayment to be refunded as a result of said amendment or repeal.
2. Refunds that are required to be paid shall be paid with interest to be calculated as follows:
   1. Interest shall be calculated from the date on which the overpayment was   collected to the date on which the refund is paid;
   2. The Bank of Canada interest rate in effect on the date of enactment of this By-law shall be used.

By-Law Indexing

1. The Development Charges set out in Schedule “B” of this By-law shall be adjusted annually on January 1, without amendment to this By-law, in accordance with the prescribed index as set out in paragraph 10 of Subsection 5(1) of the Act, and O. Reg 82/98.

By-Law Administration

1. This By-law shall be administered by the Township’s Treasurer.

Schedules to the By-Law

1. The following Schedules to this By-law form an integral part of this By-law:
   1. Schedule A – Schedule of Municipal Services
   2. Schedule B – Schedule of Development Charges

Severability

1. In the event any provision or part thereof, of this By-law is found, by a court of competent jurisdiction, to be void, voidable, unenforceable, or ultra vires, such provision, or part thereof, shall be deemed to be severed, and the remaining portion of such provision and all other provisions of this By-law shall remain in full force and effect.

Headings for Reference Only

1. The headings inserted in this By-law are for convenience of reference only and shall not affect the construction or interpretation of this By-law.

Date By-Law Effective

1. This By-law shall come into force and effect on July 19, 2023.

Date By-Law Expires

1. This By-law will expire at 12:01 AM on July 19, 2033 unless it is repealed by Council at an earlier date.

Repeal

1. By-law 2019-75 is hereby repealed.

Short Title

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.

 General Requirements

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.

Administration and Enforcement

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.

 Infractions

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.

 Indemnification

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

Short Title

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

Definitions

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;

Interpretation

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.

General

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.

Sale of Fireworks

Consumer Fireworks

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.

Pyrotechnic Special Effects Fireworks

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.

Insurance

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.

Exemption

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.

Enforcement

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.

Obstruction

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.

Offences and Penalties

Right of Entry

Severability

Short Title

Definitions

In this by-law:

1. “Corporation” shall mean the Corporation of the Township of Alfred and Plantagenet;
2. “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.
3. “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.
4. “Festival” means the Alfred Country Western Festival, the Wendover Western Festival, the Festival de la Bine and the Ottawa River Festival, which are festivals recognized by the Township’s Council.
5. “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.
6. “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 purchased for resale, or obtained on consignment;
7. “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 2009-50, as amended from time to time;
8. “Owner” shall mean the registered owner of the land and includes a lessee, mortgagee in possession, and the person in charge who occupies the property;
9. “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.

General Requirements

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 without a permit are permitted:
1. During the month of May: on Friday evening (after 5 p.m.), Saturday, Sunday, and Monday of the Victoria Day weekend;
2. During the month of August: on Friday evening (after 5 p.m.), Saturday, Sunday, and Monday of the Civic Holiday week end;
3. During the month of September: on Friday evening (after 5 p.m.), Saturday, Sunday and Monday of the Labor Day week end;
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. )
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).

6. No person shall hold a Garage Sale without prior obtaining a permit from the Township of Alfred and Plantagenet and paying the fees set forth in Schedule “A” attached hereto except for the three week ends where garage sales are free of charge.

7. No person shall hold more than three (3) Garage Sales per calendar within the limits of the Township of Alfred and Plantagenet, in addition to the three week ends where garage sales are free of charge.

Administration and Enforcement

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.

3. Any permit issued under this By-law may be revoked, or any application for a permit may be refused by the By-law Enforcement Officer, or by any person so designated under this By-law, if the application submitted by the Applicant or permit holder contains any false, fraudulent or misleading statement.

Infractions

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.

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.

Short Title

Definitions

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;

General

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.

Grant of Exemption by Council

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

Administration

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.

 Penalties

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.

Definitions

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.

General

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.

Enforcement

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.

Administration

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

Short Title

Definitions 

1. "Corporation" shall mean the Corporation of the Township of Alfred and Plantagenet;
2. "Crosswalk" shall mean:
   
   1. that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks or 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
   2. 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;
3. "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 he 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:
4. "Disabled Person" shall mean:
   1. 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
   2. an individual who holds a disabled person parking permit issued by the M i11istry of Transportation and Communications of Ontario;
5. "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 wit or nearly h  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;
6. "Emergency Vehicle" means ambulance, emergency rescue vehicle, fire truck;
7. "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;
8. "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;
9.  "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;
10. "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;
11. "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 
12. "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;
13. "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;
14. "Prohibited Parking Zone" shall mean the area of untravelled portion of a highway dearly marked as a prohibited parking area by signs place at intervals of no more than 25 metres;
15. "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;
16. "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;
17. "Sidewalk" shall include all parts of a highway as arc set aside for these of pedestrians;
18. "Township" shall mean the Township of Alfred and Plantagenet;
19. ''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;
20. "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 

1. No person shall park a vehicle:

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

   2. 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;

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

   4. on a sidewalk or crosswalk;

   5. 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;
   6. on any bridge or the approaches thereto;
   7. within six (6) metres of any designated crosswalk;
   8. in such manner as to obstruct traffic;
   9. in such a manner as to interfere with the maintaining or construction of a highway;
   10. facing wrong way.
2. 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 November in one year to the first day of April in the following year.
3. No person shall park a vehicle or permit a vehicle to remain parked on any highway:
   1. while the work of removing snow or ice therefrom or clearing of snow therefrom is in progress; or
   2. in such a manner as to interfere with street cleaning operations.
4. No person shall park a vehicle on a highway for the purpose of exhibiting the vehicle or offering the vehicle for sale. 
5. 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 lie 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.
6. No person shall cause or allow the unauthorized use of a permit issued pursuant to this by­law.
7. 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".
8. 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. 
9. 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.
10. 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".
11. 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.
12. No person shall park a vehicle in such manner that it is double parked on any highway at any time.

Administration and Enforcement 

Penalties

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. 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.

Permit Fees

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

Fees Per Type of Application