By-laws and Policies

Policy Statement

The Township of Alfred and Plantagenet wants to establish a community grant program to support events and activities that promote arts, culture, heritage, community development, tourism, or economic development.

Purpose

The purpose of this policy is to establish a defined, objective and transparent process for the submission, evaluation and approval of grant applications for eligible community events.

Definitions

1. "Arts, Culture, and Heritage" means an event in the following sectors: film and video, music, the performing arts, cultural institutions and the visual arts, and can include a film screening, a series of shows, a mural festival, or the inauguration of monuments or other artistic works.
2. "Community development/special events" means an event designed to strengthen community ties, such as a fundraiser, a community party, a monthly dinner, or weekly programming for a target group such as seniors.
3. "Event" means a public event bringing together more than 200 people in the same place. The event may be a one-time or recurring event.
4. "Community Group" means a non-profit organization or an active association recognized by the Township of Alfred and Plantagenet that works for the well-being and influence of the community, or for the enhancement of recreational activities or public entertainment.
5. "In-kind services" means non-monetary support from the Township for the organization of an event. This may involve, for example, the delivery and installation of equipment, the use of facilities (except for community centres) or, exceptionally, logistical support.
6. "Tourism/Economic Development" means an event that has a positive economic impact on our local businesses, or that aims to attract an outside audience to the Township, such as an artisans' or artists' market, a convention, or a major sporting event.

Scope

This policy applies to all community groups eligible for funding under this policy.

Policy Communication

The policy will be posted on the Township's website. Staff will be informed of the new policy through distribution to the Township's Corporate Management Team. A copy of the policy will also be distributed to the township's community groups.

Policy

Annual Budget and Grant Amount

1. The annual budget for the community event grants program will be determined by the Municipal Council during budget discussions, based on the number of applications received. The total budget for the program will be confirmed by the Council's adoption of the municipality's annual budget.
2. The maximum amount obtainable through through this grant is of $3,000, non-refundable. The amount awarded by the municipality may not exceed 25% of the total budget for the event.
3. In addition to a financial contribution, an applicant may receive an additional in-kind contribution of no more than $500. The value of an in-kind contribution is set out in Schedule "A".
4. The Council reserves the right to grant an amount other than that requested by the applicant

Events Eligible for Funding

1. Only the following categories of events are eligible for funding:
   1. Arts, Culture, and Heritage
   2. Community and Special Events
   3. Tourism and Economic Development
2. The proposed event must take place on the territory of the Township of Alfred and Plantagenet, be open to the public, be inclusive to all, and align with the mission, vision, and corporate values of the municipality.

Applicants Eligible for Funding

1. Only a community group in compliance with the requirements is eligible for funding. A community group is not compliant if, for example, it has failed to submit the required final activity report for a previous grant.
2. All grant recipients agree to comply with applicable municipal by-laws and policies, such as preparing an emergency plan for large-scale events, obtaining various permits and civil liability insurance, among others.
3. The Council may, at its sole and absolute discretion, award a grant to an entity that does not meet all of the above criteria, but is unique in its vocation and meets a specific need in the region.
4. A community group may submit only one grant application per year.

Ineligibility for Funding

The following entities and categories of expenditure are not eligible for a grant:

1. Individuals, companies, and for-profit organizations
2. Special interest groups and exclusive membership clubs
3. Events that have already occurred (no retroactive funding)
4. Salaries, travel, purchase of personal equipment or day-to-day operations costs
5. Religious celebrations
6. Fundraising for a small group of individuals (sports teams, school outings, etc.)
7. Events taking place on private property that is not accessible to the public.

Application Process and Submission Period

1. All applications must be completed and submitted, without exception, using the application form reproduced in Schedule "B".
2. The form is available on the Township of Alfred and Plantagenet's website in the Economic Development section under the "municipal grants" tab. A paper copy of the form is also available at Town Hall, during business hours, upon request.
3. The submission speriodwill be from September 1 to October 31 at 4:00 p.m. (or the first business day thereafter, should October 31 fall on a Saturday or Sunday). Applications submitted outside these dates will not be considered.

Evaluation of Applications

1. Following the closing date of the submissions period, applications will be reviewed by an internal committee of the municipal administration.
2. Applications will be reviewed and evaluated according to the following criteria:
   1. 30% - Organizational capacity of the applicant (previous experience, organizational structure, logistics plan, number of volunteers)
   2. 30% - Quality of the event (number of people expected, community partnerships, visibility of the Township)
   3. 30% - Recipient's financial capacity (realistic budget, amount requested does not exceed the operational threshold of 25%, diversified funding sources).
   4. 10% - Economic benefits (economic, tourism, community, artistic legacies)

The members of the evaluation committee will make recommendations to the Municipal Council. The amount recommended by the administration may differ from the initial request.

Disbursement of Funds and Final Report

1. Funds will be released to grant recipients once the annual budget has been approved by the Board. The administration will endeavour to issue funds to recipients by February 15. This date is offered as an indication only and does not commit the Township in any way.
2. Prior to receiving the funds, the recipient will be required to sign a contribution agreement and meet the administrative requirements for the grant.
3. Funds may not be transferred from one type of event to another or from one community organization to another without the prior written consent of the Township.
4. A final activity report must be completed and set to the administration within 60 days of the end of the event.

Township Visibility

1. The recipient shall ensure the Township's visibility in its event sponsorship plan. In particular, the grant recipient must mention the Township's financial support in written communications. A poster with the Township's logo must also be displayed at the entrance of the event. Event organizers will be required to submit proof of compliance with this requirement to the municipality.

Compliance

Policy Statement

1. The Corporation of the Township of Alfred and Plantagenet is committed to providing services to residents in a fiscally responsible manner that supports economic, social and environmental improvement in our community. To ensure sustainability, promote risk management and achieve our set levels of services, the Township must manage its municipal infrastructure assets according to its plans, policies and procedures.
2. The Township’s asset management plan will be in accordance with Ontario Regulation 588/17, (O. Reg. 588/17), Asset Management Planning for Municipal Infrastructure, under the Infrastructure for Jobs and Prosperity Act, 2015.
3. To ensure comprehensive and founded decision-making, the Township and its key stakeholders are committed to updating its municipal infrastructure assets inventory and ensuring its asset management plan aligns accordingly.
4. The Township shall review and update its asset management plan at least five years after the year in which the plan is completed under section 6 and at least five years thereafter (O. Reg. 588/17, section 7 (1)).

5. The Township shall prepare its first strategic asset management policy by July 1, 2019, and shall review and, if necessary, update it at least every five years (O. Reg. 588/17, section 4).

Definitions

Unless otherwise specified, the definitions provided in this policy align with those outlined in O. Reg. 588/17.

1. "Township" means the Corporation of the Township of Alfred and Plantagenet.
2. "Council" means the Council of the Corporation of the Township of Alfred and Plantagenet.
3. "Chief Administrative Officer" means the Chief Administrative Officer of the Corporation of the Township of Alfred and Plantagenet.
4. "Department Heads" means the person responsible for managing the department within the Corporation of the Township of Alfred and Plantagenet.
5. "Finance Department" means the Finance Department of the Corporation of the Township of Alfred and Plantagenet.
6. "Treasurer" means the Treasurer of the Corporation of the Township of Alfred and Plantagenet.

Purpose

1. The purpose of this policy is to provide a framework for implementing asset management to enable a consistent and strategic approach at all levels of the organization, and to provide guidance to staff responsible for asset management.
2. This policy demonstrates an organization-wide commitment to the good stewardship of municipal infrastructure assets, and to improve accountability and transparency to the community through the adoption of best practices, desired levels of service and risk management in the most efficient and effective manner.

Regulation

This policy is in accordance with O. Reg. 588/17. This policy applies to all Members of Council, officers and employees of the Township.

Strategic Alignment

1. The Township’s vision is to proactively manage its assets to best serve its residents, including:
   1. Effectively delivering services in a safe, sustainable and responsible manner.
   2. Effectively meet the agreed service levels through asset lifecycle management, as set out in the Township’s asset management plan.
   3. Supporting sustainability and economic development.
   4. Maintaining prudent financial planning and decision-making.
2. Asset management planning therefore will not occur in isolation from other municipal goals, plans and policies.
3. The Council, CAO and Department Heads will review this policy and incorporate it into the asset management planning approach that fosters the integration of the Township’s strategies and adopted plans. The said documents include, but are not limited to:

   1. The Strategic Plan

   2. The Recreation and Cultural Master Plan

   3. The 10-year Capital Plan

   4. The Official Plan of the Urban Areas of the Township of Alfred and Plantagenet

   5. The Official Plan of the United Counties of Prescott and Russell

   6. The Accessibility Plan

   7. The Development Charges Study

   8. The Tangible Assets Policy

   9. The Procurement and Tendering Procedure

   10. The Investment Policy

   11. The Emergency Plan

 Statutory Requirements

1. The Township’s decision-making process while managing and planning its infrastructure investments should stem from the following key principles, as set out by the Infrastructure for Jobs and Prosperity Act, 2015:
   1. Infrastructure planning and investment should take a long-term view while considering demographic and economic trends.
   2. Infrastructure planning and investment should take into account any applicable budgets or fiscal plans.
   3. Infrastructure planning and investment should clearly identify infrastructure priorities, which will drive investment decisions.
   4. Infrastructure planning and investment should promote economic competitiveness, productivity, job creation, and training opportunities
   5. Infrastructure planning and investment should be evidence-based and transparent. Additionally, subject to any prohibitions under an Act or otherwise by law on the collection, use, or disclosure of information:
      1. Asset management decisions should stem from information that is publicly available or made available to the public, and
      2. Information with implications on infrastructure and investment decisions should be shared between the Government and broader public sector entities, and should factor into investment decisions respecting Infrastructure.
   6. Infrastructure planning and investment should ensure the continued provision of core public services.
   7. Infrastructure planning and investment should minimize the impact of infrastructure on the environment, respecting and help maintain ecological and biological diversity and be resilient to the effects of climate change.
   8. Infrastructure planning and investment should endeavour to make use of acceptable recycled aggregates.
   9. Infrastructure planning and investment should ensure that the health and safety of workers involved in the construction and maintenance of infrastructure assets is protected.
   10. Infrastructure planning and investment should promote community benefits, being the supplementary social and economic benefits arising from an infrastructure project that are intended to improve the well-being of a community affected by the project, such as:
       1. Local job creation and training opportunities (including for apprentices, within the meaning of section 9 of the Infrastructure for Jobs and Prosperity Act, 2015),
       2. Improvement of public space within the community, and
       3. Any specific benefits identified by the community.
   11. Infrastructure planning and investment should promote accessibility for persons with disabilities.
   12. Infrastructure planning and investment should foster innovation by creating opportunities to make use of innovative technologies, services and practices, particularly where doing so would utilize those developed in Ontario. 
   13. Where provincial or municipal plans or strategies have been established in Ontario, under an Act or otherwise, but do not bind or apply to the Township, as the case may be, the Township should nevertheless be mindful of those plans and strategies and make investment decisions respecting infrastructure that support them, to the extent that they are relevant.

Capitalization Thresholds

1. The service rendered by an asset will be the determining factor of whether or not to include it in the asset management plan. It is the assets whose role in service delivery requires deliberate management by the Township that will thus be included in the asset management plan. The service-focus intent of this policy differentiates its requirements for identifying assets from the capitalization thresholds which are developed for the purposes of financial reporting.
2. For this reason, the capitalization threshold developed for financial reporting will not be the guide in selecting the assets covered by asset management planning processes. However, the Tangible Assets Policy may be relied upon to the extent relevant for infrastructure planning and investment, such as including municipal infrastructure assets identified for financial purposes in the asset management plan, at a minimum.

Budgeting

1. The asset management plan and progress made on the plan will be considered annually in the creation of the municipality’s capital budget, operating budget, and 10-year capital plan. Every Department Head will reference the asset management plan for their area in order to:
   1. Look up forecasted spending needs identified in the plan.
   2. Verify progress made on the plan to identify potential gaps.
   3. Prioritize spending needs of new and current capital assets and their impact on future Operating Costs.
   4. Incorporate new revenue tools and alternative funding strategies where possible.
2. The budgets thus prepared by each department will then be processed in accordance with the broader municipal budgeting process.
3. The Finance Department will be involved in asset management planning to facilitate the bridge between:
   1. The financial strategy developed in the asset management plan.
   2. The budget submissions of each department.
   3. The overall budgeting process they ultimately oversee.

Community Planning

1. The Official Plan of the United Counties of Prescott and Russell as well as the Official Plan of the Urban Areas of the Township of Alfred and Plantagenet provide guidance and direction on growth, development, redevelopment and conservation activities within the Township. Without regulating land use, they offer a strategic framework for regulatory tools, such as zoning by-laws, subdivision plans, programs for capital work, municipal budgets and other municipal by-laws. The official plans aim to ensure efficient and effective management of land uses and resources in a fiscally responsible manner and support a balance between the residents’ rights and community needs, with the necessity to conserve and protect the environment.
2. The alignment of the asset management plan with both official plans is critical in driving community development and redevelopment that require new assets, or existing asset enhancements.
3. Parties involved in the development of the asset management plan will reference the direction established in the official plans as well as the methods, assumptions, and data used in its development. The aim of cross-referencing these plans is to ensure that development and redevelopment occur within the Township’s means through an understanding of current and future asset needs.

Climate Change

1. Climate change will be considered as part of the Township’s risk management approach embedded in local asset management planning methods. The Township will evaluate the impact of climate change on its infrastructure and tailor its actions by striking a balance between its organizational capacity, financial and stakeholder support, and the local risks and vulnerabilities related to climate change.
2. The Township’s approach will entail the following actions, but will not be limited to, anticipated costs resulting from potential vulnerabilities, mitigation measures, levels of service delivered through operations, maintenance schedules, adaptation opportunities, emergency planning and contingency and reserve funding.

Stakeholder Engagement

1. The ultimate goal of the Township is to efficiently provide its various stakeholders with the municipal services they need within the bounds of regulatory requirements, the built environment, and the natural environment.
2. In order to achieve this goal, it is necessary that the Township understand the needs of current stakeholders, consider the needs of future generations, and incorporate these perspectives into asset management planning.
3. Accordingly, the Township will:
   1. Provide opportunities for residents and other stakeholders served by the Township to offer input in asset management planning.
   2. Coordinate asset management planning with other infrastructure asset owning agencies such as municipal bodies and regulated utilities.

Responsibilities

1. Asset management planning requires the collaboration of key stakeholders within the Township. Commitment from all parties involved is critical in ensuring successful deployment of the asset management plan.
2. Council
   1. Approve the strategic asset management policy.
   2. Approve by resolution the asset management plan and its updates every five years.
   3. Conduct annual reviews of the asset management plan implementation.
   4. Support ongoing efforts to continuously improve and implement the asset management plan.
   5. Approve strategies and best practices when establishing the final budget.
   6. Consult with Department Heads.
3. Chief Administrative Officer (CAO)
   1. Maintain compliance with the strategic asset management policy and provincial asset management regulation.
   2. Oversee asset management planning implementation and deployment.
4. Treasurer
   1. Develop and update as necessary the strategic asset management policy for Council approval.
   2. Update the asset management plan as necessary for Council approval.
   3. Oversee application of the strategic asset management policy.
   4. Provide support and guidance during the budget process in ensuring integration of the asset management plan.
   5. Coordinate and track the asset management plan program implementation and progress.
   6. Support Council, the CAO and the Department Heads when instituting and incorporating best practices.
5. Department Heads
   1. Oversee asset management planning activities that fall within their service area and in support of others.
   2. Responsible for asset management planning across the Township, with respect to the asset management plan and policy.
   3. Ensure integration of the asset management plan within their service area budgets, while considering current and long-term requirements.
   4. Support the CAO and Treasurer in developing, implementing and updating the asset management plan.

Short Title

1. This By-law may be referred to as the Administrative Penalties System or AMPS By-law.

Definitions

1. "Administrative Fee" means any fee specified in this By-law or set out in the attached schedules.
   
2. "Administrative Penalty" means an Administrative Penalty established by the By-law or set out in the attached schedules.
3. "AMPS" means Administrative Monetary Penalty System.
4. "Authorized Representative" means someone appearing on behalf of a Person in accordance with a written authorization provided upon request to the Clerk, and who is not required to be licensed by any professional body.
5. "Clerk" means the Township Clerk, or any person delegated by them.
6. "Council" means the Council of the Township of Alfred and Plantagenet.
   
7. "Day" means any calendar day.
8. "Designated By-law" means a by-law, or part of a provision of a by-law, that is designated under this or any other by-law and is listed in the attached schedules.
9. "Extension Period" means a period from time to time established by the Clerk.
10. "Hearing Non-appearance Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to appear at the time and place scheduled for a review before a Hearings Officer and listed in the attached schedules.
    
11. "Hearing Decision" means a notice that contains a decision made by a Hearings Officer.
12. "Hearings Officer" means a person who performs the functions of a Hearings Officer in accordance with Section 7 - Review by Hearings Officer - of this By-law, as amended from time to time.
13. "Holiday" means a Saturday, Sunday, any statutory holiday in the Province of Ontario, or any Day the offices of the Township are officially closed for business.
14. "Late Payment Fee" means an Administrative Fee established by Council from time to time in respect of a Person's failure to pay an Administrative Penalty within the time prescribed in this By-law and listed in the attached Schedule "B".
15. "MTO Search Fee" means an Administrative Fee established by Council from time to time for any search of the records of, or any inquiry to, the Ontario Ministry of Transport (MTO), related authority, and listed in the attached Schedule "B".
16. "NSF Fee" means an Administrative Fee established by Council from time to time in respect of payment by negotiable instrument or credit card received by the Township from a Person for payment of any Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn and is listed in the attached Schedule "B".
17. "Officer" means a Municipal Law Enforcement Officer of the Township or other person appointed by or under the authority of a Township By-law Officer to enforce Township by-laws.
18. "Penalty Notice" means a notice given to a Person pursuant to Section 4 - Penalty Notice - of this By-law.
19. "Penalty Notice Date" means the date of the contravention specified on the Penalty Notice, in accordance with Section 4 - Penalty Notice - of this By-law.
20. "Penalty Notice Number" means the reference number specified on the Penalty Notice that is unique to that Penalty Notice, in accordance with Section 4 - Penalty Notice - of this By-law.
21. "Person" includes an individual or a business name, sole proprietorship, corporation, partnership, or limited partnership, or an authorized representative thereof, and, in relation to vehicle, parking, or traffic-related contraventions, whose name appears on the vehicle permit as provided by the Ontario Ministry of Transportation. If the vehicle permit consists of a vehicle portion and licence plate portion, and different Persons are named on each portion, the Person whose name appears on the licence plate portion, as provided by the Ontario Ministry of Transportation, is the Person for the purpose of this By-law.
22. "Regulation" means Ontario Regulation 333/07 under the Municipal Act, 2001.
23. "Request for Extension"  means the prescribed form to be used to request an extension to obtain a Screening or Review by a Screening or Hearings Officer, attached hereto as Schedules "D" and "E".
24. "Request for Review by a Hearings Officer" means the request which may be made in accordance with Section 7 - Review by Hearings Officer - of this By-law for the review of a Screening Decision.
25. "Request for Review by a Screening Officer" means the request made in accordance with Section 6 - Review by Screening Officer - of this By-law for the review of a Penalty Notice.
26. "Request for Review Form" means the prescribed form to be used to request a Review by a Screening or Hearings Officer, attached hereto as Schedule "C".
27. "Review by Hearings Officer" and "Hearing" means the process set out in Section 7 - Review by Hearings Officer - of this By-law.
28. "Review by Screening Officer" and "Screening Review" means the process set out in Section 6 - Review by Screening Officer - of this By-law.
29. "Second Offence Set Penalty" means the second offence set penalty set out in attached Schedule "A" Column A5 for the related contravention if the same violation is repeated by the same person within three hundred and sixty-fixe (365) days of the previous Notice of Penalty being issued in accordance with the By-law.
30. "Screening Decision" means a notice which contains the decision of a Screening Officer, delivered in accordance with Section 6 - Review by Screening Officer - subsection 13 of this By-law.
31. "Screening Non-appearance Fee" means any person who performs the functions of a Screening Officer in accordance with Section 6 - Review by Screening Officer" of this By-law, as designated by the Council.
32. "Third Offence Set Penalty" means the third offence set penalty set out in attached Schedule "A" Column A6 for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law.
    
33. "Township" means the Corporation of the Township of Alfred and Plantagenet.

Application of this By-Law

1. The Township By-laws, or portion of the Township By-laws, listed in the attached Schedule "A" of this By-law shall be Designated By-laws for the purposes of Sections 102.1 and 151 of the Municipal Act, 2001 and paragraph 3(1)(b) of the Regulation. The attached Schedule "A" sets out the short form language to be used on Penalty Notices for the contraventions of Designated By-laws.
2. Schedule "B" of this By-law shall set out Administrative Fees imposed for the purposes of this By-law.
3. The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, does not apply to a contravention of a Designated By-law.

Penalty Notice

1. Every person who contravenes a provision of a Designated By-law shall, upon issuance of a Penalty Notice, be liable to pay the Township an Administrative Penalty in the amount specified in the attached Schedule "A". Where the contravention is in relation to property that is jointly owned, all registered property owners shall be jointly liable for the Penalty.
2. An Officer who has reason to believe that a Person has contravened any Designated By-law may issue a Penalty Notice as soon as reasonably practicable.
3. A Penalty Notice shall include the following information, as applicable:
   1. The Penalty Notice Date.
   2. A Penalty Notice Number.
   3. The date on which the Administrative Penalty is due and payable, fifteen (15) days from service of the Penalty Notice.
   4. The identification number and signature of the Officer.
   5. The contravention wording as listed in the attached Schedules, or other particulars reasonably sufficient to indicate the contravention.
   6. The amount of the Administrative Penalty
   7. Such additional information as the Clerk determines is appropriate, respecting the process by which a Person may exercise the right to request a Screening Review of the Administrative Penalty; and
   8. A statement advising that an unpaid Administrative Penalty, including any applicable Administrative Fee(s), will constitute a debt of the person to the Township unless cancelled pursuant to a Screening Review or Hearing process
4. The amount due for a Penalty Notice is:
   1. The set penalty amount date on which the Administrative Penalty is due and payable, fifteen (15) days from service of the Penalty Notice.
   2. The Second Offence Administrative Penalty set out in Schedule "A" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law; or
   3. The Third Offence Administrative Penalty set out in Schedule "A" for the related contravention if the same violation is repeated by the same person within three hundred and sixty-five (365) days of the previous Penalty Notice being issued in accordance with this By-law.
5. In addition to the service methods provided in Section 8 - Service of Documents - of this By-law, an Officer may serve the Penalty Notice on a Person by:
   1. Affixing it to the vehicle in a conspicuous place at the time of a parking or traffic-related contravention; or
   Delivering it personally to the Person;
   1. When relating to a parking or traffic-related contravention, the Person having care and control of the vehicle at the time of the contravention, within seven (7) days of the contravention; or
   2. for all other contraventions, within thirty (30) days of the contravention.
   2. No Officer may accept payment of an Administrative Penalty or Administrative Fee.
   3. A Person who is served with a Penalty Notice and who does not pay the amount of the Administrative Penalty on or before the date on which the Administrative Notice is due and payable, shall also pay the Township any applicable Administrative Fee(s) as specified in the attached Schedule "B" to this By-law.

Voluntary Payment of Penalty Notice

1. When a Penalty Notice has been paid, the Penalty Notice shall not be subject to any further review.
2. A Penalty Notice shall be deemed to have been paid when the amount and all fees prescribed in the Schedule "B" have been paid.

Review by Screening Officer

1. A Person who is served with a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer and shall do so on or before the date on which the Administrative Penalty is due and payable as defined in Section 4 - Penalty Notice - subsection 3(3) and in accordance with the process set out in Section 6 - Review by Screening Officer - subsection 4.
   
2. If a Person has not requested a Screening Review on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Clerk extend the time to request a Screening Review to a date that is no later than forty-five (45) days after the Penalty Notice Date, in accordance with the process set out in Section 6 - Review by Screening Officer - subsection 4.
3. A Person's right to request an extension of time for a Screening Review expires, if it has not been exercised, or before forty-five (45) days after the Penalty Notice Date, at which time:
   1. The Person shall be deemed to have waived the right to request a Screening Review or request an extension of time for a Screening Review.
   2. The Administrative Penalty shall be deemed to be confirmed; and
   3. The Administrative Penalty shall not be subject to any further review, including a review by any court.
4. A Person's Request for Review by Screening Officer or request for an extension of time to request a Screening Review shall be exercised by a submission in writing, using the Request for Review Form, attached hereto as Schedule "C" or Schedule "D" and in accordance with the directions included therein:
   1. Requests for a Review by a Screening Officer that are not in the prescribed format shall be deemed to be invalid.
5. A Request for Review by Screening Officer or request for an extension of time to request a Screening Review shall be served in accordance with the provisions of Section 8 - Service of Documents - subsection 5 of this By-law.
   
6. A Request for Review by Screening Officer or a request for an extension of time to request a Screening Review shall only be scheduled by the Clerk if the Person makes the request on or before the dates established by Sections 6 - Review by Screening Officer - subsection 1 or 2 of this By-law.
7. The Clerk may grant a request to extend the time to request a Screening Review where the Person demonstrates, to the satisfaction of the Clerk in his or her sole discretion, that the existence of extenuating circumstances prevented the filing of the request within the prescribed timeline.
8. Where an extension of time to request a Screening Review is not granted by the Clerk, the Administrative Penalty and any applicable Administrative Fee(s) are deemed to be confirmed. Notice of this decision will be provided by the Clerk to the Person in accordance with Section 8 - Service of Documents.
   
9. Where an extension of time to request a Screening Review is granted by the Clerk, or when a Screening Review has been requested in accordance with this Section, notice of an Appointment for Screening Review will be provided in accordance with Section 8 - Service of Documents.
10. On a Screening Review, by a Screening Officer, of an Administrative Penalty, the Township will direct the Review by a Screening Officer to proceed by way of written Screening unless, at the discretion of the Township, an in-person or telephone appointment is required.
11. Where a Person fails to provide requested documentation in accordance with a request by a Screening Officer:
    1. The Person shall be deemed to have abandoned the request for a Screening Review of the Administrative Penalty.
    2. The Administrative Penalty as set out in the Penalty Notice shall be deemed to be confirmed
    3. The Administrative Penalty shall not be subject to any further review, including a review by any court; and
    4. The Person shall pay to the Township a Screening Non-appearance Fee, MTO Search Fee, if applicable, and any other applicable Administrative Fee(s).
12. On a review of an Administrative Penalty, the Screening Officer may:
    1. Affirm the Administrative Penalty if the Person has not established on a balance of probabilities that Designated By-law(s) was not contravened as described in the Penalty Notice; or
    2. Cancel, reduce the penalty, and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s), where, in the sole discretion of the Screening Officer, doing so would maintain the general intent and purpose of the Designated By-law, and/or any of the following circumstances exist.
       1. Defective form or substance of the Penalty Notice.
       2. Service of the Penalty Notice did not occur in accordance with Section 6 - Review by Screening Officer.
       3. Undue financial hardship.
13. After a Review by Screening Officer, the Screening Officer shall issue a Screening Decision to the Person, delivered in accordance with Section 8 - Service of Documents - of this By-law.
14. A Screening Officer has no authority to consider questions relating to the validity of a statue, regulation, or by-law or the constitutional applicability or operability of any statue, regulation, or by-law.
15. A Person's Request for a Review by a Screening Officer shall take place within forty-five (45) days upon receipt of the Request for Review Form.

Review by Hearings Officer

1. A Person may request a Review by a Hearing Officer within thirty (30) days of issuance of a Screening Decision in accordance with the Hearings Officer By-law 2023-57, as amended from time to time.
2. If a Person has not requested a Review by a Hearing Officer on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Clerk extend the time to request a Review by a Hearings Officer to a date that is no later than forty-five (45) days after the Screening Decision date, at which time:
3. A Person's right to request an extension of time for a Hearing Review expires, if it has not been exercised, on or before forty-five (45) days after the Screening Decision date, at which time:
   1. The Person shall be deemed to have waived the right to request a Review by a Hearing Officer or request an extension of time for a Review by a Hearings Officer.
   2. The Administrative Penalty shall not be subject to any further review, including a review by any court.
4. A Person's Request for Review by a Hearings Officer or request for an extension of time to request a Review by a Hearings Officer are exercised by a submission in writing, using the Request for Review Form, attached hereto as Schedule "C", or Schedule "E", and in accordance with the directions included therein:
   1. Requests for a Review by a Hearings Officer that are not in the prescribed format shall be deemed to be invalid.
5. A Request for Review by Hearings Officer or request for an extension of time to request a Hearing Review by a Hearings Officer shall be served in accordance with the provisions of Section 8 - Service of Documents - subsection 5 of this By-law.
6. A Request for Review by a Hearings Officer or a request for an extension of time to request a Review by a Hearing Officer shall only be scheduled by the Clerk if the Person makes the request on or before the dates established by Section 7 - Review by Hearings Officer - subsections 1 and 2 of this By-law.
7. The Clerk may grant a request to extend the time to request a Review by a Hearing Officer only where the Person demonstrates, to the satisfaction of the Director, Construction and Protective services in his/her sole discretion that they were not served in accordance with Section 7 - Review by Hearings Officer.
   
8. Where an extension of time to request a Review by a Hearings Officer is granted by the Clerk, or when a Review by a Hearings Officer has been requested in accordance with this Section, Notice of a Hearing will be provided in accordance with Section 8 - Service of Documents.
9. Where a Person fails to appear at the time and place scheduled for a Hearing:
   
   1. The Person shall be deemed to have abandoned the Request for Review of a Hearing
   2. The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall be deemed to be confirmed.
   3. The Screening Decision and the Administrative Penalty and any Administrative Fee(s) shall not be subject to any further review, including a review by any court; and
   4. The Person shall pay to the Township a Hearing Non-appearance Fee, Late Payment Fee, MTO Search Fee if applicable and any other applicable Administrative Fee(s)
10. A Review by a Hearings Officer de novo shall be conducted in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S.22, as amended, and Screening and Hearings Officer By-law no. 2023-57, as amended from time to time.
11. The Parties to a Review by a Hearings Officer shall be the Person seeking review and the Township, who may attend through the Clerk, a Screening Officer, an Officer, or a delegate of any of the above persons.
12. Any information contained in the Penalty Notice is admissible in evidence as proof of the facts certified in it, in the absence of evidence to the contrary. If a Person wishes to challenge the facts contained in the Penalty Notice, they will be required to mark the Request for Review Form accordingly.
13. Upon the conclusion of a Review by a Hearing Officer, the Hearing Officer may:
    1. Confirm the Screening Decision; or
    2. Cancel, reduce the penalty, and/or extend the time for payment of the Administrative Penalty, including any Administrative Fee(s) on the following grounds:
       1. Where the Person establishes on a balance of probabilities that the Designated By-law(s) as described in the Penalty Notice was not contravened.
       2. Where the Person establishes on a balance of probabilities that the cancellation, reduction, or extension of time for payment of the Administrative Penalty, including any Administrative Fee(s), is necessary to relieve any undue financial hardship.
14. A Hearing Officer has no authority to consider questions relating to the validity of a statute, regulation, or by-law or the constitutional applicability or operability of any statute, regulation, or by-law.
15. After a Review by a Hearing Officer is complete, the Hearing Officer shall issue a Hearing Decision to the Person and deliver it in accordance with the Hearing Officer By-law.
16. The decision of the Hearing Officer is final.
17. A Person's Request for a Review by a Hearing Officer shall take place within forty-five (45) days upon receipt of the Request for Review Form.

Service of Documents

1. Any notice of decision, including a Penalty Notice, made pursuant to this By-law, when served in any of the following ways, is deemed effective:
   1. Immediately, when a copy is delivered by personal service to the Person to whom it is addressed  or, in the case of a Penalty Notice relating to a parking or traffic-related contravention, by affixing it to the vehicle in a conspicuous place at the time of the contravention.
   2. On the seventh (7th) Day following the date a copy is sent by registered mail or by regular mail to the Person's last known address.
   3. Immediately upon the conclusion of a copy by electronic mail (i.e. mail) to the Person's last known electronic mail address.
2. For the purpose of Section 8 - Service of Documents - subsections 1(2) and 1(3) of this By-law, a Person's last known address and electronic mail address includes an address, and electronic mail address provided by the Person to the Township as may be required by a form, practice, or policy under this By-law.
3. If a notice document that is to be given or delivered to a Person under this By-law is mailed to the Person at the Person's last known address appearing on the records of the Township as part of a proceeding under this By-law, or sent electronically to an email address that was provided by the Person, there is a presumption that the notice or document is given or delivered to the Person.
4. A Person shall keep their contact information for service current by providing any change in address or electronic mail address to the Clerk when a Person makes a request for an extension of time to Request a Review by a Screening Officer pursuant to Section 6 - Review by Screening Officer - subsection 2 or a Request for a Review by a Hearing Officer pursuant to Section 7 - Review by Hearings Officer - subsection 4.
   1. Absent extenuating circumstances, the Clerk shall not grant an extension of time on the basis that a Person did not receive notice where that Person failed to keep their contact information up to date as required by this part.
5. Where this By-law requires services by a Person on the Township, service shall be addressed to the Clerk, and shall be deemed effective:
   1. Immediately, when a copy is delivered by personal service to the Clerk at the location prescribed on the applicable form or notice.
   2. On the seventh (7th) Day following the date a copy is sent by registered mail or by regular mail to the location prescribed on the applicable form or notice; or
   3. Immediately, with respect to electronic mail.

Administration

1. The Clerk shall administer this By-law and establish any additional practices, policies, and procedures necessary to implement this By-law and may amend such practices, policies, and procedures from time to time as the Clerk deems necessary, without amendment to this By-law.
2. The Clerk shall prescribe all forms and notices, including the Penalty Notice, necessary to implement this By-law and may amend such forms and notices from time to time as the Clerk deems necessary, without amendment to this By-law.
3. Any Administrative Fee(s) prescribed within Schedule "B" of this By-law shall be added to and be deemed part of the penalty amount unless otherwise rescinded by the Hearing Officer.
4. Where an Administrative Penalty is not paid by the date on which the Administrative Penalty is due and payable, the Person shall pay to the Township a Late Payment Fee, in addition to the Administrative Penalty and any applicable Administrative Fee(s).
5. Where a Person makes payments to the Township of any Administrative Penalty, Administrative Fee(s), or Late Payment Fee(s) by negotiable instrument or credit card, for which there are insufficient funds available in the account on which the instrument was drawn, the Person shall pay to the Township the NSF Fee set out in the Township's Fee By-law.
6. An Administrative Penalty, including any Administrative Fee(s), that is confirmed or reduced, or in respect of which the time for payment has been extended, remaining unpaid after the date when it is due and payable, constitutes a debt to the Township owed by the Person.
7. Where an Administrative Penalty involves a vehicle, the Township may notify the Registrar of Motor Vehicles, resulting in plate denial. At the time that plate denial is requested, a plate denial fee will be added in accordance with Schedule "B" of this By-law and shall be added to the total debt owed to the Township.
8. Where an Administrative Penalty, including any applicable Administrative Fee(s) or Late Payment Fee(s), are not paid within fifteen (!5) days after it becomes due and payable, they shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with Section 434.2 of the Municipal Act, 2001.
9. Where an Administrative Penalty is cancelled by a Screening Officer or Hearing Officer, any Administrative Fee(s) are also cancelled.
10. An Authorized Representative is permitted to appear on behalf of a Person at a Review by a Hearings Officer, or to communicate with the Township on behalf of a Person in accordance with a written authorization satisfactory to the Clerk.
11. Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday.
12. A Person claiming financial hardship under this By-law shall provide documented proof of the financial hardship to the Clerk, the Screening Officer, or the Hearings Officer, as applicable.
13. Any Schedule attached to this By-law forms part of this By-law.

Severability

1. Should any provision, or any part of a provision of this By-law be declared invalid, or to be of no force and effect by a court of competent jurisdiction, it is the intent of Council that such a provision, or part of a provision, shall be severed from this By-law, and every other provision of this By-law shall be applied and enforced in accordance with its terms to the extent possible according to law.

Interpretation

1. The Provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Schedule "F", shall apply to this By-law.
2. Where words and phrases used in this By-law are defined in the Highway Traffic Act, but not defined in this By-law, the definitions in the Highway Traffic Act shall apply to such words and phrases.

Effective Date

1. This By-law shall come into force and effect on October 3, 2023.

Minor Corrections

1. The Clerk of the Township of Alfred and Plantagenet is hereby authorized to make any minor modifications or corrections of an administrative, numeric, grammatical, semantic, or descriptive nature or kind to the By-law and Schedule(s) as may be deemed necessary after the passage of this By-law, where such modifications or corrections do not alter the intent of the By-law.

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. 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. 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

Part I - Interpretation

1. Rules of Procedure

The proceedings of the Council and its Committees, the conduct of the Members and the calling of meetings will be governed by the provisions of the Act and the rules and regulations contained in this By-law, and, except as provided herein, the rules of parliamentary procedure as contained in the Robert's Rules of Order.

1. 1. Notwithstanding subsection 1 hereof, the rules and regulations contained in this By-law may be suspended by a two-thirds vote of the Council
   2. The majority of the Council shall decide on all points of order not provided for herein and their decision on such points will be the Rules of Procedure for similar cases in the future.

2. Definitions

"Abstention" shall mean a refusal to vote either for or against a proposal.

"Act" shall mean the Municipal Act, 2001, as amended from time to time.

"Acting Mayor" shall mean the Member of Council appointed, under the By-law, to act from time to time in the place and instead of the Mayor.

"Ad Hoc Committee" shall mean a special purpose committee of limited duration, created by Council to enquire into and report on a particular matter or concern and which dissolves automatically upon submitting its final report unless otherwise directed by Council.

"Advisory Committee" shall mean a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council.

"Chair" shall mean the Mayor or the Acting Mayor or Chairperson at the meeting.

"Chief Administrative Officer" shall mean the Chief Administrative Officer referred to in Section 229 of the Municipal Act, 2001.

"Clerk" shall mean the position appointed pursuant to Section 228 of the Municipal Act, 2001.

"Committee" shall mean a committee of Council and includes Standing Committees, Joint Committees, Ad Hoc Committees, and Advisory Committees.

"Committee Chair" shall mean the Chair of Standing Advisory Committee appointed by Council.

"Committee of the Whole" shall mean all the members presently sitting on Council.

"Council" shall mean the Council of the Corporation of the Township of Alfred and Plantagenet, comprised of the Mayor and four (4) Councillors.

"Debate" shall mean a discussion to put forth reasons for or against, in which a difference of opinion is expressed.

"Closed Session-In Camera" shall mean a meeting, or portion of a meeting closed to the general public.

"Joint Committee" means a committee whose members are from two or more different organizations.

"Local Board" shall mean a public service board or any other board, commission, committee, body, or local authority established or exercising any power under any Act with respect to the affairs or purpose of one or more municipalities, excluding a school board, a conservation authority, a public library board, and a police services board.

"Mayor" shall mean the Head of Council

"Meeting" shall mean any regular, special, or other meeting of a Council, of a local board or of a committee of either of them, where:

1. 1. a quorum of members is present, and
   2. members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council, Local Board, or Committee

"Member" shall mean a member of Council.

"Motion to Receive and File" shall mean a motion which is made for the purpose of acknowledging the particular item, report, or recommendation under consideration, and of having the item, report, or recommendation placed in the records of the Clerk for future reference, with no additional action being taken at that time.

"Motion (Substantive or Main)" shall mean an independent motion complete in itself. A Substantive or Main Motion is a motion to bring before the Council any particular subject; it cannot be made when any other question is on the floor; it takes precedence over no other motions.

"Motion (Subsidiary or Secondary)" shall mean one which affects the disposition of a substantive or main motion, by bringing it to an immediate vote, by delaying, or by deferring a decision thereon.

To Lay on the Table: If there is a reason for the Council to lay the main motion aside temporarily without setting a time for resuming its consideration, but with the provision that it can be taken up again whenever a majority so decides, this can be proposed by the motion To Lay on the Table.

To Move the Question: If it is desired to close debate of a motion or pending motion so that it will come to an immediate vote, this can be proposed by Moving the Question, which shall be in the following words: "I move that the question now be put."

To Limit or Extend Limits of Debate: If it is desired to continue consideration of a motion but debate is consuming too much time, a member can move to place a limit on the longer speeches than under the normal rules, a member can move to place a limit on the debate; on the other hand, if special circumstances make it advisable to permit more or longer speeches than under the normal rules, a motion to do so can be made; or, it may sometimes be desirable to combine the elements of limitation and extension, as in limiting the length of speeches but allowing more speeches per member. All such modifications of the normal limits of debate on a pending motion are proposed by means of the motion to Limit or Extend Limits of Debate.

To Postpone to a Certain Time, Postpone Definitely, Postpone: If the assembly might prefer to consider the main motion later in the same meeting or at another meeting, this can be proposed by moving to Postpone Definitely or simply to Postpone.

To Commit or To Refer: If may be that much time would be required to amend the main motion properly, or that additional information is needed, so that it would be better to turn the motion or resolution over to a committee for study or redrafting before the assembly considers it further. Such action can be proposed by moving to Commit the main question or Refer it to a committee.

To Amend: If a main motion might be more suitable or acceptable in an altered form, a proposal to change its wording (either to clarify or, within limits, to modify the meaning) before the main motion is voted on can be introduced by moving to Amend.

"Notice of Motion" shall mean a written notice, including the names of the mover and seconder, advising Council that the motion described therein will be brought at a subsequent meeting.

"Municipality" means a geographic area whose inhabitants are incorporated.

"Pecuniary Interest" shall include a direct or indirect pecuniary interest of a Member in accordance with the Municipal Conflict of Interest Act.

"Personal Privilege" shall mean the raising of a question which concerns a Member of Council, or the Council collectively, when a member believes that their rights, immunity or integrity of the Council as a whole have been impugned.

"Point of Information" shall mean a request directed to the Mayor, or through the Mayor to another Member or to the staff, for information relevant to the business at hand, but not related to a Point of Procedure.

"Point of Order" shall mean a statement made by a Member of Council during a meeting, drawing the attention of the Mayor to a breach of the Rules of Procedure.

"Policy" shall mean a set of general guidelines that outline the Township's plan for addressing issues and that communicate the organization's vision and its day-to-day operations.

"Position or Opinion" shall mean something believed or accepted as true by a person.

"Presiding Member" shall mean the Mayor or Acting Mayor or Chair of a meeting.

"Procedural Motion" shall mean any motion dealing strictly with procedure on treating and disposing of substantive main motions or on the procedure of Council, and without limiting the generality of the foregoing, includes, but is not limited to the following: motions to extend the time of a meeting, motions to refer, motions to amend, motions to table, motions to postpone, motions to adjourn recess, withdraw a motion, divide a motion, raise a point of order, appeal a decision of the Chair and suspend the rules.

"Privileged Motion" shall mean motions that don't relate to the main motion or pending business but relate directly to the meeting generally. They are matters of such urgency that, without debate, they can interrupt the consideration of anything else. These motions are: to fix the time to which to adjourn, to adjourn, to recess, to raise a question of privilege or call for the order of the day.

"Quorum" shall mean a majority of Members of Council or Committee.

"Recorded Vote" shall mean the recording of the name and vote of every member voting on any matter or question.

"Resolution" shall mean a formal determination made by the Council or a Committee on the basis of a motion, duly placed before a regularly constituted meeting of the Council or a Committee for debate and decision, and duly passed.

"Rules or Rules of Procedure" shall mean the rules and regulations provided by this By-law.

"Standing Committee" shall mean such Committees of Council as are so designated by the Council by by-law or resolution.

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

"Two-thirds Vote" shall mean the affirmative vote of at least two thirds of the Members present and eligible to vote.

Part II - Duties of the Mayor and of the Members

1. Mayor's Duties

   1. It is the role of the Head of Council:
      1. to act as Chief Executive Officer of the municipality;
      2. to preside over Council meetings so that its business can be carried out efficiently and effectively;
      3. to provide leadership to the Council and provide information/recommendations to Council with respect to the role of Council described in this Procedure By-law;
      4. to represent the municipality at official functions; and
      5. to carry out the duties of the Head of Council under this or any other Act.
   2. It is the role of the Head of Council as Chief Executive Officer:
      1. to uphold and promote the purposes of the municipality;
      2. to promote public involvement in the municipality's activities;
      3. to act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally, and internationally; and
      4. to participate in and foster activities that enhance the economic, social, and environmental well-being of the municipality and its residents.
   3. Under the Rules of Procedure, it shall also be the duty of the Mayor as the Chair:
      1. to open the meeting of Council by taking the Chair and calling the members to order;
      2. to receive and submit, in the proper manner, all motions presented by the members;
      3. to put to vote all questions, which are duly moved and seconded, and to announce the result;
      4. to decline to put to vote, motions which infringe upon the Rules of Procedure or which are beyond the jurisdiction of Council
      5. to restrain the members, when engaged in debate, within the Rules of Procedure;
      6. to enforce on all occasions, the observance of order and decorum by the members and any other person present in the Chamber;
      7. to call by name, any member persisting in breach of the Rules of Procedure and to order him/her to vacate the Chamber in which the meeting is being held;
      8. to authenticate by his/her signature, when necessary, all by-laws, resolutions, and minutes of Council;
      9. to inform the council on any Point of Order as seems necessary;
      10. to represent and support the Council, declaring its will and implicitly obeying its decision in all things;
      11. to perform other duties when to do so by a resolution of Council;
      12. If he/she considers it necessary because of grave disorder, to adjourn the sitting without the question being put, or suspend the sitting for a time to be specified by him/her;
      13. to ensure that no person except a member, officer, or employee of the Corporation is permitted to enter upon the floor of the Chamber during the sittings of the Council without permission of the Chair or the Council.

2. Participation of the Mayor in Debate

   1. The Mayor may state relevant facts and his/her position in any matter before the Council without leaving the chair, but to move a motion or debate a question, he/she must first leave the chair.
   2. If the Mayor desires to leave the chair to move a motion or to take part in the debate pursuant to subsection 1 or otherwise, the Mayor will call upon a member to preside until the issue is resolved.

3. Duties of Members

   1. It shall be the duty of a Member of Council to carry out the responsibilities set forth in the Municipal Act, 2001, Section 224 and:
      1. to represent the public and to consider the well-being and interests of the municipality;
      2. to develop and evaluate the policies and programs of the municipality;
      3. to determine which services the municipality provides;
      4. to ensure that administrative policies, practices, and procedures and controllership policies, practices, and procedures are in place to implement the decisions of the Council;
      5. to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
      6. to maintain the financial integrity of the municipality;
      7. to deliberate on the business submitted to Council;
      8. to vote when a motion is put to a vote; and
      9. to respect the Rules of Procedure.

4. Individual Authority - Not Provided

   1. No individual Council Member may direct any member of the staff to perform such duties that have not been authorized by resolution of the Council or by the Chief Administrative Officer

5. Established Policies - Members - Respect

   1. Members of Council shall respect and adhere to the Policies set by the Council and under no circumstances take it upon them individually to circumvent established policies.

6. Council Liaison with Chief Administrative Officer

   1. The Chief Administrative Officer is the only employee that answers to the Council.
   2. Council members will liaise with the Chief Administrative Officer.
   3. All requests from any Member of Council concerning any administrative matter of the Corporation of the Township of Alfred and Plantagenet shall be directed to the Chief Administrative Officer for proper action.

7. Information - By Staff - Members of Council

   1. Council members may request information from members of staff who have been assigned the responsibility of providing information, such as meeting times, copies of documents, and information on standard operating procedures.

8. Questions - Operational Concerns and Complaints

   1. Questions or issues surrounding operational concerns or complaints, excluding basic issues covered in Part II Section 7 shall be directed to the Chief Administrative Officer, who will then direct the questions or issues to the appropriate Department Head.

9. Justification of Absence

   1. Notice from members unable to attend a Council meeting shall be made directly to the Clerk's Office.

 Part III - Council Meetings

1. Inaugural Meetings

   1. In an election year, the inaugural meeting of the Council will be held on the first Tuesday in the month of December at 4:30 p.m., in the Township Administration Building or at such other dates as may be determined by resolution of Council. Amended 2022-61
   2. At the first meeting in December of the new term of office, pursuant to Section 232 (1) of the Municipal Act, a member of Council shall not take his seat until he/she has taken the declaration of office in English or in French on the form established for that purpose.

2. Regular Meetings

   1. The regular meetings of the Council will be held on the first Tuesday of every month, at 4:30 p.m., except in the months of July where the regular meeting of Council will be held on the second Tuesday, and August, where the regular meeting of Council will be held on the third Tuesday of the month, at 4:30 p.m. Meetings of Council shall be held at the Council Chambers in the Township Administration Building, unless otherwise decided upon by the majority of Council. Amended 2022-61
   2. The date, place, and time of the meeting may be changed by the Mayor, if extenuating circumstances exist.
   3. Council may alter the date and/or time of a Council meeting provided that a notice of 48 hours (calculated on open days) is posted on the municipal Website. A Council meeting may also be cancelled within 24 hours in case of an emergency.

3. Special Meetings

   1. A special meeting of the Council will be convened upon being summoned by the Mayor, or upon receipt of the petition of the majority of the members of Council.
   2. Upon receipt of the petition set out above, the Clerk shall summon a special meeting for the purpose(s) and at the time stated in the petition.
   3. Notice setting forth the matters to be considered at such special meeting will be given to all members of Council either by regular or electronic mail, or as otherwise practical, not less than twenty-four hours in advance of the time fixed for the meeting, and the Clerk shall attempt to give such other notice of the meeting to the member by telephone or as otherwise practical within the circumstances.
   4. The Council will not consider or decide on any matter not set forth in the notice calling the special meeting, without the consent, recorded in the minutes, of all the Members of Council.
   5. Notwithstanding this section, on urgent and extraordinary occasions, with the consent of two-thirds of all the members of Council, recorded in the minutes, an emergency special meeting of Council may be called by the Mayor without notice, to consider and deal with such urgent and extraordinary matter.

4. Place of Meeting

   1. All the meetings of the Council will be held in the Council Chamber in the Township Administration Building, 205 Old Highway 17, Plantagenet, Ontario, unless otherwise decided upon by the majority of Council.

5. Seating at the Council Table

   1. Seating at the Council table will be in alphabetical order of members' surnames with the first member in the furthest seat of the Mayor's left.

6. Orientation Meeting

   1. An orientation meeting of the Council shall be considered as an information meeting to newly elected members of Council in order to provide members with the general process of what an elected member could expect such as the inaugural meeting process, how many committees they may sit on as Council representatives and how that translates into meetings, process of a council meeting, protocol, dress codes, payroll, and overview of the budget process.

7. Meetings Open to Public

   1. All meetings shall be open to the public except as provided for in subsection (8). The Mayor may expel any person for improper conduct at a meeting.

8. Closed Session (In Camera) Meetings

   1. Council may, by resolution, close a meeting or part of a meeting to members of the public if the subject matter being considered is:
      1. the security of the property of the Township;
      2. personal matters about an identifiable individual, including Township employees;
      3. a proposed or pending acquisition or disposition of land by the municipality;
      4. labour relations or employee negotiations;
      5. litigation or potential litigation, including matters before administrative tribunals;
      6. advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
      7. a matter in respect of which the Council may hold a closed meeting under another Act;
      8. information explicitly supplied in confidence to the municipality or local board of Canada, a province or territory or a Crown agency of any of them;
      9. a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
      10. a trade secret or scientific, technical, commercial, or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or
      11. a position, plan, procedure, criteria, or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.
   2. A meeting or part of a meeting shall be closed to the public if the subject matter being considered is:
      1. a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission, or other body is the head of an institution for the purposes of the Act; or
      2. an ongoing investigation, respecting the municipality by the Ombudsman appointed under the Ombudsman Act, an Ombudsman or an investigator.
   3. Educational or training sessions:
      1. A meeting may be closed to the public if the following conditions are both satisfied:
         1. the meeting is held for the purposes of educating or training the members;
         2. at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council or committee.
   4. Before holding a meeting or part of a meeting that is closed to the public, the Council shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered, including a closed meeting for educational or training purposes.
   5. Where a meeting or part of a meeting is closed to the public, all persons not specifically invited to remain by the Council shall retire from the Chambers. When in closed session, no one shall leave and re-enter the meeting room without the approval of the Mayor or Committee Chairman.
   6. A meeting shall not be closed to the public during the taking of a vote. However, a meeting may be closed to the public during a vote if:
      1. Part III, Section 8 subsections (1) or (2) permits or requires a meeting to be closed to the public; and
      2. the vote is for a procedural matter or for giving directions or instructions to officers, employees, or agents of the Township or persons retained by or under contract with the Township.
   7. Section 239.1 of the Municipal Act, 2001, permits a person to request an investigation of whether Council has complied with the requirements of the Municipal Act or this Procedure By-law governing a meeting or part of a meeting that was closed to the public.
   8. Members are to ensure that confidential matters disclosed to them during closed meetings are kept confidential. Any member, who contravenes the confidentiality clause, may be subject, by majority vote of the Council, to penalties in accordance with Part III, Section 9 of the Procedure By-law.
   9. Upon resuming open session, the Chair shall state:
      1. the matters which were considered; and
      2. confirmation that no motions were carried in closed session other than procedural motions or directions to staff.
   10. Where Council is in receipt of a report from the Ombudsman or an Investigator reporting his or her opinion that a meeting or part of a meeting appears to have been closed to the public contrary to the provisions of Section 239 of the Municipal Act, 2001, or the Council Procedural By-law, Council shall pass a resolution stating how it intends to address the report.

9. Council Response - Closed Session (In Camera) Meetings

   1. The response of Council Members to enquiries about any matter dealt with during a Closed session-In Camera meeting, prior to it being reported publicly, shall be: the matter is still under advisement, no comment, or words to that effect.
   2. Any violation of process to this regulation will result in exclusion of the offending Council Member, requiring a two-thirds vote, from future closed meetings of Council and that Member shall no longer be provided with correspondence, materials, or information proposed to be dealt with by Members of Council at a closed meeting.
   3. The determination of whether or not a violation of process to the closed meeting provisions of this By-law and the length of the exclusion from closed meetings, if so determined, shall be made by Council at a closed meeting and the issues shall be considered by Council prior to the affected Member being excluded from any closed meeting by a two-thirds vote. The results of Council's deliberation shall be reported publicly.
   4. If the purported violation of the process to the closed meeting provisions of this By-law by more than a Member is to be considered, a separate resolution of Council with respect to each affected member is to be considered.
   5. Notwithstanding Part III Section 9 subsection (1) and (4), the Member affected shall not be permitted to vote on a motion respecting their purported violation of the closed meeting provision of the Procedural By-law, their exclusion from closed meetings, or the length of any such exclusion.
   6. The release of any information about matters dealt with by Council at a closed meeting shall be made by the Mayor or his delegate only upon direction of the majority of Council.
   7. Notwithstanding Part III Section 9 subsection (3), unless Council by vote determines otherwise, upon the public disclosure of any report discussed In Camera, any individual Member may express their own personal position on the item, but shall not refer to or discuss the specific positions or opinions (written or verbal) of other Members or of staff.
   8. Agendas or any items thereon for consideration by Council at a Closed Session (In Camera) meeting shall not be released to the public.
   9. It is the obligation of each Member of Council to keep information confidential and this obligation continues even after the member ceases to be a Member of Council.

10. Enquiries and Answers

    1. Any special enquiry made by a member at a meeting of the Council must be submitted in writing, signed by the member, and referred to the Chief Administrative Officer for response.
    2. A response to such enquiry shall be provided in writing in accordance with the procedures under the Municipal Freedom of Information and Protection of Privacy Act, and distributed to all members of Council.
    3. Should the request involved extraordinary staff research time and production costs, the Council shall be adivsed.

11. Commencement of Meeting

    1. As soon as there is quorum after the hour set for the meeting, the Mayor shall take the chair and call the members present to order.

12. Absence of Mayor

    1. Should the Mayor not be in attendance within fifteen (15) minutes after the time fixed for a meeting, the Clerk shall call the members to order and a Presiding Officer will be appointed from among the members present and will preside until the arrival of the Mayor.
    2. While presiding, the Presiding Officer will have the powers of the Mayor and will be so entitled to vote as a member

13. No Quorum at Beginning of Meeting

    1. The quorum for a Council meeting is three (3) members of Council. Amended 2022-61
    2. If no quorum is present to enable a meeting to commence fifteen (15) minutes after the time fixed for a meeting of the Council, the Clerk shall call the roll and record the names of the members present and the members will stand discharged from waiting further.
    3. If a meeting does not take place because of the lack of a quorum under Part III Section 13 subsection (1), the Council will meet at the next regularly scheduled meeting of the Council or at such other time and place as the Mayor shall announce.
    4. The Clerk shall attempt to give notice of any meeting so rescheduled by telephone, electronic mail or as is otherwise practical within the time available.
    5. During any period where an emergency has been declared by the province or the Municipality, a member of Council, of a local board, or of a committee of either of them who is participating electronically in a meeting (any type including closed sessions) may be counted for the purpose of quorum.

14. Unfinished Business - Quorum Lost

    1. If during the course of a meeting a quorum is lost then the meeting will stand adjourned, not ended, to reconvene at the next regularly scheduled meeting of the Council, or at such other time and place as the Mayor shall announce.
    2. If, in the Mayor's opinion, it is not essential that the balance of the agenda be dealt with before the next regularly scheduled meeting, then the Mayor shall announce that the unfinished business of the Council will be taken up at its next regularly scheduled meeting.
    3. The Clerk shall give notice of any meeting so adjourned and to be reconvened by telephone or as is otherwise practical within the time available.
    4. Prior to adjourning a meeting under this section, the Mayor may recess the meeting to determine if a quorum can be found.

15. Council Chambers

    1. No person shall, except a member of Council or an authorized employee of the Township shall be allowed to come on the Council floor within or outside the Council Bar during the meeting of the Council without permission of the Mayor.
    2. No person except a member of Council or an authorized employee of the Township shall, before or during a meeting of Council, place on the desks of members or otherwise distribute any material whatsoever unless such person is acting with the approval of the Mayor.
    3. Members of Council shall wear proper business attire during the deliberations of Council.

16. Leaving Chambers on Adjournment

At the end of a meeting, the members of Council shall not leave their places until the meeting has been adjourned.

Part IV - Membership on Council

1. Declaration of Office

In accordance with the provision of Section 232 (1) of the Act, no person shall take a seat on Council until the person takes the declaration of office in the form established for the purpose.

Part V - Inaugural Meeting

1. Agenda

   1. At the inaugural meeting of the Council, the agenda shall be as follows:
      1. Opening of the meeting
      2. Declarations of Office
      3. Disclosure of Pecuniary Interest
      4. Adoption of the Agenda
      5. Committee, Board and Commission Appointments
      6. Adoption of Council Minutes
      7. Reports from Departments
      8. Adjournment

Part VI - Order of Proceedings - Agenda and Minutes

1. Agenda in Council

   1. The Agenda for regular meetings of the Council shall be as follows:
      1. Opening of the Meeting
      2. Adoption of the Agenda
      3. Disclosure of Pecuniary Interest
      4. Mayor's Report
      5. Deputations
      6. Consent Agenda
      7. By-laws
      8. Question Period
      9. Motions
      10. Correspondence
      11. Closed Session (In Camera)
      12. Confirming By-law
      13. Adjournment
   2. Regular meetings of the Council shall commence with the Opening of the Meeting and finish with a motion to adjourn, after which Council will stand adjourned.
      1. Opening of the Meeting
      2. Adoption of Agenda: The agenda with amendments or addition shall be submitted to the Council for adoption.
      3. Disclosure of Pecuniary Interest: It is at this point that any member of Council shall disclose any possible conflict of Interest dealing with any item on the agenda or with a matter discussed at a previous meeting from which a member was absent. The member shall also file a written statement of the pecuniary interest and its general nature with the Clerk or the secretary of the committee.
      4. Mayor's Report: The Mayor informs members of his recent and upcoming activities.
      5. Deputations: Every communication, including a petition designed to be presented to the Council, shall be legibly written or printed, and shall be signed by at least one person and filed with the Clerk, seven days prior to the date of the meeting. Any person wishing to address Council shall give notice to the Clerk seven (7) days prior to the date of the meeting and shall be limited in speaking to a maximum of ten (10) minutes or twenty (20) minutes for a delegation of more than three (3) persons.
      6. Consent Agenda: All items listed in the consent agenda section of the agenda shall be the subject of one motion and that motion shall be neither debatable nor amendable; provided however, that any member of Council may ask for any item(s) included in the consent agenda motion to be separated from that motion whereupon the consent motion without the separated item(s) shall be put, and the separated item(s) shall each be considered immediately thereafter. Consent Agenda items include but are not necessarily limited to the following types of matters:
         1. Minutes of Council, Boards, and Committees;
         2. Staff and/or Committee reports previously presented at the Committee of the Whole meeting for which Council did not request additional information and which contain clear recommendations;
         3. Resolution to approve accounts/salaries paid and account payable; or
         4. By-laws in first and second readings.
      7. By-laws: Every By-law is introduced in third reading by means of aa resolution.
      8. Question Period: It is at this point that any member of Council may ask questions to department heads on any matter pertaining to their field of activities. It is also at this point that questions from members of the public, relating to matters listed on the Agenda, may be put.
      9. Motions
      10. Correspondence: All information correspondence will be summarized. Any member may request the reading of a letter. A motion is in order to receive the correspondence. Notwithstanding the foregoing, a motion is in order at any time to take certain actions on any matter pertinent to the correspondence. A motion is in order to receive the correspondence, refer to Committee, or take certain actions on any matter pertinent to the correspondence.
      11. Closed Session: Reports or other matters that are presented to Council under this heading are presented to members so identified by the Mayor and that may remain in the room where the business to be discussed.

Part VII - Rules of Conduct and Debate

1. Address the Mayor

   1. Any member desiring to speak shall so signify their intent in such a manner as the Mayor may direct, and, upon being recognized by the Mayor, will address the Chair.

2. Order of Speaking

   1. When two or more members signify their desire to speak, the Mayor will recognize the member who, in his opinion, signified first and next recognize the other member(s).

3. Rules of Conduct and Debate

   1. No member shall:
      1. speak until they have addressed themself and has been recognized by the Mayor;
      2. disturb another member, or the Council itself, by any disorderly behaviour disconcerting to any member speaking;
      3. use offensive words during the Council or committee meetings against the Council or staff;
      4. speak on any subject other than the subject of debate;
      5. when a subject matter has been discussed in Closed Session - In Camera, and it is to be kept confidential, disclose the subject matter or substance of the proceedings of the Closed Session - In Camera meeting;
      6. disobey the Rules of Procedure or a decision of the Mayor or of the Council on questions of order or practice or upon the interpretation of the Rules of Procedure; and
      7. no member shall contravene the Council Code of Conduct, adopted by By-law 2019-32, as amended, and hereby incorporated by reference.
   2. Where a member has been called to order by the Mayor for failing to observe the provisions of Part VII section 3 subsection 1 and the member persists in any such disobedience after having been called to order by the Mayor, the Mayor may immediately put the question, no amendment, adjournment, or debate being allowed, "That such member be ordered to leave his seat for the duration of the meeting of the Council", but if a member apologizes they may, by vote of the Council, be permitted to retake their seat.

4. Privilege

   1. Where a member considers that the member's rights, immunity, or integrity or the rights, immunity, or integrity of the Council as a whole has been impugned, the member may, as a matter of privilege, rise at any time, with the consent of the Mayor, for the purpose of drawing the attention of the Council to the matter.
   2. Upon being recognized by the Mayor, the member shall state the question of privilege.
   3. The Mayor shall determine the question, or require that the question be seconded and permit a debate and a vote to be held on the question.

5. Point of Order

   1. The Mayor shall preserve order and decide on points of order.
   2. When a member desires to address a point of order, he shall ask leave of the Mayor to raise a point of order and, after leave is granted, he shall state the point of order to the Mayor and sit down and remain seated until the Mayor has decided the point of order.
   3. Thereafter, a member shall only address the Mayor for the purpose of appealing the Mayor's decision to the Council.
   4. If no member appeals, the decision of the Mayor shall be final.
   5. The Council, if appealed to, shall call a vote without debate on the following question: "Shall the Mayor's decision be sustained?" and its decision shall be final.

6. Members Speaking

   1. When a member is speaking, no other member will interrupt the member except to raise a point of order.

7. Question Read

   1. Any member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a member while speaking.

8. Time Limited

   1. No member, without leave of the Mayor, shall speak to the same question, or in reply, for longer than three (3) minutes, except in explanation of a material part of their speech which may have been misunderstood, but they may not introduce a new matter. A right of reply shall be allowed to a Member who has made a substantive motion to Council, and no Member shall, without leave of the Council, speak to the same question or in reply for longer than three (3) minutes.

9. Question

   1. A member may concisely ask a question through the Chair only for the purpose of obtaining information relating to the motion under discussion.
   2. A Member, while asking questions through the Chair, shall at no time put into question the Municipal Employee's personal or professional integrity.

10. Questions Put - No Further Debate

    1. After any question is put by the Mayor, no member shall speak to the question, nor shall any other motion be made until after the result is declared, and the decision of the Mayor as to whether the question has been put, is conclusive.

Part VIII - Voting During Council Meetings

1. All Members Vote

   1. Every member present at a meeting of the Council, when a question is put, shall vote thereon, unless prohibited by statue, in which case it shall be recorded.
   2. Any member who refuses to vote shall be recorded as voting in the negative

2. Unrecorded Vote

   1. The manner of determining the decision of Council on a motion is at the discretion of the Mayor and may be by voice, show of hands, standing, or otherwise.

3. Severability of Question

   1. When the matter under consideration contains distinct recommendations or propositions, upon the request of any member, a vote upon each recommendation or proposition shall be taken separately and no vote shall be required to be taken on the matter as a whole.

4. Recorded Vote

   1. Any member, prior to or immediately subsequent to the taking of the vote, may require that the vote be recorded.
   2. When a recorded vote is requested by a Member on any matter or question, the Clerk shall call each member by name and such member shall announce his vote openly. The members shall be called in alphabetical order.
   3. When a vote is taken, and no dissent is declared, such vote is deemed to be unanimously in favour of the question approved.
   4. If a vote is to be recorded as herein provided, the Clerk shall announce the division, and record them in the minutes.

5. Disputing Vote

   1. If a member disagrees with the announcement of the Mayor that a question is carried or lost, the member may, but only immediately after the declaration by the Mayor, object to the Mayor's decision and require a recorded vote to be taken.

6. Tie Vote

   1. A resolution on which the voting results is a tie shall be declared lost.

7. Voting

   1. When the Mayor calls for the vote on a question, each member shall occupy their seat until the result of the vote has been announced by the Mayor, and during such time, no member shall walk across the room or speak to any other member or make any noise or disturbance. A member who is absent from his seat does not have the right to vote.

8. Disclosure of Pecuniary Interest

   1. When a member, either on their own behalf or while acting for, by, with, or through another, has a pecuniary interest in a matter on the agenda, the member must not attempt in any way, either before, during, or after the meeting, to influence the voting on the matter.
   2. At a meeting where a matter regarding which the member has a pecuniary interest is being discussed, the member must not take part in the discussion of, or vote on, any question in respect of the matter.
   3. At a meeting at which a member discloses a pecuniary interest, or as soon as possible afterwards, the member shall file a written statement of the pecuniary interest and its general nature with the Clerk of the municipality or the secretary of the committee, as the case may be.
   4. At a closed meeting, in addition to complying with the requirements of Part VIII section 8 subsections 1 and 2 above, the member must immediately leave the meeting or part of the meeting during which the matter is under consideration.
   5. If the matter under consideration at a meeting or part of a meeting is to consider whether to suspend the remuneration paid to the member under subsection 223.4 (5) and (6) of the Municipal Act, 2001; the member may take part in the discussion of the matter, including making submissions to Council, and may attempt to influence the voting on any question in respect of the matter, either before, during, or after the meeting. However, the member is not permitted to vote on any question in respect of the matter.
   6. When the interest of a member has not been disclosed by reason of the member's absence from the meeting at which the matter was discussed, the member must disclose the interest at the next meeting of the council, committee, or local board, as the case may be, which the member attends. AT the next meeting attended, the member shall file a written statement of the pecuniary interest and its general nature with the Clerk or the secretary of the committee of local board, as the case may be.
   7. Council shall establish and maintain a registry of each statement and declaration of pecuniary interest which said Registry shall be available for public inspection in the manner and during the time that council determines.

Part IX - Committee of the Whole

1. Procedure

   1. While sitting in Committee of the Whole, the rules governing the procedure of the Council and the conduct of the members shall be observed except that the number of times of speaking on any question shall not be limited, provided that no member speaks more than once until every member who desires to speak has spoken.
   2. Subject to Part III Section 8, the Committee of the Whole may, by resolution go into closed session and may exclude all persons from a meeting or part of a meeting. During such period, all persons not specifically invited to remain by the Committee shall retired from the Chamber.

2. Committee of the Whole

   1. The Committee of the Whole meeting will be held on the third Tuesday of the month, at 4:30 p.m. except during the months of July and August, where there will be no Committee of the Whole meeting. Amended 2022-61
   2. The date, place, and time of the meeting may be changed by the Mayor, if extenuating circumstances exist.
   3. Committee of the Whole meetings shall stand adjourned at 10:30 p.m., but business may e continued upon consent of the majority of Council members present.
   4. Committee of the Whole will consider recommendations to be put before Council for formal approval at a Council meeting, may provide direction to staff on related matters, but will not receive resolutions and/or by-laws.

3. Agenda - Committee of the Whole

   1. Agendas will be formatted as follows but modifications to the matters to be included or the order of business may be made without the requirement of an amendment to this By-law.
   2. The Agenda of the Committee of the Whole meetings shall be as follows:
      1. Opening of the Meeting
      2. Adoption of the Agenda
         1. The agenda with amendments or additions shall be submitted to the Council for adoption.
      3. Disclosure of Pecuniary Interest
         1. It is at this point that any member of Council shall disclose any possible conflict of Interest dealing with any item on the agenda or with a matter discussed at a previous meeting from which a member was absent. The member shall also file a written statement of the pecuniary Interest and its general nature with the Clerk or the secretary of the Committee.
      4. Delegations and Presentations
         1. Any person wishing to address Council shall give notice to the Clerk seven (7) days prior to the date of the meeting and shall be limited in speaking to a maximum of ten (10) minutes or twenty (20) minutes for a delegation of more than three (3) persons.
      5. Reports from Departments/Committees
         1. All reports from Department and/or Committees are presented for discussion and proposed action to be approved at the next regular Council meeting or referred back to the Head of Department for further information.
      6. Notices of Motions
         1. A notice of motion will introduce business that the member intends Council to deal with at the next regular Council meeting and shall be introduced in writing and signed by the mover and the seconder.
      7. Other Items
         1. Any other item not listed on the Agenda, approved with a resolution to adopt the Agenda as amended, by two thirds vote of Council members.
      8. Questions
         1. It is at this point that any member of Council may ask questions to departments heads on any matter pertaining to matters listed on the Agenda. It is also at this point that questions from members of the public, relating to matters listed on the Agenda, may be put.
      9. Adjournment
         1. Members of Council shall not leave their places on adjournment until the Mayor has adjourned the meeting.
   3. Business of Council is considered in the order set out in the Agenda, but the Mayor, with the approval of Council, may change the order of proceedings to better address matters before Council.
   4. Council may not consider a By-law that is not on the Agenda, a Committee Report, or a motion that has not been distributed to members at the same time as the Agenda, unless it has obtained a two-thirds majority vote of the members present.

Part X - Resolutions and Motions

1. Reading

   1. Every motion when seconded shall be received and read by the Mayor, except as provided for by the Rules of Procedure. However, where motions have been distributed or printed in the Agenda, recitals need not be read.

2. Withdrawal

   1. After a resolution has been duly moved and seconded, it shall be deemed to be in the possession of the Council, and it may only be withdrawn before decision or amendment with the permission of the Council

3. No Debate Until Read

   1. No member shall speak on any motion until it is first read, and the mover is entitled to speak first if the member so elects. If debated, the question or motion shall be read again before being put.

4. Motions Ruled Out of Order

   1. Whenever the Mayor is of the opinion that a motion or resolution is contrary to the Rules of Procedure, or is not within its jurisdiction, the Mayor shall rule the motion or resolution out of order.

5. Motions

   1. The following matters and motions with respect thereto many be introduced orally without notice and without leave, except as otherwise provided by the Rules of Procedure;
      1. a point of order or privilege;
      2. presentation of petitions;
      3. to move the question be put; or
      4. to adjourn;
   2. The following motions may be introduced without notice and without leave, except as otherwise provided by the Rules of Procedure:
      1. to refer;
      2. to table, or to postpone, or defer to a date certain;
      3. to amend;
      4. to suspend the Rules of Procedure; or 
      5. any other procedural motion.
   3. Except as provided for in subsection (1) hereof, all motions and resolutions shall be in writing and signed by the mover and the seconder.
   4. The mover and seconder may withdraw a motion or a Notice of Motion at any time prior to the commencement of debates thereon.
   5. All motions and resolutions shall commence with the words "Be it resolved that" and shall be moved and seconded.
   6. There shall never be more than one resolution before the Council at once.
   7. When the resolution under consideration contains two or more proposals, the same shall, at the request of any members of Council, be voted on separately.
   8. Any Member may require the resolution under discussion to be read a second time for their information, at any time of debate, but not so as to interrupt a member speaking.

6. Order of Consideration

   1. When a question is under consideration, no motion shall be received except a procedural motion or motion to amend.
   2. Procedural motions shall be considered immediately upon receipt and shall have precedence and are subject to debate as follows:
      1. To extend the time of the meeting (not debatable);
      2. To move the question be put (not debatable);
      3. To refer (debatable);
      4. To lay on the table (debatable);
      5. To defer to a day certain (debatable);
      6. To adjourn (not debatable);
      7. Any other procedural motion (debatable).

7. Amendment

   1. A motion to amend:
      1. Shall be presented in writing;
      2. Shall be relevant and not contrary to the principle of the report or motion under consideration;
      3. May propose a separate and distinct disposition of a question provided that such altered disposition continues to relate to the main issue, which was the subject matter of the question;
      4. Shall be put in the reverse order to the order in which it is moved;
      5. Only one motion to amend an amendment to the question shall be allowed at once and any further amendments must be to the main question;
      6. Notwithstanding Part X Section 7 subsection 1-4, any amendment(s) to a motion may be placed in the order to be determined by the Mayor as the most logical, practical, and expeditious in all of the circumstances.

8. The Question Now Be Put

   1. A motion that the question be now put:
      1. Is not debatable;
      2. Cannot be amended;
      3. Cannot be moved when there is an amendment under consideration;
      4. Shall preclude all amendments of the main question;
      5. When resolved in the affirmative, the question is to be put forward without debate or amendment;
      6. Cannot be moved by a member who has already debated the question unless another member has subsequently debated the question; and
      7. Can only be moved in the following words, "that the question be now put".

9. Motion to Refer

   1. A motion to defer is debatable. A motion for reference to a committee, board, or commission until it is decided, shall preclude all amendments of the main question and any motion to postpone or defer, or to lay on the table. A motion to refer is debatable.

10. Motion to Lay on the Table

    1. A motion simply to "lay a matter on the table" is debatable but cannot be amended.
    2. A motion to "lay on the table" with some condition, opinion, or qualification added to the option to table shall be deemed to be a motion to postpone or defer made under Part X Section 14.
    3. The matter tabled shall not be considered again by the Council until a motion has been made to take up the tabled matter at the same or subsequent meeting of the Council
    4. A motion to take up a tabled matter is not subject to debate or amendment.
    5. A motion that has been tabled at a previous meeting of the Council cannot be lifted off the table unless notice is given in accordance with Part X Section 15.
    6. A motion that has been tabled and not taken from the table for six months is deemed to be withdrawn, and cannot be taken from the table.

11. Motion to Postpone or Defer

    1. A matter postponed or deferred to a definite date shall have precedence over all other business on such date.
    2. A motion to postpone or defer shall be treated as if it was a motion to lay on the table.

12. Notice of Motion

    1. A Notice of Motion shall:
       1. be in writing;
       2. include the name of the mover and seconder;
    2. All Notices of Motion received by Clerk prior to or at the Notices of Motion segment of the Agenda may be read out by the mover or the Mayor during that segment. Consideration of a motion, of which notice was given pursuant to this section, shall be in order at the next regular meeting.
    3. Prior to Council's consideration of a motion of which notice has been given previously, a revised motion on the same subject, approved by both the mover and the seconder, may be substituted for the original one contained in the Notice of Motion.

13. Dispensing with Notice

    1. Any motion may be introduced without notice if the Council, without debate, dispenses with notice on the affirmative vote of at least two thirds of the members present and voting.

14. Reconsideration

    1. Every motion for reconsideration shall be declared lost unless two thirds of the Council votes therefore. A motion to reconsider can only be made from the prevailing side.
    2. No question shall be reconsidered more than once, nor shall a vote to reconsider be reconsidered.

15. Motion to Adjourn

    1. A Motion to Adjourn:
       1. shall always be in order except as provided by the Rules of Procedure;
       2. when resolved in the negative, cannot be made again until after some intermediate proceedings have been completed by the Council;
       3. is not in order when a member is speaking or during the verification of a vote;
       4. is not in order immediately following the affirmative resolution of a motion for the previous question; and
       5. is not debatable.
    2. A Motion to Adjourn, without qualification, if carried, brings a meeting of the Council to an end.
    3. A Motion to Adjourn to a specific time, or to reconvene upon the happening of a specific event, if carried, suspends the meeting of the Council to continue at such time.

Part XI - By-Laws

1. Reading of By-Laws and Related Proceedings

   1. No by-law, except a By-law to confirm the proceedings of Council, shall be presented to Council unless the subject matter thereof has been considered and approved by the Council at a previous Committee of the Whole meeting.
   2. The Clerk shall endorse on all by-laws enacted by the Council, the dates of the several readings, if any.
   3. Every by-law which has been enacted by the Council shall be numbered, dated, and deposited in the office of the Clerk for safekeeping.
   4. Every by-law shall be under the seal of the Corporation and shall be signed by the Mayor and the Clerk.

Part XII - Committees

1. Committees

   1. Except as provided by the Committee Policy, a Committee shall conform to the rules governing protocol and procedure of Council.

Part XIII - General Provisions

1. Recording Equipment

   1. At the meetings of Council or a Committee, the use of cameras, electric lighting equipment, flash bulbs, recording equipment, television cameras and any other device of a mechanical, electronic or similar in nature used for transcribing of recording proceedings by auditory or visual means by members of the public, including accredited and other representatives of any new media whatsoever, may be permitted and shall be subject to the approval and/or direction of the Mayor or Committee Chair unless otherwise decided by the Council or a Committee.

2. Notice of Council and Committee Meetings

   1. The Township of Alfred and Plantagenet will provide notice of Township Council sessions, committee meetings, budget meetings, financial statements, committee schedules, and changes to the Rules of Procedure. Posting of these notices will be via the Township's website www.alfred-plantagenet.com.

3. Execution of Documents

   1. Whenever the execution of any document is required to give effect to any resolution or By-law of the Township, the Mayor and the Clerk have general authority for and in the name of the Township to execute and to affix the seal of the Township to such documents.

4. Electronic Participation

   1. Members can participate electronically in a Meeting which is open or closed to the public should they be unable to participate in person in the event of a situation or pandemic in which physical distancing, limited gatherings, or quarantine measures are required by local, provincial, or federal public health agencies.
   2. Any Member participating electronically shall be counted in determining whether or not a quorum of members is present at any point in time, and shall have all the rights of any other Member who is participating in person.
   3. The technology used shall enable electronic participation of Members in decision making and ensure the meeting can be open to the public, for example, but not limited to, telephone, video or audio-conferencing.
   4. A Member must give to the Clerk a notice of at least forty-eight (48) hours of their intent to participate electronically in a Meeting unless extraordinary circumstances apply, to ensure the proper technology is enabled to make electronic participation possible.
   5. A member of the public may delegate via electronic participation due to a situation or pandemic in which physical distancing, limited gatherings, or quarantine measures are required by local, provincial, or federal public health agencies.

5. Repeal

   1. That By-law Number 2010-104 and its amendments pertaining to the Rules of Procedure of the Council be and the same are hereby repealed.

6. Effect

   1. This By-law will come in full force and effect on the day of its passing.

7. Short Title

   1. This By-law may be referred to as either the "Procedure By-law" or the "Rules of Procedure".

Short Title

1. This By-law may be cited as the "Property Standards By-law".

Definitions

In this By-law:

1. "Accessory Building" means a detached building or structure, not used for human habitation, that is subordinate to the primary use of the same property;
2. "Apartment Building" means a building containing more than four dwelling units with individual access from an internal corridor system;
3. "Approved" means acceptance by the Property Standards Officer;
4. "Balustrades" means a protective barrier that acts as a guard around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways, or other locations to prevent accidental falls from one level to another. Such a barrier may or may not have openings through it;
5. "Basement" means that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling, above the average exterior finished grade;
6. "Bathroom" means a room containing at least a washbasin and a toilet and bathtub or shower, or two rooms which contain in total at least one washbasin and one toilet and one bathtub or shower;
7. "Boarding House" means a building or portion thereof other than a hotel where lodging with or without meals is provided for compensation to not more than 6 persons exclusive of the proprietor and his family;
8. "Building" means a structure used for or intended for supporting or sheltering any use or occupancy;
9. "Cellar" means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average exterior finished grade;
10. "Commercial Property" means a property used for the sale of goods and for services and for the purposes of this By-law shall include office buildings, public halls, licensed premises and private clubs, and any building that is used in conjunction with these;
11. "Committee" means the Property Standards Committee established under the Ontario Building Code Act, section 15.6;
12. "Corporation" means the Corporation of the Township of Alfred and Plantagenet;
13. "Dwelling" means a building or structure or part of a building or structure, occupied or capable of being occupied, in whole or in part for the purpose of human habitation;
14. "Dwelling Unit" means a room or a suite of rooms operated as a house-keeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping, and sanitary facilities;
15. "Family" means one of more individuals whether or not related by blood, marriage, or legal adoption and including domestic servants, nursing aids, and gratuitous guests, who live together in one dwelling unit and maintain a common household provided that a family which is not related by blood, marriage, or legal adoption shall not exceed four individuals.
16. "Fire Resistance Rating" means the time in hours or fraction thereof that a material or assembly will withstand the passage of flame and the transmission of heat when exposed to fire under specified conditions of test and performance criteria, or as determined by extension or interpretation of information derived therefrom as prescribed in the Ontario Building Code;
17. "First Storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6ft) above grade;
18. "Floor Area" means the space on any storey of a building between exterior walls and required firewalls, including the space occupied by interior walls or partitions, but not including exits, assemblies, vertical service spaces and their enclosing;
19. "Guard" means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through them;
20. "Habitable Room" means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping, or eating purposes;
21. "Industrial Property" means a property use for the manufacturing and/or processing of goods or used for the storage of goods or raw material and any property that is used in conjunction with these uses;
22. "Maintenance" means the preservation and keeping in repair of a property;
23. "Means of Egress" means a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building a floor area, a room, or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building;
24. "Medical Officer of Health" means the Medical Officer of Health of the Eastern Ontario Health Unit
25. "Multiple Dwelling" means a building containing three or more dwelling units;
26. "Multiple Use Dwelling" means a building containing both a dwelling unit and a non-residential property;
27. "Non-Habitable Room" means any room in a dwelling unit other than a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dwelling for public use, and for access to and vertical travel between storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law;
28. "Non-Residential Property" means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences, or erections thereon or therein;
29. "Occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals, or property;
30. "Occupant" means any person or persons over the age of eighteen years in possession of the property;
31. "Officer" means a Property Standards Officer who has been assigned the responsibility for enforcing and administering this By-Law;
32. "Owner" includes:
    1. The person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land and premises were let, and;
    2. A lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property;
33. "Person" means an individual, firm, corporation, associate, or partnership;
34. "Property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile structures, mobile homes, mobile building structures, outbuildings, fences, and erections thereon, whether heretofore or hereafter erected and includes vacant property;
35. "Public Building" means a building which is staffed by government personnel for the purpose of servicing the public;
36. "Repair" includes the provision of facilities the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with this By-law;
37. "Residential Property" means any property that is used or designated for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces, and fences associated with the dwelling or its yard;
38. "Roomer or Lodger" means a person harboured, received or lodged, in a lodging house or boarding house in return for compensation;
39. "Sewage System" means the municipal sanitary sewer system or a private sewage disposal system approved by the Eastern Ontario Health Unit;
40. "Standards" means the standards of the physical condition and occupancy prescribed for property by this By-law;
41. "Toilet Room" means a room containing a water closet and a wash basin;
42. "Yard" means the land other than publicly owned land whether it is vacant or around or appurtenant to the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property.

General Standards for All Property

Maintenance of Buildings and Structures

Standards for Use and Occupancy of Buildings

Occupancy Standards for Dwellings

1. The number of occupants, residing on a permanent basis in an individual dwelling unit, shall not exceed one person for every nine square metres (97 sq. ft.) of habitable floor area. For the purpose of computing habitable floor area, any area with the minimum ceiling height less than 2.1 metres (7 ft) shall not be considered.
2. No room shall be used for sleeping purposes unless it has a minimum width of two metres (6.6 ft) and no floor area of at least seven square metres (75 sq. ft). A room used for sleeping purposes by two or more persons shall have a floor area of at least four square metres (43 sq. ft) per person.
3. Any basement, or portion thereof, used as a dwelling unit shall conform to the following requirements:
   1. each habitable room shall comply with all the requirements set out in this By-law;
   2. floors and walls shall be constructed so as to be damp proof and impervious to water leakage;
   3. each habitable room shall be separated from service rooms by a suitable fire separation and approved under the Ontario Building Code;
   4. access to each habitable room shall be gained without passage through a service room.

Vacant Lands and Buildings

Administration and Enforcement

Authority

1. This By-law shall be read subject to the Building Code Act, S.O. 1992, c.23, as amended from time to time, and whenever the provisions of this By-law conflict or are otherwise inconsistent with provisions of the Building Code Act, the provisions of the Building Code Act be deemed to be incorporated in this By-law.
2. That By-law 55-86 of the former Township of Alfred, By-law 354-86 of the former Village of Alfred, By-law 83-140 of the former Township of North Plantagenet, By-law 86-8 of the former Village of Plantagenet are hereby repealed.
3. This By-law shall come into force on the date it is passed by the Council of the Corporation of the Township of Alfred and Plantagenet

Short Title

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

Definitions

In this By-law:

1. "Applicant" means a person filing an application for a licence under the authority of this By-law.
2. "Council" shall mean the Council of the Corporation of the Township of Alfred and Plantagenet.
3. "Fire Chief" shall mean the Chief of the Alfred and Plantagenet Fire Department or his or her authorized subordinates or assistants.
4. "Licensee" shall mean a holder of a licence issued under this By-law.
5. "Medical Health Officer" shall mean the Medical Health Officer of the Counties of Prescott and Russell or his or her subordinates to whom he or she may designate such authority from time to time.
6. "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.
7. "Parks" shall mean all public parks located within the limits of the Township.
8. "Township" shall mean the Township of Alfred and Plantagenet.
9. "Vehicle" shall mean a vehicle as defined in the Highway Traffic Act, regardless of the fact that the running gear has been removed or not.
10. "Victualing House" shall mean a premise where refreshments or meals are prepared or sold for immediate consumption on the premise or elsewhere, but does not include a premise where only hot beverages are sold or a refreshment vehicle.
11. "Zoning Administrator" shall mean the Zoning Administrator appointed by the Council of the Corporation of the Township of Alfred and Plantagenet.

General Requirements

1. No person shall operate a vehicle from which refreshments are sold for human consumption within the Township without first obtaining a licence as hereafter set out.
2. No person shall, with the following exceptions, operate a vehicle from which refreshments are sold for human consumption within three hundred (300) metres of a victualing house or refreshment vehicle.
   1. Refreshment vehicles with Type "B" licences may be within three hundred (300) metres but not less than ten (10) metres of another refreshment vehicle.
   2. A refreshment vehicle already established at the Wendover Wharf may be within three hundred (300) metres but not less than one hundred fifty (150) metres of a victualing house or another refreshment vehicle.
3. No person shall operate a vehicle from which refreshments are sold for human consumption within ten (10) metres of any building or structure.
4. No person shall operate a vehicle from which refreshments are sold for human consumption on municipally owned lands or parks without prior written consent from the Council.
5. No person shall operate a vehicle from which refreshments are sold for human consumption without having a licence issued under this By-law prominently displayed on the vehicle.
6. No person who operates a vehicle from which refreshments are sold for human consumption shall place or locate any carton, box, or other article, other than a garbage receptacle, outside of the refreshment vehicle.
7. Every person who operates a vehicle from which refreshments are sold for human consumption shall ensure that the garbage or litter resulting from his or her activity is collected and removed from the area.
8. Every person who operates a vehicle from which refreshments are sold for human consumption shall ensure that a garbage receptacle is placed outside of the refreshment vehicle while he or she is vending, and that the garbage is disposed of as required.

Licence Application - Administration

1. The licence may designate the private properties upon which such sales of refreshments may be made. No designation of a private property for the purposes of such sale shall be made unless it is clearly established by the applicant that the owner of the property has consented in writing to the use of his or her property for this purpose.
2. All vehicles so licensed shall be operated only in conformity with the requirements of the Medical Health Officer and the Council may, at any time, revoke any licence issued hereunder.
3. The licence may designate any further terms or conditions of licence deemed necessary.
4. A licence granted hereunder shall, with the following exception, be for the operation of the refreshment vehicle for one calendar year.
   1. A Type "B" licence may be issued for a specific event provided that:
      1. The event is being held for a period of not more than ten (10) days, and
      2. The applicant has furnished details as to the specific event, including its location.

Conditions for Issuance

1. No applicant for a refreshment vehicle licence shall be issued a licence unless:
   1. The applicant is at least eighteen (18) years of age.
   2. The Medical Officer of Health has reported in writing that the refreshment vehicle and equipment is suitable for the purpose of the licence application and is in a sanitary condition.
   3. The Fire Chief has reported in writing that, where applicable, the refreshment vehicle and equipment is suitable for the purpose of the licence application and is in a fire safe condition.
   4. The Medical Officer of Health has reported in writing that, where applicable, the disposal of waste water and sewage from the refreshment vehicle is in accordance with regulations.
   5. The Zoning Administrator has reported in writing that, where applicable, the location and usage conforms to the Zoning By-Law of the Township.
   6. The applicant has specified the make, style, model, and serial number of the refreshment vehicle.
   7. The applicant is the holder of a current motor vehicle permit, where applicable, issued pursuant to the Highway Traffic Act that permits it to be driven on any highway.
   8. The applicant has filed proof of insurance for public liability in the amount of not less than five hundred thousand ($500,000.00) dollars in public liability inclusive of bodily injuries, property damage, and accidental benefits and including damage occasioned by any accident arising out of the operation of the refreshment vehicle in respect of which a licence is applied for.
   9. The application is accompanied by a cheque for the fees in the amount as specified in Schedule "A" of this By-law, and;
   10. The application shall be in the form specified in Schedule "B".

Transfers of Licence

1. No licence issued pursuant to this By-law shall be transferred in any manner.
2. No perseon shall transfer a licence issued pursuant to this By-law in any manner.

Renewal of Licence

1. The licensee shall ensure that, during the period of ninety (90) days prior to the expiration of the licence, his or her vehicle from which refreshments are sold is submitted for inspection, where applicable, as if the applicant was filing an original application, to:
   1. The Medical Officer of Health, and
   2. The Fire Chief,
2. The licensee shall submit a completed application with all the required approvals at least 60 days prior to the expiration of the licence.

Suspension / Revocation

1. The Municipal Law Enforcement Officer may revoke or suspend any or each of the permits issued to any person or close the establishment for cause and without limiting the generality of the foregoing for:
   1. A breach of the law;
   2. Any violation of the provisions of this By-law.
2. The provisions of Subsection 1 of Section 8 - Suspension / Revocation - may be exercised in addition to any prosecution or other legal action
3. Any person contravening any of the provisions of this By-law while under suspension shall be regarded as though no permit has been issued.

Notice of Violation and Closure

1. Upon determination that any violation of the provisions of this By-law or breach of the law has been committed, a notice of violation and closure may be posted on the refreshment vehicle by the Municipal Law Enforcement Officer.
2. Such notice shall stay on the vehicle until a licence has been properly issued.
3. No person shall, at the exception of the Municipal Law Enforcement Officer, remove, deface, or destroy the said notice.

Obstruction

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

Severability

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

Administration

1. 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 is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and amendments thereto.
2. In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of an offence under this By-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted

Repeal

1. By-law Number 2005-70 is hereby repealed.

Short Title

1. This By-law may be referred to as the “Screening and Hearings Officer By-law”.

Definitions

1. "Administrative Penalty" means a monetary penalty imposed for a contravention of a Designated By-law as set out in the Administrative Penalty By-law;
2. "Administrative Penalty By-law" means the Township’s Administrative Penalty By-law and any schedule thereto, as may be amended from time to time;
3. "Clerk" means the Clerk of the Township of Alfred and Plantagenet;
4. "Council" means the Council of the Township of Alfred and Plantagenet;
5. "Hearings Officer" means a person from time to time appointed by Council pursuant to this By-law;
6. "Parent" means a person who has demonstrated a settled intention to treat a child as a member of her or his family whether or not that person is the natural parent of the child;
7. "Penalty Notice" means a notice given to a Person pursuant to section 4 of the Administrative Penalty By-law;
8. "Person" includes an individual, corporation, partnership or limited partnership;
9. "Power of Decision" means a power or right, conferred by or under this By-law and the Administrative Penalty By-law, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any Person:
   1. in the case of a Screening Officer, in respect of a request to review an  Administrative Penalty; and
   2. in the case of a Hearings Officer, in respect of an appeal of a Screening Decision.
10. "Regulation" means the Administrative Penalties, O. Reg. 333/07;
11. "Relative" includes any of the following persons:
    1. spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage;
    2. parent;
    3. child, including a stepchild and grandchild;
    4. siblings and children of siblings;
    5. aunt, uncle, niece or nephew;
    6. in-laws, including mother, father, sister, brother, daughter and son; and
    7. any person who lives with the person on a permanent basis.
12. "Screening Decision" means a notice which contains the decision of a Screening Officer;
13. "Screening Officer" means a person from time to time appointed by Council pursuant to this By-law;
14. "Spouse" means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage; and
15. "Township" means the Corporation of the Township of Alfred and Plantagenet, or any of its authorized employees.

Screening Officer

1. The position of Screening Officer is established for the purpose of exercising the power of Decision in the review of an Administrative Penalty as set out in the Township Administrative Monetary Penalty System By-law.
2. The Screening Officer shall have all of the powers of review as set out in the Township Administrative Monetary Penalty System By-law, and the Regulation.
3. A Screening Officer shall:
   1. be appointed by Council
   2. have knowledge of and experience in administrative law; and
   3. be of good character.

Hearings Officer

1. The position of Hearings Officer is established for the purpose of exercising the Power of Decision in the appeal of a Screening Decision as set out in the Township Administrative Monetary Penalty System By-law.
2. The Hearings Officer shall have all of the powers of review as set out in the Township Administrative Monetary penalty System By-law, and the Regulation.
3. A Screening Officer shall:
   1. be appointed by Council
   2. have knowledge of and experience in administrative law; and
   3. be of good character

General Provisions

1. The following persons are not eligible for appointment as a Screening Officer or a Hearings Officer:
   1. a member of Council;
   2. the Relative of a person referenced in subsection 5.1a);
   3. in the case of a Hearing officer, an employee of the Township, or
   4. a person indebted to the Township other than
      1. in respect of current real property taxes; or
      2. pursuant to an agreement with the Township the terms with which the person is in compliance.
2. A Screening Officer shall be appointed for such period and subject to such terms and conditions as may be determined by Township staff in accordance with the Township’s employment or contract policies and guidelines.
3. A Hearings Officer shall hold office for the term of two years and thereafter until a Hearing Officer is reappointed or a successor is appointed pursuant to this By-law or is no longer required by the Township.
4. No person shall attempt to directly or indirectly, communicate with or influence a Screening Officer or a Hearing Officer respecting the determination of an issue respecting a Delegated Power of Decision in a proceeding that is or will be pending before the Screening Officer or Hearings Officer except a person who is entitled to be heard in the proceeding or the persons lawyer or licensed representative and only by the person or the persons lawyer or licensed representative during the hearing of the proceeding in which the issue arises.
5. Section 5.4 does not prevent a Screening Officer or a Hearings Officer from seeking and receiving legal advice.
6. Every person who contravenes any provision of this By-law is guilty of an offence and is liable, upon conviction, to a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, and the Municipal Act 2001, as both may be amended from time to time.

Effective Date and Validity

1. This By-law shall come into force at the date of its passing.

Title

Definitions

Interpretation

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

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

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

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

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

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

General Requirements

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

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

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

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

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

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

Permits

Application for a Permit

Cancellation and Revocation

Inspections Required

Enclosure Specifications General Specifications

Chain Link Construction Specifications

Vertical Board Construction Specifications

Wrought Iron, Aluminum, or Vinyl Type Construction Specifications

Above Ground Pools

Hot Tubs

Temporary Enclosures

Exceptions

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

Transition or Retrofitting

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

Compliance

Enforcement Orders

Enforcement

Repeal 

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

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

Fees Per Type of Application

Definitions

1. "Unit", as referred to hereinafter means a single-family dwelling, each apartment within a multiple-family dwelling, any other premises considered to constitute a separate part of the principal dwelling/residence whether used for warehousing purposes, commercial purposes, or other purposes.

General

1. A water service rate is hereby imposed upon the owners or occupants of lands, located in ward 1 and ward 3, who are supplied with water to pay for the operation, repair, and maintenance of the waterworks which may include a charge for depreciation, deferred maintenance, capital expenditures, or a reserve fund for any such purpose.
2. The following Alfred/Lefaivre rates are hereby imposed upon the owners or occupants of lands within the limits of the service area in Alfred and Lefaivre in accordance with the amounts hereinafter indicated:
   1. The minimum water service rate shall be a flat rate of $311.84 against each user of the water system plus a fee of $1.27 per cubic metre as obtained by a water meter reading.
   2. Special flat rates are imposed under Schedule "A" for commercial and/or other users in addition to the fee of $1.27 per cubic metre as obtained by a water meter reading.
   3. Other exceptional rates shall be calculated in accordance with Schedule "B" of this By-law.
3. A sewer service rate is hereby imposed upon the owners or occupants of lands who are within the limits of the serviced area in Alfred to pay for the operation, repair, and maintenance of the sewer operations and capital expenditures which may include a charge for depreciation, deferred maintenance, or a reserve fund for any such purpose.
4. The following Alfred Sewage Service Rates are hereby imposed upon the owners or occupants of lands within the limits of the serviced area in Alfred in accordance with the amounts hereinafter indicated and shall apply thereafter unless amended by By-law. A fee of $0.08 per cubic metre as obtained by a water meter reading in addition to the applicable classes below:
   1. Class A - Residential (per unit): $313.20
   2. Class B - Store or restaurant (without a public bathroom): $381.32
   3. Class C - Store or restaurant (with a public bathroom): $416.60
   4. Class D - Hotel, Barber & Hairdresser (apartment included): $531.97
   5. Class E - Garage: $596.08
   6. Class F - Dwelling-house outside the limit of the Village of Alfred: $833.22
   7. Class G:
      1. College of Agriculture (030-001-28800): $22,413.45
      2. École St-Victor (030-001-30200): $10,251.73
      3. Motel Rouleau (030-001-05300-502): $1,496.58
      4. Auberge Plein Soleil (030-001-15000): $2,012.52
      5. Pension du Bonheur (030-001-23800): $1,868.32
5. Where a property was razed by fire or was damaged by fire, so as to render it substantially unusable for the purposes for which it was used immediately prior to the damage and upon application to the Treasurer, under section 357 of the Municipal Act, 2001, the Treasurer shall reduce the flat fee service charge on a pro-rated basis for the number of days remaining. And where the water meter has been destroyed because of the fire, the $1.27 rate per cubic metre of consumption shall be calculated on the last four available meter readings' average.
6. If a meter fails to register, the consumer will be charged a minimum consumption based upon the last four available meter readings' average.

Payment

1. The due dates for eligible water and sewer quarterly billings shall be:
   1. The last working day of April (for the period of January to March).
   2. The last working day of July (for the period of April to June).
   3. The last working day of October (for the period of July to September); and
   4. The last working day of January (for the period of October to December).
2. All payments can be made in person at City Hall, by mail, or at a financial institution. The Municipality also offers a pre-authorized payment plan on due dates.
3. Payments made by mail shall be deemed received by the Municipality on the date it is received at the municipal office. It is the taxpayer's responsibility to consider a certain time limit imposed by Canada Post (or any other courier company).

Administration

1. Payments made through Electronic Funds Transfer (EFT) shall be deemed received by the Municipality on the date the funds are received in the Municipality's bank account. It is the taxpayer's responsibility to consider a certain time limit imposed by the financial institution.
2. The Treasurer may accept partial payments for water and/or sewer services at any time during the year.
3. There shall be imposed an interest charge of 1.25% on non-payment or late payment of charges and fees on the first day of each calendar month during which the default continues and all By-laws and parts of By-laws inconsistent with this policy are hereby rescinded.
4. If and where thirty (30) days after an instalment has become due for the payment of the rates provided for by this By-law, the same remains unpaid, the Treasurer may add them to the tax roll and collect them in the same manner as municipal taxes.
5. Notwithstanding subsection 7 of Section 3 - Payment - the Township may opt to shut off the supply of water. If and when thirty (30) days after an instalment has become due for the payment of the rates provided for by this By-law, the same remain unpaid, the Treasurer may notify the owner or occupant of the premises with respect to which default has occurred that unless the charges are paid within fourteen (14) days of the mailing of the said notice, or by certified or registered mail, the supply of water to the premises in question shall be shut off.
6. A service charge of $50.00 shall be levied for turning on or shutting off any water service.
7. At the time of sale, an administrative fee of $45 will be imposed for a final meter reading on the closing date. If the reading fee is not paid before the final invoice is issued, it will be added to the final invoice.
8. That it shall be the responsibility of the owner to inspect the water meter and plumbing periodically to ensure no leaks are visible and shall report said leaks or defects immediately to the Municipality. The Municipality shall not be held responsible for any damages from such leaks nor for the repairs and shall not be responsible for crediting the owner for water wasted.
9. No person, being the owner, occupant, or tenant of any house, building or other institution supplied with water by the Township, shall rent, sell, or dispose of water, or give away or permit the same to be carried away or used, or apply such water to the use or benefit of any other person unless expressly authorized by the Township.
10. No person or persons, except the Ministry of Environment, OCWA or those acting under their direction or authority, and municipal employees shall open or close any valve hydrant or gate in the street mains, or molest or interfere with the same in any manner.

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.

Repeal 

1.  By-laws 2023-15 and 2023-16 are hereby repealed.

Effective Date

1.  This By-law shall be deemed to have come into force and effect as of the first day of January 2024.

Schedule "A" to By-law 2024-14

Water Service Rates - User Charges

1. The minimum annual rate of $311.84 shall be charged with respect to:
   1. Each domestic unit in a multiple unit dwelling connected to the waterworks.
   2. Each separate dwelling on the same property connected to the waterworks.
   3. Each other user for which a higher or lower minimum rate is not listed below.
2. Notwithstanding Section 1 of Schedule "A", the minimum rate for closed businesses, identified by an asterisk *, shall be $311.84.
3. Rates may be revised by the administration and the construction department if a change of use occurs.

Special Commercial Rates

Restaurants, Snack Bars, and Chip Stands

1. Le P'tit Canot Restaurant (010-006-03600): $311.84
2. Miss Alfred Resto (030-001-00200): $311.84
3. Poulet Maniac Restaurant (030-001-09600): $311.84
4. Le Chardo Restaurant (030-001-10800): $1,026.87
5. Le Chardo Restaurant (030-001-10900): $1,256.63
6. Landriault Snack Bar (030-001-13800): $311.84
7. Tim Hortons (030-001-13800): $676.63

Stores and Hardware Stores

1. Marché du Coin (010-001-10200): $311.84
2. Matériaux Pont-Masson (010-005-03400): $311.84
3. Marché aux Puces (010-005-04700): $311.84
4. 850743 Ontario Inc. (010-006-03700): $533.20
5. J.P. Design (010-006-04001): $311.84
6. Nourriture pré-emballée (010-006-04450): $311.84
7. Les Petites Gâteries (030-001-02400): $311.84
8. Les armoires Séguin (030-001-05100): $311.84
9. Liquor Control Board Ontario (030-001-08100): $676.63
10. Subway (030-001-08100): $676.63
11. Bijouterie Markor (030-001-08200): $311.84
12. Pharmacie PharmaChoix (030-001-08200): $311.84
13. (030-001-08300): $311.84
14. Valu-Mart (030-001-08600): $533.20
15. Bureau de l'Union Culturelle (030-001-09100): $311.84
16. Service ProMarc (030-001-12600): $311.84

Convenience Stores

1. 124952 Canada Inc. (010-006-02000): $311.84
2. Dépanneur Lalonde (030-001-05600): $311.84
3. Dépanneur Lamarche (030-001-15800): $623.63

Garages

1. Maurice Laniel (010-001-06900): $311.84
2. Francois Brisebois & Nathalie Normand (010-001-11800): $311.84
3. Carrière & Poirier Equipment (010-001-11800): $311.84
4. PiiComm (010-005-03475): $311.84
5. 2134214 Ontario Inc. (010-006-01210): $311.84
6. Garage Jean-Guy Lamarche Ltd. (030-001-03000): $311.84
7. Besner Carwash (030-001-12350): $676.63
8. Séguin H. Garage Inc. (030-001-21500): $311.84
9. Leduc Bus Lines Ltd. (030-001-25241): $676.63

Hotels and Taverns

1. Hôtel Lefaivre (010-001-12800): $311.84
2. Bar PRescott (030-001-03200): $676.63
3. Restaurant Milano (030-001-11300):  $988.45

Hairdressers, Barbers, Tanning Studios, Etc.

1. Salon André (030-001-02000): $311.84
2. Salon Création Chantal (030-001-04800): $311.84
3. Salon Suzanne (030-001-08000): $311.84
4. Salon Marie-Pier (030-001-15800): $311.84
5. Salon Raymond Lalonde (030-001-16000): $311.84

Dentists and Medical

1. Clinique dentaire Alfred (030-001-13400): $533.20
2. Motel Rouleau (030-001-05520): $311.84

Funeral Homes

1. Lamarre & Fils Directeurs de funérailles (030-001-04400): $311.84

Offices and Professional Buildings

1. Townhall Ward #1 (010-001-07200): $311.84
2. (Local vide) (010-005-03700): $311.84
3. Townhall Ward #3 (030-001-02200): $311.84
4. Caisse Populaire (030-001-05000): $311.84
5. (Local vide) (030-001-05000): $311.84
6. (Local vide) (030-001-05000): $311.84
7. Hydro 2000 Inc. (et OCWA) (030-001-10200): $533.20
8. (030-001-10400): $311.84
9. Alfred Food Bank (030-001-10400) $311.84
10. Canada Post Corporation (030-001-11500): $311.84
11. Banque Alimentaire d'Alfred (030-001-11500): $623.63
12. National Bank of Canada (030-001-15100): $311.84

Institutional and Community Centres

1. Community Centre Ward #1 (010-001-08750): $533.20
2. Centre d'Accueil Mon Chez-Nous (010-001-11300): $2,250.66
3. Community Centre Ward #3 (030-001-05525): $311.84
4. Chevaliers de Colomb (030-001-08500): $533.20
5. Auberge Plein Soleil (030-001-15000): $3,857.16
6. Pension du Bonheur Inc. (030-001-23800): $2,728.40
7. University of Guelph (030-001-28800): $10,258.74
8. École élémentaire catholique St-Victor (030-001-30200): $6,825.64

Commercial and Industrial

1. (010-001-07500): $311.84
2. Les Entreprises HDJS Gascon Limitée (010-001-07530): $311.84
3. Butches to Go Inc. (010-001-14520): $311.84
4. MJL Formworks Inc. (020-006-01904): $533.20
5. Transport (010-006-03800): $311.84
6. Dr. Marcel Feldman (030-001-03600): $311.84
7. FERCA (030-001-28800): $311.84

Motels and Inns

1. Prescott Condominium Lodge (010-001-20010): $311.84
2. Evergreen Camping (010-006-00900): $1,334.58
3. Motel Rouleau (030-001-05520): $311.84
4. Motel Rouleau (030-001-05300): $676.63

Others

1. Roman-Catholic Episcopal (030-001-02800): $311.84
2. Roman-Catholic Episcopal-Presbitaire (030-001-02700): $623.63

Schedule "B" to By-law 2024-14

1. Where meters cannot physically be installed and water service is not connected to the property, the water service charge shall be a flat fee equivalent to 1 residential unit or $311.84 per unit for the year.
2. Where owner refuses the installation of a water meter, the water service charge shall be a flat fee equivalent to 2.60 units times the fixed rate or #810.78 per unit for the period of January 1, 2024, to December 31, 2024.

Definition

For the purpose of this By-law:

1. The term "unit" when employed in conjunction with a flat rate shall correspond to:
   1. Single family dwelling = 1 unit.
   2. Residence and one apartment = 2 units.
   3. Residence and one apartment and one commercial activity = 3 units.
   4. Duplex = 2 units.
   5. Triplex = 3 units.
   6. Each additional apartment shall be counted as one additional unit.
   7. Each commercial activity shall be counted as one additional unit.
2. The term "unit" when referring to a metered unit shall mean a cubic metre.

General

1. The following rates shall be imposed effective January 1, 2024, and shall apply thereafter unless amended by By-law:
   1. A basic rate of $231.20 per year shall be charged per unit for all units serviced by the Plantagenet Waterworks System plus a fee of $2.56 per cubic metre as obtained by a water meter reading.
   2. A basic rate of $386.12 per year shall be charged per unit for all units serviced by the Plantagenet Sanitary Sewer Works System plus a fee of $0.62 per cubic metre as obtained by a water meter reading.
   3. Other exceptional rates shall be calculated in accordance with Schedule "A" of this by-law.
2. Where a property was razed by fire or was damaged by fire, so as to render it substantially unusable for the purposes for which it was used immediately prior to the damage and upon application to the Treasurer under section 35 of the Municipal Act, the Treasurer shall reduce the flat fee service charge on a prorated basis for the number of days remaining. And where the water meter has been destroyed because of the fire, the cubic metre consumption shall be calculated on the last four available meter readings' average.
3. If a meter fails to register, the consumer will be charged a minimum consumption based upon the last four available meter readings' average.
4. The due dates for eligible water and sewer quarterly billings shall be:
   1. The last working day of April (For the period of January to March).
   2. The last working day of July (for the period of April to June).
   3. The last working day of October (for the period of July to September); and
   4. The last working day of January (for the period of October to December).

Payment

1. All payments can be made in person at the Town Hall, by mail, or at a financial institution. The Municipality also offers a pre-authorized payment plan on due dates.
2. Payments made by mail shall be deemed received by the Municipality on the date it is received at the municipal office. It is the taxpayer's responsibility to consider a certain time limit imposed by Canada Post (or any other courier company).
3. Payment made through Electronic Funds Transfer (EFT) shall be deemed received by the Municipality on the date the funds are received in the Municipality's bank account. It is the taxpayer's responsibility to consider a certain time limit imposed by the financial institution.

Administration

1. The Treasurer may accept partial payments for water and/or sewer services at any time during the year.
2. There shall be imposed an interest charge of 1.25% on non-payment or late payment of charges and fees on the first day of each calendar month during which the default continues and all by-laws and parts of by-laws inconsistent with this policy are hereby rescinded.
3. If and when thirty (30) days after an instalment has become due for the payment of the rates provided for by this By-law, the same remains unpaid, the Treasurer may add them to the tax roll and collect them in the same manner as municipal taxes.
4. Notwithstanding subsection 3 of section 4 - Administration, the Township may opt to shut off the supply of water. If and when thirty (30) days after an instalment has become due for the payment of the rates provided for by this By-law, the same remain unpaid, the Treasurer may notify the owner or occupant of the premises with respect to which default has occurred that unless the charges are paid within fourteen (14) days of the mailing of said notice, or certified or registered mail, the supply of water to the premises in question shall be shut off.
5. A service charge of $50.00 (fifty dollars) shall be levied for turning on or shutting off any water service.
6. At the time of sale, an administrative fee of $45 (forty-five dollars) will be imposed for a final meter reading on the closing date. If the reading fee is not paid before the final invoice is issued, it will be added to the final invoice.
7. That it shall be the responsibility of the owner to inspect the water meter and plumbing periodically to ensure no leaks are visible and shall report said leaks or defects immediately to the Municipality. The Municipality shall not be held responsible for any damages from such leaks nor for the repairs and shall not be responsible for crediting the owner for water wasted.
8. No person being the owner, occupant, or tenant of any house, building, or other premises supplied with water by the Township shall rent, sell, or dispose of such water or give away or permit the same to be carried away or used to apply such water to the use or benefit of any other person unless expressly authorized by the Township.
9. No person or persons, except the Ministry of the Environment, OCWA or those acting under their direction or authority, and municipal employees may open or close any valve hydrant or gate in the street mains, or molest or interfere with the same in any manner.

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

Repeal

1. By-law 2023-17 is hereby repealed

Effective Date

1. This By-law shall be deemed to have come into force and effect as of the 1st day of January 2024.

Definitions

1. "Unit" means a single-family dwelling, each apartment within a multiple-family dwelling, any other premises considered to constitute a separate part of the principal dwelling/residence whether used for warehousing purposes, commercial purposes, or other purposes.
2. "Equivalent Unit" means a unit which imposes a heavy burden upon the waterworks system, and which is listed in Schedule "A" attached hereto and forming part of this By-law.
3. "Exceptions", as identified hereinafter in Schedule “B”.
4. "Payment Receipt Date" means the date on which the Municipality receives the payment at the Town Hall or in coffers of the Municipality (if the payment is made through a financial institution).

General

1. A water service rate is hereby imposed upon the owners or occupants of lands who are within the limits of the serviced area in Wendover to pay for the operation, repair, and maintenance of the waterworks, which may include a charge for depreciation, deferred maintenance, or a reserve fund for any such purpose.
2. A sewer service rate is hereby imposed upon the owners or occupants of lands who are within the limits of the serviced area in Wendover to pay for the operation, repair, and maintenance of the sewer system, which may include a charge for depreciation, deferred maintenance, or a reserve fund for any such purpose.
3. The following Wendover Waterworks Rates are hereby imposed upon the owners or occupants of lands within the limits of the serviced area in Wendover in accordance with the amounts hereinafter indicated.
   1. For one Unit, $311.76 per year against each user of the water system plus a fee of $1.53 per cubic metre as obtained by a water meter reading.
   2. For one Equivalent Unit, $311.76 per year multiplied by a factor expressed numerically plus a fee of $1.53 per cubic metre as obtained by a water meter reading.
   3. For Exceptions, refer to Schedule “B”. 
4. The following Wendover Sewer System Rates are hereby imposed upon the owners or occupants of lands within the limits of the serviced area in Wendover in accordance with the amounts hereinafter indicated.
   1. For one Unit, $491.48 per year against each user of the sewer system plus a fee of $1.59 per cubic metre as obtained by a water meter reading.
   2. For one Equivalent Unit, $491.48 per year multiplied by a factor expressed numerically plus a fee of $1.59 per cubic metre as obtained by a water meter reading.
5. Where a property was razed by fire or was damaged by fire, so as to render it substantially unusable for the purposes for which it was used immediately prior to the damage and upon application to the Treasurer, under section 357 of the Municipal Act, the Treasurer shall reduce the flat fee service charge on a pro-rated basis for the number of days remaining.  And where the water meter has been destroyed because of the fire, the cubic meter consumption shall be calculated on the last 4 available meter readings’ average.
6. If a meter fails to register, the consumer will be charged a minimum consumption based upon the last 4 available meter readings’ average.
7. The due dates for eligible water and sewer quarterly billings shall be:
   1. The last working day of April (for the period of January to March);
   2. The last working day of July (for the period of April to June);
   3. The last working day of October (for the period of July to September); and
   4. The last working day of January (for the period of October to December).

Payment

1. All payments can be made in person at City Hall, by mail, or at a financial institution. The Municipality also offers a pre-authorized payment plan on due dates.
2. Payments made by mail shall be deemed received by the Municipality on the date it is received at the municipal office. It is the taxpayer’s responsibility to consider a certain time limit imposed by Canada Post (or any other courier company).
3. Payment made through Electronic Funds Transfer (EFT) shall be deemed received by the Municipality on the date the funds are received in the Municipality’s bank account. It is the taxpayer’s responsibility to consider a certain time limit imposed by the financial institution.

Administration

1. The Treasurer may accept partial payments for water and/or sewer services at any time during the year.
2. There shall be imposed an interest charge of 1.25% on non-payment or late payment of charges and fees on the first day of each calendar month during which the default continues and all by-laws and parts of by-laws inconsistent with this policy are hereby rescinded.
3. If and when thirty (30) days after an instalment has become due for the payment of the rates provided for by this By-law, the same remains unpaid, the Treasurer may add them to the tax roll and collect them in the same manner as municipal taxes.
4. Notwithstanding Subsection 3 of Section 4 - Administration - the Township may opt to shut off the supply of water. If and when thirty (30) days after an instalment has become due for the payment of the rates provided for by this By-law, the same remain unpaid, the Treasurer may notify the owner or occupant of the premises with respect to which default has occurred that unless the charges are paid within fourteen (14) days of the mailing of the said notice, or certified or registered mail, the supply of water to the premises in question shall be shut off.
5. A service charge of $50.00 shall be levied for turning on or shutting off any water services.
6. At the time of sale, an administrative fee of $45 will be imposed for a final meter reading on the closing date. If the reading fee is not paid before the final invoice is issued, it will be added to the final invoice.
7. That it shall be the responsibility of the owner to inspect the water meter and plumbing periodically to ensure no leaks are visible and shall report said leaks or defects immediately to the Municipality.  The Municipality shall not be held responsible for any damages from such leaks nor for the repairs and shall not be responsible for crediting the owner for water wasted.
8. No person being the owner, occupant or tenant of any house, building, or other premises supplied with water by the Township shall rent, sell, or dispose of such water or give away or permit the same to be carried away or used or apply such water to the use or benefit of any other person unless expressly authorized by the Township.
9. No person or persons, except the Ministry of Environment, OCWA or those acting under their direction or authority and municipal employees, shall open or close any valve hydrant or gate in the street, or molest or interfere with the same in any manner.

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.

Repeal

1. By-Law 2023-18 is hereby repealed.

Effective Date

1. This By-Law shall be deemed to have come into force and effects as of the 1^st day of January 2024

Schedule "A" to By-law 2024-13

 "Equivalent Unit", Water Factor:Sewer Factor

1. 149211 Ontario Inc., 2:0
2. Michel Beauchamp, 2:2
3. STP Excavation, 1:0
4. École St-Joseph: 10:10
5. Wendover Service Station, 1:1
6. 2138226 Ontario Inc., 4:4
7. Makhou Elie Jeha Geroges, 2:0
8. Wendover Post Officer, 1:1
9. Wendover Community Centre, 2:2
10. Roman Catholic Episcopal, 1:1
11. Alain Brazeau, 1.5:0

Schedule "B" to By-law 2024-13

Any water intake made at the Wendover Water Treatment Plant or municipal garage by a private contractor or individuals (subject to approval by Council) is to be charged at the rate of $5.00 per cubic metre with a minimum charge of $ 25.00 per load.

Any water intake, made at the Wendover Water Treatment Plant or municipal garage by a private contractor or individuals (subject to approval by Council) that are not residents of the Corporation of the Township of Alfred and Plantagenet is to be charged at the rate of $10.00 per cubic metre with a minimum charge of $ 50.00 per load.

Where meters cannot physically be installed, the water service charge shall be a flat fee equivalent to 2 residential unit or $623.46 per unit for the period of January 1st, 2024 to December 31^st, 2024.

Where owner refuses the installation of a water meter, the water service charge shall be a flat fee equivalent to 3.5 residential units ($1,091.16) per unit for the period of January 1^st, 2024 to December 31^st, 2024 and the sewer service charge shall be a flat fee equivalent to 2 residential units ($982.96) per unit for the same period.