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Home My WebLink About19 148 Public Nuisance Amendment (1) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AKBTy_ • 0 % ��m '�,,�ur BY-LAW NO. 2019 - 148 BEING A BY-LAW TO AMEND BY-LAW NO. 2013-073; BEING A BY-LAW TO PROHIBIT OR REGULATE PUBLIC NUISANCES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS pursuant to the said Municipal Act, Section 8 (1) and 9 provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the • municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine passed By-law No. 2013 - 073, the Public Nuisance By-Law on June 12, 2013; AND WHEREAS the Council deems it necessary to amend By-law No. 2013 - 073 to add an additional public nuisance; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That By-law No. 2013 - 073, Public Nuisance By-law be amended as follows: i. That Section 1 Definitions be amended to include "Bridge" means a structure spanning and providing passage across a • waterway, road, walkway or other obstacle." ii. That following Sections be renumbered: Section 6 — Order to Discontinue Activity to be Section 7 Section 7 — Close Public Highways to be Section 8 Section 8 — Enforcement and Inspection to be Section 9 Section 9 — Penalty to be Section 10 Section 10 — Severability to be Section 11 Section 11 — Miscellaneous to be Section 12 iii. That Section 6 be added: 6. Bridges 6.1 — No person shall jump, dive, leap, or throw any object off or from any bridge located within the boundaries of the Municipality. 2. This by-law shall come into full force and effect upon its final passage. • Page 2 of 2 Public Nuisance Amendment (1) By-law By- law No. 2019 - 148 3. This by-law may be cited as the "Public Nuisance Amendment (1) By-law". • READ a FIRST and SECOND TIME this 13th day of November, 2019. READ a THIRD TIME and FINALLY PASSED this 13th day of November, 2019. (_% Mayor Clerk • • • OFFICE OF THE REGIONAL SENIOR JUSTICE *4_: CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE ,41 0Om 1,1, COUR DE JUSTICE DE ['ONTARIO WEST REGION REGION DE L'OUEST 80 DUNDAS STREET, 10'FLOOR, UNIT L II ei.7 80, RUE DUNDAS, 10`ETAGE, UNITE L LONDON,ONTARIO N6A 6A8 LONDON(ONTARIO) N6A 6A8 TELEPHONE/TELEPHONE(51 9)660-2292 FAX/TELECOPIEUR(519)660-3138 February 5th, 2020 40‘ ' P it P ,�RCI:f!!cC Dallas Hewitt F�9 1 Municipal Administration Centre7 1475 Concession 5 R.R. #5 ' Kincardine, ON N2Z 2X6 6� AtliYt" Dear Mr. Hewitt: Re: Set Fines - Provincial Offences Act - Part I By-law Number 2013-073 as amended, of the Municipality of Kincardine Enclosed herewith is an original Order, and an original schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the copy of the Order and the schedules of set fines to the Provincial Offences Court in Owen Sound, together with a copy of the By-law. Yours truly, I , 1 Je• i E. eRoy Rei:11 •nal Senior Jus ice West Region encl. /mg PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2013-073 as amended, of the Municipality of Kincardine, Bruce County attached hereto are the set fines for those offences. This Order is to take effect February 5th, 2020. Dated at London this 5th day of February, 2020. I \ --P 0 / Je nin- E. LeRoy Re ional Senior Justice West Region The Municipality of Kincardine Part I Provincial Offences Act By-law No. 2013-073, as amended by By-law 2019-148: Public Nuisance By-law Page 1of1 Item COLUMN 1 COLUMN 2 COLUMN 3 Short form wording. Provision creating or defining Set fine offence 1 Disorderly conduct 2.1(a) 300.00 2 Public drunkenness or public intoxication 2.1(b) 300.00 3 The deposit of refuse on public or private 2.1(c) 300.00 property 4 Damage to or destruction of public or 2.1(d) 300.00 private property 5 Unreasonable noise 2.1(f) 300.00 6 Unlawful open burning 2.1(g) 300.00 7 Unlawful fireworks 2.1(g) 300.00 8 Public disturbances 2.1(h) 300.00 9 Urinate or defecate in a public place 3.2 300.00 10 Knock over or attempt to knock over 4.1 300.00 mailboxes etc. 11 Sponsor, conduct, continue, host, create, 5.1 300.00 attend, allow, cause or permit a public nuisance 12 Individually or jointly allow, cause or 5.2 300.00 permit a Public Nuisance under their possession or control 13 Jump, dive, leap or throw any object off or 6.1 300.00 from bridge. 14 Failing to leave the premises after being 7.4 300.00 directed to do so 15 Use of a highway that has been closed 8.3 300.00 16 Remove or deface a barricade, device, 8.4 300.00 detour sign or notice The general penalty provision for the offences listed above is Section 9 of By-law 2013-073 as amended a certified copy of which has been filed.