HomeMy WebLinkAbout21 139 OPP Enforcement of By-laws Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 - 139
BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT
WITH THE DETACHMENT COMMANDER OF THE SOUTH BRUCE
DETACHMENT OF THE ONTARIO PROVINCIAL POLICE FOR THE
ENFORCEMENT OF BY-LAWS WITHIN THE MUNICIPALITY OF
KINCARDINE
WHEREAS Section 4 (1) of the Police Services Act, R.S.O. 1990, c. P.15 as
amended, states that a municipality is required to provide adequate and effective
police services in accordance with its needs;
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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
on January 11, 2021 passed By-law No. 2021 – 005, the O.P.P. Services
Agreement (2021) by which the Municipality of Kincardine entered into an
agreement with the Province of Ontario for the provision of police services under
section 10 of the Police Services Act, R.S,.O. 1990 c. P.15 as amended;
AND WHEREAS Section 6. (a) of this agreement states that “For the purposes of
s. 10(6) of the Police Services Act, the O.P.P. shall provide police services to the
Municipality, including enforcement of mutually agreed upon by-laws;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary enter into an Agreement with the Detachment Commander of
the South Bruce Detachment of the Ontario Provincial Police stating the by-laws
requiring O.P.P. enforcement;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
Agreement with the Detachment Commander of the South Bruce Detachment
of the Ontario Provincial Police for the provision of police services to enforce
mutually agreed upon by-laws.
2. That the Mayor and CAO be authorized and directed to execute, on behalf of
The Corporation of the Municipality of Kincardine, the Agreement with the
Detachment Commander of the South Bruce Detachment of the Ontario
Provincial Police, attached hereto as Schedule “A” and forming part of this
By-law.
…/2
Page 2
O.P.P. Enforcement of By-laws Agreement By-law
By-law No. 2021 - 139
3. This by-law shall come into full force and take effect on this date of its
passing.
4. This By-law may be cited as the “O.P.P. Enforcement of By-laws Agreement
By-law”.
READ a FIRST and SECOND TIME this 9th day of August, 2021.
READ a THIRD TIME and FINALLY PASSED this 9th day of August, 2021.
Mayor Clerk
Enforcement of By-laws Agreement
Between
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
SOLICITOR GENERAL
("Ontario")
And
THE CORPORATION OF THE MUNICIPALTIY OF KINCARDINE,
(the "Municipality")
WHEREAS The Corporation of the Municipality of Kincardine is a municipal corporation
with by-laws which provide rules and regulations which apply to the municipal
inhabitants and visitors;
AND WHEREAS by By-law No. 2021-005, the "O.P.P. Services Agreement (2021) By-
law" the Municipality entered into an agreement with Ontario for the provision of police
services under section 10 of the Police Services Act, R.S.O. 1990 c. P.15 as amended,
AND WHEREAS Section 6. (a) of the above noted Agreement states that the "For the
purposes of s. 10(6) of the Police Services Act, the O.P.P. shall provide polices services
to the Municipality, including the enforcement of mutually agreed upon by-laws";
AND WHEREAS as per Section 6.(a)the Municipality and Detachment Commander have
reviewed and updated the list of by-laws requiring O.P.P. enforcement;
AND WHEREAS the Municipality and Ontario deem it expedient to enter into an
agreement stating the by-laws requiring O.P.P. enforcement;
NOW THEREFORE the parties hereto covenant and agree as follows:
1. The O.P.P. shall provide enforcement as per Section 6.(a) of the "O.P.P. Services
Agreement 2021 By-law" to the following by-laws:
a. By-law No. 2008-076 — "Noise Control By-law" as amended from time to
time;
b. Bylaw No. 2002-145 — "Prohibit Overnight Camping in Public Places and
Municipal Parks By-law" as amended from time to time;
C. By-law No. 2013-073 — "Public Nuisance By-law" as amended from time to
time;
d. By-law No. 2019-165 — "Municipality of Kincardine Traffic and Parking By-
law:" as amended from time to time;
e. By-law No. 2016-016 — "Off-Road Vehicles Use By-law" as amended from
time to time.
1 of 2
2. Per Section 6.(b) of "O.P.P. Services Agreement 2021 By-law" any violations in
relation to building codes, or animal control will not form part of this agreement.
In witness whereof the parties hereto have set their hands and seals.
Solicitor General Municipality of Kincardine
VKristaVerifioMillerm or Adobe ead04IILIIIIIIIII GehrvCer,ftryoCloud(2021/11/04)
Glover ger it g.co ( ) III IIII011111
Krista Miller, Inspector Gerry Glover, Mayor
South Bruce OPP Detachment
November 4, 2021 November 4, 2021
Date Date M....................
51g n dwith Co i nO Cloud 2021
if with verire com or A /11/OS W���N� I lllml IIII��
Zdobe Reader.)
Roxana Baumann, CAO
November 5, 2021
Date
We have the authority to bind the
corporation.
2 of 2