Building/By-Law Department

Building/By-Law Officer
Curtis Nicholson
429 Park Lane, Box 601
Matheson, Ontario
P0K 1N0
Can be reached at 705-273-2313 or by email
bylaw@blackriver-matheson.com


This page contains the following by-laws:
ATV
Littering
Dog Licensing
Building
Fences & Pools
Fire Regulations
Fireworks
Smoking

ATV By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER MATHESON

BY-LAW NO. 09-2004

BEING A BY-LAW TO REGULATE THE USE OF OFF ROAD VEHICLES WITHIN THE TOWNSHIP OF BLACK RIVER-MATHESON.

WHEREAS the Highway Traffic Act, R.S.O. 1990, Section 191.8, subsection (3), Chapter H. 8, as amended, provides that the Council of a municipality may pass bylaws permitting the operation of off-road vehicles within the municipality that is under the jurisdiction of the municipality or on any part or parts of such highways:

AND WHEREAS the Council of the Township of Black River-Matheson deems it in the best public interest to regulate, govern or prohibit the operation of off road vehicles within the Municipality.

NOW THEREFORE the Council of the Township of Black River-Matheson enacts as follows:


DEFINITIONS

For the purpose of this by-law the following definitions shall apply:

• COUNCIL means the Council of the Corporation of the Township of Black River-Matheson.

• HIGHWAY includes a common and public highway, street, avenue, parkway, laneway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles.

• MUNICIPALITY means the Corporation of the Township of Black River-Matheson

• MUNICIPAL BY-LAW ENFORCEMENT OFFICER means the By-law Enforcement Officer who will be responsible for administration of this by-law.

• OFF ROAD VEHICLES (ORV) means a vehicle that has four wheels and low pressure bearing tires which are all in contact with the ground, has steering handlebars, has a seat that is designed to be straddled by the driver, meets requirements of federal Motor Vehicle Safety Act (MVSA) and American National Standards Institute (ANSI standard), and is designed to carry a driver only and no passengers. Also known as ATVs

• PRIVATE PROPERTY includes all property in the municipality except Crown land and highways.

• ROADWAY means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not all of the roadways collectively.

• SIDEWALK means a path or a strip of land paved or otherwise in, on, or alongside a highway and designed and intended for or used by the general public for pedestrian’s travel. In addition, “sidewalk” includes any property of the municipality that is, or hereafter may be, physically set apart or made available and intended for pedestrian’s use.

OFF ROAD VEHICLES

1. Off road vehicles shall be prohibited from traveling in, over or upon the following highways in the Township of Black River-Matheson and the said highways shall hereinafter be referred to as restricted streets, namely:
a) Fourth Avenue, Fifth Avenue, and Sixth Avenue from Second Street To Railway Street (Matheson).
b) Eighth Avenue and Seventh Avenue from Second Street to CJM Road (Matheson).
c) Fourth Avenue and Second Avenue from MacDougall Street to Railway Street (Matheson).
d) McIntyre Avenue from Denning Street To Ennis Street (Ramore).

2. Every person operating or permitting the operation of an ORV that lives on a street listed above may use the street only to access to or from a non-restricted street.

3. No ORVs shall be driven or operated upon any public sidewalk within the boundaries of the Township of Black River-Matheson.

4. No person shall operate an ORV within the town sites of Black River-Matheson between the hours of 1:00 am and 6:00 am in the morning.

5. No person shall operate or permit the operation of an ORV on the property of any School, Hospital, Home for the Aged, Nursing Home, Cemetery, Playground or Park or designed municipal properties as indicated by properly erected signs.

6. Must adhere to speed limits lower than posted limits (same as snowmobiles)
a) 20 km/h - highways where speed limit is 50 km/h or less.
b) 50 km/h - highways where speed limit is over 50 km/h.

7. Drivers must operate their ORV in the same direction as traffic.

8. No person shall operate an ORV in a construction zone, on a closed highway or within a provincial park unless allowed by the park.

9. Drivers must wear a motorcycle helmet

10. Drivers shall have a valid G2 or greater driver’s licence, registration and insurance.

11. Passengers are not allowed.

12. May tow trailers.

13. ORVs must have the appropriate equipment (e.g.: head lights, tail lights, working brakes, reflectors, low-pressure bearing tires)

14. No person shall operate an ORV on private property, unless he/she has the permission of property owner.

15. That ORVs are prohibited from a certain area on the east and north sides of the Vern Miller Memorial Community Arena, grounds and parking lot area, as set out in Schedule “A” of this By-law.

16. That ORVs are hereby required to park in a designated area on the south side of the Vern Miller Memorial Community Arena as set out in Schedule “A” of the By-law.

17. Any owner of an ORV being operated with his/her consent within the Township of Black River-Matheson shall be liable for all consequences and fines enforced in this By-law.

18. Exemptions are provided for police or conservation officers, first aid personnel or fire department personnel while driving ORVs either on patrol or on an emergency basis. Public utility workers are also exempt provided it is during appointed work related duties.

19. Drivers shall abide by the Ontario Highway Traffic Act at all times.



20. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $5,000.00, as set out in The Provincial Offences Act, R.S.O. 1990, Chapter P.33.

21. This By-law shall come into force and take effect immediately upon the passing thereof.

Read a first and second time this 26th day of January, 2004.

Read a third time and finally passed this 26th day of January, 2004.



__________________________________
MAYOR



__________________________________
CLERK

Littering By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 2005-43


BEING A BY-LAW PROHIBITING THE THROWING, PLACING, LITTERING OR DEPOSITING OF MATERIALS SUCH AS BUT NOT LIMITED TO DIRT, FILTH, GLASS, HANDBILLS, PAPER, OTHER REFUSE, RUBBISH, OR THE CARCASS OF ANY ANIMAL, AND TO PROHIBIT AND REGULATE THE OBSTRUCTING, ENCUMBERING, INJURING OR FOULING OF ANY HIGHWAY OR BRIDGE WITHIN THE MUNICIPALITY.

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25 Sections 8, 9, 10, Section 11(1) subsection 1, Sections 27 and 28 authorizes the Council of a Municipality to pass by-laws governing highways and bridges within its jurisdiction.

NOW THEREFORE the Council of the Corporation of the Township of Black River-Matheson hereby enacts the following:

1. DEFINITIONS

For the purpose of this by-law, the following definitions shall apply:

• COUNCIL means the Council of the Corporation of the Township of Black River-Matheson.

• MANAGER means the Manager of Public Works or his/her designate of the Township of Black River-Matheson.

• HIGHWAY includes a common and public highway, street, avenue, lane, parkway, square, place, bridge, viaduct, trestle, sidewalk, and the area between the lateral property lines (road allowance) that is intended for, or used by the general public.

• MATERIAL shall mean gravel, sand, asphalt or any material used for the maintenance of Municipal Highways.

• MUNICIPALITY means the Corporation of the Township of Black River-Matheson.

• MUNICIPAL LAW ENFORCEMENT OFFICER means the By-Law Enforcement Officer of the Township of Black River-Matheson.

• PERSON shall mean and include and individual, singular or plural, corporation, partnership, company, association or party and heirs, executors, administrators, or other legal representative of such person, to whom the context can apply according to law; shall include the plural wherein the context requires. Wherever the masculine is used, it shall also mean and include the feminine.

• REFUSE shall mean and include ashes, garbage and rubbish, unless otherwise stated.

• RUBBISH shall include all domestic refuse, except ashes, garbage, grass clippings, building materials, waste oil or grease, industrial waste or mine tailings, white metal, bricks, barbeques or any other refuse which would be deposited at a landfill site.

2. GENERAL PROVISIONS

i. No person shall throw, place, or deposit mud, filth, refuse, rubbish or the carcass of any animal on any highway within the Municipality.

ii. No person shall throw, place or deposit snow, or permit snow to be placed or deposited on any highway within the Municipality.

iii. No person shall throw, place or deposit sand, gravel, asphalt, brush, timber, bark on any highway within the Municipality, except as authorized by the Manager.

iv. No person shall clear away or remove snow from a municipal highway, except as may be necessary to clear away snow blocking access to a private entrance or driveway, except as authorized by the Manager.

v. No person shall move snow within the road allowance from one side of the road allowance intended for vehicular and pedestrian traffic, to the other side of the road allowance.

vi. Every person having placed or deposited snow or permitted snow to be placed or deposited on a municipal highway shall remove said snow from the highway.

vii. No person shall remove any material from any highway within the Municipality, except as authorized by the Manager.

3. AMINISTRATION

The By-Law Enforcement Officer and/or the Manager and their designates shall have the authority to administer this by-law in its entirety.

4. PENALTIES

i. Any person who contravenes any provisions of this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $5000.00 exclusive of costs as authorized by the Provincial Offences Act as amended, except where expressly provided by law, which will be recoverable under the Provincial Offences Act, and all provisions of the said act shall apply to any prosecution for any offense under the provisions of this By-Law.

ii. Any expenses for services rendered by the Township of Black River-Matheson in respect to enforcing of any provisions of this by-law and/or any maintenance needed which was caused by any violation of this by-law shall be borne by the person responsible for creating the infraction.

iii. Any expenses incurred from Section 4 subsection ii, shall be recoverable in like manner as municipal taxes.

5. SCHEDULES TO FORM PART OF BY-LAW

That Schedule “A”, and shall form part of this by-law.

6. TITTLE

This By-Law may be cited as the “Clean Roads” by-law.


7. VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for some reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provisions so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

That By-Law 32-69, 183-75, 185-75 and 2033-97 and any other by-laws inconsistent with this by-law are hereby repealed.

This By-Law shall come into force and take effect on the date of the final passing thereof.



Read a first and second time on this 26th day of September, 2005.

Read a third and finally passed on this 26th day of September, 2005.






_________________________________
MAYOR



_________________________________
CLERK

Dog Licensing By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 06-2006

BEING A BY-LAW TO AMEND BY-LAW 2005-26, OF THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON.

________________________________________________________________

WHEREAS the Council of the Corporation of the Township of Black River-Matheson is desirous of amending By-law 2005-26, being a by-law to provide for the licensing, regulation and registration of dogs, limit the number of domestic animals, to regulate owners of dog(s) and to restrict the keeping of potentially dangerous dogs and prohibit the keeping of vicious dogs within the corporate limits of the Township of Black River-Matheson.

AND WHEREAS The Dog Owner’s Liability Act as amended, The Animals for Research Act, The Pounds Act and The Municipal Act R.S.O. 2001 Section 11(1) subsection 9, Sections 8, 9, 10 and Sections 103, 104 and 105 contain certain provisions relating to dogs including provisions enabling municipalities to pass by-laws relating to dogs and domestic animals.

NOW THEREFORE the Council of Black River-Matheson enacts as follows:

1. That Subsection 12.1 (ii) of the Dogs Seized and Impounded Section of By-Law 2005-26 is hereby replaced by a new Subsection 12.1 (ii):

The owner pays to the Treasurer of the Corporation of the Township of Black River-Matheson, a pound fee of $25.00 plus a fine of $30.00 if paid out of court, plus a maintenance sum of $10.00 for each day subsequent to the day of seizure that the dog remains impounded.


This by-law shall come into force and take effect on the date of the final passing thereof.

Read a first and second time this _____day of _________________, 2006

Read a third time and finally passed this _____day of _______________,2006





________________________________
MAYOR


________________________________
CLERK

Dog Licensing, Registration and Regulations By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 2005-26

BEING A BY-LAW to provide for the licensing, regulation and registration of dogs, to limit the number of domestic animals, to regulate owners of dog(s) and to restrict the keeping of potentially dangerous dogs and prohibit the keeping of vicious dogs within the corporate limits of the Township of Black River-Matheson.

WHEREAS The Dog Owner’s Liability Act as amended, The Animals for Research Act, The Pounds Act and The Municipal Act R.S.O. 2001 Section 11(1) subsection 9, Sections 8, 9, 10 and Sections 103, 104 and 105 contain certain provisions relating to dogs including provisions enabling municipalities to pass by-laws relating to dogs and domestic animals.

AND WHEREAS it is considered desirable to pass a by-law for the licensing, regulation and registration of dogs and domestic animals within the limits of the Corporation of the Township of Black River-Matheson;

NOW THEREFORE the Council of Black River-Matheson enacts as follows:

DEFINITIONS

For the purpose of this by-law, the following definitions shall apply;

• ANIMAL CONTROL OFFICER means the Municipal Law Enforcement Officer or any other person appointed by the Council of the Corporation of the Township of Black River-Matheson.

• AUGUST 29, 2005 is the date in which the Public Safety Related to Dogs Statute Law Amendment Act, 2004 and other amendments to the Dog Owners’ Liability Act will go into effect.

• DANGEROUS DOG/POTENTIALLY DANGEROUS DOG/VICIOUS DOG means any dog that has been determined, in a proceeding commenced pursuant to Section 4 of the Dog Owners Liability Act, that attacks or is trained to attack, on command or by signal, a human or an animal, or, a dog which, without provocation, has bitten or has attacked or has made a real and substantial threat of attack on a person or a domestic animal, provided that a dog shall not be deemed to be a dangerous dog if the bite, attack or threat of attack was sustained by a person who, at the time, was committing a willful trespass or other sort upon the premises occupied by the keeper of the dog, or was tormenting, abusing or assaulted the dog, or was committing or attempting to commit a crime.

• DOG means any member of the species Canis Familiaris and shall include both female and male.

• DOLA means the Dog Owners’ Liability Act as amended.

• GUIDE DOG means a dog that is trained to aid the blind and actively in use for such purposes.

• HIGHWAY means a common and public highway, street, avenue, parkway, driveway, square, place and bridge designed and intended for use by the general public for passage of vehicles and persons.

• KENNEL means:

i A place or confine where purebred dogs are bred and raised and registered in the Register for the Canadian Kennel Club Incorporated, or,

ii A place or confine where dogs are bred or raised as a recognized class, or as a class designated as “purebred” in the regulations of the aforesaid Club, or,

iii A shelter for dogs

• LICENCE for the purpose of this by-law shall be deemed to be the receipt issued by the Treasurer of the Corporation of the Township of Black River-Matheson or his authorized agent, upon payment of the appropriate tax or license fee.

• MUNICIPALITY means the Corporation of the Township of Black River-Matheson.

• MUNICIPAL LAW ENFORCEMENT OFFICER means the By-Law Officer appointed by the Council of the Corporation of the Township of Black River Matheson.

• MUNICIPAL PROPERTY means property other than a highway or public park.

• MUZZLE means a human fastening or covering device of adequate strength placed over the dog’s mouth to prevent it from biting.

• OWNER shall include any person, group of persons, partnerships or corporation who possesses or harbours animals, and owns or owned shall have corresponding meaning and shall include a person or persons who are temporarily the keeper of animals and where the owner is a minor, the person responsible for custody of the minor.

• PERSON shall mean any individual, firm, incorporated group, business entity or club to whom the context can apply.

• PUBLIC PLACE includes a highway, Public Park and other municipal property.

• PUBLIC PARK means a park, recreation area, recreation center, play lot, playground, school ground, athletic field, beach, square, avenue, boulevard, drive and any building thereon intended for or used by the general public.

• POLICE WORK DOG shall mean a dog trained to aid law enforcement officers and is actually being used for police work purposes for the protection of the public, including the investigation of crime and the apprehension of law violators.

• PIT BULL means the breed of dog known as a “pit bull” as defined in the Dog Owners Liability Act as amended; “pit bull” includes,

a) A pit bull terrier,
b) A Staffordshire bull terrier,
c) An American Staffordshire terrier,
d) An American pit bull terrier,
e) A member of a class of dogs that have an appearance and physical characteristics that are substantially similar to dogs referred to in any of the clauses (a) to (d).

• POUND shall mean such premises and facilities designated by the Council of the Corporation of the Township of Black River-Matheson as a place that will be used as the detention, maintenance or disposal of dogs.

• POUNDKEEPER shall mean the Municipal Law Enforcement Officer or any other person appointed by the Council of the Corporation of the Township of Black River-Matheson.

• PUREBRED shall mean bred from stock having no admixture as certified by a competent authority.

• REGULATION means the regulations made under The Municipal Act R.S.O., 1990, Chapter M.45, Animals for Research Act, R.S.O. 1990, Chapter A22, Dog Owners Liability Act, R.S.O., 1990, Chapter D16 as amended and The Pounds Act, R.S.O., 1990, Chapter P17 and The Health Protection and Promotion Act, R.S.O. 1990, Chapter H7.

• SOCIETY or HUMANE SOCIETY means the branch of the Ontario Humane Society, (Ontario Society for the prevention of cruelty to animals).

• SUPPLY FACILITY means premises, other than a research facility, that are used for the breeding and rearing of animals pursuant to a contract between the operator thereof and the operator of a research facility.

1. DOG LICENSING, REGULATION AND REGRISTRATION

1.1 Every person and resident in the Corporation of the Township of Black River-Matheson who owns, harbours or posses a dog, shall register said dog and procure a one year license from the Corporation and pay to the Corporation the license fee calculated in accordance with Schedule “A” attached to this by-law.

1.2 On payment of the license fee in accordance with subsection 1.1, the Corporation of the Township of Black River-Matheson or its authorized agent, shall issue for each dog so registered, a serial numbered license tag and shall cause the name of the owner, his or her address, and the number of his or her tag, to be entered in a book to be kept for that purpose.

1.3 Every owner shall affix to his or her dog, the license tag issued in accordance with subsection 1.2, and shall keep such tag affixed on the dog at all times. After one year, a new tag must be purchased.

1.4 No license tag or registration under this section shall be transferable and the license tag shall expire and become void upon the sale, death, or other disposal of the dog.

1.5 Every license under this section shall expire on the 31st day of December of each year.

1.6 No person other than the owner or his agent shall remove the license tag from the dog.

1.7 The replacement fee for a lost license tag is set out in Schedule “A” attached to this by-law.

2. SUPERVISION

2.1 Any person who is so required by the Corporation of the Township of Black River-Matheson, or its authorized agent, shall forthwith deliver to the Corporation, a written statement showing the number of dogs owned by such person or which such person is assessed as owner or otherwise.

2.2 No person shall per property keep more than a total of five dogs in any residential, commercial or industrial zone within the Corporation of the Township of Black River-Matheson without having authorization from Council.

2.3 This section shall not apply to:

• The operation of a kennel for the purpose of breeding or boarding dogs,
• An animal hospital owned and operated by a veterinarian,
• A pet store,
• An Ontario Humane Society shelter, or the Pound, which complies with the Black River-Matheson by-law,
• Registered sled dog owners located in rural areas and registered with the Corporation of the Township of Black River-Matheson.

3. KENNEL

3.1 Notwithstanding the provisions of Section 1.1 of this by-law, the owner of a kennel of purebred dogs duly registered in the Register of the Canadian Kennel Club Incorporated may pay a total annual license fee of $50.00, set out in Schedule “A”, in lieu of the license fee imposed by Section 1.1 aforesaid if he produces to the Corporation of the Township of Black River-Matheson, or its authorized agent, a certificate of such registration signed by the keeper of such register, showing that all dogs kept within such kennel are so registered, and provided further that the owner of such kennel holds a current kennel license issued by the Corporation of the Township of Black River-Matheson.

3.2 Any new applicant for a kennel license for a kennel not previously licensed must first obtain clarification that the property location of such kennel complies with the requirements of the Township of Black River-Matheson Zoning By-Law.

3.3 No person shall foster any animals in the Township of Black River-Matheson without first meeting all of the following criteria,

• Obtain a license from the treasurer of Black River-Matheson which expires on the 31st day of December of every year,
• Obtain a letter from the Ministry of Health stating that they meet all of their regulations,
• The floors of each room in which dogs are kept shall be constructed of an impermeable material,
• Flushed with water and deodorized with a suitable disinfectant daily or more often if necessary and that the animals should be removed when this is being done, and,
• If such room is physically attached to a building used for human habitation, graded to an adequate drain, which shall be connected to a municipal sewage system or sewer disposal system.

3.4 Each room that is used for the housing of dogs shall be equipped with a lighting system that is so designed, constructed and maintained that,

• It distributes light as evenly and with as little glare as possible,
• It provides adequate light for the proper observation of every animal in the room and,
• It is adequately lighted for a continuous period.

3.5 Each room that is used for the housing of dogs shall provide ventilation for the health, welfare and comfort of every dog by either,

• Having an opening or openings for natural ventilation with minimum aggregate unobstructed free flow area of one percent (1%) of the floor area of the room or,
• Having a mechanical ventilation device in working order which changes the air at least two times each hour.

3.6 Each room that is used for the housing of dogs shall at all times, be maintained at a minimum temperature of 9 degrees Celsius for the health, welfare and comfort of every dogs therein.


3.7 Each cage or pen used for the housing of dogs shall be so constructed and maintained that,

• Every dog in the cage or pen may comfortably extend its legs to their full extent, stand, sit, turn around and lie down in a fully extended position,
• It is not likely to harm any dog therein,
• Any dog therein cannot readily escape there from and,
• It may be readily cleaned.

3.8 Each area in which dogs are kept shall, at all times, be maintained in a clean and sanitary condition.

3.9 Excrement, dead animals and other waste resulting from the keeping of dogs shall be removed daily from the premises.

3.10 The Medical Officer of Health or the By-Law Officer of the Corporation of the Township of Black River-Matheson shall enter any building and order their removal of any matter or thing which is dangerous or injurious to the public health including any or all the above mentioned dogs, whenever it appears to the Medical Officer or By-Law Officer that is necessary for the preservation of public health or for the abatement of anything dangerous or injurious to the public health.

4. CONTROL OF DOGS

4.1 Within the urban area of the municipality the owner of a dog is to keep the dog leashed and under the control of some person when the dog is on land in the municipality other than that of the owner unless the person owning the land gives prior consent on which the dog is found.

4.2 No person who owns, harbours or possesses any dog shall allow the dog to run at large, or trespass on private property even when on a leash.

4.3 For the purpose of this by-law a dog shall be deemed to be running at large if found in any place other than the premises of the owner of the dog.

4.4 A dog shall not be considered running at large if it is a guide dog or a police work dog, or if it is a hunting dog accompanied by the harbourer or other responsible adult and is actively engaged in hunting or training for hunting, on un-posted land, or on posted land with the permission of the owner.

4.5 Any dog running at large contrary to the provisions of this by-law may be captured and impounded by the Animal Control Officer.

4.6 Any person may capture any dog running at large and trespassing on his property and deliver same to the Animal Control Officer who shall impound said dog.

4.7 An Animal Control Officer or other duly appointed officer, may enter on any public property, or on private property with the consent of the owner or tenant of the property, for the purpose of catching any dog running at large contrary to the provisions of this by-law.

4.8 For the impounding of all dogs under the provisions of this by-law, a Pound shall be established which complies with the regulations made pursuant to the Animal for Research Act and under the care and control of the pound keeper, whose duty it shall be to impound all dogs brought to him or her or found by him or her to be running at large.

4.9 It shall be the duty of the person appointed for that purpose, to capture all dogs running at large contrary to this by-law and to impound the same, where they shall be confined, subject to the right of the owner to redeem the dog in 72 hours (3 days) from the time of impounding, exclusive of holidays, Sundays and the day of impoundment, by paying to the Corporation of the Township of Black River-Matheson or its agent, the poundage fees prescribed in Section 12 of this by-law and in the event the same are not redeemed within 72 hours as aforesaid, the dog shall become the property of the Township of Black River-Matheson who may dispose of it as he deems fit pursuant to Section 20 of the DOLA. Compensation or damages for its killing may be obtained by the municipality.

4.10 Where the dog has become the property of the Township (after 72 hours), the Township may put the dog up for adoption at a rate set out in Schedule “A” of this by-law. At such time the new owner of the dog must register and obtain a tag in accordance with Section 1.1 of this by-law. After the Animal Control Officer and the new owner have signed the adoption papers, set out in Schedule “C”, it shall be deemed legal and binding.

4.11 Where a dog is captured under this section is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or duly appointed officer can kill the dog in a humane manner as soon after capture as he or she thinks fit without permitting any person to reclaim the dog and in that event no damages or compensation shall be recovered on account of its killing.

4.12 In addition to any other fees or penalties which may be imposed under this by-law, if a person within a period of six (6) months is convicted on more than three (3) separate occasions of breach of this by-law, the Convicting Authority may cancel all licenses held by such person, under the provisions of this by-law, and on cancellation of a license, such person shall not be issued a further license for a period of twelve (12) months from the date of such cancellation.

4.13 It shall and may be lawful for the Mayor at any time in his or her discretion with the assent of Council of the Corporation of the Township of Black River-Matheson, and with the direction of the Medical Officer of Health whenever claims are being made upon the Town Treasurer for damages from loss of sheep killed by dogs or whenever the disease of rabies is prevalent, to issue a proclamation directing all dogs to be confined, tied up or muzzled for a limited period of time to be named in such proclamation. It shall and may be lawful for the Animal Control Officer to kill or tranquilize any dog, which may be at large or is suspected of being rabid during such period.

4.14 Any dog known to be rabid or suspected of being rabid shall be placed in quarantine, or it shall be killed in such a manner that the brain is not damaged and the head shall be submitted to a laboratory for diagnosis.

4.15 It shall be the duty of the pound keeper to care for all dogs after they have been impounded in accordance with the regulations made pursuant to the Animals for Research Act.

5. PIT BULLS

5.1 Except as permitted by this by-law and the DOLA, no person shall,

i Own a pit bull.
ii Breed a pit bull.
iii Transfer a pit bull, whether by sale, gift or otherwise.
iv Abandon a pit bull other than to a pound operated by or on behalf of a municipality, Ontario or a designated body.
v Allow a pit bull in his/her possession to stray.
vi Import a pit bull into Ontario, or
vii Train a pit bull for fighting.

6. “RESTRICTED” OR “GRANDFATHERED” PIT BULLS

6.1 For the purpose of this by-law and the DOLA, in order for a pit bull to qualify as “restricted” or “grand fathered”, it must be

i Owned by an Ontario resident on August 29, 2005, or
ii Born in Ontario within 90 days after August 29, 2005.

6.2 Despite subsection 5.1 (i) of this by-law, any person who already owns pit bulls are considered “restricted” or “grand fathered” under subsection 6.1 of this by-law and will be able to keep them, provided they comply with the requirements set out in this by-law and the DOLA.

7. OWNERSHIP AND RESPONSIBILITYOF “RESTRICTED” PIT BULLS

7.1 Within 60 days (transition period) of August 29, 2005, “restricted” pit bull owners must;

i Have their dog spayed or neutered.
ii Leashed and muzzled while in public place, and
iii Comply with any other requirements set out in the DOLA and this by-law.

7.2 “Restricted” pit bulls will be allowed to be free of a leash and muzzle if it is on the owners’ enclosed property or on an enclosed property occupied by another person who consents to the pit bull being without a leash or muzzle.

7.3 A leash shall be a maximum of 1.8 meters (approx. 6 feet) long when in a public place.

7.4 Muzzles should be humane, but strong enough and well fitted enough to prevent the pit bull from biting, without interfering with the breathing, panting, vision, or with the ability to drink.

7.5 All owners of “restricted” pit bulls shall post a “beware of dog” sign in a un- restricted view as to warn anyone who may enter onto said owners’ property.

7.6 All owners of “restricted” pit bulls shall register their dog with the Municipality and fill out the form set out in Schedule “D” of this by-law.

8.0 DANGEROUS DOGS

8.1 Where a dog is alleged to have attacked or bitten another person or any other domestic animal, or has behaved in a manner that poses a menace to the safety of another person or domestic animal, such dog shall be impounded by the Animal Control Officer and held until the proceedings referred to in the DOLA, the Health Protection and Promotion Act, R.S.O. 1990 and Part IX of the Provincial Offences Act.

8.2 When a dog is known to have bitten a person or another domestic animal, the Medical Officer of Health may order the agent for the Corporation of the Township of Black River-Matheson to confine the dog under supervised quarantine for a period not to exceed ten days, pursuant to the Health Protection and Promotion Act, R.S.O. 1990, Chapter H.7.

9. EXCREMENT

9.1 Any person who owns, harbours, controls or possesses any dog shall not allow the dog to leave excrement or allow the dog to defecate on or in the following premises,

• Public place
• Private property without the consent of the owner of the premises.

9.2 The owner or person referred to in Section 9.1 shall immediately and without delay, remove the excrement and provide for its sanitary disposition.



10. ANIMAL CONTROL OFFICERS

10.1 Pursuant to the DOLA and for the purposes of the DOLA and this by-law, the following persons are peace officers:

i A police officer, including a police officer within the meaning of the Police Services Act, a special constable, a First Nations Constable and an auxiliary member of a police force.
ii A Municipal Law Enforcement Officer.
iii An inspector or agent under the Ontario Society for the Prevention of Cruelty to Animals Act.
iv A public officer designated as a peace officer for the purposes of the DOLA.

10.2 A peace officer shall carry out the duties as per sections 13, 14, 15, 16 and 17 of the Dog Owners’ Liability Act as amended.

11. WHERE DOGS ARE NOT IMPOUNDED

11.1 Where the Animal Control Officer is unable to seize any dog found to be running at large contrary to this by-law and the owner of such dog is known to the Animal Control Officer, a violation notice of $30.00 may be served by the Animal Control Officer on such owner who may pay such violation directly to the Corporation of the Township of Black River-Matheson or its authorized agent within seven days of notification by the Animal Control Officer of the occurrence committed under the by-law as aforesaid.

11.2 The payment of a violation notice as set out in this section is a voluntary out of court settlement and if payment is not made in accordance with section 11.1, a fine imposed pursuant to this by-law is recoverable under the Provincial Offences Act.

12. DOGS SEIZED AND IMPOUNDED

12.1 The Animal Control Officer may:

• Seize and impound any dog found running at large,
• Restore possession of the dog to the owner thereof where;

i) the owner claims possession of the dog within three (3) days (exclusive of statutory holidays and Sundays) after the date of seizure;
ii) the owner pays to the Treasurer of the Corporation of the Township of Black River-Matheson, a pound fee of $25.00 plus a fine of $30.00 if paid out of court, plus a maintenance sum of $5.00 for each day subsequent to the day of seizure that the dog remains impounded.

• Impound any dog seized as set out in section 17 of the DOLA.

12.1 Where a dog seized and impounded is injured or should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Animal Control Officer or the Peace Officer may kill the dog in a humane manner as soon after seizure as he /she thinks fit without permitting any person to reclaim the dog, and then in that event no damages or compensation shall be recovered on account of its killing.

13. GENERAL PROVISIONS

13.1 The Animal Control Officer or his/her designates shall have the authority to administer this by-law in its entirety.

13.2 Any other provisions and regulations pertaining to pit bulls and dangerous dogs, which are not covered in this by-law will be governed by the Dog Owners’ Liability Act as amended and the Animal Control Officer shall carry out any duties pertaining to the aforesaid Act.

14. PENALTIES

14.1 Any person, who contravenes any provision of this by-law and/or the Dog Owners’ Liability Act, is guilty of an offense and upon conviction, is liable to a fine pursuant to the Provincial Offences Act.

14.2 Any services rendered by the Township of Black River-Matheson in respect to enforcing any provision of this by-law shall be borne by the person (s) responsible for creating the infraction.

14.3 Where the owner is in default on any of the provisions of this by-law, the Corporation of the Township of Black River-Matheson may add the fees and charges imposed by this by-law to the tax roll for any real property in the municipality all the owners of which are responsible for paying the fees and charges and collect them in like manner as taxes as provided fir in the Municipal Act, R.S.O. 1990, Chapter M.45, Section 220.1(8) as amended.

14.4 Each day a violation continues shall be deemed to be a separate offence.



15. SCHEDULES TO FORM PART OF BY-LAW

Schedules “A”, “B”, “C” and “D” shall form part of this by-law.


16. VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for some reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provisions so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

If there is a conflict between any provisions or regulation of this by-law relating to pit bulls and any provisions or regulations of the DOLA or any other Act relating to pit bulls, the provision that is the most restrictive in relation to controls or bans on pit bulls prevails.

That by-laws 1121-93, 2001-96, 2037-97, 2070-98, 2170-2000, 2161-2000 and any other by-laws pertaining to dogs are hereby repealed.

This by-law shall come into force and take effect on the date of the final passing thereof.


Read a first and second time this ______ day of _________, 2005.

Read a third time and finally passed this ______ day of _________, 2005.






__________________________
MAYOR


__________________________
CLERK

Schedule A Fees

CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

DOG BY-LAW

SCHEDULE “A” OF BY-LAW 2005-26



MALE/FEMALE DOG: $20.00

MALE/FEMALE DOG (SPAYED/NEUTERED) $20.00

KENNEL $50.00

REPLACEMENT TAG $5.00

ADOPTION FEE $20.00

Adoption Form

CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

DOG BY-LAW

SCHEDULE “C” OF BY-LAW 2005-26


ADOPTION FORM


Name:_____________________________________ Sex: Male Female

Address:_________________________________________________________

City:_________________________ State:_____________ Zip:________

Home Phone:______________________ Work Phone:__________________

E-mail:____________________________ Cell Phone:___________________

Are you over 19 years of age? Yes No

Is the adoption for yourself? Yes No

If no, Name, address and phone number of person adoption is for:____________

________________________________________________________________

Do you rent? Yes No

If yes, do you have the Landlord’s permission? Yes No

Description of dog being adopted:_____________________________________

________________________________________________________________

Adoption fee paid? Yes No Purchase dog tag? Yes No

Once all fees are paid and adoption form filled out and signed, the adoption is final. The Township of Black River-Matheson will not be held liable in regards to the dog once adoption is complete. All adoptions are final.

________________________________ _____________________
Signature of adopter Date

________________________________ _____________________
Signature of Pound keeper Date

Registration Form for Pit Bulls

CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

DOG BY-LAW

SCHEDULE “D” OF BY-LAW 2005-26


REGISTRATION FORM FOR PIT BULLS


Name:_____________________________________Address:_______________

________________________________________________________________

City:_________________________ State:_____________ Zip:________

Home Phone:______________________ Work Phone:__________________

E-mail:____________________________ Cell Phone:___________________

Is yard fenced where dog lives? Yes No

How many dogs? ___________ When were dog(s) purchased__________

___________________________ Are you the owner? Yes No

If no, please provide name, address and phone number of owner.____________

________________________________________________________________

Are the dog(s)? Male______ Female______

Are the dogs spayed or neutered? Yes No

Do you own or rent? _________

If you rent, do you have the Landlord’s permission to keep a dog(s) Yes No

Actual breed of dog ___________________ Name of dog__________________

Does the dog have a tag? Yes No

________________________________ _____________________
Signature of owner or designate Date

Building By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 19-2006

BEING A BY-LAW respecting permits for construction, demolition, change of use and conditional permits, sewage systems, inspections and the charging of permit fees within the Township of Black River-Matheson.

WHERE AS the Municipal Act, S.O. 2001, c. 25, Section 130 as amended provides that a municipality may regulate matters not specifically provided for by the Municipal Act or any other Act for purposes related to health, safety and well-being of the inhabitants of the Municipality.

AND WHERE AS section 7 of the Building Code Act, S.O. 1992, c.23 as amended, empowers Council to pass by-laws respecting all classes of permits under the Act, requiring the payment of permit fees, inspections.

AND WHERE AS section 35 of the Building Code Act, S.O. 1992, c.23 as amended, provides that the Building Code Act and the Building Code supersede all municipal by-laws respecting the construction and demolition of buildings.

AND WHERE AS section 3.-(1) of the Building Code Act, S.O. 1992, c.23 as amended, provides that the council of each municipality is responsible for the enforcement of the Building Code Act in the municipality.

AND WHERE AS section 3.-(2) of the Building Code Act, S.O. 1992, c.23 as amended, provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Building Code Act in the areas in which the municipality has jurisdiction.

NOW THEREFORE the Council of the Corporation of the Township of Black River-Matheson enacts as follows:


1. TITLE

This by-law may be referred to as the “Building By-Law”.


2. DEFINITIONS

• ACT means the Building Code Act, S.O. 1992, Chapter 23 as amended.

• AS CONSTRUCTED PLANS means as constructed plans as defined in the Building Code.

• ARCHITECT means a holder of a license, a certificate of practice, or a temporary license under the Architect’s Act as defined in the Building Code.

• BUILDING means a building as defined in Section 1.-(1) of the Act.

• BUILDING CODE means the regulations made under Section 34 of the Act.

• CHIEF BUILDING OFFICIAL means the Chief Building Official appointed the Corporation of the Township of Black River-Matheson for the purposes of enforcement of the Act, Building Code and this by-law.

• CONSTRUCT means construct as defined in Section 1.-(1) of the Act.

• CONTRACTOR means the person/business who is conducting work under contract/agreement to a structure/building.

• DEMOLISH means demolish as defined in Section 1.-(1) of the Act.

• DESIGNER means the person responsible for the design.

• ENGINEER means a person who holds a license or a temporary license under the Professional Engineer’s Act, as defined in the building code.

• FARM BUILDING means a farm building as defined in section 1.1.3.2 of the Building Code.

• INSPECTOR means an inspector appointed by by-law of the Corporation of the Township of Black River-Matheson for the purpose of enforcing the Act.

• MINISTRY means the Ministry of Municipal Affairs and Housing.

• MUNICIPALITY means the Township of Black River-Matheson.

• OCCUPANCY means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property.

• OWNER means the registered owner of the property and includes a lessee, mortgagee in possession, and the authorized agent in lawful control of the property.

• PERMIT means written permission or written authorization from the chief building official to perform work regulated by this by-law, the Act and the Building Code or to change the use of a building or part of a building or parts thereof, or to occupy a building or part thereof as regulated by the Act and Building Code.

• PLUMBING SYSTEM means a plumbing system as defined in Section 1.-(1) of the Act.

• PRINCIPAL AUTHORITY means a principal authority a defined in Section 1.-(1) of the Act.

• PROVINCIAL APPLICATION FORMS are the forms established and approved by the Ministry of Municipal Affairs and Housing.

• SEWAGE SYSTEM means a sewage system as defined in Section 1.-(1) of the Act.

• Terms not defined in this by-law shall have the meaning ascribed to them in the Act or the Building Code.


3. CLASSES OF PERMITS

Classes of permits with respect to the construction, demolition and change of use of buildings, and permit fees shall be as set out in Schedule “A” of this by-law.

No person shall construct, demolish, renovate or change the use or cause the construction, demolition, or change of use of a building without first obtaining a permit.

4. APPLICATION FOR PERMIT

4.1 To obtain a permit, the owner or an agent authorized in writing by the owner shall file an application in writing by completing the provincial application form (form C-1), as set out in Schedule “C”, which are available at the office of the municipality, from the Chief Building Official or from the Building Code website www.obc.mah.gov.on.ca.

4.2 Every application for a permit shall, in addition to meeting all other application requirements set out in this by-law, the Building Code and Act shall:

i. Identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made.

ii. Include the legal description, the municipal address and where appropriate, the 9-11 number of the land on which the work is to be done.

iii. Be accompanied by plans, specifications, documents and other information as described in this by-law for the work to be covered by the permit.

iv. State the estimated value of the proposed work including materials, labour and related direct costs associated with the work exclusive of land.

v. State the names, addresses and telephone numbers of the owner, applicant, architect, engineer or other designer, and the contractor or person hired to carry out the construction or demolition as the case may be.

vi. Be accompanied by the fees calculated in accordance with Schedule “A” of this by-law.

vii. Be signed by the applicant who shall certify as to the truth of the contents of the application.

4.3 The permit, once issued, shall be prominently displayed on the site of the work for which the permit was issued. Work at the site shall not be performed until the permit has been so displayed.

4.4 Where an application for a permit remains incomplete or inactive for a period of one (1) year after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant who may be entitled to a partial refund of fees as set out in Schedule “B”. If an application is deemed to be abandoned, a new application must be filed for the proposed work.


5. CONSTRUCTION PERMITS

Where application is made for a construction permit under Section 8.-(1) of the Act, the application shall;

i. Contain the information required in Section 4.

ii. Include the proposed or existing occupancy of all parts of the building.




6. DEMOLITION PERMITS

Where application is made for a demolition permit under Section 8.-(1) of the Act, the application shall;

i. Contain the information required in Section 4,

ii. Be accompanied by satisfactory proof that arrangements have been made with the proper authorities for the disconnection of all utilities (water, sewer, gas, telephone, electric) serving the building.


7. CONDITIONAL PERMITS

Where application is made for a conditional permit under Section 8.-(3) of the Act, the application shall;

i. Contain the information required by Section 4 of this by-law,

ii. Contain such other information, plans and specifications concerning the complete project as the Chief Building Official may require,

iii. State the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted,

iv. State the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained and,

v. State the time in which plans and specifications of the complete building will be filed with the Chief Building Official.


8. CHANGE OF USE PERMITS

Even though no construction is proposed, no person shall change the use of a building or permit the change of use of a building or part of it which would result in an increase in hazard as determined by the OBC unless a permit has been issued by the Chief Building Official.

Where application is made for a change of use permit under Section 10.-(1) of the Act, the application shall be submitted to the Chief Building Official, and shall;


i. Use the change of use application form (form C-2) as set out in Schedule”C” of this by-law, with all applicable fields completed.

ii. Describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building.

iii. Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made.

iv. Include plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the requirements of the Building Code, including floor plans, details of wall, ceiling and roof assemblies, identifying required fire resistance ratings and local bearing capabilities.

v. Be accompanied by the required fee as set out in Schedule “A”.

vi. State the name, address and telephone number of the owner.

vii. Be signed by the owner or his/her authorized agent who shall certify the truth of the contents of the application.


9. SEWAGE SYSTEMS

Where permits and fees are required for the installation, renovation, demolition or inspection of any class of sewage system, the owner shall obtain such permits from the Porcupine Health Unit.

10. PLUMBING SYSTEM

Where application is made for a plumbing permit under Section 8.-(1) of the Act, the application shall:

i. Contain the information required by Section 4 of this by-law.

ii. Include the information contained in form C-9 as set out in Schedule “C” of this by-law.


11. TRANSFER OF PERMITS Where application is made for a transfer of permit under subsection 7(h) of the Act, the new applicant shall complete a permit application form in accordance with Section 4 of this by-law.


12. PARTIAL PERMIT When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project, application shall;

i. Be made and all applicable fees paid for the complete project.

ii. Complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official.

iii. Where a permit is issued for part of a building or project, this shall not be construed to authorize construction beyond the plans for which approval was given nor that approval will necessarily be granted for the entire building or project.

iv. Partial permits are appropriate where the construction authorized by the permit complies with the Act, Building Code and any other applicable law.


13. REVISION TO PERMIT

Under Section 8.-(12) of the Act, no person shall make a material change or cause a material change to be made to a plan, specification, document or other information on the basis of which a permit was issued without notifying, filing details with and obtaining the authorization of the Chief Building Official. Notifications of such changes and applications for revisions to issued permits shall be submitted in writing to the Chief Building Official.


14. FARM BUILDINGS

Farm buildings shall conform to the requirements set out in the Act, the Building Code and this by-law. Where an application for a permit is made for farm buildings, the application shall;

i. Contain the information required in section 4, and

ii. Contain the information required in Section 5, if applicable, or,

iii. Contain the information required in Section 6, if applicable, or,

iv. Contain any other information as set out in any other part of this by-law, where applicable.

15. EQUIVALENTS

Where an application for a permit or for authorization to make a material change
to a plan, specification, document or other information on the basis of which a permit was issued, proposes the use of a material, system or building design not authorized by the Building Code, the Chief Building Official may allow such use under Section 9 of the Act. Using form C-8 of Schedule “C”, the following information shall be provided:

i. A description of the proposed material, system or building design for which authorization under section 9 of the Act is requested.

ii. Any applicable provisions of the Building Code.

iii. Evidence that the proposed material, system or building design will provide the level of performance required by the Building Code, and

iv. Include the required fees as set out in Schedule “A” of this by-law.


16. PLANS AND SPECIFICATIONS

16.1 Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether the proposed work conforms to the Act, Building Code and any other applicable law.

16.2 Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of plans and specifications required under this by-law.

16.3 Plans shall be drawn on paper or other durable material, shall be legible and whenever possible drawn to scale and without limiting the generality of the foregoing, shall include working drawings as set out in Schedule “D” of this by-law, unless otherwise specified by the Chief Building Official.

16.4 Site plans submitted shall be referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with and retained by the municipality unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determined whether the proposed work conforms to the Act, Building Code, and any other applicable law. Site plans shall show:

i. Lot size and the dimensions of property lines and setbacks to any existing or proposed buildings.
ii. Existing and finished ground levels or grades.

iii. Existing rights-of-way, easements and municipal services, and

iv. Proposed fire access routes and existing fire hydrant locations.

16.5 On completion of the construction of a building, the Chief Building Official may require a set of as constructed plans, including a plan of survey showing the location of the building.

16.6 Plans and specifications furnished according to this by-law or otherwise required by the Act become the property of the municipality and will be disposed of or retained in accordance with relevant legislation.

16.7 No person shall construct, demolish or alter or repair a building or structure in a manner contrary to approved plans.


17. FEES AND REFUNDS

17.1 Fees for a required permit shall be as set out in Schedule “A” to this by-law and are due and payable upon submission of an application for a permit.

17.2 Where the fees payable in respect of an application for a construction or demolition permit under Section 8.-(1) of the Act or a conditional permit under Section 8.-(3) of the Act are based on the cost of valuation of the proposed work, the cost of valuation of the proposed work shall mean the total cost of all work regulated by the permit, including the costs of all material, labour, equipment, overhead and professional and related services, provided that where application is made for a conditional permit, fees shall be paid for the complete project.

17.3 The Chief Building Official may place a valuation on the cost of the proposed work for the purposes of establishing the permit fee, and where disputed, the applicant shall pay the required fee under protest and, within six (6) months of completion of the project, shall submit an audited statement of the actual costs and where the audited costs are determined to be less than the valuation, the Chief Building Official shall issue a refund.

17.4 In the case of refusal or revocation of a permit, withdrawal of an application or the abandonment of all or a portion of the work or the non-commencement of any project, the Chief Building Official shall determined the amount of paid permit fees that may be refunded to the applicant, if any, in accordance with Schedule “B” of this by-law.

17.5 All permits issued under the authority of the by-law shall be given free of charge for any Municipal building or demolition project under the jurisdiction of the Council. All other requirements of the by-law shall apply to any permit so issued.


18. REVOCATION OF PERMITS

18.1 Prior to revoking a permit under Section 8.-(10) of the Act, the Chief Building Official shall serve a written notice, either by personal service or registered mail, to the permit holder at the last known address and, if on the expiration of thirty (30) days from the date of such notice, the Chief Building Official may revoke the permit if grounds to revoke still exists, without any further notice.

18.2 A permit holder may within thirty (30) days from the date of service, request in writing, the Chief Building Official to defer the revocation of such permit by stating the reasons why the permit should not be revoked and the date by which the work will be commenced or resumed.

18.3 Having considered the circumstances of the request and having determined that there have been no changes to the Act, Building Code and any other applicable law, the Chief Building Official may allow the deferral, and shall notify the permit holder in writing.


19. NOTICE REQUIREMENTS AND INSPECTIONS

19.1 The person to whom the permit has been issued under section 8 of the Act shall give notice to the Chief Building Official of the readiness for inspection at the various stages of construction as outlined in Article 2.4.5.1 of the Building Code and further listed in Schedule “E” to this by-law.

19.2 After the mandatory inspection notice has been received under Article 2.4.5.1 of the Building Code, an inspector shall undertake a site inspection within the time frames prescribed in Article 2.4.5.3 of the Building Code. The time frames being;

i. In the case of sewage systems, five (5) business days after the receipt of notice and,

ii. Two (2) business days after the receipt of notice in all other cases.

19.3 In addition to the mandatory inspection notices prescribed in Article 2.4.5.1, the person to whom the permit was issued under Section 8 of the Act shall provide the Chief Building Official with “additional notices” as set out in Article 2.4.5.2 of the Building Code by notifying the Chief Building Official or an inspector at least two (2) business days prior to each stage of construction listed in Article 2.4.5.2 of the Building Code and Schedule “E” to this by-law.

19.4 A notice pursuant to this section, (19), is not effective until written or oral notice is actually received by the Chief Building Official.


20. PRESCRIBING FORMS

20.1 The forms prescribed for use by the Chief Building Official as applications for permits, for orders as approved by the Ministry, and for inspection reports shall be set out in Schedule “C” to this by-law.

20.2 Every person for whom a permit was issued shall comply with any order, as set out in Schedule “C”, issued by the Chief Building Official. Such orders are outlined as follows:

i. Order not to cover or enclose

ii. Order to uncover

iii. Stop work order

iv. Order to comply

v. Order requiring tests and samples.

21. FENCING OF EXCAVATION

21.1 Every person shall erect and maintain a fence to enclose the construction or demolition site. The prescribe the height and description of such fences shall be constructed as constructed as follows:

i. The height of the fence shall be a minimum of four (4) feet (1.22 meters) and a maximum of six (6) feet (1.8 meters).

ii. Every fence required under this by-law shall be of any material (chain link, wood, snow fence) which will be supported by the appropriate posts which are embedded in the ground to provide ridged support.

iii. No fence shall be constructed or consist of new or used tires, barbed wire or equivalent materials or an electric fence.

iv. The fence may provide for openings sufficient to accommodate construction vehicles, machines and any other equipment providing services to the construction site, provided these openings are closed and secured when the site is shut down.

v. The fence shall remain in place until all construction related hazards have been removed from the site.

vi. The Chief Building Official shall determine if a fence is necessary based on the work described in the permit application.


22. CERTIFICATE OF COMPLIANCE

A certificate of compliance as per Schedule “G” shall be issued by the Chief Building Official upon final inspection, providing all work done pursuant to the permit complies with the Act, Building Code and this by-law.


23. CODE OF CONDUCT

The Township of Black River-Matheson maintains this code of conduct in accordance with the provisions of the Building Code Act. Building Officials undertake building certification functions that ensure the quality, structural integrity and safety of buildings. Building Officials are exposed to potential conflicts of interest because of the special powers conferred on them. The conduct and behaviour of the Township of Black River-Matheson Building Officials reflects the Building Department’s commitment to the highest competence, skill, honesty, fairness and independence. The Code of Conduct is outlined in Schedule “H” of this by-law.

24. OFFENCES

Section 36 of the Act provides that a person is guilty of an offence under the Act if a person contravenes the Act, Building Code or this by-law. Proceeds of fines as per section 36.-(9) and Schedule “F” shall be paid to the treasurer of the municipality. A person who is convicted of an offence is liable to a fine of not more than $50,000.00. If a corporation is convicted of an offence, the maximum penalty imposed is $100,000.00.

25. VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this by-law shall remaining full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

That by-law numbers 283-77, 989-90, 1144-94, 1173-95, 2014-96, 05-2006 and any other by-laws pertaining to the building by-law are hereby repealed.

This by-law shall come into force and take effect on the date of the final passing thereof.

Read a first and second time on this _____day of ______________, 200 .

Read a third time and finally passed on this _____day of _____________, 200 .





__________________________
MAYOR




__________________________
CLERK

Fences & Pools By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 48-2007

BEING A BY-LAW TO AMEND BY-LAW 2005-46, OF THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON.

WHEREAS the Council of the Corporation of the Township of Black River-Matheson is desirous of amending By-law 2005-46, being a by-law to regulate the height and description of lawful fences and hedges and to require owners to fence outdoor swimming pools and to obtain permits for the construction of fences and swimming pools.

WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 11(1)7, authorizes a municipality to pass by-laws respecting matters relating to structures, including fences and signs;

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 130, authorizes a municipality to pass by-laws respecting matters relating to structures, including fences and signs.

AND WHEREAS the Municipal Act R.S.O. 2001, Chapter 25, Section 130, authorizes a municipality to regulate matters for the purposes related to the health, safety and well being of the inhabitants of the municipality.

NOW THEREFORE the Council of the Corporation of the Township of Black River-Matheson enacts the following:


1. DEFINITIONS

For the purpose of this by-law, the following definitions shall apply:

• AGRICULTURAL ZONE means an agricultural zone as defined in the Township of Black River-Matheson Zoning By-law.

• BY-LAW ENFORCEMENT OFFICER means the By-law Enforcement Officer of the Corporation of the Township of Black River-Matheson.

• CHIEF BUILDING OFFICIAL means the Chief Building Official of the Corporation of the Township of Black River-Matheson.

• COMMERCIAL ZONE means a commercial zone as defined in the Township of Black River-Matheson Zoning By-law.

• CORNER LOT means a lot situated at the intersection of, or abutting upon, two or more public streets, having an angle of intersection of not more than one hundred and thirty-five (135) degrees.

• CORPORATION means the Corporation of the Township of Black River-Matheson.

• COUNCIL means the Council of the Corporation of the Township of Black River-Matheson.

• ELECTRIC FENCE means a fence consisting of a devise for projecting an electric current through it.

• FENCE shall mean any barrier constructed of chain link, wood, stone, brick, metal or other similar materials or combination of such materials having an equivalent degree of strength for the purpose of delineating, screening, safeguarding, enclosing, separating or to define property boundaries, in whole or in part.

• INDUSTRIAL ZONE means an industrial zone as defined in the Township of Black River-Matheson Zoning By-law.

• OWNER means:

i. The registered owner of the land,

ii. A person authorized in writing by the owner (as defined in clause (i)) to act on the owner’s behalf,

iii. A person apparently in possession of land, or,

iv. A lessee or tenant.

• PERSON means an individual, firm, business, corporation, association or partnership.

• RESIDENTIAL ZONE means a residential zone as defined in the Township of Black River-Matheson Zoning By-law.

• RURAL ZONE means a rural zoned as defined in the Township of Black River-Matheson Zoning By-law.

• SWIMMING POOL means a body of water which is permanently or temporarily located outdoors either above or below ground, or partly thereof, in which the depth of water at any point can exceed 36 inches (3 feet), and is used or capable of being used for the purpose of swimming, wading, diving or bathing. This hsall include hot tubs, whirlpools and spas.


2. GENERAL PROVISIONS

i. No person shall construct, erect, maintain or cause to be constructed, erected or maintained a fence within the Township of Black River-Matheson without first obtaining a permit.

ii. No person shall construct, erect, maintain or cause to be constructed, erected and maintained a fence within the Township of Black River-Matheson that is in contravention of any provisions of this by-law, the zoning by-law, the Building Code Act, the Ontario Building Code and any other by-laws which might pertain to fences.

iii. No person shall construct, erect, maintain or cause to be constructed, erected and maintained a fence consisting of new or used tires, whether as a recycling project or not in any part of the Township of Black River-Matheson.


3. RESIDENTIAL AND RURAL ZONES

i. No person in a residential or rural zone shall construct a fence on any lot in between the front building line and the rear lot line including the rear lot line, greater than 6 feet (1.8 meters).

ii. Notwithstanding 3(i), where a person makes an application to the council of the Township of Black River-Matheson, council may increase the maximum height.

iii. On any corner lot, no fence shall be constructed of a height which adversely affects or obstructs the line of sight of the driver of any vehicle approaching or stopped at the intersection.

iv. Where hedges are used as fences between the front building line and the street line, the hedges shall not be in excess of the height limit for fences herein provided.

v. No person shall construct an electric fence or a fence consisting of barbed wire or equivalent materials in a residential or rural zone, unless specifically allowed within this by-law.

vi. Every fence constructed in any residential zone shall at all times be structurally sound.


4. SECURITY FENCE

i. Notwithstanding Section 3(v), a farmer shall not be restricted from using electric fencing for the purpose of controlling livestock.

ii. Notwithstanding Section 3(v), an electric fence shall be permitted at any landfill sites owned, operated or maintained by the Corporation of the Township of Black River-Matheson.

iii. Notwithstanding Section 3(v), a fence consisting of barbed wire or equivalent material shall be permitted at the following locations:

a) On land in an agricultural zone used for the purpose of controlling livestock.

b) On top of a fence erected for security reasons around any recreational, operational or storage facility owned, operated or maintained by the Corporation of the Township of Black River-Matheson.

5. INDUSTRIAL AND COMMERCIAL ZONES

i. No person shall construct a fence in an industrial or commercial zone in excess of 9.5 feet (2.5 meters).

ii. Notwithstanding Section 3(v), a fence consisting of barbed wire or equivalent material shall be permitted provided that:

a) The first strand of barbed wire must be located at the top of the fence, starting no less than 8 feet (2.4 meters) from the grade.

b) The barbed wire projects inwards towards the area enclosed.

6. FENCES ON TOWNSHIP PROPERTY

No person shall construct or permit to be constructed a fence from the street line to the sidewalk or roadway and along the same on the property of the Township of Black River-Matheson.

7. SWIMMING POOLS

A. No person shall construct or maintain or permit to be constructed or maintained a swimming pool within the Township of Black River-Matheson without first:

i. Obtaining a pool permit from the Township of Black River-Matheson.

ii. Remit the required fee as set out in the Township of Black River-Matheson’s user fee by-law.

B. In addition to section A, every person who constructs or maintains or permits to be constructed or maintained any swimming pool within the Township of Black River-Matheson shall construct a fence in accordance with the following minimum requirements.

i. Obtain a building permit from the Township of Black River-Matheson for the construction of the fence.

ii. Every fence which encloses a swimming pool shall be 6 feet (1.8 meters) in height, located at a distance of not less than 5 feet (1.5 meters). In a residential zone, the fence shall be located not more than 30 feet (9.1 meters) from the swimming pool.

iii. Every fence shall be equipped with a gate or door that is equipped with a self-closing and self latching device which must be placed at the top on the swimming pool side of the gate or door. Each gate or door shall remain closed and locked when the swimming pool is not in use.

iv. Section 7(B) (iii) does not apply to the door of any dwelling house, building, accessory building which forms part of the fence.

v. Decks are permitted around swimming pools provided they comply with the provisions set out in section 7(B) (iii).

vi. No person shall fill or permit water to remain in a swimming pool until all fences and gates as provided for in this by-law have been installed.

C. Fencing, including gates and doors, for swimming pools:

i. Shall be vertically boarded wood construction, chain link construction, solid wood, basket weave construction, masonry, plastic, metal construction or a material having an equivalent degree of strength.

ii. Shall have no rails or other horizontal or diagonal bracing or attachments on the outside that may facilitate climbing.

iii. Shall have no opening with a horizontal dimension greater than 3 inches (76 mm).

iv. Shall not be more than 4 inches (102 mm) above the finished grade.

v. Shall have no device for the projecting electric current through the fence or contained barbed wire in any manner.

vi. The wall of any dwelling house, building or accessory building may be utilized to effectively enclose any swimming pool.

D. Notwithstanding Sections 7(A) and 7(B), structures known as hot tubs, whirlpools or spas shall be exempted from the provisions of this by-law provided that it is adequately secured with a tight fitted cover with a locking device, which shall be kept locked and in place when not in use. If a fence as outlined in Sections 7(B) and 7(C) are in place, then a cover is not required.

8. ADMINISTRATION

The By-Law Enforcement Officer, Chief Building Official or their designates shall have the authority to administer this by-law in its entirety.

9. VIOLATION AND ORDERS

i. A violation notice shall be delivered or sent by prepaid registered mail to the owner or person who contravenes any provisions of this by-law with an order to remedy the infraction.

ii. After seven (7) days, if an order has not been complied with as per instruction of the By-law Officer, Chief Building Official or their designates, all work to render a fence or swimming pool safe and in compliance with this by-law may be performed by the Township of Black River-Matheson, and all costs shall be borne by the owner or person and may be recoverable in like manner as municipal taxes.

10. PENALTY

Any person who contravenes any provisions of this by-law is guilty of an offense and on conviction is liable to a fine of not more than $5000.00 as set out in the Provincial Offenses Act, R.S.O. 1990, Chapter P.33.

11. TITTLE

This By-Law may be cited as the “Fence” by-law.

12. SCHEDULES TO FORM PART OF BY-LAW

Schedule “A” shall form part of this by-law.

13. VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this by-law shall remaining full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

That by-law 2092-99 is hereby repealed.

This By-Law shall come into force and take effect on the date of the final passing thereof.

Read a first and second time on this _____ day of ___________, 2007.

Read a third time and finally passed on this _____ day of ____________, 2007.





__________________________
MAYOR



__________________________
CLERK

Fire Regulations By-Law

CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 18-2006

BEING A BY-LAW TO REGULATE THE SETTING OF FIRES, PRESCRIBING THE TIMES IN WHICH FIRES CAN BE SET, AND SET OUT PRECAUTIONS TO BE TAKEN WITHIN THE BOUNDARIES OF THE TOWNSHIP OF BLACK RIVER-MATHESON.

WHEREAS pursuant to Section 130 of the Municipal Act 2001, a municipality may regulate matters for the purposes related to the health, safety and well-being of the inhabitants of the municipality;

AND WHEREAS pursuant to Section 7.1(1) of the Fire Protection and Prevention Act S.O. 1997 c.4, as amended, a municipality may pass by-laws regulating fire prevention, regulating the setting of open air fires, including the times during which open fires may be set;

AND WHEREAS Section 7.1(4) of the Fire Protection and Prevention Act S.O. 1997 c.4, as amended, provides for a municipality to appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determined whether by-laws enacted in accordance with section 7.1 are being complied with;

AND WHEWREAS the Council of the Corporation of the Township of Black River-Matheson deems it desirable and necessary for the protection of its citizens to enact a by-law respecting the control and management of fires;

NOW THEREFORE the Council of the Corporation of the Township of Black River-Matheson enacts as follows:

1. DEFINITIONS

For the purpose of this by-law, the following definitions shall apply;

 BUILDING means any structure consisting of walls and a roof or any part or combination thereof, which is used for shelter, accommodation or enclosure of persons, animals, equipment, goods or materials, or a structural system serving a function thereof. Structure and building shall have a corresponding meaning.

 BONFIRE means a large fire built outdoors, used for signalling or in celebration of an event supervised at all times.

 CONTAINED means to enclose, restrain, hold or to keep within limits.

 CAMPFIRE means a small fire, contained by rocks, bricks or similar material, supervised at all times and used to cook food or to provide warmth, but does not include a bonfire.

 CONTROLLED FIRE means a prescribed ignition undertaken by the Municipality or other government agency for maintenance purposes.

 CORPORATION means the Corporation of the Township of Black river-Matheson.

 COUNCIL means the Council of the Corporation of the Township of Black River-Matheson.

 DOMESTIC WASTE means the kitchen waste, food, scraps, cloth, rags, clothing, plastics and any other materials which contents include any of the aforementioned.

 FIRE CHIEF means the person appointed as Fire Chief of the Corporation of the Township of Black River-Matheson.

 FIRE PREVENTION OFFICER (FPO) means the person appointed as the Fire Prevention Officer of the Corporation of the Township of Black River-Matheson.

 INCINERATOR means an enclosed device used for burning waste.

 MUNICIPAL LAW ENFORCEMENT OFFICER means the person appointed as the By-law Enforcement Officer of the Corporation of the Township of Black River-Matheson.

 OFFICER shall include the Fire Chief, Fire Prevention Officer, the By-law Enforcement Officer and/or their designates.

 OPEN AIR BURN means a fire used to burn grass, shrubs, brush which is not contained. Open air fire shall have corresponding meaning.

 OWNER means any person, firm or corporation having control over any portion of the property under consideration.

 RURAL AREA means zones as set out in the Township of Black River-Matheson Zoning By-law.

 URBAN AREA means the zones set out in the Township of Black River-Matheson Zoning By-law.


2. GENERAL REQUIREMENTS

a. The provisions of this by-law shall apply to all land within the boundaries of the Corporation of the Township of Black river-Matheson.

b. The person for whom the permit has been issued shall be responsible for complying with the provisions of this By-law and any other legislation in respect to the setting of fires.

c. No person shall set fires out of doors in the Municipality between the hours of eight o’clock in the morning (8:00 am) and six o’clock in the evening (6:00 pm), during the months of April, May, June, July, August, September and October, unless otherwise stated in this By-law.

d. All fires shall be supervised at all times by the owner or his/her agent who the permit is issued.

e. All fire scenes shall be equipped with safety equipment such as an operational water hose, portable fire extinguishers, rakes and shovels.

f. No owner or person shall have, or cause to have any fires within the urban areas of the Corporation of the Township of Black River-Matheson unless otherwise stated in this By-law.

g. No permit shall be issued to any person unless such person has reached the age of majority.

h. Where, in the opinion of the Fire Chief, Fire Prevention Officer or the By-law Enforcement Officer, a potentially dangerous situation exists, due to fire, smoke, weather or environmental health concerns, the permit may be refused, suspended or rescinded.

i. Campfires are permitted in rural areas only. A permit is not required to light or maintain a campfire. Section 2(c) shall not apply to campfires.

j. This By-law shall not apply to barbecues.

3. CHIMENEA/RECREATIONAL FIREPLACE

A chimenea/recreational fireplace shall be permitted within urban areas and is subject to the following regulations;

a. No owner or person shall light or maintain a fire without first obtaining a permit,

b. All chimenea/recreational fireplaces shall be certified by the Canadian Standards Association or another accredited testing laboratories.

c. All chimenea/recreational fireplaces shall be equipped with an approved spark arrester.

d. All chimenea/recreational fireplaces are to be at least 3m (10 feet) from buildings, trees or other combustible materials.

e. The Fire Chief, Fire Prevention Officer or the By-law Enforcement Officer or his/her designate may require additional criteria be met for the protection and safety of persons and property (i.e.; a cement base).

f. Only clean wood burning material can be used. The burning of petroleum products, plastics, rubber, garbage, domestic waste or anything that will cause excessive smoke is prohibited.

4. OPEN AIR BURN

For the purpose of open air burning, the following regulations shall be maintained:

a. No person shall light or maintain a fire without first obtaining a permit.

b. The owner shall ensure that no fire is ignited with gasoline, oil or any other toxic substance or material.

5. INCINERATOR

For the purpose of lighting or maintaining a fire within an incinerator, the following regulations shall be maintained:

a. No person shall light or maintain a fire without first obtaining a permit.

b. Incinerators shall only be installed in rural areas.

c. Ensure that no fire is lit or maintained within 3m (10 feet) of a building, structure, property line or other combustibles and must be covered by a metal mesh material with openings not more than 5 millimeters in size.






FIRE PERMIT

The Township of Black River-Matheson hereby approves and adopts the Fire Permit attached as Schedule “A” to this by-law as this municipality’s official Fire Permit.

FIRE DEPARTMENT RESPONSE

In the event that the Township of Black River-Matheson Fire Department responds to an alarm call and is required to extinguish any open or contained fire which has escaped from control, the owner of the property shall be liable for a cost of the attendance of the Fire Department. Such costs are as set out in the Township of Black River-Matheson Fire fees and charges by-law.

ADMINISTRATION

The Fire Chief, By-law Enforcement Officer and their designates shall have the authority to administer this by-law in its entirety. Any and all schedules attached shall form part of this by-law.

VIOLATIONS AND PENALTIES

Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine of not more than $5,000.00, as set out in The Provincial Offences Act, R.S.O. 1990, Chapter P.33.

This by-law may be cited as the Township of Black River-Matheson Fire Control By-law.

VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause of provisions so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

This by-law shall come into force and by-laws 2038-1997, 2063-1998, 2141-2000 and 08-2004 shall be rescinded upon final approval of the Set Fine Schedule by the Ministry of the Attorney General.

Any permits depicting the by-law no. 2004-08 shall be deemed to be referring to this by-law and used until such times new permits are available showing this by-law’s no.

Read a first and second time this _____ day of _________________, 200 .

Read a third time and finally passed this _____ day of_______________, 200 .




________________________________
MAYOR

________________________________
CLERK

Fireworks By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 2005-30


BEING A BY-LAW TO REGULATE THE SALE AND USE OF FIREWORKS AND TO PROHIBIT THE SALE AND USE OF FIRECRACKERS IN THE TOWNSHIP OF BLACK RIVER-MATHESON.

WHERE AS the Municipal Act, R.S.O., 2001 Chapter 25, Section 121, subsection 1 authorizes a Municipality to pass by-laws for prohibiting and regulating the sale and setting off of fireworks.

AND WHERE AS the Municipal Act, R.S.O. 2001 Chapter 25, Section 121, subsection 2 authorizes a Municipality to prohibit the sale or setting off of fireworks unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including submission of plans.

NOW THEREFORE the Council of the Corporation of the Township of Black River-Matheson hereby ENACTS AS FOLLOWS:

1. TITLE:

This By-Law may be referred to as “The Fireworks By-Law”.

2. DEFINITIONS:

For the purpose of this by-law, the following definitions shall apply:

• DISPLAY means to display consumer fireworks in a way that leads to a reasonable belief that it is intended for sale, even if the fireworks is in an area that the public does not have access to, such as behind a sales counter, or the setting off of any type of fireworks for the purpose of visual show.

• FIREWORKS means any article containing a combustible or any substance or combination of substances prepared for, capable of, or discharged for the purpose of producing a visual show or effect which may or may not be preceded by, accompanied with, or followed by an explosion or audible sound.

• FAMILY FIREWORKS means a pyrotechnic device producing quantities or effects of light, sound or smoke by the combustion of explosive or flammable composition and includes fireballs, roman candles, pinwheels, fountains, skyrockets, sparklers, but does not include firecrackers.

• FIRECRACKER means a pyrotechnic device that is produced solely for an explosion or audible sound when discharged and includes those devices commonly known as Chinese firecrackers, but does not include “caps” used in toy guns.

• PUBLIC FIREWORKS DISPLAY means a discharge of fireworks in a public park, or in some other area deemed as public property and is viewed by a public of more than 20 persons.

• FIRE CHIEF means the Fire Chief of the Corporation of the Township of Black River-Matheson.

• MUNICIPAL LAW ENFORCEMENT OFFICER means the By-Law Officer of the Corporation of the Township of Black River-Matheson.

• PERSON means and includes any individual, firm, incorporated group, business entity or club to whom the context can apply.

• FIREWORKS VENDOR means any person that sells, displays or offers for sale family fireworks.

• FIREWORKS SUPERVISOR means a persons who is 18 years of age or older and has experience in similar events.

• COUNCIL means the Council for the Corporation of the Township of Black River-Matheson.

• MUNICIPALITY means the Corporation of the Township of Black River-Matheson.

3. DISPLAY AND SALE OF FIREWORKS AND FIRECRACKERS

i. No person shall sell or offer for sale any firecrackers.

ii. No person shall set off any firecrackers within the Municipality.

iii. The sale of family fireworks is prohibited except on the following National holidays:

• Victoria Day (Monday preceding May 25)
• Seven (7) days prior to the day being observed as Victoria Day.
• Canada Day (July 1).
• Seven (7) days prior to the day being observed as Canada Day.

iv. The sale of family fireworks is prohibited except on the following holiday:

• St. Jean Baptist Day (June 24, National Day in Quebec)
• Seven (7) days prior to the day being observed as St. Jean Baptist Day.
• Any other special event being held in the Municipality and approved by Council.

v. No person shall knowingly sell any fireworks of any kind or description to a person who is under the age of 18.

vi. Every fireworks vendor shall ensure that a copy of this By-Law is posted on the site in a conspicuous place visible to the public.

vii. All fireworks of any kind shall not be displayed, placed or stored in any window of any store, shop, building or business, adjacent to or near any flammable goods or any sources of heat (rays of the sun).

4. SETTING OFF OF FAMILY FIREWORKS

i. The setting off of family fireworks is prohibited except on the following days:

• Victoria Day.
• The two (2) days immediately preceding Victoria Day.
• Canada Day.
• The two (2) days immediately preceding Canada Day.
• St. Jean Baptist Day.
• The two (2) days immediately preceding St. Jean Baptist Day.

ii. A person eighteen (18) years of age or over may hold a display of family fireworks on any land belonging to him/her or on any other privately owned land where the owner thereof has given permission for such a display or discharge.

iii. No person shall use, or allow to be used any family fireworks in such a place or in a manner as to create a danger or constitute a nuisance to any person or property.

iv. No person under the age of eighteen (18) years of age shall set off fireworks except under the direct supervision and control of a person eighteen (18) years or older.

v. No person shall use or allow to be used any family fireworks without providing suitable means of fire protection (extinguishers etc.).

5. PUBLIC FIREWORKS DISPLAY

i. No person or group of persons shall hold a display of fireworks without first having obtained a permit to do so (Schedule E) signed by the Fire Chief or his designate and the City Clerk.

ii. The application for such permits (Schedule B, C, D) shall be made at least one month prior to the date on which the display is to be held.

iii. The application shall at-least state the day, hour and location for which the permit is desired.

iv. The display of public fireworks shall be approved by Council and the Fire Chief or his designate and that all necessary precautions are being observed to keep spectators at a safe distance from the area where fireworks are to be discharged as specified by the Fire Chief or his designate.

v. No person shall hold a public fireworks display without providing suitable extinguishers and means of extinguishing fires on site and having a Fireworks Supervisor on site.

vi. If, in the opinion of the Fire Chief, it is necessary that a firefighter(s) be present at the setting off of any fireworks, such firefighter(s) shall not be hindered or obstructed in any way whatsoever. Such firefighter(s) shall have the authority to require any precautions for the prevention of fire, which in his opinion is deemed necessary before any fireworks may be se off.

6. GENERAL PROVISIONS

i. No person shall set off any fireworks in or into any building, doorway, automobile or other place where such setting off might create a danger or nuisance to any person or property.

ii. No person shall set off any fireworks in or on any highway, street, road, lane, square or other public place, provided that this shall not be deemed to prohibit a display of public fireworks in accordance with the provisions of this by-law.

iii. No fireworks shall be set off within 25 feet of any building, tent, trailer, camp, shelter or motor vehicle.

iv. No fireworks shall be set off within 600 feet of any place where explosives, gasoline or other highly flammable substances are manufactured or stored in bulk.

v. No fireworks shall be set off within 600 feet of a hospital, nursing home, health lodge, home for the aged, school or church unless consent of the municipality and the owner or his agent is obtained.

vi. That the City Clerk, Fire Chief or the Recreation Director be permitted to authorize the purchase, storage and discharge of fireworks at any time in conjunction with festivals or special events, subject to all other conditions.

vii. In the event of unforeseen circumstances a public fireworks display is unable to take place, a different day shall be used.

7. ADMINISTRATION

i. The Fire Chief, By-Law Enforcement Officer and their designates shall have the authority to administer this by-law in its entirety.

8. PENALTIES

i. Any person who contravenes any provisions of this by-law is guilty of an offense and on conviction is liable to a fine of not more than $5000.00 as set out in the Provincial Offenses Act, R.S.O. 1990, Chapter P.33.

ii. In the event that the Township of Black River-Matheson Fire Department responds to an alarm call and is required to extinguish any fire deemed to be caused by the setting off of fireworks, the owner of the property or the person responsible for starting the fire shall be liable for the cost of the attendance of the Fire Department. Such costs are set out in the Township of Black River-Matheson Fire fees and charges by-law.

9. SCHEDULES TO FORM PART OF BY-LAW

i. Schedules “A”, “B”, “C”, “D”, and “E” shall form part of this by-law.




10. VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this by-law shall remaining full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

That By-Law Number 26-69 and any other by-law pertaining to fireworks is hereby repealed.

This By-Law shall come into force and take effect on the date of the final passing thereof.

Read a first and second time on this _____ day of ___________, 2005.

Read a third time and finally passed on this _____ day of ____________, 2005.





__________________________
MAYOR



__________________________
CLERK

Smoking By-Law

THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BY-LAW NO. 17-2006


BEING A BY-LAW TO PROHIBIT SMOKING IN PUBLIC PLACES AND WORKPLACES IN THE CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON.

WHEREAS Section 115 of the Municipal Act S.O. 2001 Chapter 25, as amended, enables the Council of a municipality to pass a by-law to prohibit or regulate the smoking of tobacco products in public places and workplaces within the municipality;

AND WHEREAS it has been determined that smoking and second-hand tobacco smoke is a serious health hazard because of its adverse effects and risk to the health of all the inhabitants and workers in the Corporation of the Township of Black River-Matheson;

AND WHEREAS it is desirable for the purpose of promoting and protecting the health, safety and welfare of the inhabitants and workers of the Corporation of the Township of Black River-Matheson to provide and ensure that all public places and workplaces are free from second-hand smoke;

NOW THEREFORE the Council of the Corporation of the Township of Black River-Matheson enacts as follows:

1. TITTLE

This by-law may be cited as the “Smoking By-law”.

2. DEFINITIONS

• ASHTRAY means a receptacle of any type used for tobacco ashes and for cigar and cigarette butts.

• BAR shall mean a building or structure or part thereof, in respect of which establishment a liquor sales licence is issued under the Liquor Licence Act and its regulations, and

i. Which whole or portion is used primarily for the sale and service of liquor for immediate consumption by the public on the premises,
ii. In which whole or portion the sale and services of food is incidental to the sale and service of liquor.

• BINGO HALL means any building, location or premises where bingo events within the meaning of the Gaming Control Act, 1992 are conducted.

• COMMON AREA includes any indoor portion of any type of building or facility, commercial or retail establishments, malls, office, hotel, motel, inn, shopping mall, shopping plaza, and includes an elevator, escalator, stairway, corridor, passageway, hallway, unenclosed eating areas in corridors, public restrooms, unenclosed public seating areas and unenclosed public standing areas, whether or not the area is actually occupied by a member of the public at any given time, lobbies, waiting areas, reception areas, foyers.

• COMMON AREA OF A RESIDENTIAL BUILDING includes, but is not limited to an elevator, escalator, stairway, hallway, corridor, laundry room, foyer, reception area, community room, washrooms and parking garages. It does not include rented or privately owned residence.

• COUNCIL means the Council of the Corporation of the Township of Black River-Matheson

• DWELLING means a building or part of a building which actually serves as the residence, for one or more persons. It includes any individual residence rooms in homes for the aged and similar facilities. It does not include any Common Area in residential buildings.

• EMPLOYEE includes a person who being paid or unpaid, performs any work for or supplies any services to an employer, or receives any instructions or training in the activity, business, work, trade, occupation or profession of the employer or his/her agent and includes a volunteer and a person who is self-employed and “employment” has a corresponding meaning.

• EMPLOYER includes any person who as the owner, proprietor, manager, superintendent or overseer of any activity, business, work, trade, occupation or profession, has control over or direction of, or is directly or indirectly responsible for the employment of a person therein.

• ESTABLISHMENT means any or all of: a Retail Establishment, an Eating Establishment, a Place of Public Assembly, and any Public Area or part of a Public Area.

• ENCLOSED, except as noted, means closed in by a roof or ceiling and walls with appropriate openings for ingress and egress.

• INSPECTOR means any employee or class of employee of the Porcupine Health Unit authorized by the Medical Officer of Health to carry out an inspection under and to enforce the provisions of this by-law, or a person or class of person appointed by Council of the Municipality as the Municipal Law Enforcement Officer to enforce this by-law.

• LAUNDROMAT means any facility, premises or areas within a building to which the public has access for the purposes of laundering, washing or drying.

• MUNICIPAL BUILDING means any building or structure used for municipal purposes or owned by the Municipality.

• MUNICIPALITY means the Corporation of the Township of Black River-Matheson.

• MUNICIPAL VEHICLE means any vehicle or class thereof owned by the Municipality.

• OUTDOOR AREA means an existing area where food or beverages are sold or offered to the public for immediate consumption that:

1. Is not covered by a temporary or permanent roof, or

2. if covered by a temporary or permanent roof:

i. has one or more unobstructed, exterior openings in the walls surrounding the roof area which are;

a) located between the floor and a height of 2.44 metres (8 feet) above the floor, and
b) equal to or greater in area than 35% of the total wall surface, such wall to be calculated as if the roofed area were surrounded by walls 2.44 meters in height.

ii. does not share open windows with a public place;

iii. does not share open doors with a public place, except when doors are being opened by individuals to enter or exit the outdoor area;

iv. does not have a thermostat controlled heating or air conditioning system nor does it share a thermostat controlled heating or air conditioning system with a public place;

v. has a circulation of fresh air throughout the area.

• PERSON includes an individual or corporation and shall include the plural wherein the context requires.

• PATRON shall mean a customer, client, guest or visitor, not an employee.

• PROPRIETOR means the person who controls, governs or directs the activity carried on within a public place or establishment and includes the person actually in charge of the premises at any particular time. There may be more than one proprietor of any given public place or establishment at any time or from time to time.

• PUBLIC PLACE means any building, structure, vessel, vehicle or conveyance, including a taxi cab and school bus or part thereof, whether covered by a roof or not, to which the public has access as a right or by invitation, expressed or implied, whether or not a fee is charged for entry but does not include an outdoor area, or a street, road or highway.

• SMOKE OR SMOKING means the smoking of tobacco and includes the carrying or holding of a lighted cigar, cigarette, pipe or any other lighted smoking equipment, but does not include smoke or smoking where smoke or smoking is used in a stage production of a theatrical performance.

• WORKPLACE means a building, structure, vessel, vehicles used by employees or conveyance or part thereof, to which the public may or may not have access either express or implied, in which one or more employees works, including any other area utilized by employees, but does not include an outdoor area, or a street, road or highway.

3. WORKPLACES

3.1 No person shall smoke in any workplace within the Township of Black River-Matheson whether or not a No Smoking sign is posted.

3.2 Every employer shall:

i. ensure compliance with this by-law;

ii. prohibit smoking in the workplace;

iii. inform each employee in the workplace that smoking is prohibited in the workplace;

iv. post No Smoking signs in accordance with Section 6 of this by-law in conspicuous locations at every entrance and washrooms in the workplace indicating that smoking is prohibited in the workplace; and

v. ensure that no ashtrays or like paraphernalia are placed or permitted to remain in any part of the workplace.

3.3 Sections 3.1 and 3.2 do not apply to:

i. a part of a workplace that is used as a private residence;

ii. a room in a hotel, motel or other place where rooms are rented for sleeping accommodation, provided the room is used for sleeping accommodation and the room is designated and specifically set aside as a room in which smoking is permitted;

iii. a workplace located in a dwelling where the only employees of that workplace are persons who live in the dwelling; or

4. PUBLIC PLACES

4.1 No person shall smoke in any public place or establishment within the Township of Black River-Matheson whether or not a No Smoking sign is posted.

4.2 Every proprietor of a public place shall:

i. prohibit smoking in the public place;

ii. give notice to each person in the public place that smoking is prohibited in the public place;

iii. post no smoking signs in accordance with Section 6 of this by-law in conspicuous locations at every entrance and in every washroom in the public place indicating that smoking is prohibited in the public place;

iv. ensure no ashtrays or like paraphernalia are placed or permitted to remain in any public place.

4.3 Sections 4.1 and 4.2 do not apply to a room in a hotel, motel or other place where rooms are rented for sleeping accommodation, provided the room is used for sleeping accommodation and the room is designated and specifically set aside as a room in which smoking is permitted and Sections 4.1 and 4.2 do not apply to an outdoor area.

4.4 The places listed in Schedule “D” to this by-law are designated as public places.

5. MUNICIPAL BUILDINGS AND VEHICLES

5.1 No person shall smoke in any Municipal Building or part thereof whether or not a No Smoking sign is posted. Prohibited places shall be outlined in Schedule “B” of this by-law.

5.2 No person shall smoke in any Municipal Vehicle or class thereof whether or not a No Smoking sign is posted.

6. SIGNAGE REQUIREMENTS

6.1 Every employer and every proprietor shall post and maintain in conspicuous locations at each entrance to the facility and in every washroom, a sign of sufficient size as to clearly identify that smoking is prohibited within the workplace or public place and each sign shall:

i. include the international No Smoking symbol as referred to in Schedule “A” of this by-law;

ii. consist of letters and graphic symbol of colour(s), which contrast with the background colour of the sign or the surface to which it is applied;

6.2 Despite the fact that the symbol referred to in Schedule “A” is a cigarette, it may include a lighted cigar, cigarette, pipe or any other lighted smoking instrument.

6.3 Deviations from the colour or content of the sign prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the sign.

6.4 Any sign prohibiting smoking that refers to an old by-law or fine of the Municipality is deemed to be referring to this by-law.

7. INSPECTIONS

7.1 An inspector may, at any reasonable time, enter and public place or workplace for the purposes of determining compliance with this by-law.

7.2 Make such examinations, investigations and inquiries as are necessary to determined whether there is compliance with this by-law.

7.3 Any person who hinders or obstructs an inspector lawfully carrying out the enforcement of this by-law is guilty of an offence.

8. OFFENCES AND ENFORCEMENT

8.1 Any person who contravenes any provision of this by-law shall be subject to a penalty as set out in Schedule “C” of this by-law. All penalties shall be recoverable under the provisions as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter 33, or any successor thereof.

8.2 If this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

9. CONFLICT

If a provision of this by-law conflicts with an Act or Regulation or other by-law, the provision that is most restrictive of smoking shall prevail.

10. VALIDITY

If any section, clause or provision of this by-law, including anything contained in any schedule attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all remaining sections, clauses or provisions of this by-law shall remaining full force and effect until repealed, not withstanding that one or more provisions thereof shall have to be declared invalid.

That by-law numbers 942-89, 925-88, 2178-2001 and any other by-laws pertaining to the building by-law are hereby repealed.

This by-law shall come into force and take effect on the date of the final passing thereof.



Read a first and second time on this _____day of ______________, 200 .

Read a third time and finally passed on this _____day of _____________, 200 .





__________________________
MAYOR




__________________________
CLERK

Smoking By-Law Schedule B

CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

SMOKING BY-LAW

SCHEDULE “B” OF BY-LAW NO. 17-2006



Prohibited Municipal Places

 Municipal Office located at 429 Park Lane, Matheson
 Multi-Service Building located at 489 MacDougall Street, Matheson.
 Public Works Building located at 4 Vimy Ridge Road, Matheson.
 Thelma Miles Museum located at 374 Hough Road, Matheson.
 The Vern Miller Memorial Arena located at 1 Arena Avenue, Matheson.
 Matheson Fire Hall located at 424 Sixth Avenue, Matheson.
 Val Gagne Fire Hall located at 530 Principale Street, Val Gagne.
 Ramore Fire Hall located at 371 Ferguson Avenue, Ramore.
 Holtyre Fire Hall located at 675 Gleason Avenue, Holtyre.
 Val Gagne Outdoor Rink Building located at 573 Lessard Street, Val Gagne.
 Ramore Outdoor Rink Building located at 335 Timmins Avenue, Ramore.
 Holtyre Outdoor Rink Building located at 682 Gleason Avenue, Holtyre.
 Shillington Outdoor Rink Building located at North Part of Lot 12, Concession 6, Currie Township.
 Hough Lake Change Rooms located at South Part of Lot 5, Concession 6, Bowman Township.
 Gauthier Lake Change Rooms located at North Part of Lot 9, Concession 3, Taylor Township.
 Ramore Public Library located at 371 Ferguson Avenue, Ramore.
 Matheson Public Library located at 352 Second Street, Matheson.
 HRDC Centre located at 418 Fifth Avenue, Matheson

Smoking By-Law Schedule D

CORPORATION OF THE TOWNSHIP OF BLACK RIVER-MATHESON

BUILDING BY-LAW

SCHEDULE “D” OF BY-LAW NO. 17-2006


Public Places

 The common areas of residential, commercial or office buildings.
 Municipal Buildings
 An eating establishment
 A bar
 A public restroom
 A public elevator or stairwell
 The reception or waiting areas of offices, service facilities
 A bingo hall
 A retail shop
 A laundromat
 A barber or hair dressing establishment
 A public transit vehicle
 A school bus
 A taxi cab
 A transit shelter
 A public hall
 An enclosed sports facility
 A private club
 An entertainment lounge
 A billiard/pool hall
 A night club

Created on 01/31/2005 03:05 PM by verdon Updated on 09/25/2008 08:39 AM by admin

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