Bowen Island Municipality Bowen Island Municipality Notice Enforcement 196, 2008 CONSOLIDATED FOR CONVENIENCE August 2016 Amendment Date of Adoption 266, 2009 January 25, 2010 419, 2016 July 11, 2016 The amendment bylaws have been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaw on this subject.
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 A bylaw respecting the enforcement of bylaw notices WHEREAS the Council for Bowen Island Municipality wishes to allow for the issuance of bylaw notices to gain compliance of some Municipal bylaws; AND WHEREAS the Local Government Notice Enforcement Act authorizes Council to enact bylaws to allow for the issuance of bylaw notices; NOW THEREFORE the Council for the Bowen Island Municipality in an open meeting assembled enacts the following: 1 Citation This may be cited as Bowen Island Municipality Notice Enforcement 196, 2008. 2 Definitions In this : a) Act means the Local Government Notice Enforcement Act; b) Municipality means the Bowen Island Municipality; and c) Registry means the North Shore Notice Adjudication Registry established pursuant to 7 of this. 3 Terms The terms in this bylaw have the same meaning as the terms defined in the Act. 4 Contraventions The bylaws and bylaw contraventions designated in Schedule A and Schedules AA through AH may be dealt with by bylaw notice.
5 The penalty for a contravention referred to in 4 is as follows: a) subject to paragraphs b) to d), is the amount set out in column A1 of Schedules AA through AH; b) if received by the Municipality within 14 days of the person receiving or being presumed to have received the notice, is the set out in column of Schedules AA through AH; c) if more than 28 days after the person received or is presumed to have received the bylaw notice, is subject to a late payment surcharge in addition to the penalty under paragraph a), and is the set out in column of Schedules AA through AH; or d) if paid under a compliance agreement, may be reduced by a maximum of 50% (fifty percent) where a compliance agreement is available, as provided under column of Schedules AA through AH. 6 Period for Paying or Disputing Notice a) A person who receives a bylaw notice must, within 14 days of the date on which the person received or is presumed to have received the bylaw notice, i) pay the penalty, or ii) request dispute adjudication, by filling in the appropriate portion of the bylaw notice indicating either a payment or a dispute and delivering it, either in person during regular office hours, or by mail, to the Bowen Island Municipality municipal hall. b) A person may pay the indicated penalty after 14 days of receiving the notice, subject to the applicable surcharge for late payment in accordance with section 5c), but no person may dispute the notice after 14 days of receiving the bylaw notice. c) Pursuant to the requirements of section 25 of the Act, where a person was not served personally with a bylaw notice and advises the Municipality that they did not receive a copy of the original notice, the time limits for responding to a bylaw notice under sections 5b) and 5c) of this bylaw do not begin to run until a copy of the bylaw notice is re-delivered to them in accordance with the Act. 7 Notice Dispute Adjudication Registry a) The Registry is established as a bylaw notice dispute adjudication system in accordance with the Act to resolve disputes in relation to bylaw notices. b) The civic address of the Registry is 141 West 14th Street, City of North Vancouver, BC, V7M 1H9. Page 2 of 51
c) The Municipality is authorized to enter into, and the Mayor and Chief Administrative Officer are authorized to execute, a dispute adjudication system agreement with another local authority or authorities in substantially the form attached as Schedule B of the. d) Every person who is unsuccessful in a dispute adjudication in relation to a bylaw notice or a compliance agreement under the dispute adjudication system established under this section must pay the Municipality an additional fee of 25 for the purpose of the Municipality recovering the costs of the Registry. 8 Screening Officers a) The position of screening officer is established. b) The following are designated classes of persons that may be appointed as screening officers: i) the Chief Administrative Officer, ii) the Corporate Officer, and iii) any Municipal Staff member as appointed by Council. c) Council may appoint screening officers from the classes of persons set out in section 8b) by name of office or otherwise. 9 Powers, Duties and Functions of Screening Officers a) The powers, duties and functions of screening officers are as set out in the Act, and include the following powers: i) where requested by the person against whom a contravention is alleged, communicate information respecting the nature of the contravention, the provision of the bylaw contravened, the facts on which the contravention allegation is based, the penalty for a contravention, the opportunity to enter into a compliance agreement, the opportunity to proceed to the bylaw notice dispute adjudication system and the fee or fees payable in relation to the bylaw notice enforcement process; ii) to communicate with any or all of the following for the purposes of performing their functions under this bylaw or the Act: (1) the person against whom a contravention is alleged or their representative, (2) the officer issuing the notice, (3) the complainant or their representative (4) the Municipality s staff and records regarding the disputant s history of bylaw compliance; Page 3 of 51
iii) to prepare and enter into compliance agreements under the Act with persons who dispute bylaw notices, including to establish terms and conditions for compliance that the Screening Officer considers necessary or advisable, including time periods for payment of penalties and compliance with the bylaw; iv) to provide for payment of a reduced penalty if a compliance agreement is entered into, as provided in column of Schedules AA through AH; and v) to cancel bylaw notices in accordance with the Act or Municipality policies and guidelines. b) The bylaw contraventions in relation to which a Screening Officer may enter into a compliance agreement are indicated in column of Schedules AA through AH. c) The maximum duration of a compliance agreement is one year. 10 Enforcement Officers a) Persons acting as any of the following are designated as bylaw enforcement officers for the purposes of this bylaw and the Act : i) Members of the Royal Canadian Mounted Police, ii) a Enforcement Officer, iii) an Animal Control Officer, iv) the Business License Inspector, v) the Building Inspector, vi) the Public Works Superintendent, vii) the Chief Administrative Officer, viii) Local assistants to the Fire Commissioner under 6 of the Fire Services Act, and ix) Public Health Officers, Wharfingers or other persons acting in another capacity on behalf of the Municipality for the purpose of enforcement of one or more of its bylaws. 11 Form of Notice The Municipality may from time to time provide for the form or forms of the bylaw notice, provided the bylaw notice complies with section 4 of the Act. 12 Severability If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. Page 4 of 51
13 Schedules The following schedules are attached to and form part of this bylaw: a) Schedule A s that may be dealt with by bylaw notice; b) Schedules AA through AH Designated Contraventions and Penalties; c) Schedule B North Shore Notice Dispute Adjudication Registry ; and d) Schedule C. READ A FIRST TIME this 23 rd day of June, 2008. READ A SECOND TIME AS AMENDED this 14 th day of July, 2008. READ A THIRD TIME this 14 th day of July, 2008. RECONSIDERED AND FINALLY ADOPTED this 28 th day of July, 2008. (Original signed) Bob Turner, Mayor (Original signed) Kathy Lalonde, Corporate Officer Certified to be a true and correct copy of 196, 2008, cited as Bowen Island Municipality Notice Enforcement 196, 2008 adopted by the Council of Bowen Island Municipality this 28 th day of July, 2008. (Original signed) Kathy Lalonde, Corporate Officer Page 5 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE A BYLAWS THAT MAY BE DEALT WITH BY BYLAW NOTICE Schedule AA Bowen Island Municipality Regulation for the Use of Bows 21, 2000 AB Bowen Island Municipality Building Numbering Regulatory 25, 2000 AC Bowen Island Municipality Dog Control 30, 2001 AD Bowen Island Municipality Wharf Services 59, 2002 AE Bowen Island Municipality Noise Control 108, 2004 AF Bowen Island Municipality Street and Traffic 133, 2005 AG Bowen Island Municipality Real Property Maintenance 174, 2006 AH Bowen Island Municipality Use of Public Beaches and Water Areas 196, 2016 Page 6 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AA Bowen Island Municipality Regulation for the Use of Bows 21, 2000 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 Available is shown 3 Use of bows prohibited first 250.00 225.00 275.00 NO 3 Use of bows prohibited second 300.00 275.00 325.00 NO 3 Use of bows prohibited third 350.00 325.00 375.00 NO 3 Use of bows prohibited - further s Page 7 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AB Bowen Island Municipality Building Numbering Regulatory 25, 2000 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 4a Failure to change number first 50.00 25.00 75.00 YES 4a Failure to change number second 100.00 75.00 125.00 YES 4a Failure to change number further s 150.00 125.00 175.00 YES 5a 5a 5a Failure to post number in conspicuous place first Failure to post number in conspicuous place second Failure to post number in conspicuous placefurther s 50.00 25.00 75.00 YES 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES 5b Failure to post number at road first 50.00 25.00 75.00 YES 5b Failure to post number at road second 100.00 75.00 125.00 YES 5b 5c 5c 5c Failure to post number at road further s Failure to post number in prescribed form first Failure to post number in prescribed form second Failure to post number in prescribed form further s 150.00 125.00 175.00 YES 50.00 25.00 75.00 YES 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES Page 8 of 51
A1 5d 5d 5d Water access property failure to properly post number first Water access property failure to properly post number second Water access property - failure to properly post number further s 50.00 25.00 75.00 YES 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES 6a Failure to post site plan first 50.00 25.00 75.00 YES 6a Failure to post site plan second 100.00 75.00 125.00 YES 6a Failure to post site plan subsequent 150.00 125.00 175.00 YES 7 Wrong number posted first 50.00 25.00 75.00 YES 7 Wrong number posted second 100.00 75.00 125.00 YES 7 Wrong number posted third 150.00 125.00 175.00 YES Page 9 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AC Bowen Island Municipality Dog Control 30, 2001 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 3.1a Failure to remove faeces first 25.00 15.00 35.00 YES 3.1a Failure to remove faeces second 50.00 25.00 75.00 YES 3.1a Failure to remove faeces further s 150.00 125.00 175.00 YES 3.1b Chase, bite or attack first 3.1b Chase, bite or attack second 3.1b Chase, bite or attack further s 250.00 225.00 275.00 NO 3.1c Dog running at large first 25.00 15.00 35.00 NO 3.1c Dog running at large second 3.1c Dog running at large further s 3.1d Dog on beach first 25.00 15.00 35.00 NO 3.1d Dog on beach second 3.1d Dog on beach further s Page 10 of 51
A1 3.1e Dog not under control first 25.00 15.00 35.00 NO 3.1e Dog not under control second 3.1e Dog not under control further s 3.1f Dog not on leash first 25.00 15.00 35.00 NO 3.1f Dog not on leash second 3.1f Dog not on leash further s 3.2 No identification first 25.00 15.00 35.00 YES 3.2 No identification second 50.00 25.00 75.00 YES 3.2 No identification further s 150.00 125.00 175.00 YES 4.1b Dangerous dog not muzzled first 4.1b Dangerous dog not muzzled second 4.1b Dangerous dog not muzzled further s 200.00 175.00 225.00 NO 4.1c Dangerous dog not leashed first 4.1c Dangerous dog not leashed second 4.1c Dangerous dog not leashed further s 200.00 175.00 225.00 NO 4.1d Dangerous dog not properly housed first 100.00 75.00 125.00 YES Page 11 of 51
A1 4.1d 4.1d Dangerous dog not properly housed second Dangerous dog not properly housed further s 200.00 175.00 225.00 YES 500.00 475.00 500.00 YES Page 12 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AD Bowen Island Municipality Wharf Services 59, 2002 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 7b 7b 7b Failure to leave wharf when ordered first Failure to leave wharf when ordered second Failure to leave wharf when ordered further s 50.00 25.00 75.00 YES 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES 7c Hinder authorized personnel first 7c Hinder authorized personnel second 7c Hinder authorized personnel further s 9a 9a 9a Obstruct or interfere with other person or vessel first Obstruct or interfere with other person or vessel second Obstruct or interfere with other person or vessel further s 9b Behaving in a disorderly manner first 9b 9b Behaving in a disorderly manner second Behaving in a disorderly manner further s Page 13 of 51
A1 9c Failure to control animals first 9c Failure to control animals second 9c Failure to control animals further s 9d Making disturbing noise first 9d Making disturbing noise second 9d Making disturbing noise further s 10 Posting a sign without permission first 50.00 25.00 75.00 YES 10 10 11a 11a 11a 11b 11b 11b Posting a sign without permission second Posting a sign without permission further s Remove, destroy or damage wharf, signs or structures first Remove, destroy or damage wharf, signs or structures second Remove, destroy or damage wharf, signs or structures further s Remove, destroy or damage posted regulations first Remove, destroy or damage posted regulations second Remove, destroy or damage posted regulations further s 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES 12a Failure to keep wharf clear first 50.00 25.00 75.00 YES Page 14 of 51
A1 12a Failure to keep wharf clear second 100.00 75.00 125.00 YES 12a Failure to keep wharf clear further s 150.00 125.00 175.00 YES 12b 12b 12b 12c 12c 12c 13a 13a 13a 13c 13c 13c 14 14 Use of flammable liquids or Barbecuing on a wharf first Use of flammable liquids or Barbecuing on a wharf second Use of flammable liquids or Barbecuing on a wharf further s Use of crane without paying applicable fee first Use of crane without paying applicable second Use of crane without paying applicable fee further s Berthing in a loading zone for longer than 15 minutes first Berthing in a loading zone for longer than 15 minutes second Berthing in a loading zone for longer than 15 minutes further s Berthing in a Water Taxi or Emergency Services zone first Berthing in a Water Taxi or Emergency Services zone second Berthing in a Water Taxi or Emergency Services zone further s Parking on wharf or in a loading zone longer than 15 minutes first Parking on wharf or in a loading zone longer than 15 minutes second Page 15 of 51
A1 14 15 15 15 Parking on wharf or in a loading zone longer than 15 minutes further s Sell, expose or display goods without permission first Sell, expose or display goods without permission second Sell, expose or display goods without permission further s 16 Construction without permission first 16 16 Construction without permission second Construction without permission further s 17 Failure to pay moorage fees first 50.00 25.00 75.00 YES 17 Failure to pay moorage fees second 100.00 75.00 125.00 YES 17 Failure to pay moorage fees further s 150.00 125.00 175.00 YES 18b Fuel not in approved container first 18b 18b Fuel not in approved container second Fuel not in approved container further s 19 Improper disposal of waste first 19 Improper disposal of waste second 19 Improper disposal of waste further s Page 16 of 51
A1 20 20 20 21b 21b 21b 21d 21d 21d 21e 21e 21e 22b 22b 22b 22c Heater use without responsible person in attendance -first Heater use without responsible person in attendance second Heater use without responsible person in attendance further s Subletting of berthage is prohibited first Subletting of berthage is prohibited second Subletting of berthage is prohibited further s Improper berthing or failure to maintain a vessel first Improper berthing or failure to maintain a vessel second Improper berthing or failure to maintain a vessel further s Failure to post vessel identification first Failure to post vessel identification second Failure to post vessel identification further s Hindering or obstructing authorized personnel first Hindering or obstructing authorized personnel second Hindering or obstructing authorized personnel further s Rafting more than one vessel deep or obstructing navigation first 50.00 25.00 75.00 YES 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES Page 17 of 51
A1 22c 22c 25 25 25 27a 27a 27a 27b 27b 27b Rafting more than one vessel deep or obstructing navigation second Rafting more than one vessel deep or obstructing navigation further s Non-operative and derelict vessels prohibited first Non-operative and derelict vessels prohibited second Non-operative and derelict vessels prohibited further s Maintenance and repairs prohibited on wharf first Maintenance and repairs prohibited on wharf second Maintenance and repairs prohibited on wharf further s Refuelling or maintenance of equipment or use of deleterious materials prohibited first Refuelling or maintenance of equipment or use of deleterious materials prohibited second Refuelling or maintenance of equipment or use of deleterious materials prohibited further s 27c Impeding the use of the wharf first 27c 27c 27d Impeding the use of the wharf second Impeding the use of the wharf further s Berthing in a manner that obstructs other vessels first Page 18 of 51
A1 27d 27d 28b 28b 28b Berthing in a manner that obstructs other vessels second Berthing in a manner that obstructs other vessels further s Contravening an order, direction or posted sign first Contravening an order, direction or posted sign second Contravening an order, direction or posted sign further s 50.00 25.00 75.00 YES 100.00 75.00 125.00 YES 150.00 125.00 175.00 YES Page 19 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AE Bowen Island Municipality Noise Control 108, 2004 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 2a Making disturbing noise first 2a Making disturbing noise second 200.00 175.00 225.00 NO 2a Making disturbing noise further s 2b 2b 2b 2c 2c 2c 2d 2d 2d Allowing disturbing noise to be made first Allowing disturbing noise to be made second Allowing disturbing noise to be made further s Allowing an animal to make a disturbing noise first Allowing an animal to make a disturbing noise second Allowing an animal to make a disturbing noise further s Amplified sound or music causing a noise disturbance first Amplified sound or music causing a noise disturbance second Amplified sound or music causing a noise disturbance further s 200.00 175.00 225.00 NO 200.00 175.00 225.00 NO 200.00 175.00 225.00 NO Page 20 of 51
A1 2e 2e 2e Allowing an alarm to sound for more than 30 minutes first Allowing an alarm to sound for more than 30 minutes second Allowing an alarm to sound for more than 30 minutes further s 200.00 175.00 225.00 NO 2f Noise in a public place first 2f Noise in a public place second 200.00 175.00 225.00 NO 2f Noise in a public place further s 2g 2g 2g Construction noise outside of permitted hours first Construction noise outside of permitted hours second Construction noise outside of permitted hours further s 200.00 175.00 225.00 NO Page 21 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AF Bowen Island Municipality Street and Traffic 133, 2005 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 3 Parking in loading zone first 3 Parking in loading zone second 3 Parking in loading zone further s 4a U turn on a through street first 4a U turn on a through street second 4a U turn on a through street further s 150.00 125.00 175.00 NO 4b 4b 4b U turn in an intersection traffic control device first U turn in an intersection traffic control device second U turn in an intersection traffic control device further s 4c U turn in an intersection unsafe first 4c 4c U turn in an intersection unsafe second U turn in an intersection unsafe further s Page 22 of 51
A1 4d 4d 4d U turn between intersecting streets first U turn between intersecting streets second U turn between intersecting streets further s 4e U turn at a lane intersection first 4e U turn at a lane intersection second 4e U turn at a lane intersection further s 7 7 7 8 8 8 9a 9a 9a Entering an intersection without sufficient space to proceed first Entering an intersection without sufficient space to proceed second Entering an intersection without sufficient space to proceed further s Failure to comply with directions given by Fire Fighter first Failure to comply with directions given by Fire Fighter second Failure to comply with directions given by Fire Fighter further s Park, stand or stop in contravention of signage first Park, stand or stop in contravention of signage second Park, stand or stop in contravention of signage further s 9b Park, stand or stop bus stop first Page 23 of 51
A1 9b Park, stand or stop bus stop second 9b Park, stand or stop bus stop further s 9c 9c 9c 9d 9d 9d 9e 9e 9e 9f 9f 9f 9g 9g Park, stand or stop move location to avoid penalty first Park, stand or stop move location to avoid penalty second Park, stand or stop move location to avoid penalty further s Park stand or stop obstructing signage first Park stand or stop obstructing signage second Park stand or stop obstructing signage further s Park, stand or stop impede or obstruct traffic first Park, stand or stop impede or obstruct traffic second Park, stand or stop impede or obstruct traffic further s Park, stand or stop other than parallel first Park, stand or stop other than parallel second Park, stand or stop other than parallel further s Park, stand or stop wrong direction first Park, stand or stop wrong direction second Page 24 of 51
A1 9g 9h 9h 9h 9i 9i 9i 9j 9j 9j Park, stand or stop wrong direction further s Park, stand or stop other than angle or parallel first Park, stand or stop other than angle or parallel second Park, stand or stop other than angle or parallel further s Park, stand or stop on crosswalk first Park, stand or stop on crosswalk second Park, stand or stop on crosswalk further s Park, stand or stop on a hatched area first Park, stand or stop on a hatched area second Park, stand or stop on a hatched area further s 9k Park, stand or stop intersection first 9k 9k 9l 9l 9l Park, stand or stop intersection second Park, stand or stop intersection further s Park, stand or stop angle parking over 6 m in length first Park, stand or stop angle parking over 6 m in length second Park, stand or stop angle parking over 6 m in length further s Page 25 of 51
A1 9m Park, stand or stop fire lane first 9m Park, stand or stop fire lane second 9m Park, stand or stop fire lane further s 9n 9n 9n 9o 9o 9o 9p 9p 9p 9q 9q 9q Park, stand or stop with 5 m of hydrant first Park, stand or stop with 5 m of hydrant second Park, stand or stop with 5 m of hydrant further s Park, stand or stop in lane leaving less than 3 m first Park, stand or stop in lane leaving less than 3 m second Park, stand or stop in lane leaving less than 3 m further s Park, stand or stop repairing vehicle on a street first Park, stand or stop repairing vehicle on a street second Park, stand or stop repairing vehicle on a street further s Park, stand or stop within 6 m of a fire hall, police station or ambulance station first Park, stand or stop within 6 m of a fire hall, police station or ambulance station second Park, stand or stop within 6 m of a fire hall, police station or ambulance station further s Page 26 of 51
A1 9r 9r 9r 9s 9s 9s 9t 9t 9t 9u 9u 9u 9v 9v 9v 10 Park, stand or stop on paved portion first Park, stand or stop on paved portion second Park, stand or stop on paved portion further s Park, stand or stop in front of a driveway first Park, stand or stop in front of a driveway second Park, stand or stop in front of a driveway further s Park, stand or stop within 3 m of an intersection first Park, stand or stop within 3 m of an intersection second Park, stand or stop within 3 m of an intersection further s Park, stand or stop within 3 m of sidewalk first Park, stand or stop within 3 m of sidewalk second Park, stand or stop within 3 m of sidewalk further s Park, stand or stop within 3 m of a traffic control device first Park, stand or stop within 3 m of a traffic control device second Park, stand or stop within 3 m of a traffic control device further s Park a trailer or commercial vehicle abutting a business for more than 3 hours first Page 27 of 51
A1 10 10 11 11 11 12 12 12 13 13 13 14 14 14 Park a trailer or commercial vehicle abutting a business for more than 3 hours second Park a trailer or commercial vehicle abutting a business for more than 3 hours further s Park a trailer or commercial vehicle abutting a residence, school, park or church without permission first Park a trailer or commercial vehicle abutting a residence, school, park or church without permission second Park a trailer or commercial vehicle abutting a residence, school, park or church without permission further s Park a trailer or commercial vehicle on a street between 10:00 pm and 6:00 am first Park a trailer or commercial vehicle on a street between 10:00 pm and 6:00 am second Park a trailer or commercial vehicle on a street between 10:00 pm and 6:00 am further s Park a trailer without motive power first Park a trailer without motive power second Park a trailer without motive power further s Unlicensed vehicle or trailer parked on a street first Unlicensed vehicle or trailer parked on a street second Unlicensed vehicle or trailer parked on a street further s Page 28 of 51
A1 15 Parked for more than 72 hours first 15 15 16 16 16 17 17 17 18 18 18 Parked for more than 72 hours second Parked for more than 72 hours further s Signage or other object on a street first Signage or other object on a street second Signage or other object on a street further s Delay the passage of vehicles or cause an obstruction first Delay the passage of vehicles or cause an obstruction second Delay the passage of vehicles or cause an obstruction further s Fail to remove snow, ice or debris from sidewalk first Fail to remove snow, ice or debris from sidewalk second Fail to remove snow, ice or debris from sidewalk further s 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 19 Coast or slide on a street first 200.00 175.00 225.00 NO 19 Coast or slide on a street second 300.00 275.00 325.00 NO 19 Coast or slide on a street further s 20 Ride or drive a vehicle over or across a curb first 200.00 175.00 225.00 NO Page 29 of 51
A1 20 20 21 21 21 22 22 22 26 26 26 27 27 27 31 Ride or drive a vehicle over or across a curb second Ride or drive a vehicle over or across a curb further s Parking a vehicle to display advertising first Parking a vehicle to display advertising second Parking a vehicle to display advertising further s Fail to erect and maintain a fence around an excavation first Fail to erect and maintain a fence around an excavation second Fail to erect and maintain a fence around an excavation further s Construct a driveway without permit first Construct a driveway without permit second Construct a driveway without permit further s Construct or place an obstacle within 2.0 meters of the travel portion of a highway first Construct or place an obstacle within 2.0 meters of the travel portion of a highway second Construct or place an obstacle within 2.0 meters of the travel portion of a highway further s Fail to obey imposed road restrictions first 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 NO Page 30 of 51
A1 31 31 32 32 32 34 34 34 Fail to obey imposed road restrictions second Fail to obey imposed road restrictions further s Fail to provide pilot car for wide loads first Fail to provide pilot car for wide loads second Fail to provide pilot car for wide loads further s Drive at a speed that impedes traffic first Drive at a speed that impedes traffic second Drive at a speed that impedes traffic further s 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 35a Place any object on a highway first 200.00 175.00 225.00 YES 35a 35a 35b 35b 35b 35c 35c Place any object on a highway second Place any object on a highway further s Throw or leave earth, refuse, debris or other thing on a highway first Throw or leave earth, refuse, debris or other thing on a highway second Throw or leave earth, refuse, debris or other thing on a highway further s Allow material to slide or accumulate on a highway from a property first Allow material to slide or accumulate on a highway from a property second 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO Page 31 of 51
A1 35c 35d 35d 35d Allow material to slide or accumulate on a highway from a property further s Drag or skid anything along or over a highway first Drag or skid anything along or over a highway second Drag or skid anything along or over a highway further s 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 35e Excavate in or under a highway first 200.00 175.00 225.00 NO 35e 35e 35f 35f 35f 35g 35g 35g 35h 35h Excavate in or under a highway second Excavate in or under a highway further s Change the level of a highway or stop the flow of water from a highway first Change the level of a highway or stop the flow of water from a highway second Change the level of a highway or stop the flow of water from a highway further s Place, construct or maintain a structure on the highway first Place, construct or maintain a structure on the highway second Place, construct or maintain a structure on the highway further s Construct or maintain a ditch or drain in any portion of a highway first Construct or maintain a ditch or drain in any portion of a highway second 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO Page 32 of 51
A1 35h 35i 35i 35i 35j 35j 35j 35k 35k 35k 35l 35l 35l 35m Construct or maintain a ditch or drain in any portion of a highway further s Cut, trim, remove or destroy any tree, plant or foliage that is maintained on any highway or boulevard first Cut, trim, remove or destroy any tree, plant or foliage that is maintained on any highway or boulevard second Cut, trim, remove or destroy any tree, plant or foliage that is maintained on any highway or boulevard further s Mark or deface a highway or structure thereon first Mark or deface a highway or structure thereon second Mark or deface a highway or structure thereon further s Ride, drive lead, move or propel any animal or vehicle across a curb, sidewalk or curb unless designed for such use first Ride, drive lead, move or propel any animal or vehicle across a curb, sidewalk or curb unless designed for such use second Ride, drive lead, move or propel any animal or vehicle across a curb, sidewalk or curb unless designed for such use further s Construct a boulevard, curb, ditch or sidewalk crossing first Construct a boulevard, curb, ditch or sidewalk crossing second Construct a boulevard, curb, ditch or sidewalk crossing further s Operate a vehicle sounding a loudspeaker or other noise-making device first 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO Page 33 of 51
A1 35m 35m 35n 35n 35n 35o 35o 35o 35p 35p 35p 35q 35q 35q 39 39 Operate a vehicle sounding a loudspeaker or other noise-making device second Operate a vehicle sounding a loudspeaker or other noise-making device further s Take part in an non-permitted event, parade or procession first Take part in an non-permitted event, parade or procession second Take part in an non-permitted event, parade or procession further s Construct a traffic control device on a highway first Construct a traffic control device on a highway second Construct a traffic control device on a highway further s Conduct construction on land without a highway access permit first Conduct construction on land without a highway access permit second Conduct construction on land without a highway access permit further s Obstruct, control or detour traffic first Obstruct, control or detour traffic second Obstruct, control or detour traffic further s Fail to securely fasten or cover a load first Fail to securely fasten or cover a load second 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 YES 300.00 275.00 325.00 YES 500.00 475.00 500.00 YES 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO Page 34 of 51
A1 39 Fail to securely fasten or cover a load further s 40 Fail to remove a spilt load first 200.00 175.00 225.00 NO 40 Fail to remove a spilt load second 300.00 275.00 325.00 NO 40 Fail to remove a spilt load further s 41 41 41 Drive a vehicle that contains uncovered sawdust or garbage on a highway first Drive a vehicle that contains uncovered sawdust or garbage on a highway second Drive a vehicle that contains uncovered sawdust or garbage on a highway further s 200.00 175.00 225.00 NO 300.00 275.00 325.00 NO Page 35 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT BYLAW NO. 196, 2008 SCHEDULE AG Bowen Island Municipality Real Property Maintenance 174, 2006 DESIGNATED BYLAW CONTRAVENTIONS AND PENALTIES A1 3a 3a 3a Failure to Maintain risk to health and safety first Failure to Maintain risk to health and safety second Failure to Maintain risk to health and safety further s 100.00 75.00 125.00 YES 200.00 175.00 225.00 YES 500.00 475.00 500.00 YES 3b Failure to Maintain unsightly first 100.00 75.00 125.00 YES 3b 3b 3c 3c 3a Failure to Maintain unsightly second Failure to Maintain unsightly further s Allow rubbish or noxious, offensive or unwholesome matter to collect first Allow rubbish or noxious, offensive or unwholesome matter to collect second Allow rubbish or noxious, offensive or unwholesome matter to collect further s 200.00 175.00 225.00 YES 500.00 475.00 500.00 YES 100.00 75.00 125.00 YES 200.00 175.00 225.00 YES 500.00 475.00 500.00 YES 4 Failure to obey order first 100.00 75.00 125.00 YES 4 Failure to obey order second 200.00 175.00 225.00 YES Page 36 of 51
A1 4 Failure to obey order further s 500.00 475.00 500.00 YES Page 37 of 51
BOWEN ISLAND MUNICIPALITY BYLAW NOTICE ENFORCEMENT AMENDMENT BYLAW NO. 419, 2016 SCHEDULE AH Bowen Island Municipality Use of Beaches and Water Areas 418, 2016 3a 3a 3a 3b 3b 3b 3c 3c 3c 3d DESIGNATED CONTRAVENTIONS AND PENALTIES A1 The following fines apply to the contraventions Unauthorized use of a saw first Unauthorized use of a saw second Unauthorized use of a saw further s Deposit or leave waste first Deposit or leave waste second Deposit or leave waste further s Excavation or cutting open terrain first Excavation or cutting open terrain second Excavation or cutting open terrain further s Unauthorized removal of sand, gravel, earth first 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 3d Unauthorized 200.00 175.00 225.00 Page 38 of 51
removal of sand, gravel, earth second 3d Unauthorized 500.00 475.00 500.00 removal of sand, gravel, earth further s 3e Nonemergency 50.00 25.00 75.00 repairs on vessel first 3e Nonemergency 200.00 175.00 225.00 repairs on vessel second 3e Nonemergency 500.00 475.00 500.00 repairs on vessel further s 3f Willful 50.00 25.00 75.00 destruction or removal of sign or other amenities first 3f Willful 200.00 175.00 225.00 destruction or removal of sign or other amenities second 3f Willful 500.00 475.00 500.00 destruction or removal of sign or other amenities further s 3g Break, injure, 50.00 25.00 75.00 destroy trees first 3g Break, injure, 200.00 175.00 225.00 destroy trees second 3g Break, injure, 500.00 475.00 500.00 destroy trees further s 3h Unauthorized 50.00 25.00 75.00 Page 39 of 51
construction of structure or shelter first 3h Unauthorized construction of structure or shelter second 3h Unauthorized construction of structure or shelter further s 3i Unauthorized fire first 3i Unauthorized fire second 3i Unauthorized fire further s 4 Unauthorized long term moorage of structure, liveaboard or float home first 4 Unauthorized long term moorage of structure, liveaboard or float home second 4 Unauthorized long term moorage of structure, liveaboard or float home further s 5.1 Park or store vessel on beach first 5.1 Park or store vessel on beach second 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 Page 40 of 51
5.1 Park or store vessel on beach further s 5(a) Park or store small vessel on beach beyond permitted hours first 5(a) Park or store small vessel on beach beyond permitted hours second 5(a) Park or store small vessel on beach beyond permitted hours further s 5(b) Park or store humanpowered vessel outside designated times or area first 5(b) Park or store humanpowered vessel outside designated times or area second 5(b) Park or store humanpowered vessel outside designated times or area further s 5.2 Park or store structure on beach first 5.2 Park or store structure on beach second 5.2 Park or store structure on 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 50.00 25.00 75.00 200.00 175.00 225.00 500.00 475.00 500.00 Page 41 of 51
beach further s Page 42 of 51
SCHEDULE B NORTH SHORE BYLAW NOTICE DISPUTE ADJUDICATION REGISTRY AGREEMENT This, dated the day of, AMONG: AND: AND: THE CORPORATION OF THE CITY OF NORTH VANCOUVER, 141 West 14th Street, North Vancouver, British Columbia, V7M 1H9 ( CNV ) BOWEN ISLAND MUNICIPALTY, 981 Artisan Lane, Bowen Island, British Columbia, V0N 1G0 ( BIM ) Witnesses that Whereas: A. The Act permits local governments to create a bylaw designating certain bylaw contraventions that can be enforced by way of bylaw notice as an alternative to traditional bylaw enforcement mechanisms; and B. The Act permits two or more local governments to enter into an agreement, adopted by a bylaw of each local government that is party to it, to provide for the joint administration of a local government bylaw notice dispute adjudication system; and C. Pursuant to the Act, CNV and other local authorities have established the North Shore Notice Dispute Adjudication Registry which they jointly administer and share the costs of; and D. The Parties have agreed to administer the Registry on the terms and conditions set out in this ; NOW THEREFORE in consideration of the mutual promises contained herein, the Parties agree as follows: PART I - INTRODUCTORY PROVISIONS Page 43 of 51
Definitions 1. In this, the following definitions apply: (a) Act means the Local Government Notice Enforcement Act; (b) Adjudication Fee means the sum of 75.00 payable by each Party for each adjudication scheduled to be conducted by the Registry; (c) means this ; (d) Authorizing s means the bylaws adopted by the Councils of each of the Parties authorizing this ; (e) Committee means the North Shore Notice Dispute Adjudication Registry s Administrative Committee; (f) Contribution Adjustment Amount means, for each Party, the amount calculated in accordance with 21 herein in any year of the Term; (g) Contribution Amount means the amount determined by the Administrative Committee as required by each of the parties to meet the operational costs to fund the Registry in accordance with subsection 14(d); (h) Parties means all of the parties to this and any other local authorities which may become parties to this from time to time; (i) Party means any one of the Parties; (j) Registry means the North Shore Notice Dispute Adjudication Registry established by this ; (k) Revenues means any revenue actually received or estimated to be received, as the case may be, by the Registry, excluding Contribution Amounts or Contribution Adjustment Amounts; (l) Term means the term of this as set out herein. PART II - ADMINISTRATION Administrative Committee 2. The Parties agree to establish the Committee to implement and administer the Registry. 3. The Parties agree that authority of the Committee will include but not be limited to: (a) preparing operational budgets; and (b) setting policy as authorized under this and the Act. Representation Page 44 of 51
4. Each of the Parties will appoint one representative to serve on the Committee. The Parties agree that representatives will be paid employees of their respective local governments and will not be remunerated by the Registry. PART III - ADJUDICATION Screening Officers 5. The Parties agree that responsibility for the appointment, administration and funding of the position of screening officer will reside with each Party individually and will not in any way be a function of the Registry. Notice Dispute Adjudication Registry 6. The Parties agree that the Registry will administer the dispute adjudication system and that disputes will be heard by a bylaw notice dispute adjudicator in the circumstances prescribed in the Act and Authorizing s. 7. The Parties agree that the Committee will select a roster of adjudicators who may hear and determine disputes from the provincial roster of adjudicators to be established by the Attorney General. 8. Adjudicators will be assigned to individual disputes in the manner prescribed by any applicable regulation and policy established by the Committee. PART IV - OPERATIONS Location 9. The location of the Registry will be in the municipal offices of the City of North Vancouver, 141 West 14 th Street, North Vancouver, B.C. V7M 1H9 or such other location as may be designated by the Parties. Administrative Services 10. CNV will provide and supervise all administrative services required by the Registry, subject to the following: (a) the collection of any fees, fines or penalties levied against an unsuccessful party in the dispute adjudication process will be the responsibility of the relevant municipality if not collected by the Registry immediately following the adjudication; and (b) any penalty arising directly out of the bylaw notice itself may be paid to the relevant Party or to the Registry, and any amounts collected by or paid to the Registry pursuant to (a) and (b) will be credited to the relevant Party s Contribution Adjustment Amount. Financial Reporting 11. CNV will ensure that its Director of Finance will conduct and oversee the financial reporting and record keeping of the Registry based on normal procedures, subject to the requirements outlined herein. Page 45 of 51
PART V - FINANCIAL PLANNING Start-Up Costs 12. Each new Party is responsible for its own start-up costs with respect to its participation in the Registry and the dispute adjudication system. Budget Year 13. The budget year of the Registry is the calendar year. Operating Budget 14. The Parties agree that, no later than August 31 of each year, the Committee will prepare a draft operating budget for the following budget year, setting out in detail the operational funds required by the Registry for the carrying out of its mandate and responsibilities, including: (a) the estimated operational expenditures for: (i) office and administration including financial reporting and administrative services; (ii) bylaw dispute adjudicators; and (iii) other functions of the Registry; (b) the anticipated revenues (if any) of the Registry; (c) the difference between estimated revenues and operational expenditures for the Registry; and (d) the Contribution Amount required from each of the Parties. Budget Submissions 15. The Committee will prepare the operating budget in a manner satisfactory to, and in such detail as requested by, the Directors of Finance of each of the Parties, and submit the draft operating budget to the Directors of Finance of each of the Parties each year when required. Page 46 of 51
Budget Approval and Adjustments 16. The Parties will consider and approve, or recommend amendments to, the Registry s operating budget. 17. The Parties agree that all recommendations by them for adjustments to the Registry s draft operating budget will Use of Funds (a) be reasonable and made in good faith; and (b) ensure that a reasonable level of service quality can be maintained by the Registry. 18. The Committee and CNV may make only those expenditures during the budget year for the purposes and up to the amounts authorized in the approved operating budget. The Registry (or the Committee or CNV on behalf of the Registry) will not incur any other indebtedness or liability, or make any further expenditure, except that: (a) CNV may make a further reasonable expenditure or contract a further indebtedness or liability that it deems necessary or prudent, subject to a 1,000 limit; and (b) the Committee may: PART IV - COST ALLOCATION (i) make a further reasonable expenditure or contract a further indebtedness or liability that it deems necessary or prudent, subject to a 10,000 limit; (ii) re-allocate funds within categories of the operating budget as reasonably required; and (iii) make a further expenditure or contract a further indebtedness or liability without limitation if approved in advance by all Parties. Funding Contributions and Adjustments 19. The Parties agree that costs relating to legal counsel, witnesses, screening officers and bylaw enforcement officers as they pertain to the dispute adjudication process, and to the activities of the Registry more generally, will be borne by the relevant Party which issued the bylaw notice in question and will not be borne by the Registry or by CNV on behalf of the Registry. 20. Each of the Parties, excluding CNV, will, upon approval of the Registry s operating budget by each of the Parties, pay to the CNV their respective Contribution Amounts for the upcoming budget year no later than June 30 of that budget year. 21. The CNV will, as soon following the end of a Budget Year as practicable, calculate the amount of each Party s Contribution Adjustment Amount by (a) determining the amount by which Actual Expenditures exceed Budget Expenditures for the relevant year; Page 47 of 51
(b) determining the respective share of each Party; and (c) deducting, if applicable, the aggregate of fines and administrative fees collected by the CNV on behalf of each Party for the relevant year. 22. Each of the Parties, excluding CNV, will, within 30 days of receipt of notice of its respective Contribution Adjustment Amount, pay (if required) to CNV the Contribution Adjustment Amount. 23. CNV will pay (if required) any Contribution Adjustment Amount owing to a Party, as appropriate, within 30 days of preparation of a statement outlining the Contribution Adjustment Amounts of each Party or may, at the election of CNV in each year except the final year, credit the amount owing to the Contribution Amount required from each Party for the following year. 24. CNV will provide quarterly updates on adjudication fees and any payments made to CNV. These amounts and any other reasonable expenditures, agreed upon by the parties, will reduce the Contribution Adjustment Amount, (if required) owing to DNV, DWV, BIM, VLB, and IT at the end of each year. Maintenance of Records 25. The Director of Finance of CNV will: (a) exercise the duties and powers of the officer responsible for financial administration as provided in the Community Charter, in maintaining the financial records for the Registry on behalf of the Parties; (b) ensure that accounting and payroll records of the Registry are properly prepared and maintained, such records to include payroll, accounts payable, cash receipts and disbursements, accounts receivable, general ledger, subsidiary cost ledger, financial statements and reports and supporting documents to the foregoing; (c) provide, when possible, any additional financial systems that have been requested by the Committee; and (d) direct employees and officers of the Registry to the extent necessary to ensure that the systems and procedures established for financial controls are in effect and are in accordance with the Community Charter. Examination of Records 26. The Directors of Finance of each of the Parties, excluding CNV, may, acting reasonably with regard to minimizing the administrative burden on the CNV, and no more frequently than once in each year of the Term, conduct audits or examinations to obtain information or determine that adequate financial controls are being maintained for the Registry. CNV will cooperate with any reasonable request by a Director Finance of a Party, excluding CNV, for access to financial records, user statistics and other information of the Registry. PART V - GENERAL PROVISIONS Insurance Page 48 of 51