Harbour By-law Amendment (Offence & Penalty)

BY-LAW Number: 
2014-051
Summary: 

BEING A BY-LAW TO AMEND BY-LAW NO. 2013-030, A BY-LAW TO GOVERN AND REGULATE THE OPERATION AND USE OF COLLINGWOOD HARBOUR 


NOTICE:

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BL2014-051 Harbour BL_Penalty Amendment.pdf216.92 KB
 
WHEREAS pursuant to sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, as amended, The Corporation of the Town of Collingwood (the “Town”) may pass by-laws regulating the use by public lands and transportation systems owned or under the control of the Town, which includes harbours, ports and transportation terminals;
 
AND WHEREAS Council deemed it expedient to enact By-law No. 2013-030 to govern and regulate the operation of municipally-owned and operated harbours in the Town;
 
AND WHEREAS an amendment is required to the “Offences and Penalties” to obtain set fines for regulations prescribed in By-law No. 2013-030.
 
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD HEREBY ENACTS AS FOLLOWS:
 
1.    THAT Section 12 (OFFENCES & PENALTIES) of By-law No. 2013-030 be deleted and replaced with the following:
 
12     Offences & Penalties
12.1   Every person who contravenes any provision of this By-law including an order or direction issued under this By-law is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $100,000.
12.2   An offence under this By-law constitutes a continuing offence and for each day or part of a day that the offence continues, the minimum fine shall be $500 and the maximum fine shall be $10,000.
12.3   Upon a conviction being entered, the court in which the conviction was entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed in this By-law, make an order prohibiting the continuation or repetition of the offence by the person convicted and/or for the removal of any vessel from Collingwood Harbour.
 
12.1    Every person who contravenes any of the provisions of this by-law, including an order issued under this by-law, is guilty of an offence and upon conviction is liable to a fine as provided for in the Municipal Act, 2001, S.O. 2001 c. 25, as amended and/or the Provincial Offences Act, R.S.O. 1990, c.P.33.
 
12.2    Upon a conviction being entered, the court in which the conviction was entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed in this By-law, make an order prohibiting the continuation or repetition of the offence by the person convicted and/or for the removal of any vessel from Collingwood Harbour.
 
2.  THAT this By-law shall come into full force and effect on the date of final passage hereof at which time all By-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law.
 
 
ENACTED AND PASSED this 2nd day of June, 2014.
                                               
____________________________
MAYOR
 
____________________________
CLERK
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BL2014-051 Harbour BL_Penalty Amendment.pdf216.92 KB