HomeMy WebLinkAboutP-35-80 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 3, 1980
REPORT NO: P-35-80
SUBJECT: Fines for By-Law Infractions - Proposed Amendment
to the Restricted Area (Zoning) By-Laws of the
former Town of Bowmanville, Township of Darlington,
and Township of Clarke.
BACKGROUND:
Subsection (1) of Section 466 of the Municipal Act empowers
a Municipality to pass By-laws authorizing the imposition of a fine
of not more than $1,000. , exclusive of costs, on every person who
contravenes any By-law of the Council.
At present, the Restricted Area (Zoning) By-laws of the former
Town of Bowmanville, Township of Darlington and Township of Clarke
provide for a maximum fine of $300.00 exclusive of costs, for any
Zoning By-law infraction. These By-laws were enacted at a time when the
maximum fine permitted by the Municipal Act was $300.00.
In certain cases, where a Zoning By-law violation is minor
in nature, and is the perpetrator's first offense, the imposition by
the Courts of a minimal fee is justified. However, in the case of
repeated violations of the Restricted Area (Zoning) By-law in respect
of a particular site, or of major violations of the By-law, the
imposition of a $300.00 fine would be, in effect, little more than a
"licensing fee" for illegal uses. In cases such as these, the Courts
should be empowered to levy fines not to exceed $1,000.00 excluding
costs for each offense, and it is suggested that the Town's By-laws be
amended accordingly. (It is noted that By-law 79-44, the Restricted
Area By-law for the former Village of Newcastle, provides for a maximum
fine of $1,000.00) .
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2 - Report No. P-35-80
RECOMMENDATION:
It is respectfully recommended:-
1) That this report be received for information; and
2) That the attached By-Laws 80- , 80- , and 80- be
forwarded to Council for consideration.
Respectfully Submitted,
D.N. Smith, M.C.I.P.
Director of Planning
NJF:lf
February 19, 1980