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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) . 2/ n 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