0F THE
MUNICIPALITY OF THE
COUNTY OF INVERNESS
BY-LAW 1
INTERPRETATION * Approved Sept. 16/94 1. (1) Except where a contrary intention appears, every provision of this by-law applies to this by-law and to every other by-law of the Municipality of the Countyof Inverness made at the time, or before or after the time when this by-law comes into force. (2) Nothing in this by-law shall exclude any judicial rule of interpretation that is applicable to any by-law and not inconsistent with this by-law. 2. In this by-law: (a) "Annual Meeting" means the regular annual meeting of the Council. (b) "Bill" means an itemized account in favour of or against the Municipality or any individual, firm or corporation. (c) "Building" includes any structure placed on, over or under land, and every part of the same, and any external chimney, stairway, porch or other fabric used in connection with a building, whether affixed to the reality or not, and includes any such structure placed over land covered by water. (d) "Chairperson" means the Warden, Deputy Warden, or any other person appointed by the Council to preside over it. (e) "Clerk" means the Municipal Clerk of the Municipality of the County of Inverness, and includes any Deputy Clerk or Assistant Clerk. (f) "Collector" means any Tax Collector appointed for the Municipality, and includes any Deputy or Assistant so appointed. (g) "Council" means the Municipal Council of the County of Inverness. (h) "County" means the County of Inverness. (i) "District" means any polling district of the County, that is, a defined area within the County which returns a Councillor to the Municipal Council. (j) "Engineer" means an Engineer appointed by the Council. (k) "Fence" means any fence or part of a fence. (l) "Meeting" means one or more sessions of the Council, beginning on a specified date. (m) "Municipality" means the Municipality of the County of Inverness. (n) "Quorum", as applied to the Council, means a majority of the Councillors constituting the Council and as applied to any committee of the Council, means a majority of the members appointed thereto. (o) "Session" means the proceedings of the Council held on any one day of a meeting. (p) "Treasurer" means the Treasurer of the Municipality, and includes the Deputy or Assistant. (q) "Warden" means the Warden of the Municipality. (r) "Year" means the financial year of the Municipality, which starts on April 1st of each year. 3. The provisions of the "Interpretation Act", being Chapter 235 of the Revised Statutes of Nova Scotia, 1989, and amendments thereto, shall apply to this by-law in so far as applicable. BY-LAW 2
THE COUNCIL * Approved Ammendments Dec. 9/94 {6(19) & 6(21)} 1. MEETINGS REGULAR MEETINGS (1) The Council shall hold its regular meetings as follows: (a) The Annual Meetings beginning on the second Monday of May in each year. (b) The Monthly meetings beginning on the second Monday of each month. SPECIAL MEETINGS (2) The Council may hold special meetings as provided by section 20 of the Municipal Act, being Chapter 295
of the Acts of Nova Scotia, 1989, and amended thereto. PLACE (3) Meetings of the Council shall be held at the County Court House at Port Hood or at such other place or places as the Warden may designate. NOTICE (4) The Clerk shall give public notice of the time and place of each regular meeting of the Council, and shall also mail a notice of each meeting to each Councillor; said notice to be given five clear days before any meeting of Council. 2. OPENING (1) On the first day of the annual meeting the Council shall convene at 10:00 o'clock a.m., and the monthly meetings at 1:30 o'clock p.m. or so soon thereafter as circumstances permit, and at each succeeding session at the like hour or at such other hour as is specified on the preceding motion of adjournment. RECESS (2) During a session the Council may adjourn for short periods (as for meals) or to another place, without ending the session. ATTENDANCE (3) Councillors not present at roll call may have their names entered as being present if they join the Council at the place of meeting at the session in question within one hour of the start of the session, and call the attention of the Clerk to the fact immediately on arrival, with the consent of the Council. 3. CHAIRPERSON In the temporary absence of the Warden and Deputy Warden, the Council shall appoint a Chairperson from the Councillors present. 4. MINUTES Upon the opening of each session of every meeting of the Council, the minutes of the next preceding session, after all necessary corrections and amendments have been made the minutes shall be approved and a correct copy of the same shall be entered in the Minute Book of the proceedings of the Council, and shall be signed by the Chairperson and Clerk, and such entry so made in the Minute Book shall be deemed to be the original Minutes of the Council. 5. ORDER OF THE DAY (1) At each session, unless a majority of the Council consent to a different order for that session, the Council shall conduct business in the following order: (a) The Clerk shall call the roll. (b) Adoption of the Minutes. (c) Reconsideration of Motions on resolutions of which due notice has been given. (d) Reading and consideration of correspondence, petitions and memorials. (e) Reading of reports of committees and of officers. (f) Consideration of Motions or resolutions of which notice has been given on a previous day. (g) Notices of Motion. (h) Miscellaneous or New Business. PROVIDED, HOWEVER, that at the first sessions of the Council after a general election of Councillors, and whenever the office of Warden, Deputy Warden or Clerk becomes vacant, the first order of business after calling the roll call shall be the election of a Warden, and Deputy Warden, and the appointment of a clerk if such office is then vacant. AND PROVIDED THAT it shall be the privilege of the Chairperson to take up any item of business out of its usual order, or to bring before the Council any matter that he/she may have in charge or otherwise alter the order of business except when any question is actually under discussion. (2) The ordinary hours for the sessions of Council shall be from 10:00a.m. to 12:00 noon, and from 1:30p.m. to 4:30p.m. for the Annual Meeting and 1:30p.m. to 5:00p.m. for the monthly meetings. 6. RULES OF CONDUCT AND DEBATE (1) The Chair shall preserve order and endeavour to conduct all business to a speedy and proper result. (2) The Chair shall state every question properly presented to the Council and, before putting it to a vote, shall ask: "Is the Council ready for the question?" - and if no Councillor offers to speak, he/she shall put the question, after which no Councillor shall be permitted to speak upon it. (3) The decision of the Chair on points of order shall not be debateable, unless, entertaining doubts upon the subject, he/she invites discussion; he/she may speak to points of order in preference to other Councillors, rising from his/her seat for that purpose; and he/she shall decide on questions of order, subject to an appeal to the Council by any two Councillors; where the Chair permits discussion of a point of order, no Councillor shall speak more than once. (4) When an appeal is made from the decision of the Chair on a point of order, he/she shall forthwith put the question "shall the decision of the Chair be sustained?" (5) The Chair shall, and any Councillor may, call to order any Councillor who violates any rule of order. (6) No Councillor may speak more than twice on any motion except to explain a misconception of his/her remarks, but the mover of a substantive motion shall have the right to reply and sum up in closing the debate. (7) No Councillor shall speak more than ten minutes upon any matter at one time, without leave of the Council. (8) While any Councillor is speaking in Council, no other Councillor shall stand, speak or whisper so as to interrupt him/her unless it be to speak to order or to ask the Chair for leave to explain.
(9) When a Councillor wishes to explain he/she shall stand and ask leave of the Chair, then, without further comment, if permitted thereto, he/she shall explain only an actual misunderstanding of language. (10) When any Councillor speaks to order, the question of order shall be decided before the matter under discussion is proceeded with; and when any Councillor is called to order he/she shall take his/her seat until the point of order is determined. (11) When any Councillor wishes to speak on a matter he/she shall rise and address his/her remarks to the Chair, and he/she shall confine himself/herself to the matter in question, he/she shall avoid personalities and unbecoming language, and he/she shall sit down when he/she has finished or when his/her time for speaking has elapsed. (12) If more than one Councillor rises at one time, the Chair shall determine who first rose and permit the Councillor to speak. (13) If any Councillor in speaking impeaches the motive of any other Councillor or treats him/her with personal disrespect, or passes between a Councillor who is speaking and the Chair, or uses unbecoming language, or talks or acts so as to distract a Councillor who is speaking, or disregards the any authority of the Chair or whose conduct is otherwise disorderly or disruptive of the meeting, the Chair may: (a) Censure such Councillor in his/her place and/or; (b) Order such Councillor to withdraw from the meeting room for the remainder of that day's sitting if the meeting is for more than one day, or if the incident occurs near the end of a meeting or day, for such portion of the next meeting or day as the Chair sees fit, not to exceed one day. (14) (a) If any Councillor considers himself/herself personally aggrieved by a censure of the Chair, or by an order of the Chair to withdraw from the meeting, he/she, may immediately, seconded by any other Councillor, appeal the same to the Council, whereupon the Chair shall put the question "Shall the (censure) (order) of the Chair be sustained?" (b) If a Councillor, after being ordered to withdraw from a meeting apologizes to the Chair and to the meeting, he/she may upon a majority vote of the Council be re-admitted forthwith. (15) When a Councillor has been so ordered by the Chair to withdraw from a meeting he/she shall do so forthwith and without answer to the Chair of the meeting. (16) If a Councillor refuses to withdraw when so ordered the Chair may adjourn the meeting, obtain such assistance as is necessary, including police assistance, to have the Councillor removed from the meeting and then resume the meeting. (17) In any of the matters set out in Section 6(13) above, the Chair or Councillors may invoke the provisions of sections 6(3) and 6(4) of this by-law. (18) Every Councillor shall be heard in his/her place touching any charge brought against him/her as such Councillor, but shall withdraw before the Council proceeds therein. (19) When a division on any question is demanded the form of voting shall be by the Chairman calling for yeas and nays, but the Chairman may require Councillors voting in the affirmative to raise their hand and be counted and then for those voting in the negative to rise their hand and be counted. The Chairman shall direct the Clerk or solicitor or both to make the count and the Chairman, if he chooses to vote, shall vote at the same time as the other councillors. (20) Where any Councillor so requires, the names of those voting on any question, and the way they voted thereon, shall be entered in the Minutes. (21) Repealed Dec. 9/94 7. MOTIONS (1) Resolutions and amendments thereto are substantive motions; all other motions are procedural. SUBSTANTIVE MOTION (2) All substantive motions shall be made in writing and shall be seconded and shall be read aloud by the Chair or Clerk before being debated; after being so read, a resolution shall be open for debate. WITHDRAWAL (3) At any time before the Council has voted on a motion it may be withdrawn by the mover with the consent of the seconder. PRIVILEGED MOTIONS (4) When any motion is put before the Council, the only motions that shall be in order shall be: (a) To adjourn (b) To lay on the table (c) To postpone indefinitely (d) To postpone for a definite period (e) To refer (f) To amend (g) To hold a secret ballot and when any such motion has been made, motions of a prior order shall be received and such motions shall be considered and decided in reverse of the order in which they were made; all such motions except the motion to adjourn shall be seconded. ADJOURNMENT (5) A motion to adjourn shall always be in order except in the following cases: (a) When a Councillor is speaking. (b) When the Council is voting. (c) When adjournment was the preceding motion. UNDEBATABLE MOTIONS (6) The following motions shall be decided without debate: (a) To reconsider (b) To suspend the order of the day (c) To permit a Councillor to speak more than once on a matter. AMENDMENTS (7) Every amendment submitted shall be decided or withdrawn before the main question is put to a vote, and no more than one amendment of the principal motion shall be received or considered at one time, and only one amendment to the amendment of the principal motion shall be decided or withdrawn before the amendment is decided. (8) On an amendment to "strike out and insert" the matter to be amended shall first be read as it stands, then the words proposed to be struck out, then those to be inserted, and finally the matter as it would read if so amended. MOTION TO APPEAL (9) No motion to appeal, alter or amend any by-law shall be made unless at least one day's Notice of Motion has been given in writing of the intended motion to so appeal, alter or amend such by-law. NOTICE OF MOTION (10) Any notice of motion or notice of reconsideration given by a Councillor for action in a subsequent session may in the absence of such Councillor be taken up by any other in the Council, and a motion in accordance therewith moved by him/her. NOTICE TO RECONSIDER (11) After any question has been decided in the affirmative or the negative any Councillor may, after the decision has been announced from the Chair, give notice that he/she will move a reconsideration thereof at a subsequent session or (where the session is the last of the meeting) at the conclusion of the business of that session and before Council adjourns; such notice may be given at any session of the same meeting. (12) No discussion of a matter to be reconsidered shall be allowed on the motion to reconsider. (13) No question shall be considered more than once at a meeting, nor shall a vote on a motion to reconsider be reconsidered. (14) Except by unanimous consent of the Council, no matter shall be reconsidered except as herein provided. (15) When any report, petition or other document is read in Council, the Chair shall endorse thereon a note of the reading, the date, and the manner of disposing thereof. (16) In all cases not covered the rules of procedure as applied in the Legislative Assembly of the Province of Nova Scotia shall govern the proceedings of the Council. SUSPENSION OF RULES OF ORDER (17) Any or all of the foregoing Rules of Order may be suspended in its operation in any session by the unanimous consent of the Councillors present. 8. PETITIONS (1) Every petition, remonstrance, or written application made to the Council shall be plainly and legibly written or printed on paper and shall be signed by the requisite persons both as to number and status. (2) When any Councillor presents a petition he/she shall acquaint the Council with its contents and ask leave for it to be read. (3) Every petition, remonstrance or written applications presented to the Council shall have endorsed thereupon the names of one or more of the petitioners or applicants and the substance of the matter therein contained. (4) The Council may resolve to hear the endorsement in lieu of hearing the petition, remonstrance or application. BY-LAW 3 COUNCILLORS' SALARIES 1. The Warden of the Municipality shall receive the sum of seven thousand dollars per annum to be divided 2/3's as salary and 1/3 as an expense allowance. 4. The Warden and Councillors shall in addition to such salary or other renumeration hereinbefore mentioned be paid travel allowance at the Provincial Rate paid to Provincial Employees for actual miles travelled once each day for going to and returning from every daily session of a regular or a special meeting of the Council.
BY-LAW 4 COMMITTEES AND BOARDS
* Approved Sept. 16/94 SPECIAL COMMITTEES 1. (1) Besides the Standing Committees herein provided for, the Council may appoint Special Committees. (2) All Standing Committees shall consist of not less than three members. COMMITTEE CHAIR
BY-LAW 5 MUNICIPAL OFFICERS * Approved Sept. 16, 1994 NOMINATION AND ELECTION (4) Where more than two persons have been nominated for an office and no nominee receives on the first vote or ballot a majority of the votes of the Councillors present, the name of the nominee receiving the least number of votes, shall be dropped from the vote or ballot and the Council shall vote again; the same procedure being followed until one of the nominees has a majority of the votes of the Councillors present. 2. All salaries and service charges, the charges for which are definitely fixed by law, By-Law, or resolution of the Council and which are payable by the Municipality, shall be paid by the Treasurer out of the funds provided for this purpose. BY-LAW 6
MUNICIPAL BUSINESS * Approved Sept. 16, 1994 SEAL 1. (1) The Seal of the Corporation of the Municipality of the County of Inverness shall be made of suitable metal and have engraved on it the name of the Municipality.
BY-LAW 7 MUNICIPAL PROPERTY AND STREETS * Approved Sept. 16/94 CUSTODY 1. Unless otherwise provided, and subject to the direction and control of the Council and Warden, the Clerk shall have the general custody and control of all Municipal property and of property subject to the management of the Municipality. (2) Where a person fails to remove such building or fence within the time limited in such Notice, the Warden or Clerk may order the said building or fence to be removed at the expense of the person who owns it, or who placed or caused it to be placed in contravention of this section, and such person shall be liable for the cost of such removal. (2) A fence, as required by this section, which has been approved by a fence viewer, shall be deemed sufficient under this section, but this subsection shall not affect the duty to maintain such fence. (2) Any person who violates this section shall be liable to a penalty of not more than One Hundred Dollars for each offence, and in default to imprisonment for a period of not more than ten days.
BY-LAW 8 MISCHIEFS AND NUISANCES BY-LAW
* Approved Sept. 16/95 (except Sections 3, 5, 6, 7 &10) NOISES 1. No person shall without reasonable cause shout, sing, ring a bell, blow a horn, or make any disturbing noise in or in the vicinity of any public place or way. 2. (1) Except between the hours of Twelve o'clock noon and Twelve o'clock Midnight on any week day, no loudspeaker, microphone, amplifier or other transmitting apparatus connected with a radio, phonograph or other sound transmitting instrument or apparatus shall be operated in the Municipality so that the sound that is transmitted is projected beyond a distance of three hundred feet. (2) This Section shall not apply to any horn, whistle, bell or other device used 3. No person shall, without reasonable cause, ring any doorbell or knock on any door or window, or otherwise disturb the occupants of any room or dwelling. LOITERING 4. (1) No person shall either walk, stand or be in a position where he/she obstructs passage in any public place or way, or obstructs the steps or entrance of any public or private premises. (2) No person shall conduct himself/herself in any of the places or ways mentioned in Sub-section (1) of this section in such a manner as to cause annoyance to any person lawfully using the same. 5. No person shall enter or remain within any private dwelling after he/she has been requested to withdraw by an occupant in possession of such private dwelling. 6. No person shall remove, damage or hide any gate, fence or door unless authorized to do so by the occupant or owner of the premises to which such gate, fence or door is appurtenant. 7. No person shall deposit stones, sand, soil, garbage, filth, ashes or other refuse on any premise unless authorized to do so by the owner or occupier. AIR RIFLES 8. No person shall buy, sell, keep or have in his/her possession any of the devices commonly known as air guns, air rifles, or sling shots. 9. No person shall unnecessarily discharge any firearm in or near any public place or way, or in or near any dwelling, store or other building or in any cultivated field, or in any enclosure. 11. No person shall maintain any kennel, fox farm or other similar establishment which by reason of smell, noise, pests or escaping animals causes annoyance to the public or to the occupants of neighbouring premises. BY-LAW 9 FIRE AND EXPLOSIVES * Repealed Dec. 9/94
BY-LAW 10 ANTI - LITTER * Approved Sept. 16/94 1. No person shall throw any dirt, filth or rubbish on any sidewalk, street, road, lane or highway in the Municipality. 2. Any person violating the provisions of this by-law, shall be liable on conviction, to a penalty not exceeding One Hundred ($100.00) Dollars and in default of payment of such penalty may be imprisoned for a term not exceeding ten (10) days.
BY-LAW 11 CURFEW
* Approved Sept. 16/94 1. No child under the age of sixteen years shall be on any road, street or sidewalk, or in any restaurant, dance hall, theatre or other place of amusement within the Municipality between the hours of 10:00 p.m. and 6:00 a.m. of the following day unless accompanied by one of his or her parents or guardians, or by some other adult person authorized for such purpose by one of the said parents or guardians. 2. Every parent or guardian of a child under the age of sixteen years shall prevent such child from being on any road, street or sidewalk, or in any restaurant, dance hall, theatre or other place of amusement in violation of section 1 of this by-law. 3. Any police officer may take into custody any child found violating section 1 of this by-law, and detain such child for not more than six hours. 4. This by-law shall not apply to children under the age of sixteen years who are attending or who are returning home by a direct route from any concert, church service, 4-H Club meeting, Cadet Drill, or other similar function organized entirely or principally for such children. 5. Any parent or guardian who fails to comply with section 2 of this by-law shall be liable on conviction to a penalty not exceeding One Hundred ($100) Dollars and in default of payment to imprisonment for a period not exceeding ten (10) days. BY-LAW 12 REGULATION OF ANIMALS
* Approved Sept. 16/94 1. This by-law shall apply to dogs only where dogs are specifically included in the terms of application of a provision. GOING AT LARGE 2. The owner or harbour of any male ass, stallion, bull, billy goat or ram over six months of age or capable of the reproductive process, who does not prevent it from going at large shall be liable to a penalty not exceeding One Hundred ($100) Dollars and in default of payment to imprisonment for a period not exceeding ten (10) days. DISEASED ANIMALS 3. The owner or harbourer of any ass, mule, horse, cattle, sheep, pig or goat or other domestic animal which is suffering
from any infectious or contagious disease, who: (a) Does not prevent it from leaving his/her premises except under effective control; or (b) Does not prevent it from herding with undiseased animals; shall be liable to a penalty not exceeding One Hundred ($100) Dollars and in default of payment to imprisonment for a period
not exceeding ten (10) days. FOWL 4. The owner or harbour of any goose,turkey, chicken, or other domestic fowl who does not prevent it from going at large shall be liable to a penalty not exceeding One Hundred ($100) Dollars and in default to imprisonment for a period not exceeding ten (10) days. OTHER ANIMALS 5. The owner or harbourer of any domestic animal not mentioned in Section 3 of this By Law who does not prevent it from going at large shall be liable to a penalty not exceeding One Hundred ($100) Dollars and in default of payment to imprisonment for a period not exceeding ten (10) days. 6. The imposition of the penalties prescribed in this By Law shall not affect any liability to damages or liability for poundage fees. DISEASED ANIMALS 7. Any person who sells the flesh of any animal, including that of a dog, which has died or been killed while exhibiting symptoms usually associated with a disease shall be liable to a penalty not exceeding One Hundred ($100) Dollars and in default of payment to imprisonment for a period not exceeding
ten (10) days. (2) Any peace officer may destroy or cause to be destroyed any dog or other animal which has rabies, anthrax or any other deadly disease. (3) Any person may destroy any rabid dog or other rabid animal found at large. (4) Any person may secure and confine any dog or other animal which appears to be rabid. POUNDS 8. (1) Where a majority of the resident ratepayers of a District or School Section petition the Council to have the District or School Section designated a "Pound District", the Council
shall, if satisfied that the petition is in the required
form, designate the District or School Section a "Pound
District". (2) Where a majority of the resident ratepayers of a Pound District petition the Council for the erection of a pound, the Council may authorize an expenditure for the purchase of land and the erection of a building thereon for a pound, and the expenditure shall be a charge on the Pound District. (3) Where no pound is created the Warden may authorize any
suitable building or enclosure to be used as a pound. (4) The Council shall annually appoint a pound keeper for each pound. (5) A pound keeper shall be entitled to fees as determined
from time to time by resolution of the Council. WHERE NO POUND 9. (1) Where any person finds a dog, other animal or domestic
fowl doing damage on his/her premises and his/her premises are not in any pound district, he/she may confine and maintain the animal or fowl in any suitable manner. (2) If such person gives the Notices and advertisements required of pound keepers he/she shall be entitled, in
addition to his/her cause of action for damages, to the same fees chargeable by a pound keeper. 10. The Council may by resolution declare any district to be a "Closed Cattle District". • “Clerk” means the Municipal Clerk of the Municipality; • “Dog” means any dog, male or female; • “Owner” of a dog includes any person who possesses, has the care or control of, or harbours a dog and, where the person is a minor, includes a person with the custody of the minor; • “Municipality” means the Municipality of the County of Inverness ; • “Dog Control Officer” means the By-Law enforcement officer appointed by the Council of the Municipality to enforce this By-Law; The Council of the Municipality shall appoint a dog control officer to carry out the duties set out in this By-Law. The Council of the Municipality shall appoint a pound keeper to operate the dog pound facility established within the Municipality, provide food and water for the impounded dogs, keep the pound in a clean and orderly state, and collect fees for the impounding and care of the dogs as set out in this By-Law. (1) On or before the 20th day of January in each year, the owner of any dog shall register such dog with the Clerk, shall pay the tax provided therefore by this By-Law and shall obtain from the Clerk a tag for such dog. (2) A dog shall be exempt from registration and from tax if the owner proves that the dog is under the age of 3 months. (3) A dog shall be exempt from tax if it is trained and used for the purpose of assisting a person with a disability. Said dogs shall be registered with the Clerk without charge. (1) The owner of a dog who has become the owner thereof after the 20th day of January and which dog is not registered in his/her name with the Clerk, shall within ten days after he/she has become the owner, register the dog and pay the tax, obtain a tag and attach it to the collar of the dog. (2) The owner of a dog not registered with the Clerk, which dog has at any time become or is over the age of three months shall immediately register the dog and pay the tax. (3) A tax shall be paid at any time after the 20th day of January and shall be the same amount of tax to be paid on or before the 20th day of January. (4) Registration made and tax paid after the 20th day of January shall be effective until the 19th day of January of the following year. The tax shall be annually as follows: a) For each neutered male or spayed female dog, the annual tax shall be $10.00. Proof of a neutered male or spayed female shall be provided prior to paying the tax for such a dog. b) For each dog not neutered or spayed, the annual tax shall be $25.00. The owner of a kennel of pure-bred dogs which is registered in the Canada Kennel Register may, in any year, pay to the treasurer of the Municipality the sum of $25.00 as a tax upon the kennel for that year, and upon the production of the treasurer's certificate of payment, the owner of such kennel shall be exempt from assessment and any further tax in respect of such dogs for that year. • The Clerk shall keep a record of every dog registered, showing the date and number of registration, the name and description of the dog, and the name and address of the owner, which information shall be furnished to the Clerk by the owner at or before the time of registration. The Clerk shall supply the owner with a metal tag for each dog registered, with the number and year of registration stamped thereon, and the owner of every registered dog shall keep on such dog a collar with the tag attached thereto. • An owner may file with the Clerk a Statutory Declaration that a tag has been lost and the Clerk may replace the tag that has been lost upon payment by the owner of one dollar. • Any owner within the Municipality who sells or transfers a registered dog shall report the sale or transfer to the Clerk, along with the name and address of the person or persons to whom the dog was sold or transferred, a description of the dog and the dog's registration number. 13. The Clerk shall transfer the registration of such dog to the new owner upon payment of the amount by which the tax on the dog to the new owner would exceed any tax paid on the dog that year by the previous owner, or in any other case, without charge. (1) No owner of a dog shall permit the dog to leave the premises of its owner or be at large within the Municipality unless the said dog is on a leash and under the control of someone in charge thereof, and the fact that any dog is permitted to run at large shall constitute an offence against this By-Law. dog is: a) Participating in an organized hunt, organized dog exhibition or dog field trials; b) Participating in a search or rescue operation or police operation; or c) Working on a farm; If, at the time, the dog is under the continuous and effective control of its owner. a) Which runs at large contrary to this By-Law: b) In respect of which the tax imposed by this By-Law is not paid: c) Persistently disturbs the quiet of the neighborhood by howling, barking or in any other manner; is guilty of an offence against this By-Law whether or not such dog is chained, muzzled or otherwise restrained, and is subject on conviction to the penalty described in Section 27. In a prosecution pursuant to this section, evidence that one person was disturbed is prima facie proof that the quiet of the neighborhood was disturbed. FIERCE OR DANGEROUS DOGS (1) A dog is fierce or dangerous within the meaning of this section if it has attacked or bitten a person or domestic animal. (2) A dog control officer may seize, impound and destroy a dog that is fierce or dangerous within the meaning of subsection (1). Such a dog may be released where the officer is satisfied that, at the time of the attack or biting: • The dog was being tormented or abused by the person or animal; • The dog was acting in defense of itself or a person; or • The dog was acting as a trained guard dog or for law enforcement purposes; and the officer is satisfied that the public safety would not be endangered by failing to impound the dog. (3) An owner of a fierce and dangerous dog within the meaning of this section commits an offence, and is subject to the penalty prescribed in Section 27 provided that it shall be a defense to a charge under this subsection that: • The dog was being tormented or abused by the person or animal; • The dog was acting in defense of itself or a person; or • The dog was acting as a trained guard dog or for law enforcement purposes. (1) A dog is fierce and dangerous within the meaning of this section where it has a known propensity, tendency or disposition to attack, to cause injury to or otherwise endanger the safety of human beings or domestic animals, or where it approaches a person in a vicious or terrorizing manner in an apparent attitude of attack. (2) A dog that is fierce or dangerous within the meaning of subsection (1) shall be kept in a fenced area or other enclosure suitable to prevent the dog from escaping, or from attacking or biting a person or animal located outside of the area or enclosure and when such a dog is removed from the said enclosure it shall be securely muzzled and kept under control with a leash. (3) A dog that is fierce or dangerous within the meaning of subsection (1) and which is not maintained or controlled in accordance with subsection (2) may be seized, impounded and destroyed by the dog control officer. (4) Any person who fails to maintain and control a dog as required by this section commits an offence and is subject to the penalties prescribed in Section 27. • In respect of which the tax imposed by this By-Law has not been paid; • Which, without provocation, has attacked or injured any person or property. (2) After one warning has been given to the owner of a dog found running at large contrary to this By-Law, the dog control officer may impound and kill or may kill the dog on sight. (3) It shall be the duty of the dog control officer to take and impound any dog found to be at large within the Municipality. (4) Any rabid dog or dog at large and known to be rabid shall immediately be killed by the dog control officer. (5) Any dog deemed to be a danger to the public may be impounded and killed or may be killed on sight. (1) The pound keeper shall check any dog that is impounded for running at large for an identification tag. If such tag is found, the pound keeper shall use the registration number on the tag to obtain the dog's records and shall make at least one attempt to contact the owner of the dog. (2) If, at the expiration of 72 hours following the impounding of any dog, no claim for ownership is made, the dog shall be disposed of either by selling the dog for the best price obtainable or by destroying the dog in a humane manner. (3) A person resident in the Municipality purchasing an unregistered impounded dog shall register the dog before removing the dog from the pound. (4) The proceeds of any sale of an impounded dog shall be paid over to the Clerk. (5) If the owner claims his/her dog before the time fixed in this section, the dog shall be released to him/her on payment of any tax required by this By-law and on payment of any fees required by Section (6) This section does not apply to dogs deemed fierce and dangerous pursuant to sections 16, 17 or 18 or which fall within the provisions of section. 20. The dog control officer or pound keeper shall be entitled to receive the following fees: a. For board for each dog impounded, the amount of $20.00 for the first 24-hour period or any portion thereof and the amount of $10.00 for the second 24-hour period or any portion thereof. The Clerk shall immediately notify every person reported to him/her as the owner of an unregistered dog in the Municipality by letter sent by ordinary mail, postage paid and addressed to the owner's address, requesting that the owner register the dog forthwith and comply with this By-Law. 22. Any owner who refuses or neglects to obtain a tag for each dog owned by him/her and to keep the tag securely fixed on his/her dog or who uses the tag on a dog other than that for which it was issued, shall be liable for a penalty not exceeding $100.00. 23. The Clerk shall keep a record of every dog and its owner so reported to him/her by a peace officer, together with a description of the dog if available and the name of the reporting officer. 24. The Clerk may give notice to the owner of any dog to provide to the Clerk, in writing, within 10 days of the notice, a statement of the number of dogs owned by him/her or which are habitually kept on the premises. If the owner fails or refuses to provide the statement, or provides a false statement, he/she shall be liable to a penalty not exceeding $200.00. 25. Every owner shall pay to the Municipality a fee of $20.00 for each dog destroyed by the Municipality at the request of the owner plus mileage at the provincial rate paid to its employees. 26. The Clerk is hereby authorized to issue, give or sign any and all permissions or authorizations required to be given in order to permit the dog control officer to carry out his/her duties. 27. Except as otherwise provided in this By-Law, any person who violates a provision of this By-Law, shall be liable on conviction to a penalty not less than $300.00 and not exceeding $10000.00 dollars and in default of payment, to imprisonment for a period not exceeding 60 days. 28. Any person who contravenes any provision to which Section 27 applies may pay the minimum penalty of $300.00 and in respect of any other section the penalty prescribed therein and if the said sum is paid, the person will not be prosecuted for the contravention. HIS IS TO CERTIFY that the foregoing by-law is a true copy of a by-law duly passed at a duly called meeting of the Municipal Council of the Municipality of the County of Inverness duly held on the 7th day of August A.D., 2001. DEPUTY CLERK BY-LAW 14 TAX ON COMMENCING BUSINESS
* Approved Sept. 16/94 1. All persons who commence to occupy premises in the
Municipality for the purpose of carrying on business, or who commence in the Municipality any business of any kind, at any time after the first day of April in any year shall pay to
the municipal treasurer the sum of fifty ($50) dollars before commencing business as aforesaid, except those: (a) Who for the calendar year immediately preceding such date have been assessed for real property or business occupancy, within the Municipality; or hundred ($100) dollars and in default of payment of
imprisonment for a period not exceeding ten (10) days. BY-LAW 15 AUCTIONEERS, PEDLARS, HAWKERS, AND TRADERS OF GOODS
* Approved Sept. 16/94 1. No person shall do business as an auctioneer, pedlar,
hawker or trader of goods within the Municipality unless he/she holds from the Municipality a license for that purpose which is in force. 2. Nothing in this by-law shall affect: (a) Any person offering to sell the products of the farm, the forest, or the sea; (b) Any sheriff, bailiff, or other officer of the law selling under legal process. 3. Every application for a license under this by-law shall be made in writing on a form provided therefor by the
Municipal Clerk and signed by the person applying therefor. 4.(1) The application shall contain the following information concerning the applicant: (a) His/her full name and address; (b) His/her age; (c) Whether or not he/she is a ratepayer of the
Municipality; (d) The name of the trade engaged in; (e) The type of goods sold; (f) The method by which the trade is carried. (2) It shall be an offence for any person to make any false statement in his/her application hereunder. 5. The Council shall authorize the clerk to issue a license on receipt of the following: (a) A properly completed application form; (b) The required license fee. 6. The annual fee for such license shall be as follows: (a) Where the applicant is both a ratepayer and a resident: $5.00. (b) Where the applicant is a non-resident ratepayer $10.00. (c) Where the applicant is a resident, but not a ratepayer $10.00. (d) Where the applicant is neither resident or ratepayer: $75.00 7. When the license is for part only of a year, then the fee shall be ten percentum of the annual fee of such or each month or part thereof, not however to exceed the full fee
for the year. 8. A license issued under this by-law shall be valid until the last day of March next following its issue unless sooner revoked or suspended. 9. A license issued hereunder may be suspended or revoked by the council if the holder thereof is convicted of any
offence against this by-law or against the Criminal Code of
Canada. 10. Notwithstanding Section 5, the Council may refuse to issue a license to any person who has within three years from the date of filing his/her application, been convicted of an offence against the Criminal Code of Canada. 11. The Clerk shall keep a record of every license issued by
him/her, with a number on each record corresponding to the number inserted in the license. 12. The Clerk on payment of One dollar ($1.00) shall replace any license when a person licensed files with the Clerk his/her Statutory Declaration that it has been lost, stolen or destroyed. 13. When engaged in his/her trade or calling, every licensee
shall display his/her license on demand. 14. Every licensee shall display his/her name and number on his/her vehicle or pack. 15. Every person who violates or fails to comply with any of
the provisions of this by-law shall be liable on conviction to a penalty not exceeding One Hundred ($100) Dollars, and in default of payment to imprisonment for a period not exceeding fifteen (15) days. BY-LAW 16
GARBAGE COLLECTION
* Approved Sept. 16/94 1. In this By-law: (1) " Combustible" means capable of being consumed by
fire; (2) "Garbage" includes filth and ordure; (3) "Incombustible" means incapable of being consumed by fire and, without restricting the generality of the foregoing, includes tin cans and other metallic
objects, and bottles and other objects of glass, crockery or similar materials; (4) "Wet garbage" means wet combustible material and also material of animal or vegetable nature such as table scrapings, fruit or vegetable peelings and fresh
grass, but does not include anything of fluid
consistency; (5) "Container" means garbage bag no larger than 30" by
37". 2. No person shall engage in the business of removing and collecting garbage, or similar material within the
Municipality unless he/she holds from the Municipality a license for that purpose which is in force. 3. (a) For the purpose of collecting garbage or similar
material hereinbefore defined, the Council shall divide
the Municipality of Inverness into sections and shall upon designated days of the week, collect or cause to be
collected, from such sections the accumulation of garbage
or other similar materials placed for collection
hereinafter provided. The Council may change the
boundaries of such sections from time to time and shall
give such public notice of the said boundaries as it may
determine to be sufficient. (b) For the purpose of garbage collection as outlined in sub-section (a) above, the Municipality of Inverness shall be divided into the following districts: (1) Pleasant Bay and adjacent area. (ii) Cheticamp and adjacent area. (iii) Inverness and adjacent area. (iv) Port Hastings, Judique, Whycocomagh and the intervening areas. 4. Every application for a license under this by-law shall be made in writing, in duplicate, on a form provided
therefore by the Municipality and signed by the person
applying therefore. 5. A license issued under this by-law shall be valid until
the first day of April followings the date of its issue, unless sooner revoked or suspended, and upon application
it shall be renewed by the Council on payment of the
required license fee, except when provisions of this by-law have been violated by the applicant. 6. Every application for a license whether new or renewal
shall contain the following information concerning the applicant: (a) His/her name in full and address. (b) The provincial registration number of any vehicles to
be used by him/her in his/her business. (c) The collection area of the Municipality in which
he/she intends to carry on his/her business. (d) The location of any place of deposit intended to be
used by him/her and shall be accompanied by the license
fee. If a person licensed uses any vehicle different from that mentioned in the license, he/she shall report this to the Municipal Clerk within ten (10) days thereafter. 7. If there is not already a licensed garbage collector for
the collection area of the Municipality mentioned in the application form, or for part thereof, the Council shall issue a license on receipt of the following: (a) A completed application form. (b) The required license fee. (c) The approval of the place of deposit mentioned in the application, by the local Board of Health of the Municipality within whose jurisdiction the place is situated. 8. The fee for such a license shall be Fifty ($50.00) Dollars per annum. The fee shall be the same for part only of a year as for a year, except that the fee for a license for
a period of less than six months shall be one-half the
annual fee. 9. The fee for garbage collection shall be based on an
assessment basis and charged against each ratepayer of the Municipality. 11. The collection area in which the licensee is licensed to collect garbage shall be specified on his/her license. 12. No person being the owner or operator of any vehicle used
in the collection of garbage shall permit such a vehicle
to remain parked on any Municipal Streets when not
actually in use. 14. A license issued under this by-law may be suspended or revoked by the Council if the licensee fails to carry on his/her business in accordance with the terms of this by-law or carries on such business in a manner so as to be a nuisance to all or any part of the public. and they and newspapers shall be securely tied into neat packages and bundles, and need not be placed in a container. 16. A package of papers or a container containing garbage to be collected shall be placed readily accessible to the collector within ten feet of the curb on the street where the garbage is to be collected and if upon a side- walk then in such a position as to interfere as little as reasonable possible with pedestrian traffic. It shall not be placed on or near the sidewalk earlier than nine o'clock in the evening of the day preceding the
collection. 17. If for any reason garbage is not removed on the day
provided for collection, it shall be removed from the sidewalk by the householder not later than midnight on the day on which the garbage should have been collected. 18. Every occupant of property in the Municipality shall have all garbage removed from his/her premises at least once each week. If there is no occupant, then the owner shall do so. 19. A garbage collector is not required to remove more than four garbage bags of garbage with a combined weight of seventy five (75) pounds. 20. A garbage collector is not required to remove the contents of a container if the contents or part thereof is of a fluid consistency. 21. A garbage collector shall not deposit garbage at any place of deposit other than that specified in his/her application unless in an alternative place directed by the Council. 22. It is an offence for any person to put garbage in a
container in a way other than provided by this by-law. 23. No person shall throw any dirt, filth or rubbish on any street, road, land or highway in the Municipality. animals, garden refuse and waste and broken or discarded household furniture or furnishings shall not be included with garbage or similar materials for the weekly
collection , but shall be deposited by the owner at
his/her own expense, in a place of disposal designated by
the Council. 25. Waste material or rubbish left by any contractor or by the owner of any premises following construction, alteration or repairing of any building shall be removed by such contractors as promptly as possible and will not be collected by the Municipality. 26. Every person who violates or fails to comply with any of the provisions of this by-law shall be liable on conviction to a penalty not exceeding One Hundred ($100) Dollars and in default of payment to imprisonment for a period not exceeding ten (10) days. BY-LAW 17 GARBAGE DISPOSAL
* Approved Sept. 16/94 DEFINITIONS Unacceptable Waste - means all waste as described in Schedule "A" hereto. Garbage Disposal Site - means one of the sites chosen by the
Municipal Council for the disposal of garbage within the County. Garbage Disposal Site Supervisor - means the person employed by the
Municipality to supervise a garbage disposal site. Director of Public Works - means the Director of Public Works
appointed by the Municipality of the County of Inverness. Persons - means a person or a corporation. 1. (a) The Municipal Council of the Municipality of the County of
Inverness is hereby authorized to designate by resolution one or more garbage disposal sites within the Municipality and to establish and operate or permit the establishment and
operation, thereof, by a private contractor in accordance with the terms of this By-Law. (b) If more than one garbage disposal site is established the Municipal Council is authorized by resolution to designate a portion of the County to be serviced by each site. 2. No person shall dispose of any garbage at any other site within the Municipality other than at one of the sites
designated by the Municipal Council for disposal of garbage or a site that has received a permit from the Minister of the Environment or which is not required to obtain a permit in accordance with Section 23 of the Environmental Protection
Act. 3. Only persons permitted by the Municipal Council to collect and transport garbage shall be allowed to dispose of garbage
at the Municipal garbage disposal site. 4. Any resident shall be permitted to dispose of his/her own garbage at the Municipal garbage disposal site for his/her
area, but in so doing shall comply with all provisions of this By-Law and By-Law 16. 5. No person shall deposit garbage at any place within the garbage disposal site other than within the excavation trench prepared therefore, unless directed otherwise by the disposal site supervisor. 6. All garbage when delivered to the Garbage Disposal site shall be packaged or contained in such a manner that it will
not blow away or become scattered around the site upon being dumped. 7. If the garbage disposal site supervisor is of the opinion that a load of garbage is not so packaged as to comply with the preceding subsection he/she can refuse to permit the load
to be dumped at the site until the garbage is so packaged or require such other conditions to be fulfilled as he/she feels necessary to ensure that the garbage is not scattered around the site upon dumping, before allowing the load to be dumped. 8. Any person who violates or continues to violate the provisions of sections 6 and 7 of this By-Law may have his/her privilege of delivering garbage to the garbage disposal site suspended by the Director of Public Works until he/she
complies with these sections of the By-Law. 9. Each garbage disposal site shall be open for use from Monday to Saturday of each week with the exception of holidays as Council by resolution directs and during such hours as
Council by resolution directs. 10. No person shall deposit at a Municipal garbage disposal
site, unacceptable waste without the written permission of Council which shall be given only upon its considering it safe that such waste be deposited there and sets out any special conditions for its safe deposit and upon obtaining such
approvals or permits from other government departments or regulatory agencies as it considers are required. 11. Any person who contravenes or fails to comply with any provisions of this By-Law shall be liable upon conviction to a penalty of not less than One Hundred ($100) Dollars and not
more than One Thousand ($1000) Dollars for each offence, and in default of payment to a period of imprisonment of not less than Five (5) days and not more than Ninety (90) days. SCHEDULE "A"
NON-ACCEPTABLE WASTES This schedule forms part of By-Law 17, the Garbage Disposal By-Law
of the Municipality of the County of Inverness. The following materials are non-acceptable wastes for the purposes of the Garbage
Disposal By-Law of the Municipality of the County of Inverness. 1. Explosives or highly combustible materials of any nature. 2. Radioactive materials. 3. Any corrosive or toxic materials, chemicals, or materials of a carcinogenic nature. 4. Waste buildings materials except lumber less than twelve (12) feet in length and other building materials specifically authorized by the Director of Public Works. 5. Carcasses of any animals other than household pets. or paints or oils. 7. Any large metal items, including but not limited to entire automobile bodies, entire truck bodies or storage tanks over three hundred (300) gallon capacity. 12. Tree stumps and trees having a diameter greater than ten (10) inches and a length greater than four (4) feet. These materials shall not be disposed of within the landfill
without being treated in the recommended manner for such special wastes. 14. Biomedical wastes which encompass pathological and infectious
wastes, are normally disposed of by incineration or
alternatively these wastes shall not be disposed of within
the sanitary landfill unless first sterilized and clearly identified. 15. Volatile and flammable wastes such as paints, dry cleaning
fluids, magnesium shavings, shall not be disposed off within the Sanitary Landfill. 16. Pesticide containers which are unwashed or which are
partially or completely full shall not be accepted or
disposed off at the Sanitary Landfill. 17. Radioactive or explosive material or any corrosive, toxic or hazardous material shall not be accepted or disposed off within the Sanitary Landfill. Any Waste brought to the site which do not fit specifically
in any of these categories must be referred to the County Engineer who will in turn contact the Nova Scotia Department of the Environment for approval prior to their deposition. BY-LAW 18
JUNK DEALERS
* Repealed Dec. 9/94 BY-LAW 19
TAXIS
* Approved Dec. 9/94 (except Section 13) INTERPRETATION 1. In this By-Law, unless the context otherwise requires: (a) "Council" means the Municipal Council. (b) "Taxi Driver" means any person who drives a taxicab. (c) "Taxi License" means a license granted by the Council permitting the owning of a taxicab for operation in the Municipality. (d) "Taxi Driver's License" means a license granted
permitting the holder thereof to drive a licensed taxicab within the Municipality. who owns any taxicab or a person who has such in his/her possession or under his/her control either as a legal owner, or under any lease, rental agreement, hire,
purchase agreement, or agreement of sale. (g) "Owner" as applied to any motor vehicle means the person who owns such motor vehicle or has such motor vehicle in his/her possession or under his/her control, either as legal owner, or under any lease, rental agreement, hire, purchase agreement, or agreement of sale. (h) "Vehicle" has the meaning given to it by the Motor
Vehicle Act. LICENSE REQUIRED 2. The owner of a motor vehicle shall not use it, or permit
it to be used as a taxicab within the Municipality unless a Taxi License is in force in respect of the said vehicle. 3. No person shall drive a taxicab unless he/she has in
his/her possession a valid taxi driver's license, which is in force. 4. No person shall drive a taxicab within the Municipality unless there is a taxi license in force in respect of the
said vehicle. APPLICATION FORM 5. Every application for a taxi license or a taxi driver's license shall be made in writing and filed with the Clerk. 6. (1) Every application for a Taxi License shall contain: (a) The type of vehicle; (b) Make and year of vehicle; (c) Serial number of vehicle; (d) Record of convictions against applicant; (e) Amount of insurance on vehicle, with name of Company
and (f) Two references to character. in good mechanical condition, and (b) An automobile insurance policy or a certified copy thereof, providing on the vehicle sought to be licensed, public liability, property damage and cargo or passenger hazard insurance in the following
amounts: (i) At least $500,000.00 (exclusive of interest and costs) for loss or damage resulting from bodily injury to or death of any one person in any one accident, and (ii) At least $1,000,000.00 (exclusive of interest and costs) for loss or damage resulting from bodily injury to or death to two or more
persons in any one accident, and (iii) At least $10,000.00 (exclusive of interest and costs) for loss or damage to property carried
in or on the taxicab, resulting from any one accident. (c) A fee of ten ($10.00) dollars. TAXI DRIVER'S LICENSE 7. (1) Every application for a Taxi Driver's License shall be
made in writing and shall contain: (a) The full name and address of the applicant; (b) Age of applicant; (c) Number of years applicant has been driving; (d) Number of chauffeur's license for current year; (e) Record of convictions against the applicant; (f) Two references to character. (2) Such application must be accompanied by: (a) Two passport size photographs of the applicant,
unretouched, one to be filed with the application, and the other to be affixed to the license if and when granted; (b) A fee of Ten ($10.00) dollars. 8. It shall be an offence for any person to make a false statement of fact in any application for a Taxi Driver's license. 9. A license issued under the provisions of this by-law
shall be in force from the date of the issue to the 31st of March in the year of issue, unless sooner suspended or revoked. REVOCATION 10. (1) A Taxi Driver's License shall be revoked when the holder thereof has been convicted of any offence against the Motor Vehicle Act, the Liquor Control Act or Sections 233 to 235, inclusive, of the Criminal Code. (2) A Taxi license shall be revoked when the holder has been convicted of any offence against the Motor Vehicle Act, the Liquor Control Act or Sections 233, 234 and 235 of the Criminal Code. SUSPENSION 11. (1) A Taxi Driver's license shall be suspended during such time
as the holder thereof does not have a chauffeur's License of the Province of Nova Scotia in force but may be reinstated when he/she produces a license which is in force. (2) A Taxi License shall be suspended during such time as the vehicle to which it refers is not in good mechanical
condition or during such time as the insurance policy
required by this by-law in respect of such vehicle is not in
force, but may be reinstated when a new certificate of good
mechanical condition or a new or renewed insurance policy is
produced. AUTHORITY TO ISSUE LICENSES 12. (1) The Council shall be responsible for the issue,
suspension or revocation of licenses under this by-law. (2) Under the direction of the Council, the Clerk shall have a general supervision over taxis, taxi owners, and taxi drivers, and the enforcement of the provisions of this by-law, and he/she may examine or cause to be examined by a qualified mechanic, any taxicab and make inquiries or cause inquiries to be made of taxi owners and taxi drivers at any time. 13. (1) The owner of every licensed taxicab shall maintain for
each taxicab a record book containing a written record of all trips made for hire. Such record shall state in ink or
indelible pencil the date, time and destination of each trip made, the name and license number of the driver and shall be retained for at least twelve months. (2) The Clerk, or any person acting with his/her specific permission, shall at any reasonable time of the day or night be permitted immediate access to such records. PLACE OF BUSINESS 14. The owner of any taxicab shall have an established place of business within the County of Inverness and shall have a telephone listed in the telephone directory for that area in which his/her place of business is located. Any change of
location or of a telephone number shall be reported to the Clerk immediately. PENALTIES 15. Any person who violates any provision of this by-law
shall be guilty of an offence and shall be liable to a
penalty of not more than one hundred ($100.00) dollars and in default of payment of imprisonment for a period of not longer than thirty (30) days. 16. The licenses mentioned in this by-law shall be in the forms provided in Schedule "A" below.
SCHEDULE "A" TAXI LICENSE
MUNICIPALITY OF THE COUNTY OF INVERNESS
License to Owner of a vehicle to operate the same as a Taxicab within the Municipality of the County of Inverness. Year of vehicle: A TAXI LICENSE IS HEREBY GRANTED Of in the County of Inverness, to operate the above mentioned vehicle for the transportation of passengers for hire in the said County of Inverness, under the provisions of the By-Laws of the said Municipality. DATED at Port Hood, Nova Scotia, this day of A.D., 19 . Municipal Clerk TAXI DRIVER'S LICENSE
MUNICIPALITY OF THE COUNTY OF INVERNESS
License to drive a taxicab within the Municipality of the County of
Inverness: A TAXI DRIVER'S LICENSE IS HEREBY GRANTED of in the County of Inverness to drive a licensed taxicab in the said County, under provisions of the by-laws of the said Municipality, during the year 19 . DATED at Port Hood, Nova Scotia, this day of A.D., 19 . Municipal Clerk BY-LAW 20
TRAILERS
* Approved Dec. 9/94 1. This by-law shall not apply to: (a) A trailer parked in a yard of any residential premises for
a period not exceeding three weeks at any one time; (b) A trailer parked in the yard of the residential premises
of the owner thereof; If in either case it is not while so parked used for living
or eating purposes or for carrying on any business. 2. Every application for a license under this by-law shall be made in writing on a form provided therefor by the
Municipal Clerk and signed by the person applying
therefor. 3. The Council shall authorize the Clerk to issue a license on receipt of the following: (a) A properly completed application form containing: (i) The full name and address of the applicant; (ii) A description of the trailer including name of maker and the length of the trailer in feet; (iii) The name and address of the owner of the property where the trailer is or is to be parked; (iv) The date it is intended that the trailer be placed on the said property and an estimate of the length
of time it will remain there. (b) Satisfactory evidence that the applicant has a system for the disposal and treatment of sewerage and waste which complies in all respects with the by-laws of the
Municipality of Inverness and the laws of the Province of Nova Scotia regulating the disposal and treatment of sewerage and waste materials. (c) The required license fee. 4. (a) The fee for a license for a trailer shall be fifty ($50) dollars provided that if a trailer is located within the Municipality for more than one year and becomes taxable under the Assessment Act, the fifty ($50) dollar fee shall be credited toward payment of such taxes. (b) In the event of the removal of a trailer for which a
license fee has been paid before the expiration of one year from the date the license was issued, the fifty ($50) dollars shall be forfeited. 5. A license under this by-law shall be valid until the 31st day of March next following its issue unless sooner
revoked or suspended. 6. A license issued hereunder may be suspended or revoked by the Council if the holder thereof fails to comply with sanitary regulations respecting auto trailers made under the authority of the Public Health Act. 7. Every licensee shall display his/her license on demand of a police officer. 8. The Clerk shall keep a record of every license issued by him/her with a number on each record corresponding to the
number inserted in the license. 9. The Clerk on payment of one ($1) dollar shall replace any license when a person licensed files with the Clerk his/her Statutory Declaration that it has been lost, stolen or destroyed. 10. Every person who violates or fails to comply with any of the provisions of this by-law shall be liable on
conviction to a penalty not exceeding one hundred ($100) dollars, and in default of payment to imprisonment for a period not exceeding thirty (30) days. BY-LAW 21
TRAILER COURTS
* Approved Dec. 9/94 1. In this by-law, unless the context otherwise requires, the expression: three or more occupied trailer houses are located; drawn by an automobile or other means and equipped to be used as a dwelling; (c) "Dependent auto trailer house" means an auto trailer house which does not have water-flushed fixtures installed and
is not connected to municipal sewer and water facilities; (d) "Independent auto trailer house" means an auto trailer house that has water-flushed fixtures installed together with attachments for connection to municipal sewer and water facilities. 2. No auto trailer house shall be parked or located on any ground within the limits of the municipality to be used as a permanent or occasional place of residence without the written permission of the Board of Health and any trailer so parked or used shall be subject to the provisions of all by-laws and regulations, and the regulations under the Public Health Act. 3. No person shall use an auto trailer house as a dwelling for occasional or permanent use unless it is connected to (a) A municipal sewer system; or (b) An approved private sewage disposal system and water
system on a plot of land of regulation size. Submission of plans and specifications to the Medical Health Officer for approval is required before such permission can be obtained. 5. No person shall operate an auto trailer court unless it is connected to: (a) A municipal sewer system and water system; Medical Officer of Health. 6. No person shall operate an auto trailer court unless such court has at least: (c) 25 feet clear space between each auto trailer house
provided that where trailers are parked end to end, the end to end clearance shall be at least 10 feet. 7. In auto trailer courts, for the first 10 dependant auto trailer houses, there shall be provided: (1) One water closet for each sex and one wash basin (2) One laundry tub or similar laundry facilities (3) One slop water closet; and (4) One shower for each sex. (ii) And in addition, where there are more than 10 dependant auto trailer houses there shall be for each additional five auto trailer houses or fraction
thereof, one water closet for each sex, and one wash basin for each water closet. (b) Service buildings shall be centrally located, and in no case shall be more than 300 feet from, or nearer than 20 feet to any auto trailer house and shall be provided with adequate light, heat and ventilation. 8. The operator of an auto trailer court shall provide metal receptacles with tight fitting metal covers for the
storage of all garbage and other refuse. Disposal of
garbage and refuse shall be made in an approved location as may from time to time be directed by the Municipality. 9. All auto trailer courts shall be provided with an adequate supply of potable water. 10. The Medical Officer of health or Public Health Inspector may require the relocation or removal of any auto trailer house, for any infraction of the regulations. 11. The Municipality may, by by-law, designate areas within the limits of the Municipality wherein auto trailer houses and auto trailer courts may be located. 12. Every person who violates or fails to comply with any of the provisions of this by-law shall be liable on
conviction to penalty not exceeding one hundred ($100)
dollars, and in default of payment to imprisonment for a period not exceeding thirty (30) days. BY-LAW 22
IMPROVEMENT CHANGES
* Approved Dec. 9/94 1. The Municipal Council by resolution may order and direct
that a permanent curb, gutter, sidewalk or pavement or any
of them may be installed, laid or constructed on any street in the Municipality whether or not the same has been
previously installed, laid or constructed thereon, with
such material as the council deems necessary or advisable. 2. The costs incurred in installing, laying or constructing such curb, gutter, sidewalk or pavement shall be for as follows: (a) One half of the cost to be paid by the Municipality; (b) One half of the cost shall be paid by the owners of the properties fronting on the curb, gutter, sidewalk or pavement frontage in proportion to the length or frontage of each property; (c) The full cost shall be paid by the Municipality for any curb, gutter, sidewalk or pavement situate at the intersection of two streets, and common to both. 3. The Municipal Engineer shall keep an account of the cost of such work and on its completion shall file in the Municipal Clerk's Office: (a) A statement of the cost of the work; (i) The amount to be paid by the Municipality pursuant to clause (c) of Section 2; (ii) The total lineage frontage and the cost per foot to be paid by abutters; (b) A statement of the lineal frontage of each property with the name of the owner thereof. 4. The Municipal Clerk, from the statements filed by the Engineer, shall determine the amount of charge or tax to be assessed and levied upon and paid by the respective owner of properties fronting on the curb, gutter, sidewalk or pavement. 5. Every charge or tax imposed under the provisions of this by-law, shall constitute a lien upon the real property as provided for rates and taxes of the Assessment Act and
shall be collectible in the same manner as rates and taxes on real property are collected under the Assessment Act. 6.(1) Such charge or tax shall be due and payable on the day when the bill therefor is mailed by ordinary mail to the person liable, and at the option of the respective persons liable may be paid in either of the following ways: (a) By one lump sum payment in the year in which the charge or tax is assessed; or (b) By equal annual payments each, payable on the
anniversary of the date on which the amount became due and payable, extended over the period of ten years,
with interest payable thereon annually at the rate of
ten per centum per annum with power however to prepay the whole or any part of the amount remaining, at any time, without notice and provided that if default is made in the payment of any annual payment or interest or both when it falls due then the whole balance immediately becomes due and payable without notice or demand. (2) The owner shall within one month after receiving the bill, notify the Municipal Clerk in writing of which option has been selected under subsection (1), and in event of failure to do shall be deemed to have selected that provided by clause (b) thereof. BY-LAW 23
DESTRUCTION OF DOCUMENTS
* Approved Dec. 9/94 1. The Council of the Municipality of the County of Inverness may
by resolution in form similar to Schedule "B" of this by-law,
cause the destruction of documents or records after they are
no longer required provided that the Clerk submits to Council
his/her affidavit setting forth each of the documents or
records proposed to be destroyed and that there is nothing of
value therein. 2. The affidavit of the Clerk setting out that he/she has
personally examined each document or record and that there is
nothing of value therein may be in form as set out in Schedule "A" of this by-law. 3. Nothing in this by-law shall authorize the destruction of the
following documents: (a) deeds, mortgages, or other documents or records relating
to the title of real property (b) court records (c) records required to be kept by any statute, (d) records less than five years old, (e) minutes, by-laws or resolutions of the Council (f) plans and surveying records, (g) receipts, paid or honoured cheques and invoices other
than those with respect to construction or capital
expenditures, hospital notices and receipts, and pay roll
records less than seven years old. (h) receipts, paid or honoured cheques and invoices with
respect to construction less than ten years old, (i) coupons, redeemed bonds and similar documents less than
ten years after repayment of issue, (j) books of account and ledgers less than ten years old, (k) copies of receipts for rates and taxes and assessment
rolls less than twenty years old. SCHEDULE "A"
AFFIDAVIT OF CLERK
I N THE MATTER of the Destruction of documents and records of the
Municipality of the County of Inverness I, of in the County of Inverness, Clerk of the Municipality of the County
of Inverness, do make oath and say: 1. That I am Municipal Clerk of the Municipality of the County of
Inverness. 2. That I have personally examined each of the documents or
records listed immediately below pursuant to a by-law permitting
the destruction of documents and records which are no longer
required. (a) (b) (c) (d) (e) 3. That the aforementioned list does not contain any document or
record exempt from destruction pursuant to Section 3 or By-Law
Number . 4. That to the best of my knowledge there is nothing of value
contained therein. 5. That the said document and records are no longer required by
the said Municipality. SWORN before me at in the County of Province of This day of A.D. 19 _____________________________ Clerk ________________________ Commissioner SCHEDULE "B"
RESOLUTION of the Council of the of WHEREAS the documents and records of the as set out in the affidavit of the Municipal Clerk sworn to the day of A.D., 19 are no longer required; AND WHEREAS according to the said affidavit of the Clerk the said
documents and records have been personally examined by the Clerk
and he/she has determined that there is nothing of value therein
and that the said documents and records do not include any
documents or records which are exempt from destruction pursuant to
Section 3 of the by-law. BE IT THEREFORE RESOLVED that the said documents and records as set
out in the said Affidavit of the Clerk be forthwith removed and
destroyed. THIS IS TO CERTIFY that the foregoing is a true copy of a resolution duly passed at
a duly called meeting of the held on the
day of ,A.D.. 19 GIVEN under the hands of the
and the and under this the day of A.D., 19 ___________________________________ WARDEN ___________________________________ CLERK BY-LAW 24
DEVELOPMENT OFFICER
* Approved Dec. 9/94 The powers and duties of the Council under Part IX,
Subdivisions, of Chapter 16 of the Statutes of Nova Scotia, 1969,
the Planning Act, except the power to adopt, amend, revise or
repeal a subdivision by-law and the powers vested in the council
under subsection (3) of Section 50 of said Planning Act shall be
delegated by the Council to the development officer of the District
Planning Commission or, if there is no Commission then to
development officer of the Municipality.
click in this frame and press CTRL+F.
BY-LAW 1, INTERPRETATION -- Approved Sept. 16/94
BY-LAW 2, THE COUNCIL -- Approved Amendments Dec. 9/94 {6(19) & 6(21)}
BY-LAW 3, COUNCILLORS' SALARIES
BY-LAW 4, COMMITTEES AND BOARDS -- Approved Sept. 16/94
BY-LAW 5, MUNICIPAL OFFICERS -- Approved Sept. 16, 1994
BY-LAW 6, MUNICIPAL BUSINESS -- Approved Sept. 16, 1994
BY-LAW 7, MUNICIPAL PROPERTY AND STREETS -- Approved Sept. 16/94
BY-LAW 8, MISCHIEFS AND NUISANCES BY-LAW -- Approved Sept. 16/95 (except Sections 3, 5, 6, 7 &10)
BY-LAW 9, FIRE AND EXPLOSIVES -- Repealed Dec. 9/94
BY-LAW 10, ANTI-LITTER -- Approved Sept. 16/94
BY-LAW 11, CURFEW -- Approved Sept. 16/94
BY-LAW 12, REGULATION OF ANIMALS -- Approved Sept. 16/94
BY-LAW 13, DOGS -- Approved Sept. 16/94
BY-LAW 14, TAX ON COMMENCING BUSINESS -- Approved Sept. 16/94
BY-LAW 15, AUCTIONEERS, PEDLARS, HAWKERS, AND TRADERS OF GOODS -- Approved Sept. 16/94
BY-LAW 16, GARBAGE COLLECTION -- Approved Sept. 16/94
BY-LAW 17, GARBAGE DISPOSAL -- Approved Sept. 16/94
BY-LAW 19, TAXIS -- Approved Dec. 9/94 (except Section 13)
BY-LAW 20, TRAILERS -- Approved Dec. 9/94
BY-LAW 21, TRAILER COURTS -- Approved Dec. 9/94
BY-LAW 22, IMPROVEMENT CHANGES -- Approved Dec. 9/94
BY-LAW 23, DESTRUCTION OF DOCUMENTS -- Approved Dec. 9/94
BY-LAW 24, DEVELOPMENT OFFICER -- Approved Dec. 9/94
BY-LAW 25, BUILDING BY-LAW -- Approved Dec. 9/94
BY-LAW 26, DANGEROUS AND UNSIGHTLY PREMISES -- Repealed March 3, 1995
BY-LAW 27, SUBDIVISION BY-LAW
BY-LAW 28, MUNICIPAL LAND TRANSFER TAX -- Approved Nov. 22/ 2006
BY-LAW 29, CHIEF ADMINISTRATIVE OFFICER BY-LAW -- Approved Dec. 9/94
BY-LAW 30, CAPITAL COST OF SEWER & WATER CONSTRUCTION -- Approved Amendments Feb 4/08
BY-LAW 31, COMMITTEE-OF-THE-WHOLE BY-LAW
BY-LAW 32, EMERGENCY MEASURES BY-LAW
BY-LAW 33, HERITAGE PROPERTY BY-LAW
BY-LAW 34, INSTALMENT BILLING BY-LAW
BY-LAW 35, TAX EXEMPTION BY-LAW
BY-LAW 36, PENSION BY-LAW
BY-LAW 42, BY-LAW RESPECTING SMOKING
BY-LAW 43, BY-LAW RESPECTING SEWER SERVICE CHARGE -- Approved February 4, 2008.
BY-LAW, NOISE CONTROL ----Approved 1997.
BY-LAW, AUTOMATIC AND AUTOMATIC VENDING MACHINES -- Repealed Sept. 16/94
BY-LAW, LORD'S DAY BY-LAW -- Repealed Dec. 9/94
BY-LAW, PHOTOGRAPHERS -- Repealed Sept. 16/94
BY-LAW 18, JUNK DEALERS -- Repealed Dec. 9/94
BY-LAW 26, DANGEROUS OR UNSIGHTLY PREMISES -- Repealed Mar. 3/95
BY-LAW 9, FIRE AND EXPLOSIVES -- Repealed Dec. 9/94
BY-LAW 18, JUNK DEALERS -- Repealed Dec. 9/95
BY-LAW 8, GAOLS AND LOCK-UPS -- Repealed Sept. 16/94
IN THE MUNICIPALITY OF THE COUNTY OF INVERNESS
3. Councillors' shall receive a meeting fee of $55.00 per day for attendance at meetings of any Standing or Special Committee of Council or of any Board or Commission of which they are a member as well as for attendance at any other meeting or function involving municipal business, at which attendance is approved by Council or where attendance is requested by Council.
ADVISORY MEMBERS
(2) The Council may appoint persons who are not Councillors to attend Committee meetings of any Committee for advisory purposes only.
RULES OF CONDUCT AND DEBATE
(3) All questions arising in a Committee shall be determined by a majority of votes, and the Chair shall have the right to vote on all questions; in the event of a tied vote the question shall be deemed to have been determined in the negative.
COMMITTEE REPORTS
2. (1) When any matter is referred by the Council to a Committee, the Committee shall report thereon to the Council in writing, signed by a majority of the members appointed to the Committee.
(2) Any minority may submit a separate report signed by him/her or them.
(3) The Clerk shall file and preserve all such reports as part of the proceedings of the Council.
STANDING COMMITTEES
3. (1) The Council shall appoint the following standing Committees and Boards:
(a) Nominating Committee (b) Tourist Committee
(a) Heritage Property Committee
(b) Joint Expenditure (c) Board of Health (d) Inverness County Municipal Housing Corporation (e) Strait Area Regional Development Commission (f) Audit Committee (g) Fences Arbitration Committee (h) Community Services Committee (i) Inverness/Richmond District Planning Commission (j) Eastern Counties Regional Library Board
FUNCTION OF COMMITTEES
5. Unless otherwise provided, the Committee procedures set out in this by-law shall apply to all committees and boards of council.
(2) Notwithstanding the provisions of subsection (1), the Council may, by unanimous consent, dispense with the ballot and elect by roll call vote.
(3) Where only one person is nominated for an office and nominations have been closed, the Council may by resolution instruct the Clerk or any Councillor to deposit a ballot for that person, and the Chair, or the Clerk if there is no Chair, shall declare that person elected to the office for he/she was nominated.
3. The Oath of Office made by every officer of the Municipality shall be transmitted to the Clerk, who shall file the same in his/her office.
NOTICE OF OFFICE
4. The Clerk shall mail or deliver a Notice to each person appointed by the Council to any office or position, and shall furnish copies of all orders or resolution made by the Council, to the persons who may be affected thereby, or whose duty it may be to execute such order.
WARDEN AND DEPUTY WARDEN
5. At the first meeting after the election of a Council, and whenever the office shall become vacant, the Council shall elect a Warden and Deputy Warden.
6. In the absence of or the inability to act of the Warden, or in the case of the death of the Warden, the Deputy Warden shall perform all the duties and functions of the Warden as established by law or by resolution of the Council, until a Warden is elected.
CLERK
7. (1) The Clerk shall perform all the duties and functions prescribed by Section 45 of the Municipal Act.
SECURITY
(2) Before entering upon or continuing in office, the Clerk shall give security in the form required by law, in the amount of ten thousand dollars.
SALARY
(3) The salary of the Clerk shall be fixed by the Council by resolution and according to law.
TREASURER
8. (1) The Treasurer shall perform all the duties and functions prescribed by section 50 of the Municipal Act.
SECURITY
(2) Before entering upon or continuing in office, the Treasurer shall give security in the form required by law, in the amount of Fifteen Thousand Dollars.
SALARY
(3) The salary of the Treasurer shall be fixed by the Council by resolution and according to law.
CLERK AND TREASURER
(4) Where the Treasurer is also the Clerk, the Council may provide one salary for the two offices, but the amount of security required for the office of Treasurer shall be in addition to the amount of security required for the office of Clerk.
TREASURER'S REPORT
(5) The Treasurer shall lay before the Council at its annual meeting in each year a report of the receipts and expenditures of the Municipality for the preceding year, and also a statement of the Collectors' Accounts and of all liabilities and assets of the Municipality as of the Thirty- First day of March of the preceding year.
BOOKS
(6) The books and accounts kept by the Treasurer shall be kept in a clear and intelligible manner and according to the methods set out in the Accounting Manual for Nova Scotia Municipalities to show the financial position of the Municipality and various bodies for which it acts; the said books shall be the property of the Municipality.
AUDITORS
9. (1) At every annual meeting, the Council shall appoint a firm of Chartered Accountants to be the Auditors of the Municipality and of the Municipal Boards and Commissions.
(2) The Auditors so appointed shall report in the manner required by law to the next annual meeting of the Council.
(3) The compensation of the Auditors shall be determined from time to time by resolution of the Council.
COLLECTOR
10. (1) The Treasurer shall be the collector of rates and taxes, but the Council may appoint special collectors of rates and taxes who shall perform their duties under the direction of the Treasurer.
(2) Before entering upon or continuing in office, a collector shall give security in the form required by law, in the amount of ten thousand dollars.
(3) At the end of each week after receipt of his/her roll, a collector shall pay over to the Treasurer all rates and taxes collected, and shall make his/her final return within five days of the end of the year.
(4) The Collector shall perform all duties imposed on him/her by the Assessment Act, or any statute or by-law.
(5) The Collector, in making his/her final return, shall deliver his/her roll to the Treasurer and furnish explanations for any amounts not collected.
TENURE
11. When any person is appointed herein or under the provisions of the Municipal or any other Act of the Province of Nova Scotia, he/she shall hold office until he/she is removed or until his/her successor is appointed, and (unless it is otherwise specified in his/her appointment) he/she shall exercise his/her functions throughout the Municipality.
REPORTS
12. The Council may by resolution require an annual report from any fence viewer, pound keeper or other person appointed herein.
(3) The Warden or Clerk may affix the Seal to any document for the purpose of authentication and shall charge a fee of ten dollars for such authentication.
PROVIDED THAT no fee shall be required for Certificates that are required for Municipal purposes or for Certificates of appointment of Municipal offices required in any Court of Law.
2. The Warden and Clerk shall affix the Seal to any authorized deed or contract which is required by law to be under Seal, and shall countersign such document.
CUSTODY OF BY-LAW
3. The Clerk shall keep in his/her office a copy of the By-laws of the Municipality, amended to date, which shall be open to public inspection without charge at all reasonable times.
2. Any person who:
(a) Destroys, damages, or blemishes any property of or under the care or management of the Municipality; or (b) Removes or causes to be removed any soil, gravel, trees, sand, or stones from land of or under the care or management of the Municipality; (c) Deposits or cause to be deposited any soil, gravel, sand, stone, garbage, filth, refuse or other material on lands of or under the care or anagement of the Municipality; shall be liable to a penalty of not more than One Hundred Dollars for each offence and in default of payment to imprisonment for a period of not more than (10) days.
3. (1) Any person who:
(a) Obstructs or causes an obstruction in any public place or way; or (b) Places or causes to be placed any building or fence in such a manner that it projects into or over any public place or way; shall, upon Notice having been served upon him/her, remove the said building or fence within the time limited by the said notice.
5. (1) No person shall drive or ride any horse, cow, sheep, swine or other animal
(a) On any sidewalk; or (b) On or in any other public place or way which is not a highway; where the passage or excrement of such animal would be likely to cause annoyance or does cause annoyance to any person or persons using the sidewalk or public place or way.
(a) By any Church; (b) For summoning or directing any employees; (c) For the public interest or safety.
(3) The times mentioned in Sub-section (1) shall be determined according to Atlantic Standard Time or Atlantic Daylight Time whichever is in force at the time.
TRESPASSING
DISCHARGING FIREARMS
GASES
10. No person shall permit the escape of any noxious or foul smelling gases from premises which he/she occupies.
KENNELS
PIGSTY
12. No person shall maintain, or cause or permit to be maintained a pigsty on his/her premises within fifty feet of any public place, way or building.
PENALTIES
13. Where any person contravenes or fails to comply with any provision of this by-law, he/she shall be liable to a penalty of not more than One Hundred Dollars, and in default of payment to imprisonment for a period of not more than ten days.
BY-LAW 13
BE IT RESOLVED by the Municipal Council of the Municipality of the County of Inverness that By-Law 13, Dogs, be repealed and re-enacted as follows:
10. A garbage collector shall collect all garbage for the area specified in his/her license not less than once each week,
on a day determined by the Municipality and of which notice shall be given to the householders in his/her district either by newspapers or other media, provided that the
garbage is properly packed in garbage bags no larger than
30" by 37" and placed at the location as required by these
by-laws.
13. Every vehicle used in the collection of garbage shall be
so sufficient to prevent any of the contents of the
vehicle from falling out of or otherwise being spilled or scattered from the vehicle while in motion.
15. All cardboard boxes or cartons shall be flattened out
24. Wrecked or derelict motor vehicles, bodies or parts, dead
Garbage - means all waste material of every nature and kind except
that described herein as unacceptable waste.
(a) "Auto trailer court" means any plot of ground upon which
(b) "Auto trailer house" means a vehicle that may be towed or
4. No auto trailer court shall be operated without having obtained the written permission of the Board of Health.
DANGEROUS AND UNSIGHTLY PREMISES
* Repealed March 3, 1995
BY-LAW 27
SUBDIVISION BY-LAW
PART 1: TITLE
This by-law may be cited as the "Subdivision By-law" for the Municipality of the County of Inverness.
PART 2: INTERPRETATION
In this by-law the word "shall" is mandatory and not permissive. Words used in the present tense shall include the future. Words used in the singular shall include the plural except where otherwise indicated and words used in the plural number shall include the singular. All other words shall carry their customary meaning except those defined hereinafter.
PART 3: DEFINITIONS
3. (a) Area of Land means any lot or parcel as described by its boundaries.
(i) any lot or parcel described in a deed executed on or before August 6, 1984 less any subsequent conveyances prior to August 6, 1984, or
(ii) any lot or parcel shown on a final plan of subdivision filed in the Registry of Deeds before August 6, 1984 or
(iii) any lot or parcel described in a deed executed on or subsequent to August 6, 1984, by means of Section 93(2) of the Planning Act hereto attached as Appendix "A";
(b) Director means the Provincial Director of Planning;
(c) Existing street or highway means any public street or highway;
(i) the distance between the side lines of a lot or parcel measured along a public street or highway, or private road, or right-of-way indexed in Schedule "B" of this By-law, except in Section 23, or
(ii) where a lot or part thereof, abuts an outside curve on a public street or highway, or private road, or right-of-way indexed in Schedule "B" of this By-law, the distance measured along a line joining points on the side lines of the lot or parcel which points are 10 meters (32.8 feet) from such street, highway, private road, or right-of-way;
(e) Private road means any street or road which is not public where:
(i) the right-of-way, alignment, and gradient of the private road is approved by the Department of Transportation pursuant to Section 99 of the Planning Act hereto attached as Appendix "A", and
(i) prior to August 6, 1984, having a minimum width of 3 meters (9.8 feet), or
(ii) subsequent to August 6, 1984, having a minimum width of 6 metres (19.7 feet);
(g) Subdivider means the owner or owners of the area of land proposed to be subdivided and includes anyone acting with his/her written consent;
(h) Subdivision means the division of any area of land into two or more parcels, and includes a re-subdivision or a consolidation of two or more parcels.
PART 4: PRELIMINARY PLANS OF SUBDIVISION (Optional First Step)
4. (1) The subdivider proposing to subdivide property may submit to the Development Officer three (3) copies of a preliminary plan of the proposed subdivision together with the following information and documentation:
(a) name and address of the subdivider, and if the subdivider is not the owner of the area of land proposed to be subdivided, the name of the owner,
(b) names and addresses of all owners or the lot identifiers of all properties abutting the land proposed to be subdivided, and
(c) a plan or sketch of the land proposed to be subdivided to scale or scales sufficient for clarity of all particulars on the plan showing:
(i) the dimensions and area of the area of land to be subdivided,
(ii) the nature of the proposed subdivision and the lots therein,
(iii) the approximate location of watercourses or other natural features on the land proposed to be subdivided that might affect the number of lots on the area proposed to be subdivided, and
(iv) a key plan at a scale not smaller than 1:50,000 showing the general location of the area of land and indicating the true north.
(a) the Department of Health for an evaluation to determine what lot size is generally appropriate to meet the requirements of the provincial Regulations Respecting Subdivision of land to be Serviced by On-Site Sewage Disposal Systems,
(b) the Department of Transportation for preliminary review, and
(c) any other agency of the Province or the Municipality the Development Officer deems necessary.
PART 5: PROCEDURE FOR APPROVAL OF TENTATIVE PLANS OF SUBDIVISION
6. Notwithstanding Section 5, the Development Officer may waive the requirement that tentative application and plan of subdivision be submitted, where:
(a) the lots abut an existing street or highway, or a private road, and
(b) no central water or sewer services are to be installed,
provided that, if required, an assessment of the lots has been completed pursuant to the Regulations Respecting Subdivision of Land to be Serviced by On-site Disposal Systems by the Department of Health and the Development Officer is advised in writing by the Department of Health of the classification of such lots pursuant to the Regulations.
7. When the Development Officer is satisfied that an application and tentative plan of subdivision are complete he/she shall, if applicable, forward a copy to the Department of Health, the Department of Transportation and any other agency of the Province or Municipality the Development Officer deems necessary.
8. The Development Officer shall comply with the notification and approval provisions of Section 96(2) and (3) of the Planning Act hereto attached as Appendix "A".
9. Approval of a tentative plan of subdivision may not be refused or withheld as a result of the assessment or recommendations made by the Department of Health, the Department of Transportation or any other agency of the Province or the Municipality unless the tentative plan of subdivision is clearly contrary to a law of the Province or regulation made pursuant to a law of the Province, including any applicable dimensions for lot area and lot frontage contained in a land use by-law of the Municipality.
10. (1) The following information shall be stamped or written on any tentative plan of subdivision which is approved together with any other information necessary for the tentative plan to proceed to the final plan stage:
(a) "This tentative plan of subdivision is approved for lots . Such approval lapses if the lots are not shown on a final plan of subdivision approved within two years of the date of the approval of the tentative plan."
(b) the date of the approval of the tentative plan.
(c) "This tentative plan of subdivision shall not be filed in the Registry of Deeds as no subdivision takes effect until a final plan of subdivision is endorsed by the Development Officer and has been filed by him/her in the Registry of Deeds."
11. (1) Within 5 days of approving a tentative plan of subdivision, the Development Officer shall forward a copy of the approved tentative plan to the subdivider and notify in writing, where applicable, the Department of Transportation, Department of Health, and any other agency of the Province or Municipality the Development Officer requested to review the plan, of his/her decision to approve the tentative plan.
(2) Where the Development Officer refuses to approve a tentative plan of subdivision, he/she shall notify the subdivider pursuant to Section 96(3)(c) of the Planning Act, hereto attached as Appendix "A", advising the subdivider of the appeal provisions of Section 103 of the Planning Act hereto attached as Appendix "A".
PART 6: TENTATIVE PLAN OF SUBDIVISION REQUIREMENTS
12. (1) Tentative plans of subdivision submitted to the Development Officer shall be:
(a) drawn to a scale or scales sufficient for clarity of all particulars on the tentative plan of subdivision,
(b) based on a description of the property to be subdivided, preferably but not necessarily as surveyed, and
(c) folded to approximately 20x30cm (8x12 in.) with the face of the folded print being the title block which is located in the lower right hand corner of the tentative plan of subdivision.
(2) Tentative plans of subdivision shall show the following:
(a) name of the subdivision, if any, and the name of the owner of the area of land,
(c) a location map, drawn to a scale not smaller than 1:50,000 (such scale to be shown on the map), preferably with the same orientation as the area of land and, if possible, showing the location of the closest community to the area of land proposed to be subdivided,
(d) the words "TENTATIVE PLAN" located above the title block,
(e) a clear space for stamping measuring at least 15 centimetres (5.90 in.) wide by 15 centimetres (5.90 in.) high,
(f) the approximate dimensions of the area of land proposed to be subdivided,
(h) the area of each lot including the approximate area of the remainder lot, if any,
(i) each proposed lot individually identified without duplication of lot identifiers, and where applicable, where a parcel is being added to or subtracted from an existing lot or where a lot shown on a plan of subdivision is being divided, the proposed lot or lots shall be identified by the existing lot identifier and a letter.
(j) approximate location of existing main buildings on the area of land proposed to be subdivided with the graphical location for all buildings within 3 metres (9.8 feet) either side of the boundaries of the proposed lot,
(k) the boundaries of proposed lots shown by solid lines, and the vanishing boundaries of existing lots being re-subdivided, consolidated or both, shown as broken lines,
(l) the width and location of railroads, and existing and proposed public streets or highways, and private roads, and rights-of-way indexed in Schedule "B", including intersections and turning circles,
(m) the names of existing and proposed public streets or highways or private roads,
(n) a notation stating whether or not the lots for which approval is requested are serviced by central sewer and water systems,
(o) (vacant),
(p) the width, location and nature of any right-of-way easements, and other rights-of-way and easements on or affecting the area of land proposed to be subdivided,
(q) north point,
(r) the date on which the tentative plan of subdivision was drawn and the date of any revisions
(s) the location of any watercourse, prominent rock formation, area subject to flooding and any other prominent natural features which might affect the layout or provision of public streets or highways or private roads and services to the area where the subdivision is to be located, and
(t) the scale to which the tentative plan of subdivision is drawn;
(u) any other information which the Development Officer deems necessary to determine whether a tentative plan of subdivision conforms to this Bylaw.
(3) In addition to meeting the requirements of subsections (1) and (2), where the proposed lots front on a proposed public street or highway or proposed private road, a tentative plan of subdivision shall:
(a) show a boundary survey of the area of land proposed to be subdivided, excluding the remainder lot, certified and stamped by a Nova Scotia Land Surveyor in the manner required by the Nova Scotia Land Surveyors Act and the Regulations made thereunder,
(i) contours at 2 metre (5 foot) intervals, and drainage patterns, and
(ii) the width and location of existing and proposed public streets or highways, private roads, and right-of-way indexed in Schedule "B", including intersections and turning circles, and
(iii) the location of existing and proposed central sewer and water systems and proposed connections thereto, and
(c) be accompanied by two copies of centre line profiles of proposed public streets or highways or private roads.
(d) be accompanied by any other information which the Development Officer deems necessary to determine whether the plan and drawing referred to in clauses (b) and (c) conform to this Bylaw.
(4) Where plans or drawings or centre-line profiles are prepared by or under the supervision of a professional engineer, they shall be signed and sealed by the professional engineer in accordance with the Engineering Profession Act.
PART 7: PROCEDURE FOR APPROVAL OF FINAL PLANS OF SUBDIVISION
13. The subdivider proposing to subdivide an area of land shall submit an application in the form specified in Schedule "A" of this Bylaw and 12 copies of the final plan of subdivision meeting requirements of Part 8 of this Bylaw to the Development Officer for approval.
14. The Development Officer shall comply with the notification and approval provisions of Section 96(2) and (3) of the Planning Act, hereto attached as Appendix "A".
15. When the Development Officer is satisfied that an application and final plan of subdivision are complete he/she shall, if applicable, forward a copy to the Department of Health, the Department of Transportation and any other agency of the Province or Municipality the Development Officer deems necessary.
16. Approval of final plan of subdivision may not be refused or withheld as a result of the assessment or recommendations made by the Department of Health, the Department of Transportation or any other agency of the Province or Municipality unless the final plan of subdivision is clearly contrary to a law of the Province or regulation made pursuant to a law of the Province, or regulation made pursuant to a law of the Province, including any applicable dimensions for lot area and lot frontage contained in a land use by-law of the Municipality.
17. (1) Upon approval by the Development Officer of the final plan of subdivision, the Development Officer shall notify in writing the subdivider and where applicable, the Department of Transportation, the Department of Health and any other agency of the Province or Municipality the Development Officer requested to review the plan, of his/her decision to approve the final plan.
(2) Where a Development Officer refuses to approve a final plan of subdivision, he/she shall notify the subdivider pursuant to section 96(3)(c) of the Planning Act, hereto attached as Appendix "A", advising the subdivider of the appeal provisions of Section 103 of the Planning Act hereto attached as Appendix "A".
PART 8: FINAL PLAN OF SUBDIVISION REQUIREMENTS
18. (1) Final plans of subdivision submitted to the Development Officer shall be:
(a) drawn to a scale or scales sufficient for clarity of all particulars on the final plan of subdivision,
(b) certified and stamped by a Nova Scotia Land Surveyor that the lots for which approval is requested have been surveyed in the manner required by the Nova Scotia Land Surveyors Act and the regulations made thereunder, except for a final plan of subdivision prepared pursuant to Part 9 or Section 25(2) of this Bylaw,
(c) folded to approximately 20x30 cm (8x12 in.) with the face of the folded print being the title block which is located in the lower right-hand corner of the final plan of subdivision.
(2) Final plans of subdivision shall show the following:
(a) name of the subdivision, if any, and the name of the owner of the area of land,
(b) a location map, drawn to a scale not smaller than 1:50,000 (such scale to be shown on the map), preferably with the same orientation as the area of land and, if possible, showing the location of the closest community to the area of land proposed to be subdivided,
(c) the length of the boundaries of all existing and proposed lots, streets, highways, private roads, right-of-way easements, and other rights-of-way and easements including the length of arc, points of curvature and radius in the case of curved lines,
(d) the bearings of the boundaries of proposed lots,
(e) names of all owners or the lot identifiers of all properties abutting the proposed subdivision,
(f) a clear space for stamping measuring at least 15 centimetres (5.90 in.) wide by 15 centimetres (5.90 in.) high,
(g) the dimensions of the area of land proposed to be subdivided,
(h) approximate location of existing main buildings on the area of land proposed to be subdivided with the graphical location for all buildings within 3 metres (9.8 feet) either side of the boundaries of the proposed lot,
(i) the shape, dimensions and area of lots, blocks, and the remainder lot, if any,
(j) each proposed lot individually identified without duplication of lot identifiers, and where practicable, where a parcel is being added to or subtracted from an existing lot or where a lot shown on a plan of subdivision is being divided, the proposed lot or lots shall be identified by the existing lot identifier and a letter.
PART 9: WAIVER FROM SURVEY REQUIREMENTS OF FINAL PLAN OF SUBDIVISION
(b) the plan shows only lots having a minimum area of 4 hectares (9.8 acres) including the remainder lot, if any, and
(c) the plan is prepared, stamped and signed by a member in good standing of the Association of Nova Scotia Land Surveyors but is not certified in accordance with the Nova Scotia Land Surveyors Act and the Regulations made thereunder,
(2) The final plan of subdivision submitted to the Development Officer for approval pursuant to subsection (1) shall have the following affixed thereto immediately above the title block:
"The boundaries shown on this plan are a graphic representation only and do not represent the accurate shape or position of lot boundaries. The accurate locations of all boundaries shown are subject to a field survey prepared in accordance with Nova Scotia Land Surveyors Act and the Regulations made thereunder."
PART 10: GENERAL PROVISIONS
20. (1) All public streets or highways or proposed public streets or highways shown on a tentative or final plan of subdivision shall be approved by the Department of Transportation pursuant to Section 99 of the Planning Act, hereto attached as Appendix "A".
(2) All public streets or highways shown on a final plan of subdivision approved in accordance with Section 99 of the Planning Act, hereto attached as Appendix "A", shall be constructed in compliance with the requirements of the Department of Transportation and the deed accepted by the Department of Transportation prior to the endorsement of approval on a final plan of subdivision by a Development Officer.
21. All lots for which approval is requested shown on a plan of subdivision shall have frontage on
(a) a public street or highway, or
(b) a private road.
21A. (1) Notwithstanding Section 21, the Development Officer may approve a final plan of subdivision showing lots on a right-of-way which the Minister of Transportation in consultation with the Municipality has indexed in Schedule "B" of this By-law.
(2) Schedule "B" shall also report the length of the right-of-way from the existing public street or highway to which subsection (1) is applicable.
(2) Notwithstanding the lot area requirements contained in subsection (1), where an authorized person of the Department of Health has assessed the proposed lots shown on a final plan of subdivision and approved such lots for the installation of on-site sewage disposal systems, such lots shall be deemed to meet the lot area requirements contained in Schedule "C" of this By-law.
22A. Notwithstanding Section 22, where a land use bylaw is in effect:
(a) all lots for which approval is requested shown on a final plan of subdivision and the remainder lot, if any, for which no approval is requested, shall meet the applicable dimensions for minimum lot area and lot frontage contained in such bylaw, and
(b) Sections 22, 23, and 26 are inoperative and do not apply.
23. (1) For the purposes of Sections 23(2)(b) and (c), "water frontage" shall mean the distance measured as a straight line, between the two points where the side lot lines of a lot meet the navigable watercourse, and shall be deemed to be the lot frontage required by Section 22.
(2) Notwithstanding Sections 20 and 21 the Development Officer may approve a final plan of subdivision from an area of land showing either:
(a) a maximum of three lots, or two lots and a remainder lot, if any, where there is no public street or highway or private road within 1000 metres (3280.83 feet) of the area of land, or
(b) a maximum of six lots, or five lots and a remainder lot, if any, where the area of land abuts the shoreline of a navigable watercourse where:
(i) each of the lots has water frontage, and
(ii) the parking area is within 300 metres (984.25 feet) of the navigable watercourse on which the lots shown on the plan of subdivision abut, and
(iii) the subdivider provides an easement for right-of-way and access, clearly granted by deed registered in the Registry of Deeds for the County of Inverness having minimum width of 15 metres (49.2 feet) extending from a public street or highway or a private road to the parking area and to the shoreline of the navigable watercourse where there exists suitable boat launching facilities, and
(iv) the parking area and the boat launching facilities are clearly identified on the final plan of subdivision.
24. Notwithstanding Section 22, where an area of land contains more than one main building which were built or placed prior to August 6, 1984 the Development Officer may approve a final plan of subdivision showing the same number or fewer of lots as there are main buildings and a remainder lot, if any for which no approval is requested, provided that:
(a) each proposed lot:
(i) has a minimum lot frontage of 6 metres (19.7 feet), or
(ii) notwithstanding Section 21, is served by a right-of-way easement as defined in subsection 3(fa), and
(b) each proposed lot:
(i) is served by a central sewage system and meets the lot area requirements contained in Schedule "C" of this By-law, or
(ii) is approved by the Department of Health for the installation of an on-site sewage disposal system and the Development Officer is notified in writing of such approval, and
(c) the remainder lot, if any, meets the lot area and lot frontage requirements contained in Schedule "C" of this Bylaw.
25. (1) Notwithstanding Sections 22 and 28, the Development Officer may approve a final plan of subdivision increasing the size of an existing area of land provided that:
(2) The final plan of subdivision prepared pursuant to subsection (1) shall
(a) be certified and stamped by a Nova Scotia Land Surveyor that the boundaries of the parcel proposed to be added to the existing area of land have been surveyed, shown as a heavy solid line, except the common boundary between the existing lots is surveyed and certified as being the common boundary shown as a heavy broken line, and
(b) notwithstanding clauses 18(1)(b), 18(2)(d), and (1), other than the new boundaries which have been surveyed pursuant to clause (a), show the remaining boundaries of the resulting lot for which approval is requested are described graphically shown as a lighter solid line, and
(c) have the following notation affixed to the plan adjacent to the certification required by the Nova Scotia Land Surveyors Act and Regulations made thereunder, and such notation is signed by the surveyor:
"NOTE: The only boundaries shown on this plan which have been surveyed are the boundaries of Parcel . The common boundary between existing Lots and which is shown by a heavy broken line is hereby certified as having been the common boundary.
26. (1) Notwithstanding the lot frontage requirements contained in Section 22, the Development Officer may approve a final plan of subdivision showing the subdivision of an existing area of land into two lots only, or one lot and a remainder lot for which no approval is requested, provided that each proposed lot and the remainder lot, if any:
(a) (i) has minimum lot frontage of 6 metres (19.7 feet), or
(ii) notwithstanding Section 21, is served by a right-of-way easement as defined in subsection 3(fa), and
28. All lots to be approved on a tentative or final plan of subdivision shall have a minimum width and minimum depth of at least 6 metres (19.7 feet).
29. There shall not be more than four public street or highway or private road approaches in an intersection.
30. Where a public street or highway or private road in an adjoining subdivision abuts the boundaries of a plan of subdivision submitted for approval, a public street or highway or private road in the latter shall, if reasonably feasible, be laid out in prolongation of such public streets or highways or private roads, unless it would be in violation of this Bylaw.
31. Wherever possible, side lot lines shall be substantially at right angles to a public street or highway or private road, or radial to a curved public street or highway or private road.
32. Wherever possible, the rear lot lines of a series of adjoining lots shall be continuous, not stepped or jogged.
(2) The application to amend shall refer to the plan of subdivision as originally endorsed or drawn and such reference shall include the file number of the earlier subdivision plan filed at the office of the Registrar of Deeds for this municipality.
PART 11: REQUIREMENTS FOR ENDORSEMENT AND FILING OF FINAL PLANS OF SUBDIVISION
34. (1) When the requirements of the Planning Act, this Bylaw and the Regulations Respecting Subdivision of Land to be Serviced by On-Site Sewage Disposal Systems pursuant to the Health Act have been met and the final plan of subdivision has been approved by the Development Officer, approval shall be endorsed on the final plan of subdivision by the Development Officer.
(2) The Development Officer shall forward a copy of the endorsed final plan of subdivision to the subdivider.
(3) Pursuant to and in addition to Section 100(5) of the Planning Act, hereto attached as Appendix "A", the Development Officer shall give notice of the endorsement of approval on the final plan of subdivision to:
(f) any other department or agency of the Province or the Municipality who has been requested to review the final plan of subdivision.
35. The following information shall be written or stamped on any final plan of subdivision which is endorsed:
(a) "This final plan of subdivision is approved for lots ";
(b) the classification of each lot within one of the classes A, B, C or D, including the definition of such class, specified in Schedule "A" to the Regulations Respecting Subdivision of Land to be Serviced by On-Site Sewage Disposal Systems or "Lots are serviced with a central sewer";
".
".
36. Pursuant to Section 100(2) of the Planning Act, hereto attached as Appendix "A", the Development Officer shall forward by certified mail or hand deliver one endorsed copy of the final plan of subdivision to the office of the Registrar of Deeds for the registration district in which the land is located and pay the fees required under Part 12 of this By-law to file the final plan.
PART 12: FEES FOR THE FILING A FINAL PLAN OF SUBDIVISION
37. (1) The subdivider shall pay the fees contained in the Costs and Fees Act, R.S.N.S., 1967, c.63, for filing the endorsed final plan of subdivision and certification of a copy of such plan.
(2) The fee referred to in subsection (1) shall be paid at the time of application for approval of the final plan of subdivision by cheque or money order made payable to the Registry of Deeds.
(3) Where the final plan of subdivision does not receive endorsement of approval by the Development Officer, the subdivider shall be entitled to the return of the cheque or money order referred to in subsection (2).
SCHEDULE "A" -APPLICATION FOR THE APPROVAL OF A PLAN OF SUBDIVISION
| FOR OFFICE USE ONLY
File No. | ||
| SUBDIVIDER
RELATED INFORMATION |
Owner's Name:
Owner's Address:
Postal Code: Phone No. Subdivision Name (if different from owner): Plans to be Returned to: Correspondence to be Directed to: | |
| LAND TO BE
SUBDIVIDED |
Location: Municipality/Town:
Type of Application: Preliminary(Optional) Tentative For Lots: Final Type of Development Proposed: Single Family Residential: Other(please specify): Plan Prepared by: Date: Plan Certified by: Date: | |
| WATER SERVICES: Existing Proposed
Dug Well Drilled Well Municipal System Other(please specify) |
SEWER SERVICES: Existing
Proposed
On-Site Municipal System Other(please specify) | |
| Signature of Subdivider: Date:
(Subdivider means the owner or owners of the area of land proposed to be subdivided and includes anyone acting with his/her written consent.) | ||
| FOR OFFICE
USE ONLY |
APPLICATION RECEIVED: Date: Initial:
APPLICATION COMPLETE: Date: Initial: Application Dept.of Health Committee and Plans Dept.of Transportation of Forwarded To: Public Works Dept. Streets Signature: Date: | |
SCHEDULE "B"
RIGHTS-OF-WAY INDEXED IN ACCORDANCE WITH SECTION 21A
RIGHT-OF-WAY LENGTH
SCHEDULE "C"
| TYPE | MINIMUM
LOT AREA |
MINIMUM LOT
FRONTAGE |
| Lots or parcels not serviced by central water and sewer services. | 1858 metres square
(20,000 square feet) |
30 metres (98.42 feet) |
NOTE I: A LOT OF THIS TYPE, ANY PART OF WHICH IS WITHIN 22 METRES (72.17 FEET) OF A WATERCOURSE REQUIRES A MINIMUM AREA OF 3,716 METRES SQUARE (40,000 square feet) AND A MINIMUM WIDTH OF 45 METERS (147.63 feet).
NOTE: II: SMALLER AREA AND WIDTH MAY BE DEEMED ADEQUATE BY AN AUTHORIZED PERSON OF THE DEPARTMENT OF HEALTH.
| Lots or parcels serviced only by a central water system. | 1100 metres square (11,840.6 square feet) | 30 metres (98.42 feet) |
NOTE I: A LOT OF THIS TYPE, ANY PART OF WHICH IS WITHIN 22 METRES (72.17 FEET) OF A WATERCOURSE REQUIRES A MINIMUM AREA OF 3,716 METRES SQUARE (40,000 square feet) AND A MINIMUM WIDTH OF 45 METERS (147.63 feet).
NOTE II: SMALLER AREA AND WIDTH MAY BE DEEMED ADEQUATE BY AN AUTHORIZED PERSON OF THE DEPARTMENT OF HEALTH.
| Lots or parcels serviced only by a central sewer service. | 929 metres square
(10,000 square feet) |
22 metres (72.17 feet) |
| Lots or parcels serviced with both central water and sewer services. | 465 metres square
(5,005.38 square feet) |
15 metres (49.21 feet) |
APPENDIX "A"
This Appendix contains Sections 88 to 103 inclusive of the Planning Act, Chapter 9, Statutes of Nova Scotia, 1983 dealing with the subdivision of land. The Appendix is contained in the regulations for convenience only. For accurate reference, recourse should be had to the official volumes.
88 (1) The Minister shall prescribe provincial regulations for the subdivision of land.
(a) procedure for the approval of tentative plans of subdivision including the form of application for approval;
(b) requirements for approval of tentative plans;
(c) procedure for the approval of final plans of subdivision including the form of application for approval;
(d) requirements for approval and registration of plans of subdivision;
(e) fees to be charged for the registration of final plans;
(f) referral of plans of subdivision to the Department of Health under the Health Act;
(g) referral of plans of subdivision to the Department of Transportation for approval pursuant to Section 99; and
(h) requirements for the right of way, alignment and gradients of proposed streets or roads, whether or not they are to be owned or maintained by the Province, an incorporated town or a city, and provided that the town or city does not have requirements applicable to the streets or roads.
(3) Provincial subdivision regulations may include
(a) waivers from compliance with certain requirements of regulations enacted pursuant to subsection (2);
(b) reasonable fees to be charged for the processing by a provincial development officer of plans of subdivision;
(c) minimum lot sizes and minimum lot frontages which apply where no applicable land-use by-law deals with these matters;
(d) referral of a plan of subdivision to any other department or agency of the Province or of a municipality;
(e) provisions for the limitation of the number of lots that can be subdivided from an area of land where the lots are not on a street or road owned or maintained by the Province, a city or a town;
(f) notwithstanding clause (r) of Section 3, defining "subdivision" to men, for the purposes of this Act and any regulations thereunder, the division of any area of land into four or more parcels;
(g) any other matter necessary to carry out the intent of a provincial land-use policy with respect to the subdivision of land.
(4) Provincial subdivision regulations may apply to all or part of the Province and there may be different regulations for different parts of the Province.
(5) The provincial subdivision regulations shall be administered by such provincial development officers as the Minister may designate.
(a) give written notice of his/her intention to each council affected by the proposed regulation, and seek the comments of each council; and
(b) give public notice of his/her intention by advertisement in a newspaper circulating in the area affected, which notice shall state where the proposed regulations may be inspected and invite written comments.
(2) Where at the date of the coming into force of this Section there are in respect of any part of the Province subdivision regulations but not subdivision by-law in force, subsection (1) does not apply to a regulation made pursuant to clause (f) of subsection (3) of Section 88.
90 (1) Where provincial subdivision regulations are in effect, a municipality may adopt a subdivision by-law, which shall not be inconsistent with the subdivision regulations which apply to the municipality at the date of adoption of the by-law.
(2) When a subdivision by-law comes into effect
(a) the provincial subdivision regulations shall no longer apply to the municipality; and
(b) notwithstanding subsection (1) and notwithstanding that the provincial subdivision regulations have defined subdivision, subdivision shall have the meaning given to it in Section 3.
(3) A subdivision by-law shall apply to the entire municipality, but there may be different requirements for different parts of the municipality.
(4) Before adopting or amending a subdivision by-law, the council shall follow the procedure for amendments of a land-use by-law, and Section 42 applies mutatis mutandis to the amendment.
(5) A subdivision by-law and any amendment thereto comes into effect on, and not before, approval by the Minister.
91 (1) Subject to subsection (2) of Section 90, a subdivision by-law shall include any requirements of provincial subdivision regulations applicable to the municipality, but these requirements may be waived or varied where
(a) the municipality adopts a more stringent requirement; or
(b) the requirements are dealt with in a municipal planning strategy or land-use by-law.
(2) Subject to subsection (1), a subdivision by-law may
(a) where not dealt with in a land-use by-law, require areas to be reserved for public purposes;
(b) where not deal with in a land-use by-law, regulate the minimum lot frontages and building lines, and the size and shape of blocks and lots;
(c) in the case of a city or incorporated town, set standards and requirements regarding the construction, width, gradients and location of streets and roads, and the widening and modifying of existing streets and roads;
(d) set standards and requirements regarding the construction and installation of water services, sanitary or storm sewers, and other services and utilities;
(e) require the transfer to the municipality of useable land or payment of cash in lieu of equivalent value for park, playground and similar public purposes, provided that the land required to be transferred does not exceed five per cent of the area shown on the final plan of subdivision;
(f) where the municipal planning strategy so provides, limit the number of lots that may be subdivided from an area of land in a calendar year;
(g) provide for waivers from compliance with certain requirements of the by-law.
(3) A subdivision by-law may require a subdivider before approval is endorsed on a final plan of subdivision
(a) to install water, sewer and other services;
(b) to construct, lay out, grade and pave, or any of them, any proposed street in the subdivision,
or, in the alternative to clauses (a) and (b),
(c) to enter into a bond or other security satisfactory to the council to install and provide the streets, sewer, water and other services to the standards set out in the by-law;
(d) to provide a bond or other security for the maintenance of the installations, for a maximum period of one year from the date of installation.
(4) A subdivision by-law may prescribe a schedule of reasonable fees to be paid by the applicant for the review and approval of a plan of subdivision.
92 (1) A council may accept, under clause (e) of subsection (2) of Section 91, a combination of land and cash in lieu of land equal to the amount of the transfer required.
(2) The size of an open-space transfer required by a subdivision by-law shall be calculated on the basis of the area shown in the final plan of subdivision, excluding streets, roads and the residue of land owned by the subdivider.
(3) The amount of the cash in lieu of the open-space transfers shall be calculated on the assessed value of the new lots created, excluding streets, roads and the residue of land owned by the subdivider.
(5) A subdivider may, in lieu of complying with a by-law made pursuant to clause (e) of subsection (2) of Section 91, offer to the council, and the council may accept, an area of land of equivalent value outside the area being subdivided and within the boundaries of the municipality.
93 (1) For greater certainty, this Act also applies to
(a) a partition of land pursuant to the Partition Act or the Probate Act; and
(b) a division of land resulting from a sale of land for taxes pursuant to the Assessment Act.
(2) Notwithstanding subsection (1), this Act does not apply to
(a) a division of land resulting from a devise of real property by a testamentary instrument;
(b) a division of land resulting from an expropriation;
(c) a division of land resulting from an acquisition of real property by any means whatsoever by Her Majesty in the right of the Province or by any agency thereof;
(d) a division of a cemetery into burial lots;
(e) a division of land resulting from an acquisition or disposal of real property by a municipality where the instrument creating the division expressly and bona fide states therein that the acquisition or disposal is for the purpose of altering the boundaries of an existing or creating a new public street or walkway;
(f) a division of land resulting from a lease of real property for, directly or by entitlement to renewal, a term of twenty years or less;
(g) a subdivision in respect of the creation of any parcel in excess of twenty-five acres in area; or
(h) a division of land where there is no provincial subdivision regulations or subdivision by-law of a municipality in force in respect of that land at the time of the division.
(3) Where an affidavit of the person making a transfer purports to verify that the transfer relates to a parcel in excess of twenty-five acres in area, the parcel is deemed to come within the exemption contained in clause (g) of subsection (2).
(2) Where the Minister proceeds pursuant to subsection (1), he/she shall
(a) advise the council of the particulars of the conflict; and
(b) request the council to submit proposals for resolution of the conflict within such number of days, not less than ninety, as the Minister determines.
(3) Where the council fails to respond to the notification of the Minister under subsection (2) or where, after consultation with the council, the Minister and the council cannot agree on a method to resolve the conflict, the Minister may direct the council to amend its subdivision by-law in the manner prescribed by the Minister.
(4) Where the council does not amend its subdivision by-law as directed, the Minister may amend it.
95 (1) A council shall appoint a municipal development officer to administer its subdivision by-law and to approve plans of subdivision and endorse final plans of subdivision and file them in the office of the appropriate registrar of deeds.
(2) Where a municipality participates in a commission, the council may appoint a development officer in the employ of the commission to be the municipal development officer.
(3) A council may from time to time authorize any other person to act in the municipal development officer's stead.
96 (1) An application for approval of a plan of subdivision shall be made to the development officer.
(2) Within fifteen days of receiving an application pursuant to subsection (1), the development officer shall inform the applicant whether his/her application is complete.
(3) Within thirty days of receiving a completed application, the development officer shall
(ii) has received all approvals, if any, of departments or agencies of the Province or of the municipality or an agency thereof in addition to those set out in the regulations or by-law, as the case may be;
(2) Where the approval of a plan of subdivision by a department or agency of the Province is required by an enactment, a plan prepared pursuant to subsection (1) shall also be subject to those approvals.
(2) No approval shall be granted pursuant to subsection (1) where the lot frontage or lot area is required by the Province.
(3) No approval shall be granted where the difficulty experienced is general to the properties in the area or results from the intentional disregard of the requirements of the subdivision by-law or the land-use by-law.
99 Unless a provincial subdivision regulation otherwise provides or did so provide prior to the adoption of a subdivision by-law, no plan of subdivision in a rural municipality shall be approved until the Minister of Transportation or an official in his/her department, nominated by him/her for the purpose, has approved
(a) all public streets and roads shown on the plan of subdivision, or part thereof to be approved, or on which lots on the plan of subdivision, or part thereof to be approved, abut; and
(b) the right-of-way, alignment and gradients of all proposed streets and roads that are not to be owned and maintained by the Province.
(2) A development officer shall endorse his/her approval on a final plan of subdivision and the final plan of subdivision in the office of the registrar of deeds for the registration district in which land is located, within thirty days after having been endorsed with his/her approval, unless the applicant has failed to comply with the subdivision regulations or subdivision by-law.
(3) The endorsement of approval on a plan of subdivision by the development officer shall indicate
(a) what other approvals have been granted or refused pursuant to any other enactment by other departments or agencies of the Province; and
(b) which streets and roads, if any, shown on the plan are to be owned and maintained by the Province.
(4) Where pursuant to subsection (4) of Section 96 there is a deemed approval by a department or agency of the Province of a final plan of subdivision, the endorsement of the development officer pursuant to subsection (3) shall indicate that the approval of the department or agency is a deemed approval pursuant to subsection (4) of Section 96.
(5) A provincial development officer shall give notice of the endorsement of approval on a final plan of subdivision to the council of the municipality in which the land which is the subject of the plan is located and to the Director within two days of the endorsement.
(6) When a final plan of subdivision has been approved, an applicant may lay out and construct streets, blocks, lots and land for public purposes, and any other services or utilities required, in such phases as may be agreed upon at the time of approval of the final plan and before endorsement of approval on the final plan.
101 (1) No subdivision of land take effect except upon a plan of subdivision endorsed in accordance with Section 100 being filed in the office of the registrar of deeds for the registration district in which the subdivision is situate.
(2) No deed, mortgage, lease or other instrument which would result in the subdivision of land has effect until subsection (1) is complied with.
102 (1) Where a final plan of subdivision has had approval endorsed thereon in accordance with this Act, the former Planning Act or a former Town Planning Act, it may be amended or repealed upon the application of the owner or the initiative of the council, where the council has a subdivision by-law in effect.
(2) The provisions of this Act with respect to the approval of a plan of subdivision apply to its amendment or repeal.
(3) Notwithstanding subsection (2), where the amendment or repeal of a plan of subdivision is being initiated by the council, the council shall cause
(a) thirty days notice to be given to the owner either by personal service or registered mail;
(b) a notice to be published in a newspaper published or circulating in the area affected at least once a week for two successive weeks, the first of such notices to be published at least three clear weeks before the date fixed for the hearing, at the time and place which interested persons will be heard.
(4) Except as provided in subsection (3), no amendment of a plan of subdivision may be made without the consent in writing of the owner of the land.
(5) An amendment of a plan of subdivision does not affect the ownership of the land.
(6) An amendment to a plan of subdivision shall be approved and filed in the office of the registrar of deeds in the same manner as required for an original plan of subdivision, notwithstanding that the original plan was not approved and filed under this Act, and any original plan which is subject to amendment by this Section shall also be filed.
(7) No deed, mortgage, lease or other instrument which would result in the subdivision of land in accordance with an amending plan of subdivision has effect until subsection (6) is complied with.
(8) Where a deed, mortgage, lease or other instrument has been made which results in the subdivision of land in accordance with a plan of subdivision duly approved and filed in the office of the registrar of deeds, the amendment of that plan shall not restrict the right to the owner, mortgagee, lessee or other holder to execute other deeds, mortgages, leases or instruments in which property is described as in the deed, mortgage, lease or other instrument first herein mentioned.
103 (1) Where a development officer refuses to approve a plan of subdivision, the applicant therefor may appeal the decision to the Board.
(2) An appeal pursuant to subsection (1) shall be taken within fifteen days after the written decision of the development officer is served on the applicant.
(3) In considering an appeal pursuant to this Section, the Board shall determine whether the proposed plan of subdivision complies with the subdivision regulations or subdivision by-law, as the case may be.
(4) The Board shall
BY-LAW 28
MUNICIPAL LAND TRANSFER TAX
MUNICIPALITY OF THE COUNTY OF INVERNESS
BE IT RESOLVED by the Council of the Municipality of the County of Inverness that:
PURSUANT to Section 102(1) of the Municipal Government Act, the Municipality of the County of Inverness enacts the following Deed Transfer Tax By-Law.
DEED TRANSFER TAX BY-LAW #28
1. This By-Law is entitled the "Deed Transfer Tax By-Law".
2. A Deed Transfer Tax applies in the Municipality of the County of Inverness.
3. The rate of Deed Transfer Tax in the Municipality of the County of Inverness is 1.5% of the value of the property transferred effective January 1, 2007.
4. The Registrar of Deeds shall be the agent and collector of the Deed Transfer Tax for the Municipality of the County of Inverness in accordance with the agreement to that effect between the Municipality of County of Inverness and the Minister of Service Nova Scotia and Municipal Relations.
5. The former Municipal Land Transfer Tax By-Law #28 of the Municipality of the County of Inverness passed and adopted by Council on the 15th day of November, 1994 and approved by the Minister of Municipal Affairs on the 9th day of December, 1994, is repealed and this By-Law is substituted in its place.
6. This Bylaw shall come into effect on January l, 2007.
| THIS IS TO CERTIFY that the bylaw, of which this is a true copy, was duly passed at a duly called meeting of the Municipal Council of the Municipality of the County of Inverness duly held on the 6th day of November A.D., 2006. GIVEN under the hand of the Municipal Clerk and under the Corporate Seal of the said Municipality this 6th day of November A.D., 2006. |
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Clerk Date of Second Reading: November 6, 2006 Date of Advertisement of Passage of By-law: November 22, 2006 Date of Mailing to Minister a Certified Copy |
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BY-LAW 29
CHIEF ADMINISTRATIVE OFFICER BY-LAW
* Approved Dec. 9/94
1. This by-law shall be known as and may be cited as the "Chief Administrative Officer By-law."
2. The Chief Administrative Officer, as appointed under this By-law, shall be known as the "Chief Administrator".
7. The Chief Administrator, through the appropriate Department Head, may use the services of any municipal employee to assist in the performance of the duties specified in this by-law.
(e) when the Chief Administrator or Council deems it necessary make recommendations to Council with respect to any matter and those recommendations may be recorded as part of the proceedings as appropriate under the circumstances;
(g) act as bargaining agent for the Municipality of the County of Inverness in the negotiation of contracts between the Municipality of the County of Inverness and trade unions and employee associations and recommend such contracts to Council and, in general, be responsible for wages and salary recommendations to Council concerning all Municipal staff;
(i) present to council for its consideration, recommendations of department heads pertaining to any aspect of internal operation and any draft resolutions or bylaws to give effect to such recommendations accompanied by appropriate commentary from the chief administrative officer";
(j) be responsible for preparing the annual budget, submit it to Council and be responsible for its administration after adoption;
(k) make or authorize the making of budgeted or emergency unbudgeted expenditures for the purchase of equipment, supplies or other items required for the carrying on of business or operations of the Municipality, and enter into contracts therefor on behalf of the Municipality where the expenditure does not exceed in any one case the sum of one thousand dollars ($1,000.) and the expenditure shall be reported to and ratified by the council at the next general meeting;
(l) make recommendations to Council respecting any unbudgeted expenditure, for any purpose, in excess of One Thousand Dollars ($1,000), and respecting any contract involved therein;
(n) co-ordinate and direct the preparation of plans and programs to be submitted to Council for the construction, rehabilitation and maintenance of all municipal property and facilities;
(o) carry out such additional duties and exercise such additional responsibilities as Council may assign from time to time;
9. The duties and responsibilities as set forth in this By-Law shall in no way be deemed to empower the Chief Administrator to have, perform, do or direct any act or matter that would to any extent whatsoever, encroach upon the administrative powers that are reserved to the council by statute or the legislative powers of the Municipal Council.
10. (a) In the event of the temporary absence or disability of the Chief Administrator, the Chief Administrator may designate by letter to be filed with the Warden, a Department Head or Officer to perform the duties of Chief Administrator during that absence;
(b) if the absence or disability of the Chief Administrator will exceed three weeks, or if the designation noted in subsection 10 (a) is not made, the Council shall appoint a department head or officer to perform the duties of the Chief Administrator until the Chief Administrator returns.
MUNICIPALITY OF THE COUNTY OF INVERNESS
BY-LAW 30
CAPITAL COST OF SEWER & WATER CONSTRUCTION
1. In this by-law, unless the context specifically indicated otherwise:
(a) "Council" shall mean the council of the Municipality of Inverness.
(b) "Street" when referred to in this by-law means a public right-way to which the public has access at all times and includes highway, road, avenue and land.
(c) "County" means the County of Inverness.
(d) "Clerk" means the Clerk-Treasurer of the Municipality of the County of Inverness.
2. (a) Whenever the majority of the owners of property or any designated portion thereof shall petition the Council for the construction of a public sewer or water system or drain and shall leave with the Municipal Clerk the amount chargeable according to the provisions of the by-law to each owner whose signature is on the petition, then the Council may order the same to be constructed.
(b) Every petition for a public sewer or water system shall be in the form in Appendix "A" to this by-law, or to the like effect and every petition shall clearly state the locality in which the new sewer is required, the points between which the petitioners are desirous of having the same constructed the distance in feet between such points, the names of the street and the frontage of each property chargeable under the provisions of this by-law, and all such names and measurements shall be properly taken by some competent person who shall certify to the correctness of the same.
(c) Such petition shall be accompanied by the sum of $25.00 from each owner signing the aforesaid petition.
(e) In the event that the Council does not order the construction of any sewer or water system for which a petition has been made and submitted, the Municipal Clerk shall refund to each respective owner whose signature is upon the petition the amount that has been paid to the Municipal Clerk by or for such owner as required by these by-laws.
3. Notwithstanding the provisions of Section 2 of this by-law when the Council deems it necessary that a sewer or water system be constructed in any street or any portion thereof within the Municipality, the Council may order by resolution and without the authorization of any petition of the owners such sewer or water systems to be constructed and all the provisions of the by-laws relating to and regulating the use of public sewers or water systems in force of the county be and are hereby made applicable to any sewer or water system constructed by virtue of such resolution.
4. The Council may by resolution order the repair or improvement of a sewer or water system existing in any street whenever the same shall be considered necessary or desirable, and to lay out, excavate, and complete new drains or sewer or water system in any street of the Municipality and perform any other work necessary to be done in connection therewith.
5. The cost incurred in installing, laying or constructing any sewer or water system and the building service connecting laterals to the boundary sideline of the right-of-way shall be paid by the owners of the properties fronting on the street in proportion to the length of frontage of each property.
6. (a) Prior to determining the final cost of constructing a sewer or water system the Municipality may issue an interim bill to cover a portion of the cost.
(b) When it is determined that the cost or a portion of the cost of installing laying or constructing any sewer or water system in any street shall be paid by the owners of the properties fronting on such street the cost of constructing any such sewer or water system shall be borne and paid in the following manner:
Each owner of real estate situate on either side of such street shall pay the Municipality of the County of Inverness a sum not to exceed thirty dollars ($30) for each and every lineal foot of the owner = s property fronting thereon which amount will be set by the Council by-law. The remaining expense shall be paid by the Municipality.
The following properties shall be chargeable as above and assessed for the construction of sewer and water system:
FIRST: All properties lying on either side of such street, through which a new sewer or water system is to pass and opposite to the sewer and water system:
SECOND: All properties situate at or near the upper end or termination of such proposed sewer or water system shall pay the same price as if the sewer or water were to pass in front of such properties for their entire length provided that in no case shall any such property be assessed for a greater length of frontage than seventy-five feet beyond the termination of the sewer or water, measured along the side line of the street from a point directly opposite to the end of the sewer or water.
THIRD: Any property which is situated at the intersection or junction of two or more streets shall be liable to a total special tax under the above provision not to exceed the tax calculated on one-half of the total frontage of the streets.
FOURTH: Any property not having frontage on a street that is serviced by the sewer or water system shall pay the equivalent of a property with 100 feet of street frontage.
7. The Municipal Engineer shall keep an account on the cost of such work and on its completion shall file in the office of the Municipal Clerk:
(a) a certificate of the cost of the work, the amount to be paid by the Municipality pursuant to the total lineal frontage and the cost per foot to be paid by abutters;
(b) a statement of the lineal frontage of each property with the name of the owner thereof.
8. The Municipal Clerk from the certificate and statement filed by the Engineer shall determine the amount of charge or tax to be assessed and levied upon and paid by the respective owners of properties fronting on the street upon which the sewer or water system has been constructed.
9. (1) Such charge or tax shall be due and payable on the day when the bill therefore is mailed by ordinary mail to the person liable, and at the option of the respective persons liable may be paid in either of the following ways:
(a) a lump sum payment in the year in which the charge or tax is assessed
or,
(b) by equal annual payments, each payable on the anniversary of the date on which the amount becomes due and payable, extended over the period of twenty years, with interest payable thereon annually at the rate of ten (10) per cent per annum with power however to prepay the whole or any part of the amount remaining at any time without notice and provided that if default is made in the payment of any annual payment or interest or both when it falls due then the whole balance immediately becomes due and payable without notice on demand.
(2) The owner shall within on month after receiving his/her bill notify the Municipal Clerk in writing which option he has selected under sub-section (1) and in the event of his/her failure to do so shall be deemed to have selected that provided by clause (b) thereof.
10. (1) Not withstanding the provisions of sections 5,6,7,8 and 9 in addition to the tax imposed by section 5,6,7,8 and 9 where a public sewer or water system is built for or has been built a special trunk tax is hereby levied upon the owner of every unit served or capable of being served by the sewer or water.
(2) The amount of this special trunk tax shall be an amount not to exceed three thousand dollars, to be determined by by-law.
(3) Any real property fronting on a street which has not been sub-divided but which is capable of being subdivided shall be deemed to be sub-divided into the maximum number of lots fronting on the street permissable under the subdivision regulations for the purpose of the special trunk sewer tax imposed by this section.
(4) Units are assigned to properties as follows:
Single family dwelling - 1 (one) unit
Motel - 1/5 (one fifth) unit per rental room
Duplex - 2 (two) units
Multiple Family Dwelling - 2 (one half) unit per dwelling
Apartment Building - 2 (one half) unit per apartment
Retail Outlet - 1 (one) unit
Vacant lot capable of being
created through subdivision - 1 (one) unit
11. Every charge or rate of tax imposed under the provisions of this By-Law shall form a lien and charge upon the lands in respect of which it is payable in the same manner and with the same effect as rates and taxes under the Assessment Act and shall have priority over every grant, deed, lease, or other conveyance, and over every judgement, mortgage, or other lien or encumbrance whatsoever affecting the property or the title thereto.
12. All such charges, or rates, if remaining unpaid when due and interest thereon may be sued for and collected in the name of the Municipality and in the same way as (and shall for the purposed of collection be deemed part of) the ordinary rates and taxes under the Assessment Act, provided however, that in the event of such property liable as aforesaid being sold for taxes, the Clerk shall deduct form the proceeds of such sale the full amount for which property is liable for such rates or charges, together with the interest thereon, although the whole may not have then become due and payable hereunder.
14. (a) With respect to all property owners liable for payment of frontage rates, or trunk sewer tax under the provisions of this By-Lay, in the area served by the Port Hood sewer system, the frontage rate is hereby set at $3.00 per lineal foot and the trunk sewer tax is hereby set at $300.00.
(b) In the area served by the Inverness sewer system, the frontage rate is hereby set at $3.25 per lineal foot and the Trunk Sewer Tax is hereby set at $325.00.
8 ) In the area served by the Cheticamp Sewer System, the footage rate is hereby set at $5.77 per lineal foot and the Trunk Sewer Tax is hereby set at $577.00.
(d) In the area served by the Mabou Sewer System, the frontage rate is hereby set at $5.75 per lineal foot and the Trunk Sewer Tax is hereby set at $575.00.
(e) In the area served by the Judique Sewer system the frontage rate is hereby set at $6.00 per lineal foot and the Trunk Sewer Tax is hereby set at $600.00.
(f) In the area served by the Whycocomagh Sewer and Water System,
the frontage rate is hereby set at $22.00 per lineal foot and the Trunk Sewer Tax is hereby set at $2,200.00.
(g) In the area served by the Davis Drive/Hilltop Estates Subdivision at Port Hastings, the Trunk Sewer Tax is hereby set at $500.00 per lot.
(h) In the area served by the Port Hood Water and Sewer, the Trunk Sewer Tax is hereby set at $810. per lot.
(i) In the area served by the Inverness Sewer System, the Trunk Sewer Tax is hereby set at $286.00 per lot.
(j) In the area served by the Port Hastings Sewer and Water System, the frontage rate is hereby set at $10.40 per lineal foot for sewer and $7.43 per lineal foot for water; and the Trunk Sewer Tax is hereby set at $1,222.97 per unit; and the Trunk Water Tax is hereby set at $570.80 per unit.
15. Where the size, dimensions or topography of a property or part thereof are as such that a building or structure cannot be serviced, the property or portion thereof shall not be subject to any sewer or water charge imposed under this By-Law.
USE OF SEWER
1. No person shall injure, break, or remove any portion of the public sewer system or its appurtenances.
2. No person shall permit any open gutter, cesspool, privy vault, cellar underground drain or exhaust pipe from any machine or engine to be connected with any public sewer.
3. No person shall throw or deposit or cause to be thrown or deposited in any sewer opening or receptacle connected with the sewer system any un-shredded garbage, offal, dead animal, bones, vegetable matter or thing except feces, urine, the necessary water closet paper and liquid house slops.
4. No person shall throw or deposit or cause to be thrown or deposited in any sewer opening or receptacle connected with the sewer system any animal, vegetable or mineral fat, oil, grease or lubricant whether the same is liquid, solid, or a mixture of both liquid and solid.
5. Any person shall be permitted to dispose of properly shredded garbage or vegetable parings which are the wastes from the preparation, cooking and dispensing of food and from handling, storage and sale of produce which garbage and vegetable parings must be shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in sewers, with no particles greater than one-half inch in any dimension.
6. (a) Whenever the County Engineer or Committee responsible for sewers considers it necessary, any person who is the owner of land which is used for industrial or commercial purposes and which is connected to a public sewer may be required to provide grease, oil and sand interceptors in order to provide for the proper handling of liquid wastes containing grease in excessive amounts, or any inflammable wastes, and sand or other harmful wastes, sand or ingredients.
(b) All interceptors shall be of a type and capacity approved by the County Engineer or committee responsible for sewers and shall be located so as to be readily and easily accessible for cleaning and inspection.
8 ) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and shall be of substantial construction, water-tight and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight.
7. The County Engineer or Committee responsible for sewers shall have the power to stop and prevent from discharging into the sewer system any private sewer or drain through which substances are discharged which are likely to injure the sewers or obstruct the flow of the sewage or through which substances are discharged in contravention to this by-law.
8. No person shall permit any pipe carrying sewage or surface water to discharge into any open trench.
9. No person shall discharge or cause to be discharged or permit to be discharged any contents of any septic tank or cesspit into any public sewer.
10. Any person who violates any provision of this by-law shall be guilty of an offence and liable upon conviction to a penalty not exceeding one hundred dollars ($100.00) and in default of payment thereof, to be imprisoned for a term not exceeding sixty (60) days.
.
BY-LAW 31
COMMITTEE-OF-THE-WHOLE BY-LAW
1. This By-law shall be known as and may be cited as the "Committee-of-the-Whole By-Law".
2. The Council hereby establishes a Committee-of-the-Whole, consisting of all the councillors, to meet at least once a month and at least one week prior to the regular Council meeting.
3. The Committee-of-the-Whole will be responsible for all matters which would be of concern to the Municipal Council.
4. Meetings of the Committee-of-the-Whole shall be open to the public, unless the Committee otherwise determines.
5. Staff reports, from Department Heads and Officers of the Municipality, shall be presented to the Committee-of-the-Whole by the Chief Administrator.
6. The Committee-of-the-Whole will meet for the purposes of discussion and possible recommendation to Council and no formal decisions will be made when the councillors are meeting as Committee-of-the-Whole.
7. Committee-of-the-Whole may, in its discretion, decide not to refer to a staff recommendation to Council if the Committee feels that recommendation would not be appropriate at that time.
8. The Warden shall act as chairman and president officer at the meetings of the Committee-of-the-Whole.
9. The Clerk shall keep minutes of the discussion and recommendations of the Committee-of-the-Whole as is appropriate in the circumstances.
BY-LAW 32
EMERGENCY MEASURES BY-LAW
AND WHEREAS the Government of Nova Scotia accordingly has deemed it desirable to cooperate with the Government of Canada in carrying out in respect of Nova Scotia its responsibility for the security, defence, peace, order and welfare of Canada in the event of real or apprehended war, invasion or insurrection, and as a consequence, has established a branch of government known as the Emergency Measures Organization, and is making provision for the continued functioning of civil government and government services in Nova Scotia in the event of an emergency caused by a real or apprehended war, invasion or insurrection or by natural causes;
AND WHEREAS Chapter 87 of the Revised Statutes of Nova Scotia 1967, provides that municipalities may establish a civil defence organization, and indicates the actions which may be taken by one or more municipalities to further civil emergency planning;
AND WHEREAS it is deemed expedient to establish an Emergency Measures organization as a branch of municipal government to serve the Municipality of the County of Inverness;
THEREFORE the Council of the Municipality of the County of Inverness enacts as follows:
1. An Emergency Measures Organization is hereby established to be known as the Municipality of the County of Inverness Emergency Measures Organization hereinafter referred to as Municipal Emergency Measures Organization.
2. The purposes and objects of the Municipal Emergency Measures Organization with the cooperation of the provincial Emergency Measures Organization are as follows:
(a) to plan for the continuity of the physical operation of government of the Municipal unit and to establish plans for the cooperation and mutual assistance between municipal governments in the event of a civil disaster or war emergency.
(b) to coordinate the emergency plans of the municipal unit for departments and services having immediate responsibilities in the event of a Civil disaster or war emergency, and to prepare plans for public survival.
(f) to carry out other similar work within the geographical area encompassed by the municipality.
3. The Municipal Emergency Measures Organization shall consist of two branches to be known as:
(a) The Executive Committee
(b) The Planning Committee
4. The Executive Committee shall consist of the Warden and four Council members of the council appointed by the council by resolution of the annual meeting. The Council may fill any vacancies of the Executive Committee at its next meeting.
5. (a) to establish policy for the Municipal Emergency Measures Organization;
(b) to recommend to council, from time to time, by resolution of the Committee, the appointment of an Emergency Measures Coordinator for the Municipal Emergency Measures Organization and such other employees as may be required to assist the Emergency Measures Coordinator from wherever possible, within the municipal administration.
(c) subject to the approval of the council to name or assign such persons as it may deem advisable to provide key personnel to perform duties related to continuity of municipal government and public survival in the case of an emergency or disaster;
(d) to submit to council for inclusion in its annual estimates, estimates of expenditures for the operation and maintenance of the Municipal Emergency Measures Organization.
6. The Emergency Measures Coordinator shall be the Chairman of the Planning Committee for:
(a) the implementation of the policy as formulated by the Executive Committee:
(b) the fulfilment of the "Purposes and Objects" as more particularly set out in Section 2 of this by law.
(c) the performance of other related duties as directed by the Executive Committee.
7. 1. The Planning Committee shall consist of the following officers of the Municipality unit:
(a) Coordinator (e) Fire Chief, Port Hood
(b) Building Inspector (f) Police NCO, Inverness
(c) Director of Public Works (g) Medical Health Officer
(d) Municipal Clerk (h) Director Social Services
2. The Planning Committee may appoint one of its members or an employee of the Organization to act as Secretary.
8. 1. The Planning Committee shall be responsible for coordinating or integrating plans for the continued functioning of municipal services which would be required in the event of emergency.
2. The Planning Committee shall, when policy decisions are required, submit the matter to the Executive Committee in the form of recommendations.
BY-LAW 33
HERITAGE PROPERTY BY-LAW
1. There shall be established for the Municipality of the County of Inverness a Municipal Registry of Heritage Property.
2. (a) The Municipal Registry of Heritage Property shall be kept in such manner and place as the Municipal Council, on the advice of the Heritage Advisory Committee shall from time to time determine.
3. There shall be established a Heritage Advisory Committee of the Municipality of the County of Inverness.
4. The Heritage Advisory Committee shall consist of seven members, three of whom shall be appointed from the Municipal Council and the other four of whom shall be appointed by the Municipal Council from the citizens of the county.
5. (a) The term of service of persons on the Heritage Advisory Committee shall be a term of one year or until the date of the annual meeting of the Municipal Council whichever first occurs.
7. The Heritage Advisory Committee may recommend to the Municipality that a building, streetscape or area be registered as a Municipal Heritage Property in the Municipal Registry of Heritage Property.
BY-LAW 34
INSTALMENT BILLING BY-LAW
1. In each year, an amount of one half of the rates and taxes levied against a property in the previous year shall be due and payable to the Treasurer on the 1st day of March.
BY-LAW 35
BE IT HEREBY RESOLVED by the Council of the Municipality of the County of Inverness that Bylaw No. 35, Tax Exemption By-Law for Charitable Properties, be enacted as follows:
1. This By-law shall be known as “TAX EXEMPTION BY-LAW FOR CHARITABLE PROPERTIES”
2. An exemption pursuant to the this By-law does not apply to area rates or fire protection rates.
3. The properties of the organizations or institutions named in Schedule “A” to the By-law shall receive full exemption of taxes, except for area rates or fire protection rates.
4. The property of the organizations or institutions named in Schedule “B” to the By-law shall receive a partial tax exemption, that is, a reduction from the commercial rate to the residential tax rate.
5. The partial or total tax exemption provided for in Section 3 and Section 4 shall apply only to that portion of the property specified in the respective Schedules A and B.
6. a) When a property or part thereof, listed in a Schedule ceases to be occupied by the association or for recreational and/or community use purposes, then the partial or total exemption from taxation shall cease and the owner of the property shall immediately be liable for the real property tax on such property or part thereof for the portion of the year then unexpired.
b) When a property, or part thereof, becomes occupied by an association for recreational and/or community use purposes, except where the same is rented from the owner at more than a nominal rate of rent, then this By-law shall be amended to include such properties and the owner/occupier of the property or any part thereof may be exempt from taxation effective as of that taxation year and shall continue for as long as the property continues to be used for a recreational and/or community purpose.
BE IT FURTHER RESOLVED by the council of the Municipality of the County of Inverness that the existing Tax Exemption By-Law #35 be and the same is hereby repealed.
THIS IS TO CERTIFY that the bylaw, of which this is a true copy, was duly passed at a duly called meeting of the Municipal Council of the Municipality of the County of Inverness duly held on the 6th day of November A.D., 2006.
GIVEN under the hand of the Municipal Clerk and under the Corporate Seal of the said Municipality this 6th day of November A.D., 2006.
Clerk
Clerk’s Notation for Official By-law Book
Date of First Reading: October 2, 2006
Date of Advertisement of Notice of Intent October 11, 2006
to Consider
Date of Second Reading: November 6, 2006
Date of Advertisement of Passage of By-law: November 22, 2006
Date of Mailing to Minister a Certified Copy of the By-law: November 23, 2006
Schedule "A"
| ASSESSED OWNER | DIST # | ACCOUNT | ASSESSMENT TYPE | ASSESSED VALUE |
| CHETICAMP DEVELOPMENT COMMISSION | 1 | 2154323 | Commercial | $15,000.00 |
| CHETICAMP DEVELOPMENT COMMISSION | 1 | 8829942 | Commercial | $6,400.00 |
| CHETICAMP DEVELOPMENT COMMISSION | 1 | 9081410 | Commercial | $766,500.00 |
| Cheticamp Search & Rescue | 1 | 8033900 | Commercial | $65,600.00 |
| Cheticamp Vol. Fire Department | 1 | 5934974 | Commercial | $4,800.00 |
| LaSociete De St. Pierre | 1 | 2402238 | Commercial | $248,500.00 |
| leclub Retrait | 1 | 1414542 | Commercial | $113,100.00 |
| Pleasant Bay Vol Fire Dept. | 1 | 3775607 | Commercial | $36,500.00 |
| LeClub Kinsmen De Cheticamp | 1 | 578347 | Commercial | $97,000.00 |
| Meat Cove Fishermen's Assoc. | 1 | 9142479 | Commercial | $65,400.00 |
| N. Inv. Rec. Centre Assoc. partial exemption arena | 1 | 5357683 | Commercial | $798,800.00 |
| Pleasant Bay Community Hall | 1 | 889326 | Commercial | $26,800.00 |
| DISTRICT TOTAL#1 | $2,244,400.00 | |||
| LaSociete De St. Pierre | 1 | 1414577 | Residential | $7,000.00 |
| Municipality of the County of Inverness | 1 | 735221 | Residential | $3,000.00 |
| LaSociete De St. Pierre | 1 | 5951488 | Residential | $7,500.00 |
| Municipality of the County of Inverness | 1 | 6035469 | Residential | $15,000.00 |
| DISTRICT #1 TOTAL | $32,500.00 | |||
| Municipality of the County of Inverness | 1 | 5590884 | Resource | $400.00 |
| Municipality of the County of Inverness | 1 | 8813434 | Resource | $7,500.00 |
| DISTRICT #2 TOTAL | $7,900.00 | |||
| 12 Step Margaree Forks | 2 | 2131587 | Commercial | $60,400.00 |
| Margaree Area Development Ass. | 2 | 3022226 | Commercial | $82,400.00 |
| Belle Cote & Area Community Centre | 2 | 7956223 | Commercial | $123,000.00 |
| Margaree Salmon Museum | 2 | 3022331 | Commercial | $54,900.00 |
| Margaree Senior Citizens Club | 2 | 3022315 | Commercial | $55,900.00 |
| N. E. Margaree VOL FIRE DEPT | 2 | 3452387 | Commercial | $25,900.00 |
| N.E. Margaree Senior Citizens Club | 2 | 3075745 | Commercial | $69,700.00 |
| S. W. Margaree Rec. Association | 2 | 5719879 | Commercial | $12,500.00 |
| St. Patrick's Parish Hall | 2 | 5990203 | Commercial | $83,900.00 |
| DISTRICT TOTAL#2 | $568,600.00 | |||
| Municipality of the County of Inverness | 2 | 123005 | Residential | $16,400.00 |
| Municipality of the County of Inverness | 2 | 1248863 | Residential | $7,500.00 |
| DISTRICT #2 TOTAL | $23,900.00 | |||
| Municipality of the County of Inverness | 2 | 5357322 | Resource | $7,700.00 |
| S.W. Margaree Senior Citizen Club | 2 | 8813434 | Resource | $7,500.00 |
| DISTRICT #2 TOTAL | $15,200.00 | |||
| Ceilidh Trail C.C. Club | 3 | 2750147 | Commercial | $5,500.00 |
| Inverness County Arena Commission | 3 | 2146207 | Commercial | $767,700.00 |
| Municipality of the County of Inverness | 3 | 9535888 | Commercial | $269,300.00 |
| Municipality of the County of Inverness | 3 | 5525314 | Commercial | $27,500.00 |
| Inverness County | 3 | 5322863 | Commercial | $156,800.00 |
| Inverness County Council of the Arts | 3 | 9443770 | Commercial | $684,100.00 |
| Inverness County Arena Commission | 3 | 8811261 | Commercial | $83,600.00 |
| Inverness Miners Museum | 3 | 2146304 | Commercial | $49,700.00 |
| Inverness Playground Rec. Association | 3 | 2146312 | Commercial | $322,000.00 |
| Lake Ainslie Historical Society | 3 | 3393917 | Commercial | $97,700.00 |
| DISTRICT TOTAL#3 | $2,463,900.00 | |||
| Municipality of the County of Inverness | 3 | 6285864 | Residential | $20,000.00 |
| Lake Ainslie Historical Society | 3 | 5095751 | Residential | $62,800.00 |
| DISTRICT #3 TOTAL | $82,800.00 | |||
| Inverness Development Assoc. | 3 | 6111815 | Resource | $80,600.00 |
| The Nature Conservancy | 3 | 4562429 | Resource | $40,800.00 |
| The Nature Conservancy | 3 | 2641534 | Resource | $16,900.00 |
| Inverness Search & Rescue | 3 | 8828520 | Resource | $14,000.00 |
| DISTRICT #3 TOTAL | $152,300.00 | |||
| Stewartdale Cemetery Co | 4 | 9547258 | Residential | $2,400.00 |
| DISTRICT TOTAL#4 | $2,400.00 | |||
| Denysdale Senior Citizens Club | 4 | 5075505 | Commercial | $25,500.00 |
| Masonic Hall | 4 | 1855298 | Commercial | $46,500.00 |
| Orangedale Community Hall | 4 | 3621375 | Commercial | $24,900.00 |
| Orangedale Improvement Association | 4 | 5144418 | Commercial | $123,700.00 |
| Orangedale Station Association | 4 | 7954778 | Commercial | $150,600.00 |
| River Denys Community Hall | 4 | 3970779 | Commercial | $12,000.00 |
| Skye Glen Community Hall | 4 | 4287096 | Commercial | $34,900.00 |
| THE SOAPSTONE MINE, ROSEBURN, REC & COMM ASSOC. | 4 | 1178113 | Commercial | $35,200.00 |
| Valley Mills & District Vol. Fire Dept. | 4 | 3970787 | Commercial | $79,000.00 |
| Whycocomagh Consolidated Rec. Association | 4 | 913227 | Commercial | $270,400.00 |
| Whycocomagh Lions Club | 4 | 4917642 | Commercial | $82,400.00 |
| DISTRICT TOTAL#4 | $885,100.00 | |||
| The Nature Conservancy | 4 | 4721861 | Resource | $12,000.00 |
| Municipality of the County of Inverness | 4 | 7965761 | Resource | $3,000.00 |
| Stewartdale Cemetery Co | 4 | 9617221 | Resource | $5,700.00 |
| Whycocomagh Lions Club | 4 | 4917642 | Resource | $9,600.00 |
| DISTRICT #4 TOTAL | $30,300.00 | |||
| Chestico Museum & Hist. Society | 5 | 3393801 | Commercial | $22,400.00 |
| Dr. John Waters Comm. Health Centre | 5 | 1245473 | Commercial | $145,300.00 |
| Municipality of the County of Inverness | 5 | 5187141 | Commercial | $3,073,500.00 |
| Glencoe Station Recreation Association | 5 | 1725262 | Commercial | $70,100.00 |
| Harbourview Rec. Association | 5 | 1883666 | Commercial | $46,600.00 |
| Municipality of the County of Inverness | 5 | 9536515 | Commercial | $10,500.00 |
| Hillsborough Church Preservation Society | 5 | 5093937 | Commercial | $136,600.00 |
| Hillsborough Hall | 5 | 1854062 | Commercial | $30,500.00 |
| Irish Road Horseman's Club | 5 | 2147181 | Commercial | $8,500.00 |
| Mabou District Athletic Club | 5 | 2636476 | Commercial | $395,000.00 |
| Mabou Gaelic Historical Society | 5 | 2110555 | Commercial | $57,500.00 |
| PORT HOOD AREA RESOURCE SOCIETY | 5 | 4073673 | Commercial | $61,500.00 |
| Port Hood & District Rec. Commission | 5 | 4330307 | Commercial | $57,300.00 |
| Port Hood & District Rec. Commission | 5 | 3788806 | Commercial | $1,248,300.00 |
| Port Hood Funeral Home | 5 | 9623434 | Commercial | $52,500.00 |
| West Mabou Development Association | 5 | 4874757 | Commercial | $86,300.00 |
| DISTRICT TOTAL#5 | $5,502,400.00 | |||
| Alpine Snowmobilers Club | 5 | 741272 | Residential | $5,800.00 |
| Port Hood Athletic Assoc. | 5 | 3310396 | Residential | $2,900.00 |
| Port Hood Area Development | 5 | 2131439 | Residential | $37,500.00 |
| DISTRICT #5 TOTAL | $46,200.00 | |||
| The Nature Conservancy | 5 | 9136169 | Resource | $8,000.00 |
| The Nature Conservancy | 5 | 9333541 | Resource | $4,000.00 |
| Little Judique Harbour Assoc | 5 | 7183356 | Resource | $53,500.00 |
| DISTRICT #5 TOTAL | $65,500.00 | |||
| CREIGNISH RECREATION CENTER | 6 | 987506 | Commercial | $78,500.00 |
| Kildonan Senior Citizens | 6 | 5590728 | Commercial | $36,700.00 |
| Municipality of the County of Inverness | 6 | 9081941 | Commercial | $1,213,800.00 |
| Judique Comm. Centre Dev. Assoc. | 6 | 8818487 | Commercial | $677,000.00 |
| Judique on the Floor Historical Culture | 6 | 3884546 | Commercial | $29,000.00 |
| Marble Mountain Library & Museum | 6 | 5065259 | Commercial | $19,000.00 |
| West Bay Community Association | 6 | 3397068 | Commercial | $46,000.00 |
| DISTRICT TOTAL#6 | $2,100,000.00 | |||
| Malagwatch Cemetary | 6 | 9345981 | Residential | $55,000.00 |
| Glendale area Community COOP | 6 | 9632204 | Residential | $67,600.00 |
| Municipality of the County of Inverness | 6 | 3087093 | Residential | $19,100.00 |
| Port Hastings Historical Society | 6 | 4413849 | Residential | $28,700.00 |
| DISTRICT #6 TOTAL | $170,400.00 | |||
| Judique Rec. Assoc. | 6 | 2287773 | Resource | $1,000.00 |
| Judique Rec. Assoc. | 6 | 2287781 | Resource | $133,400.00 |
| Judique Rec. Assoc. | 6 | 2287803 | Resource | $2,600.00 |
| Municipality of the County of Inverness | 6 | 2399016 | Resource | $12,500.00 |
| Maple Brook H.O.W. Club | 6 | 5065313 | Resource | $9,600.00 |
| Port Hastings & District Rec. Assoc. | 6 | 3788709 | Resource | $40,200.00 |
| DISTRICT #6 TOTAL | $199,300.00 |
BY-LAW 36
PENSION BY-LAW
1. For the purpose of providing a pension plan for full time employees of the Municipality shall contract with Standard Life Assurance Company, a body corporate, having its Head Office at Montreal, Quebec and a Branch Office at Halifax, Nova Scotia, for a group pension policy.
2. To qualify for membership in the plan an employee must have been employed by the Municipality for at least twelve consecutive months.
3. The Warden and the Municipal Clerk are hereby authorized and directed to execute all such contacts and agreements applicable to the establishment of such a pension plan.
4. The Municipal Council shall annually provide in the current estimates the annual sums required to be paid by the Municipality under the provisions of the plan.
5. Every person who becomes a full time employee of the Municipality after the enactment of this By-law shall be required as a condition of his or her employment to authorize the Municipality in writing after such employee has been employed for not less than twelve consecutive months to deduct from his or her salary or wages such amounts as are applicable to his or her salary scale to be held in trust by the Municipality and remitted by the Municipality to Standard Life Assurance Company in accordance with the terms of the agreement with Standard Life Assurance Company.
6. The Pension Plan provided for by this Bu Law shall be as regards the Municipality's rights and duties thereunder be administered by the Executive Committee subject however to the overriding authority at all times of Municipal Council.
7. The Municipal Clerk as Secretary to the Executive Committee shall perform the following duties:
(a) He shall keep a list of all employees making contributions under the plan which list shall set out the name and age of each employee, the time which he entered the service of the Municipality, a comultative record of his service, the amount of his salary or wages from time to time, the name, address, age, and relationship of each beneficiary nominated by him under the plan and his normal retirement age.
(b) He shall keep a correct list of all member employees and former member employees who have terminated their employment or wh0se employment has been terminated and the amount of the pension to which each became or will become entitled to under the plan.
(c) He shall keep such other statistical and other reords relative to the plan as mey be required.
(d) He shall report to the Executive Committee and to Municipal Council from time to time as may be required such information as may be requested relative to the operation of the plan, and he shall generally under the direction of the Committee or of Council do all things necessary in connection with the administration of the Pension Plan.
BY-LAW
AUTOMATIC AND AUTOMATIC VENDING MACHINES
* Repealed Sept. 16/94
1. In this by-law the words "automatic machine" means any pinboard or any automatic or slot machine (so called) which is operated by the introduction of a coin or counter but does not include automatic scales, telephone apparatus or electric meters, nor those things the use or keeping whereof is prohibited by law for the reason that they constitute gambling devices, or for any other reason.
2. No person shall own or have an automatic machine or an automatic vending machine in his custody or possession or on his premises in the Municipality without obtaining and keeping in force a license under this by-law.
3. Such license shall be obtained from the Municipal Council upon payment of the following fees:
(a) for each juke box or similar automatic musical machine the sum of ten ($10.00) dollars;
(b) for each pinboard machine or other automatic machine the sum of ten ($10.00) dollars;
(c) for each soft drink automatic vending machine the sum of ten ($10.00) dollars;
(d) for each cigar or cigarette automatic vending machine the sum of ten ($10.00) dollars;
(e) for each gum, candy, popcorn or peanut automatic vending machine the sum of five ($5.00) dollars;
(f) for each other automatic vending machine the sum of five ($5.00) dollars.
4. Every license issued under this By-Law shall contain an accurate description of the machine licensed with its serial number and other identifying features and shall state the location of the premises at which the machine is proposed to be operated.
BY-LAW
LORD'S DAY BY-LAW
* Repealed Dec. 9/94
1. This By-Law shall be known and cited as the Lord's Day By-Law
(a) "Business means a grocery store, confectionery store, store in which the principal business is the sale of handcrafts, novelties, souvenirs and similar articles principally to tourists and travellers, canteen, fruit stand, laundromat, billiard hall or pool room;
(b) "Municipality" means the Municipality of the County of Inverness
(c) "Clerk" means the Clerk of the Municipality
(d) "Council" means the Council of the Municipality
(e) "Lord's Day" means the period of time that begins at twelve o'clock on Saturday afternoon and ends at twelve o'clock on the following afternoon.
(f) "Warden" means the warden of the Municipality of the County of Inverness.
(a) a grocery store,
(b) a confectionery store,
(c) a store in which the principal business is the sale of handcrafts, novelties, souvenirs and similar articles, principally to tourists or travellers,
(d) a canteen or fruit stand
issue a permit for the operation of such store, canteen or fruit stand from 9:00 o'clock in the forenoon until 11:15 o'clock in the afternoon on the Lord's Day.
6. Every person applying for a permit shall make application to the Clerk in Form I as set out in the Schedule hereto attached, or to the like effect, and such application shall be accompanied by the required permit fee.
7. (1) Every permit shall set out:
(a) the name and address of the applicant,
(b) the type of business
(c) the location of such business, and
(d) the hours during which such business may remain open on the Lord's Day.
and shall be signed by the Warden and the Clerk. Such permit shall be in Form II as set out in the Schedule hereto attached or to the like effect.
(2) A separate permit shall be required for each place of business that an applicant wishes to operate during the Lord's Day under the provisions of this By-Law.
(3) The fee for each such permit shall be three ($3.00) dollars.
(4) Every permit shall expire on the 30th day of April in each year.
8. Every permit issued by the Council shall be displayed in a prominent place on the premises of the place of business for which such permit is issued.
9. A person to whom a permit is issued who moves the location of his business from the place designated in such permit, shall apply to the Clerk for the transfer of such permit to his new place of business and the Clerk shall endorse the change of location of the place of business upon such permit.
10. When the owner of any business, who has been issued a permit has been convicted of a violation of any of the provisions of Chapter 172 of the Revised Statutes of Nova Scotia 1967, an Act Respecting the Lord's Day, such permit automatically shall be cancelled immediately.
SCHEDULE
FORM 1
APPLICATION FOR A PERMIT TO OPERATE A BUSINESS
ON THE LORD'S DAY
I,
(Name of Applicant)
(Address of Applicant)
as owner of a
(Type of Business)
located at
(Address of Business)
hereby make application to the Council at
the day of for a permit to operate
(Type of Business)
o'clock in the noon on the Lord's
Day.
BY-LAW
PHOTOGRAPHERS
* Repealed Sept. 16/94
1. In this by-law, "photographer" includes a photographer, his agent, representative canvasses and solicitor respectively, soliciting or taking orders for photographs or enlargement of photographs made by any process where there is to be consideration moving to the photographer for making or delivering the same.
2. No person who is not a resident or a ratepayer of the Municipality shall do business as photographer within the Municipality unless he holds a license from the Municipality for that purpose which is in force.
3. Every application for a license under this by-law shall be made in writing on a form provided therefor by the Municipal Clerk and signed by the person applying therfor.
(a) his full name and address;
(b) whether or not he is a ratepayer or resident of the Municipality;
(c) the place or location, if any, at which the applicant intends to carry on his business.
5. The Council shall authorize the Clerk to issue a license on receipt of the following:
(a) a property completed application form;
(b) the required license fee.
6. The fee shall be ten ($10.00) dollars.
7. When the license is for part of the year only the full annual fee is to be required.
7. A license issued under this by-law shall be valid until the 31st day next following its issue unless sooner revoked or suspended.
9. The Clerk shall keep a record of every license issued by him, with a number on each record corresponding to the number inserted in the license.
10. The Clerk on payment of twenty-five cents shall replace any license when the same has been lost, stolen or destroyed.
11. When engaged on his business as photographer every licensee shall display his license on demand to any person over eighteen years of age.
13. A License issued hereunder may be suspended or revoked by the Council if the holder thereof is convicted of any offence against the Criminal Code (Canada).
14. Every person who violates any provision of this by-law shall be liable to a penalty not exceeding Twenty-five ($25.00) dollars and in default of payment to imprisonment for a period not exceeding ten (10) days.
BY-LAW 26
DANGEROUS OR UNSIGHTLY PREMISES
* Repealed Mar. 3/95
1. Section 204 of Chapter 192 of the Revised Statutes of Nova Scotia, 1967, "The Municipality Act" and amendments thereto, shall apply to the whole area of the Municipality.
2. The said Section 204 is shown in Schedule "A" attached hereto.
SCHEDULE "A"
204 (1) The Council may pass a by-law providing that this Section applies to such area or area as the by-law prescribes.
(2) No person shall permit property in the area or areas mentioned in any such by-law, owned or occupied by him/her, to be or to become partly demolished, decayed, or deteriorated so as to be in a dangerous unsightly or unhealthy condition, or shall permit to remain to any part of property in such area or areas, owned or occupied by him/her, any ashes, junk, cleanings of yards, bodies or parts of automobiles or other vehicles or machinery, or other rubbish or refuse, so as to cause such place to be dangerous, unsightly, unhealthful or offensive to all or any part of the public.
BY-LAW 9
FIRE AND EXPLOSIVES
* Repealed Dec. 9/94
* Not approved Sept. 16/94
SPONTANEOUS COMBUSTION
1. No person shall accumulate or cause to be accumulated in
any place where a fire arising from it might reasonably be
expected to spread, any rags, damp hay, or straw, or any other
material which is liable to cause spontaneous combustion.
STORING INFLAMMABLE MATERIAL
2. No person shall store or cause to be stored any wood, coal, paper, sawdust, gasoline or other inflammable spirits,
explosives or other inflammable material near a stove, furnace, engine or other source of fire where a fire originating from such source might reasonably be expected to be aggravated by the presence of the inflammable material.
EXPLOSIVES
blasting within one thousand feet of any building, public place or public road or way unless;
(a) The blast is set off during the period between nine o'clock in the forenoon and one hour before sunset;
escape of broken rock, stones, turf, soil or other dangerous
fragments;
completely protected within a pit or baffle is within one
hundred feet of the charge;
siren, horn, or similar apparatus at least fifteen seconds and not more than one minute before the blast;
reasonable alarm to the occupants of the premises in the
vicinity of the blasting, and unless it can be determined that
the blasting will not cause any break, strain, shift or any
other damage to the premises in the vicinity of the blasting;
nearest peace officer or inspector of explosives of the
intention to blast and the time, date, and place that the
blasting will occur.
PENALTIES
4. Where any person contravenes or fails to comply with any
provision of this by-law, he/she shall be liable to a penalty of not more than One Hundred Dollars, and in default of payment to imprisonment for a period of not more than ten days.
BY-LAW 18
JUNK DEALERS
* Repealed Dec. 9/95
* Not approved Sept. 16/94
1. In this by-law, "junk" includes rags, scrap-iron, old nails, brass, copper, lead, composite metals or alloys, second hand marine stores, and materials of any kind or description known as junk.
2. No person shall, within the Municipality of Inverness;
(a) Engage in the calling or business of a junk dealer,
(b) Establish, open, operate or keep with the Municipality, any shop, or store known as a rag or junk store, or
(c) in or about any shop or store, buy, sell, barter or
otherwise deal in junk, without first obtaining a license
therefor.
3. Every junk dealer shall do business at some specific place in the Municipality, and the place shall be set out in
the license.
4. A separate license, shall be required for every place at
which any person proposes to do business as a junk dealer.
5. Every license shall be personal to the person to whom it is granted and shall entitle that person only, to buy, sell,
barter or otherwise deal thereunder as provided in this
by-law.
6. Every application for a license under this by-law shall
be made in writing, on a form provided therefor by the
Municipal Clerk and signed by the person applying therefor.
7. The application shall contain:
(a) The full name and address of the applicant;
(b) The place or location of the store or shop at which the
applicant intends to carry on his/her business;
(c) The place or location of any other store, shop, warehouse or place of deposit whether or not the same is
within the Municipality, owned or operated by the applicant.
8. The Council shall authorize the Clerk to issue a license
on receipt of the following:
(a) A properly completed application form.
(b) The required license fee.
9. The fee for such license shall be as follows:
(a) Where the applicant is a ratepayer of the Municipality
$25.00
(b) Where the applicant is a non-ratepayer of the Municipality - $50.00
10. A license issued under this by-law shall be valid until
the 31st day of March next following the issue, unless sooner
revoked or suspended.
11. The Clerk shall keep a record of every license issued by
him/her, with a number on each record corresponding to the
number inserted in the license.
12. The Clerk, on payment of One Dollar ($1.00) shall replace any license when the same has been lost, stolen or
destroyed.
13. No junk dealer shall remove his/her place of business
from the place designated on his/her license, without first
having the change and the new address endorsed on his/her
license by the Clerk.
14. No junk dealer shall purchase in the way of his/her
business, any article from any person between the hours of seven o'clock in the afternoon and seven o'clock in the forenoon.
15. No junk dealer shall purchase in the way of his/her business, any article from any person under the age of
eighteen years.
16. Every junk dealer shall have his/her name, together with
the words "Licensed Junk Dealer" distinctly painted or printed in letters of at least three inches in length and two
inches in breadth, on some conspicuous part of each store,
shop, warehouse or place of deposit belonging to him/her and
used in his/her said business.
17. Every junk dealer shall, on demand by any police officer, exhibit to him/her any or all articles on his/her
premises.
18. Every junk dealer when purchasing any article in the way of business shall keep in each place he/she does business a book in which shall be clearly written:
(a) An accurate description of the article;
(b) Any distinctive marks on the article;
(c) The price paid for the article;
(d) The precise time and date of such purchase;
(e) The name and address of the person from whom the purchase was made.
19. Immediately after the sale of any article by any junk
dealer, he/she shall make an entry in the book referred to in
section 18 hereof, opposite the entries concerning the sale of such article, showing:
(b) The precise time and date of such sale;
(c) The name, address and description of the person to whom
such article was sold.
20. The book referred to in section 18 and 19 hereof shall be open at any and all times to the inspection of any police
officer.
21. No person shall wilfully make any false entry in the book so required to be kept.
22. All rags, old rope and other combustible or inflammable
junk in any shop, store, warehouse or place of deposit belonging to a junk dealer shall be kept isolated and apart
from other articles and every precaution shall be taken to
protect any risk of fire from such articles.
23. Where a person holding a license under this by-law has
been convicted in any court of competent jurisdiction of;
(a) A violation of this by-law;
(b) Theft;
(c) Receiving stolen goods.
The Council may revoke that person's license or may suspend it for a period not exceeding one year.
24. Every person who violates or fails to comply with any of
the provisions of this by-law shall be liable and on conviction to a penalty not exceeding one hundred ($100.00)
dollars and in default of payment to imprisonment for a period not exceeding thirty-days.
BY-LAW 8
GAOLS AND LOCK-UPS
* Repealed Sept. 16/94
BE IT ENACTED by the Council of the Municipality of the County of Inverness as follows:
Short Title:
1.This By-Law shall be known as By-Law # 42 and cited as the No Smoking By-Law.
Interpretation:
2.In this By-Law
a) "employer" includes any person who supervises employees in a place of employment;
b) "enclosed place" means the inside or the other enclosed part of a building, or other indoor space but does not include a private residence;
c) "manager" of a public place means any person who has responsibility for and control over the activities of the place, and includes the owner of the place;
d) "place of employment" means an enclosed place, other than vehicle, in which employees perform the duties of their employment and includes an adjacent corridor, lobby, stairwell, elevator, escalator, eating area, washroom, restroom or other common area frequented by employees during the course of their employment;
e) "school" means a public or private elementary or secondary school, and includes the grounds surrounding such school;
f) "smoke" means to smoke, hold or otherwise have control over ignited tobacco;
g) "tobacco" means tobacco as defined in the Revenue Act;
h) "public place" means any enclosed place to which the public have access as of right or by invitation express or implied for business, civic, political, travel, eating, drinking, health care, religious, social, educational, entertainment, cultural, recreational or related activities;:
i) For greater certainty "Public Place" shall be deemed to include any enclosed place which is or includes:
| i) | a daycare; | |
| ii) | a school, community college, university or other educational or training facility; | |
| iii) | a library, art gallery or museum; | |
| iv) | a health-care facility; | |
| v) | a cinema or theatre; | |
| vi) | a video arcade or pool hall; | |
| vii) | a recreational facility where the primary activity is physical recreation, including, but not limited to a bowling alley, fitness centre, gymnasium, pool or rink; | |
| viii) | a multi-service centre, community centre or hall, arena, fire hall or church hall; | |
| ix) | a meeting or conference room or hall, ballroom or conference centre; | |
| x) | a retail shop, boutique, market or store or shopping mall; | |
| xi) | a ferry, ferry terminal, bus, bus station or shelter, taxi, limousine or vehicle carrying passengers for hire; | |
| xii) | a vehicle used in the course of employment while carrying two or more employees; | |
| xiii) | the common area or a commercial building or multi-unit residential building including, but not limited to, corridors, lobbies, stairwells, elevators, escalators, eating areas, washrooms and restrooms; | |
| xiv) | offices of the Government of the Province, a municipality, a village or a school board, or any agency thereof; | |
| xv) | a provincial jail, prison, detention centre, lock-up or reformatory or another provincial penal institution; or | |
| xvi) | a restaurant; | |
| xvii) | a lounge; | |
| xviii) | a private club; | |
| xix) | a cabaret, club, beverage room or other place licensed to serve alcoholic beverages; | |
| xx) | a place that is being used for bingo, or | |
| xxi) | a facility as defined in the Hospitals Act, a nursing home or residential care facility licensed under the Homes for Special Care Act, a home for aged or disabled persons to which that Act applies or a part of a health-care facility used for the acute or long-term care of veterans, except in an area that no person under the age of nineteen (19) years is permitted to enter or be in and that is separately enclosed and separately ventilated, as prescribed by Regulations made pursuant to the Smoke Free Places Act, from any part of an enclosed place in which smoking is prohibited by this By-Law. | |
| xxii) | Any part of the premises or grounds of a public place where the Manager of the public place; and, in the case of a place of employment, the Employer has erected "No Smoking" signs. |
Smoking Prohibited:
3. a) No person shall smoke in any public place;
b) No person shall smoke in any place of employment;
c) No employer shall permit smoking in any place of employment;
d) No manager of a public place shall permit smoking in any public place;
Aboriginal Persons’ Exemption:
4. a) Nothing in this By-Law affects the rights of aboriginal people respecting aboriginal spiritual or cultural practice or ceremonies.
Penalities:
5. a) Any person who violates any provision of this By-Law is guilty of an offence and, is liable, upon summary conviction, to a fine of not less than $100.00 and not more than $2,000.00.
b) Every day during which an offence pursuant to subsection (a) continues is a separate offence.
Payment in Lieu of Prosecution:
6. A person who is alleged to have violated this by-law and is given notice of the alleged violation may pay a penalty in the amount of $50.00 to an official designated by the Chief Administrative Officer, which official and place of payment shall be designated on the notice, provided that said payment is made within a period of fourteen (14) days following the day on which the alleged violation was committed and where the said notice so provides for payment in this manner, such payment shall be in full satisfaction, releasing and discharging all penalties and imprisonment incurred by the person for said violation.
Enforcement Agreements:
7. Any employer or manager of a public place may, through agreement with the Municipality of the County of Inverness, designate a person or persons to be appointed special constables for the purpose of enforcing this by-law on their property.
FIRST READING: October 7, 2002
SECOND READING: November 12, 2002
THIS IS TO CERTIFY that the foregoing by-law is a true copy of a by-law duly passed at a duly called meeting of the Municipal Council of the Municipality of the County of Inverness duly held on the 12th day of November A.D., 2002.
MUNICIPALITY OF THE COUNTY OF INVERNESS
SEWER SERVICE CHARGE BYLAW
BY-LAW NO. 43
BE IT RESOLVED by the Municipal Council of the Municipality of the County of Inverness that By-Law No. 43, Sewer Service Charge By-Law, be enacted as follows:
In this by-law, unless the context otherwise specifically indicated otherwise:
(a) A Council @ means the Council of the Municipality of the County of Inverness.
(b) A Municipality @ means the Municipality of the County of Inverness.
(c) A Clerk @ means the Clerk Treasurer of the Municipality of the County of Inverness.
(d) A Engineer @ means the Engineer for the Municipality and includes the Director of Public Works.
(e) A Building @ means any dwelling, house, shop, store, office of any building which would require sewerage services.
(f) A Owner @ means the owner or authorized agent of property that is in the area serviced by a public sewer system.
(g) A Sewer @ means a pipe, conduit, drain, open channel, or ditch used for the collection and transmission of wastewater, stormwater, or uncontaminated process or cooling water.
(h) A Sewer system @ means all pipes, mains, equipment, buildings and structures for collecting, pumping or treatment of wastewater and operated by the Municipality, but does not include a storm sewer.
(i) A Storm Sewer @ means a sewer and all related structures designed exclusively for the collection and transmission of uncontaminated water, stormwater, drainage from land or from any watercourse or any other them.
(j) A Year @ means the fiscal year of the Municipality.
2. Every owner of lands in the Municipality
(a) on which any building is connected to a sewer system;
(b) which can be serviced by a municipal sewer system;
shall pay to the Municipality an annual A Sewer Service Charge @ for the construction and maintenance of the sewer system.
3. The Annual Sewer Service Charge shall be determined by calculating the assessed value of property times the rate deemed required for operation and maintenance of the sewerage system.
4. (1) Sewer services charges shall be levied on the owners of all properties liable to pay the same commencing in the year following the year in which a sewer has been installed or upgraded.
(2) For the purposes of this by-law, a sewer has been installed or upgraded when the Municipal Engineer has certified to the Council that the system or project of which the sewer forms part is substantially complete.
5. (1) The Sewer Service Charge shall be due and payable on the date set by Municipal Council.
(2) The Sewer Service Charge, if not paid by the due date, shall bear interest at the same rate as charged on unpaid taxes.
6. (1) The Sewer Service Charge is a lien on the whole of the property subject to the sewer service charge in the same manner and with the same effect as rates and taxes under the Municipal Government Act.
(2) The Sewer Service Charge and interest thereon may be sued for and collected in the same manner as other rates and taxes.
(3) Land is liable to be sold for unpaid sewer service charges in the same manner and with the same effect as for unpaid rates and taxes pursuant to the Municipal Government Act.
7. (1) Every person connecting to the sewer system shall make application to the Municipality for said connection.
(2) Nothing in this Section means that the Municipality is responsible for any part of a sewer connection that is not in a public street, highway or sewer easement.
8. This Bylaw shall take effect on the first day of January, 2008. Thereinafter all sewer service charges shall be levied as provided for in this By-law.
9. Notwithstanding Section 10, any person who at the date this By-law takes effect owes an outstanding sewer charge for the installation of an existing sewer system, the provisions of By-law No. 30, the Capital Cost of Sewer and Water Construction, shall apply until the said charge is paid in full.
10. Nothing in this by-law shall affect the operation of the provisions of By-law No. 30, the Capital Cost of Sewer and Water Construction.
NOISE CONTROL BY-LAW
BE IT ENACTED by the Municipality of the County of Inverness under the authority of Section 99C(1)(k), 99K(2)(f) and 99K(3) of the Municipal Act , R.S.N.S., 1989, Chapter 295 as follows:
Title :
1. This By-Law shall be known as the Noise Control By-Law.
Definitions :
2. (a) "Municipality" means Municipality of the County of Inverness .
(b) Council means the Council of the Municipality.
(c) Clerk means the Clerk of the Municipality.
(d) Public Address System means any system of loudspeakers, amplifiers, microphones or reproducers, or any combination of such equipment, used in the reproduction or amplification of music, speech or other sounds, when used for communication to, or otherwise addressing or entertaining groups of people, whether the same is mounted upon a vehicle or upon a building or other structure or upon the ground;
(e) Street includes alley, boulevard, bridge, courtyard, footway, highway, lane, park, public drive, sidewalk, square and any part of any of them open to the public use.
3. (1) No person shall, in the Municipality, operate or cause, or permit to be operated, any public address system, gramophone, radio, audio-tape player, audio-disc player or other device or apparatus for reproducing or amplifying sound whether operated electrically, mechanically, or in any other way whatsoever, whether moveable or stationary, the sounds of which are capable of being heard on any street or in any building used, wholly or in part, as a dwelling other than the dwelling in which it may be located, in the Municipality, without having first received a license therefore from the Clerk, or from the Council, as hereinafter provided.
(2) Such license may be granted by the Clerk for the operation of such apparatus or device between the hours of nine o'clock in the forenoon and one o'clock in the morning of the next day during the term of the license and may be refused if the Clerk shall be of the opinion that the operation of such apparatus or device disturbs or tends to disturb the peace and tranquillity of the Municipality or any portion thereof.
(3) Such license may be granted upon such other terms and conditions as may be determined by the Clerk, including the time period of the day that the license is effective for, the volume of sound to be reproduced by such apparatus or device, and the time period during which the license shall be effective.
(4) Any license so granted may be cancelled by the Council at any time if it shall be of the opinion that the operation of such apparatus or device for which such license was issued violates any of the terms and conditions attached to such license or disturbs or tends to disturb the peace and tranquillity of the Municipality or any portion thereof.
(5) Any person who has been refused a license or is dissatisfied with the terms and conditions of such license set by the Clerk may appeal to the Council from such refusal concerning such terms and conditions and the Council may grant such license or may confirm such refusal or vary the terms thereof within the provisions of this By-Law.
4. The fee to be paid for any license issued under the authority of this By-Law shall be Five ($5.00) Dollars.
5. No person shall start, drive, turn or stop any motor vehicle, or accelerate the vehicle engine while the vehicle is stationary, in such a manner that it causes unnecessary noise in or from the engine, exhaust system, braking system or from the contact of the tires with the roadway that disturbs the peace and quiet of the neighbourhood in which it occurs or that can be heard inside any building used wholly or in part as a dwelling or any building used wholly or in part for business purposes.
6. The provisions of this By-Law shall not apply to:
(a) Any member of the RCMP, Police Force or Fire Department of the Municipality, or any other employee of the Municipality while such member or employee is employed in the execution of his duties as a member of the RCMP, such Force or Department, or other employee of the Municipality.
(b) A person or an employee of any firm or corporation, performing any work for the Municipality, while such person or employee is employed in the execution of his duties in connection with the performance of any such work for the Municipality.
(c) To any bell, horn, whistle, siren, or other device used:
(i) by a church;
(ii) by a business to mark the beginning or end of a work shift;
(iii) for public interest or safety;
(d) In respect of Clauses 1 to 3 inclusive any community or community group sponsored festival or event or to any establishment or event licensed by the Nova Scotia Liquor License Board.
7. Section 2(1) and (2) of By-Law 8, the Mischief and Nuisances By-Law is hereby repealed.
8. Every person who contravenes or fails to comply with any of the provisions of this By-Law shall be liable to a penalty of not less than One Hundred ($100.00) Dollars and not exceeding Five Thousand ($5,000.00) Dollars and in default of payment to imprisonment for a period not exceeding Ninety (90) days.
This is to certify that the following by law is a true copy of a by law duly
passed at a duly called meeting of the Municipal Council of the Municipality
of the County of Inverness duly held _________on the day of _________________
A.D. 1997.
Deputy Clerk
Section 99 Requirements :
Notice of Motion to Introduce October 15, 1996
First Reading November 12, 1996
Publication 7 days before Second Reading, November 19, 1996
Second Reading December 9, 1996
Third Reading February 10, 1997
Publication after Enactment
© MUNICIPALITY of the COUNTY of INVERNESS