DIVISION 1
APPLICATION
Geographic application of by-laws
229 A by-law of a municipality applies only within its boundaries unless
(a) the municipality agrees with another municipality that a by-law passed by one has effect within the boundaries of the other and the council of each municipality passes a by-law approving the agreement; or
(b) this or any other Act provides that the by-law applies outside the boundaries of the municipality.
By-law inconsistent with other legislation
230 A by-law that is inconsistent with an Act or regulation in force in the province is of no effect to the extent of the inconsistency.
DIVISION 2
SPHERES OF JURISDICTION
Guide to interpreting power to pass by-laws
231 The power given to a council under this Division to pass by-laws is stated in general terms
(a) to give broad authority to the council and to respect its right to govern the municipality in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and
(b) to enhance the ability of the council to respond to present and future issues in the municipality.
Spheres of jurisdiction
232(1) A council may pass by-laws for municipal purposes respecting the following matters:
(a) the safety, health, protection and well-being of people, and the safety and protection of property;
(b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation;
(c) subject to section 233, activities or things in or on private property;
(d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads;
(e) private works on, over, along or under municipal roads;
(f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned;
(g) the operation of off-road vehicles on public or private property;
(h) drains and drainage on private or public property;
(i) preventing and fighting fires;
(j) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices;
(k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight;
(l) public utilities;
(m) local transportation systems;
(n) businesses, business activities and persons engaged in business;
(o) the enforcement of by-laws.
Exercising by-law-making powers
232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division
(a) regulate or prohibit;
(b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard;
(c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways;
(d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality;
(e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following:
(i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation,
(ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality,
(iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted,
(iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them,
(v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and
(vi) providing for the posting of a bond or other security to ensure compliance with a term or condition;
(f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters;
(g) require persons who do not reside or have a place of business in the municipality to report to the municipal office before conducting business in the municipality; and
(h) require pawnbrokers to report all transactions by pawn or purchase to the head of council or to the police.
Content of by-laws under clause 232(1)(c)
233 A by-law under clause 232(1)(c) (activities or things in or on private property) may contain provisions only in respect of
(a) the requirement that land and improvements be kept and maintained in a safe and clean condition;
(b) the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing;
(c) the removal of top soil; and
(d) activities or things that in the opinion of the council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
Content of by-laws under clause 232(1)(f)
234 Without limiting the generality of clause 232(1)(f) (property adjacent to highways or municipal roads), a by-law passed under that clause may include provisions respecting signs, survey monuments, landscaping and setbacks, including
(a) the growing of trees and shrubs and the construction of improvements;
(b) the control and removal of trees, shrubs, weeds, grass, snow, ice and obstructions; and
(c) the construction, repair and removal of fences and snow fences.
Charge re local transportation system under clause 232(1)(m)
235 Despite The Public Utilities Board Act, including section 106 (conflict of interest) of that Act, a rate, toll, fare or other charge established by a council in respect of a local transportation system referred to in clause 232(1)(m) is not subject to that Act.
Content of by-laws under clause 232(1)(o)
236(1) Without limiting the generality of clause 232(1)(o) (enforcement of by-laws), a by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether by-laws are being complied with; and
(b) remedying contraventions of by-laws, including
(i) creating offences,
(ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
(iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act,
(iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention,
(v) charging and collecting costs incurred in respect of acting under subclause (iv),
(vi) imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines.
Application of clause 232(1)(o)
236(2) Clause 232(1)(o) applies only in respect of a by-law passed under this Part.
No licence required for sale of own produce
237 Despite clause 232(2)(e) (by-laws respecting licences, permits, approvals), a municipality may not require that a licence, permit or approval be obtained to sell produce grown in Manitoba if the sale is by the individual who produced it or an immediate family member or employee of the individual.
Fee in addition to business or amusement tax
238 A fee imposed under this Division is in addition to, and not in lieu of, a business tax imposed under Division 3 of Part 10 or an amusement tax imposed under Division 6 of Part 10.
DIVISION 3
ENFORCEMENT OF BY-LAWS
Municipal inspections and enforcement
239(1) If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement or action,
(a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement or action authorized or required by the Act or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action; and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
Identification
239(2) The designated officer must display or produce on request identification showing that he or she is authorized to make the entry.
Emergencies
239(3) In an emergency, or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things referred to in clauses (1)(a) and (c) without the consent of the owner or occupant.
Court authorized inspections and enforcement
240(1) The municipality may apply to the court for an order under subsection (2) if a person
(a) refuses to allow or interferes with the entry, inspection, enforcement or action referred to in section 239; or
(b) refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in section 239.
Court order
240(2) On an application under subsection (1), the court may issue any order it considers appropriate, including
(a) restraining a person from preventing or interfering with the entry, inspection, enforcement or action; or
(b) requiring the production of anything to assist in the inspection, remedy, enforcement or action.
Inspection of meters
241(1) If a designated officer of a municipality believes that a meter or other device that measures a utility or other service has been tampered with, the designated officer may apply to the court for an order authorizing
(a) entry of the land or structure in which the device is located; and
(b) inspection and testing of the device.
Court order
241(2) The judge may issue the order on being satisfied by evidence of the designated officer under oath that he or she has reasonable grounds to believe the meter has been tampered with.
Order to remedy contravention
242(1) If a designated officer finds that a person is contravening a by-law or this or any other Act that the municipality is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require.
Content of order
242(2) The order may
(a) direct a person to stop doing something, or to change the way in which the person is doing it;
(b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a reoccurrence of the contravention;
(c) state a time within which the person must comply with the directions; and
(d) state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person.
Order to remedy dangers and unsightly property
243(1) If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to public safety or property, or because of its unsightly condition, is detrimental to the surrounding area, the designated officer may by written order
(a) in the case of a structure, require the owner
(i) to eliminate the danger to public safety in the manner specified, or
(ii) remove or demolish the structure and level the site;
(b) in the case of land that contains the excavation or hole, require the owner
(i) to eliminate the danger to public safety in the manner specified, or
(ii) fill in the excavation or hole and level the site;
(c) in the case of property that is in an unsightly condition, require the owner
(i) to improve the appearance of the property in the manner specified, or
(ii) if the property is a building or other structure, remove or demolish the structure and level the site.
Further content of order
243(2) The order may
(a) state a time within which the person must comply with the order; and
(b) state that if the person does not comply with the order within the specified time, the municipality will take the action or measure at the expense of the person.
Review by council
244(1) A person who receives a written order under section 242 or 243 may request the council to review the order by written notice within 14 days after the date the order is received, or such longer period as a by-law specifies.
Powers of council
244(2) After reviewing the order, the council may confirm, vary, substitute or cancel the order.
Municipality remedying contraventions
245(1) A municipality may take whatever action or measures are necessary to remedy a contravention of a by-law or this or any other Act that the municipality is authorized to enforce or to prevent a re-occurrence of the contravention, if
(a) the designated officer has given a written order under section 242;
(b) the order contains a statement referred to in clause 242(2)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided, and it allows the municipality to take the action or measures.
Closure of premises
245(2) If the order under section 242 directs that premises be put and maintained in a sanitary condition, the municipality may, under this section, close the premises and use reasonable force to remove occupants.
Costs
245(3) The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who contravened the Act or by-law.
Remedying dangers and unsightly property
246(1) A municipality may take whatever actions or measures it considers necessary to eliminate the danger to public safety caused by a structure, excavation or hole or to deal with the unsightly condition of property if
(a) the municipality has given a written order under section 243;
(b) the order contains a statement referred to in clause 243(2)(b);
(c) the person to whom the order is directed has not complied with the order within the time specified in the order; and
(d) the appeal period respecting the order has passed or, if an appeal has been made, the appeal has been decided and it allows the municipality to take the action or measures.
Removal of occupants
246(2) If a structure is being removed or demolished by a municipality under this section, the municipality may use reasonable force to remove occupants.
Costs
246(3) The costs of an action or measure taken by a municipality under this section are an amount owing to the municipality by the person who was required to do something by the order under section 243.
Proceeds of sale
246(4) If the municipality sells all or part of a structure that is removed under this section, the proceeds of the sale must be used to pay the expenses and costs of the removal, and any excess proceeds must be paid to the person entitled to them.
Emergencies
247(1) Despite sections 243, 245 and 246, in an emergency a municipality may take whatever actions or measures are necessary to eliminate the emergency.
Application
247(2) This section applies whether or not the emergency involves a contravention of this or any other Act that the municipality is authorized or required to enforce, or a by-law.
Compliance with order
247(3) A person who receives an oral or written order under this section requiring him or her to provide labour, services, equipment or materials must comply with the order.
Remuneration for service or materials
247(4) A person who provides labour, services, equipment or materials under this section and who did not cause the emergency is entitled to reasonable remuneration from the municipality.
Costs
247(5) The costs of actions or measures taken to eliminate an emergency, including the remuneration referred to in subsection (4), are an amount owing to the municipality by the person who caused the emergency and may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.
Application to court to enforce by-law
248 A municipality may apply to the court for an injunction or other order to enforce a by-law of the municipality or to restrain a contravention of it, and the court may grant or refuse the injunction or other order or make any other order that it considers fair and just.
Contravention of by-law is an offence
249(1) A person who contravenes a by-law of a municipality is guilty of an offence and, if the by-law imposes no other penalty, is liable on summary conviction to a fine of not more than $500. or to imprisonment for a term of not more than three months, or both.
Continuing offence
249(2) Where a contravention continues for more than one day, the person is guilty of a separate offence for each day it continues.
Disposition of fines
249(3) A fine imposed for contravening a by-law of a municipality must be paid to the municipality.
No comments:
Post a Comment