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By-law No. 2015-113 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-113 BEING A BY-LAW TO REGULATE, AND RESTRICT ANIMALS IN THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, 2001, as amended authorizes municipalities to pass by-laws regarding animals; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable to enact such a by-law; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: SHORT TITLE: This By-law may be cited as the `Animal Control By-law' SECTION 1 - DEFINITIONS For the purpose of this By-law: 1.1 Animal shall mean a domestic animal that has been tamed and kept by humans and has through selective breeding, become notably different from its wild ancestors, and includes an animal derived from self-sustaining captive populations, and shall include but not be limited to a dog. 1.2 Animal Rescue Facility shall mean a premises approved by site specific zoning to operate a dog rescue and adoption program at a specific property within the Municipality. 1.3 Assisting Agency shall mean a person, business, sanctuary, organization or agency acting under the direction of an Officer directly contributing tactical expertise or service resources to an Officer. 1.4 Council shall mean the Council of the Corporation of the Municipality of Bayham. 1.5 Dangerous Dog shall mean any dog: i. that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a human being or has demonstrated the propensity, tendency or disposition to do so; or ii. that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a domestic animal requiring the services and treatment of a veterinarian or has demonstrated the propensity, tendency or disposition to do so. 1.4 Dog shall mean a male or female dog. 1.5 Dwelling Unit shall mean one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such occupants, with a private entrance from outside the building or from a common hallway or stairway inside the building. 1.6 Enclosure shall mean an enclosed area of sufficient dimension and construction to provide humane shelter for an animal while preventing it from escaping and preventing the entry therein of supervised children. 1.7 Hamlet shall mean those urban areas designated as hamlets within the Official Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time. • 1.8 Kennel shall mean a lot, building, structure or establishment in which four (4) or more dogs, are housed, boarded or bred, and which may offer provisions for minor medical treatment; and which premises shall require a site specific zoning designation to allow for the use of a kennel. 1.9 Mitigating Factor shall mean a circumstance which excuses aggressive behaviour of a dog and without limiting the generality of the foregoing, may include circumstances where: i. the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a person or domestic animal; ii. the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal trespassing on the property of its owner, or iii. the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful trespass or other tort upon the premises occupied by the owner of keeper of the dog; iv. the dog was, at the time of the aggressive behaviour, being tormented. 1.10 Municipality shall mean the Corporation of the Municipality of Bayham. 1.11 Muzzle shall mean a humane fastening or covering device of adequate strength placed over a dog's mouth to prevent it from biting. 1.12 Officer shall mean a Municipal Law Enforcement Officer of the Municipality of Bayham, a Police Officer or a person who is appointed by Council or designate, whose duties include the enforcement of this By-law and shall include the Municipal Animal Control Officer. 1.13 Owner shall include a person who keeps, possesses or harbours a dog and where the owner is a minor, the person responsible for the custody of the minor. 1.14 Pound shall mean such premises and facilities designated by the Corporation of the Municipality of Bayham as the Municipal Dog Pound. 1.15 Pound Keeper shall mean a person or association appointed by the Corporation of the Municipality of Bayham to operate, maintain, and administer the Municipal Dog Pound. 1.16 Person shall include any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply. 1.17 Premises shall include the entire lot on which a dwelling may or may not be situated; or a dwelling unit within a multi-dwelling unit building, but does not include the common areas adjacent to a multi-dwelling unit unless those common areas are completely enclosed. 1.18 Restrained shall mean being kept inside a building or house or in an enclosure of sufficient dimension and strength to be humane and secure so as to prevent an animal from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the animal, or invitee of the owner, and includes keeping such animal securely on a leash of not more than two (2) meters in length when outside of such building, house or enclosure. 1.19 Running at large shall mean to be found in any place other than the premises of the owner and not under the physical control of any person by means of a leash. 1.20 Service Animal shall mean an animal used for a person with a disability: i. If it is a guide animal as defined in Section 1 of the Blind Persons Rights'Act; ii. If it is readily apparent that the animal is used by the person for reason relating to his disability; or iii. If the person provides a letter from a physician or nurse confirming that the person requires the animal for reason relating to the disability. (Accessibility for Ontarian with Disabilities Act, 2005 —O. Reg. 429/7 ss4(8) & (9) 1.21 Village shall mean those urban areas designated as villages within the Official Plan of the Municipality of Bayham, passed on July 5, 2001 and amended from time to time. SECTION 2 — GENERAL PROVISIONS 2.1 No person shall keep more than two (2) dogs in any one dwelling unit or on any premises within a hamlet or village. 2.2 No person shall keep more than three (3) dogs in any one dwelling unit or on any premises in all other areas of the Municipality, unless otherwise designated as a kennel. 2.3 Every person having control of an animal shall forthwith remove and sanitarily dispose of excrement left by the animal anywhere in the Municipality including on any highway, public park, or public area. 2.4 No person who owns, possesses or is in care and control of an animal shall permit an animal, of which that person is the owner, to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent. 2.5 No person who owns, possesses or is in care and control of an animal shall allow or permit an animal, of which that person is the owner, to run at large or fail to prohibit the animal from running at large, on any private property without the consent of the person apparently in possession or having ownership of the property or in a public place. 2.6 No person who owns, possesses or is in care and control of any animal shall permit said animal to enter upon the Municipal East Beach in Port Burwell at any time. 2.7 Notwithstanding Section 2.6 of this by-law dogs shall be permitted on the Municipal East Beach in Port Burwell: i. Anytime November— May ii. 8PM-8AM June - October 2.8 Any person who owns, harbours or possesses any animal shall not permit the animal to threaten, bite or attack any person; ii. threaten, bite or attack any animal; or iii. damage public or private property. 2.9 Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall ensure that the dog is re-immunized against rabies by the date specified in the certificate of immunization issued. At the request of an Officer, the owner of person having the care and custody of a dog shall provide a valid certificate verifying that said dog has been vaccinated against rabies. 2.10 All persons may privately initiate proceedings under the Dog Owners' Liability Act, R.S.O. 1990, which empowers individual residents, without municipal involvement, to rectify civil canine control issues. SECTION 3 - DANGEROUS DOGS 3.1 The decision to designate a dog a dangerous dog shall be at the sole absolute and unfettered discretion of an Officer following an investigation of an incident. 3.2 An Officer shall provide written notice to the owner of the dangerous dog outlining the required actions to be completed within a specified time period. i. Any such notice served by an Officer shall be provided by hand delivery or prepaid registered mail, and in the event of service by prepaid registered mail, shall be deemed received on the fifth (5th) working day after the date of mailing. ii. No person shall fail to comply with Section 3.2 of this by-law within the specified notice period. iii. After a dog is designated as a dangerous dog by an Officer, no owner shall fail to comply with the provisions of the dangerous dog designation as outlined within Section 3.3 of this By-law. 3.3 When a dangerous dog is off its owner's property the owner shall: ensure the dog is securely muzzled in a humane manner at all times; ii. ensure the dog is on a leash not longer than one (1) meter; and iii. ensure the dog is under the control of a person over the age of eighteen. 3.4 When a dangerous dog is on its owner's property the owner shall ensure the dog is securely confined within an enclosure that meets the following standards: shall be suitable to prevent the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dog. ii. must have minimum dimensions of two (2) meters and must have secure sides and secure top. iii. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than thirty (30) centimeters deep. iv. The enclosure shall also provide protection from the elements for the dog. v. The enclosure shall not be within three (3) meters of the property line or within three (3) meters of a neighbouring dwelling unit. 3.5 An owner of a dangerous dog shall obtain and maintain in force a policy of public liability insurance issued by an insurer licensed by the Province of Ontario providing third party liability coverage in an amount of not less than One Million ($1,000,000) Dollars for any damage or injury caused by such dangerous dog and provide the Municipality a certificate of such policy and each subsequent renewal thereof, such policy shall contain a provision requiring the insurer to immediately notify the Municipality should the policy expire, be cancelled or be terminated for any reason. 3.6 An owner of a dog which has been designated a dangerous dog pursuant to this by-law shall advise the Municipality immediately if he transfers ownership of such dog to another person, changes the address at which such dog is kept or has the dog euthanized, and shall furnish the Municipality with the particulars of the same and any other information which may be reasonably requested by the an Officer. 3.7 An Officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By-law are being complied with. 3.8 An Officer shall have the power to seize and impound any animal found within the Municipality contrary to the provisions of this By-law. 3.9 An Officer exercising the power to inspect, seize or impound pursuant to Section 3.7 and Section 3.8 of this by-law may be accompanied by an assisting agency acting under his direction. 3.10 All Dangerous Dogs designations shall be subject to the necessary provisions of the Statutory Powers Act. SECTION 4 - LICENSING 4.1 No person, who is residing temporarily or permanently, in the Municipality shall own, keep, possess or harbour a dog unless a license has been issued under this By-law. 4.2 Every license issued by the Municipality shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly. 4.3 All dogs shall be registered and license fees paid for on or before March 31st in each year or within fourteen (14) days from the date of which such dog is acquired, or is harboured or possessed by an owner within the Municipality. 4.4 The Municipality shall keep a record including the following dog license registration information: name, address, and telephone of dog owner; ii. serial number of tag; iii. date of registration; iv. description of dog including gender, color, breed, and name; v. amount of fee paid upon registration. 4.5 When the dog is not on the dog owner's premises, the tag shall be fixed securely on the dog for which it was issued at all times until such time as the tag is renewed or replaced. 4.6 Where a tag has been lost, one replacement tag shall be issued at no cost upon receipt of proof that the current year's license fee has been paid. Where second or subsequent tags have been lost, an application shall be made to the Municipality for a replacement tag and the replacement tag fee shall be paid. 4.7 No person shall transfer a license or tag issued by the Municipality from owner to another, or from one dog to another. 4.8 The license fees to be paid to the Municipality shall be as set out in Schedule "A" of this by- law and shall be reflected in the Municipal Rates & Fees By-law. SECTION 5 - KENNELS -ANIMAL RESCUE FACILITY 5.1 No person shall keep a dog kennel or animal rescue facility within the Municipality unless that use is permitted in the Municipal Zoning By-law through a site specific amendment unless existing prior to the effective date of Zoning By-law No. Z456-2003. 5.2 Every person shall obtain a kennel license from the Corporation before operating a kennel. 5.3 All applications for kennel licenses shall be accompanied by the following information: i. Name and address of kennel owner; ii. Type of breed of dogs housed, boarded, bred or raised; iii. Location of kennel; iv. Proof of approved site specific zoning to provide for kennel use for said location; v. Applicable fee. 5.4 The Municipality shall authorize, through site specific zoning, a person to operate an Animal Rescue Facility where such person has demonstrated he is operating a dog rescue and adoption program in good faith, a rescue program for a specific dog breed recognized by the Animal Pedigree Act (Canada), or a dog rescue and adoption program as a not-for-profit corporation and is registered with a recognized animal welfare organization and provides the Municipality a letter of reference signed by their primary veterinarian confirmed that he provides medical care for the animals in his rescue and adoption program. 5.5 The Municipality may renew the authority issued under Section 5.4 for a person to continue to operate an Animal Rescue Facility where the person has provided an annual report to the Municipality with information regarding the adoption of dogs, including the number of dogs adopted, who adopted the dog, address of the new owner and date the dog was adopted, and demonstrated he will continue to the meet the requirements under Section 5 of this by- law. 5.6 The person approved to operate an Animal Rescue Facility shall not be required to pay a license fee pursuant to the By-law for the first year, from the date of registration, a dog is harboured by or in possession of the approved Animal Rescue Facility and where the dog is harboured by or in the possession of the approved Animal Rescue Facility for the purpose of rescue and adoption. 5.7 Despite Section 5.6 where a person approved to operate an Animal Rescue Facility harbours or possesses a dog for the purpose of rescue and adoption for more than one year, from the date of registration, the person shall pay a license fee for such dog. SECTION 6 - IMPOUNDING 6.1 An Officer may seize and impound any dog found running at large contrary to the provisions of this Bylaw. 6.2 Every dog seized by an Officer shall be forthwith delivered to the Pound Keeper. 6.3 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such dog within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays, and days during which the pound is otherwise closed, upon paying the Municipality the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law. 6.4 Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound Keeper may retain the dog for such further time as he may consider proper and during that time the Pound Keeper may: sell the dog for such price as he may consider proper; ii. euthanize the dog; iii. dispose of the dog in accordance with the Animals for Research Act. 6.5 Where a dog that is captured or taken into custody is injured or in the opinion of the Pound Keeper, should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Officer or other trained person appointed by the Pound Keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale. 6.6 In the opinion of an Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, an Officer may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction. 6.7 Where a dog is captured or taken into custody, and the services of a veterinarian are secured by the Pound Keeper, the owner shall pay to the Municipality all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this By- law, whether the dog is alive, dies or is euthanized. 6.8 Every pound fee or other maintenance fee and license fee that is unpaid in whole or in part is a debt due to the Municipality and is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered. 6.9 Every pound fee or other maintenance fee and license fee expended by or on behalf of the Municipality under the authority of the By-law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in like manner a municipal taxes. 6.11 Where a dog is claimed from the Pound keeper, the owner shall provide proof of ownership of the dog, as well as proof of payment for a current dog license, and pay the Municipality the applicable maintenance fees prescribed, and any other damages, fines and expenses according to law prior to release of the dog. SECTION 7 - EXEMPTIONS 7.1 This by-law shall not apply to: i. an animal hospital, clinic or kennel, lawfully operated for the exclusive purpose of treating sick or injured animals, and supervised by a veterinarian who is a registered member of the Ontario Veterinary Association. ii. the Ontario Society for the Prevention of Cruelty to Animals. iii. animals maintained in a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other governmental authority. iv. Service animals v. animals maintained at a research facility registered under the Animals for Research Act. vi. Cats as the Municipality does not license cats and therefore ownership cannot accurately be determined. SECTION 8 -ADMINISTRATION AND ENFORCEMENT 8.1 Unless otherwise indicated, the administration of this By-law shall be assigned by Council to an Officer who may delegate the performance of his functions under this By-law from time to time as occasion requires. 8.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 8.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. SECTION 9 - PENALTIES 9.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. SECTION 10 -TRANSITION 10.1 Every license issued pursuant to By-law #2009-59, as amended, shall be deemed to be a license issued under this by-law and every such license shall continue to be valid until its normal date of expiry. 10.2 Every act taken pursuant to the predecessor to this by-law shall, as necessary, be deemed to have been taken pursuant to this by-law and every such act may be carried to its conclusion pursuant to the authority granted by this by-law. 10.3 If an act has been validly commenced pursuant to the predecessor to this by-law and authority for such act does not exist pursuant to this by-law then such act may be continued • to its conclusion and the portions of the predecessor to this by-law necessary to permit such act to be concluded shall be deemed to remain in effect for the purposes of bringing such act to a conclusion. SECTION 11 - REPEAL-ENACTMENT 11.1 By-law No. 2009-059, as amended by By-law No. 2009-136 and By-law No. 2013-045 shall be repealed in its entirety upon the passing of this by-law. 11.2 This By-law shall come into full force and effect on the date of its passing by Council. READ a FIRST, SECOND and THIRD TIME and finally passed this 5th day of November, 2015. %;;l PAUL ENS MAYOR LYNDA MILLARD CLERK The Corporation of the Municipality of Bayham Schedule 'A' BY-LAW NO. 2015-113 Schedule of License Fees Before March 31 After March 31 Licence Fee First Dog $30.00 $50.00 Second Dog $35.00 $50.00 Third Dog $40.00 $50.00 Service Animal* No Charge N/A Kennel Fee $125.00 $150.00 Set Fee Impound Actual Costs + 25% Fees Administration Fee Replacement First Tag $0.00 Tag _ Any Tag $15.00 Thereafter Discount Spay/Neuter** $5.00 Early $5.00 Payment*** *Service Animal'shall include: a. A `guide dog', as defined in Section 1 of the Blind Persons Rights'Act; or b. an animal used by a person with a disability if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or the person provides a letter from a physician or nurse practitioner confirming that the person requires the animal for reasons relating to the disability. (as per customer service standard) c. As defined within legislation **Spay& Neuter Discount provided upon receipt of veterinary documentation *** If paid prior to January 31. �� ': OFFICE OF THE REGIONAL SENIOR JUSTICE y„ s� � CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE .,E, I:T COUR DE JUSTICE DE L'ONTARIO WEST REGION REGION DE L'OUEST 80 DUNDAS STREET, 10'"FLOOR,UNIT L t """ "- 80,RUE DUNDAS, 10'ETAGE,UNITE L LONDON,ONTARIO NGA 6A8 LONDON(ONTARIO) NGA 6A8 TELEPHONE/TELEPHONE(519)660-2292 FAX/TELECOPIEUR(519)660-3138 June 23, 2016 Stephen H. Gibson 450 Sunset Dr. St. Thomas, ON N5R 5V1 Dear Mr. Gibson: Re: Set Fines - Provincial Offences Act - Part I By-law Number 2015-113 of the Municipality of Bayham Enclosed herewith is an original Order, and an original schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the copy of the Order and the schedule of set fines to the Provincial Offences Court in St. Thomas together with a copy of the By-law. Yours truly, /L4 Stephen J. Fuerth Regional Senior Justice West Region encl. /cb PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2015-113 of the Municipality of Bayham, attached hereto are the set fines for those offences. This Order is to take effect June 23, 2016. Dated at London this 23rd day of June, 2016. Stephen J. Fuerth Regional Senior Justice West Region Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2015-113 TITLE: Regulate and Restrict MUNICIPALITY OF BAYHAM Animals ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 1. Keep more than two (2) dogs within hamlet or village s. 2.1 $105.00 2. Keep more than three (3) dogs s. 2.2 $105.00 3. Fail to remove and sanitarily dispose of animal excrement s. 2.3 $105.00 4. Permit animal to enter on private property s. 2.4 $105.00 5. Allow animal to run at large on private property s. 2.5 $105.00 6. Permit animal to enter upon Municipal East Beach s. 2.6 $105.00 7. Permit animal to threaten, bite, or attack any person s. 2.8 (i) $305.00 8. Permit animal to threaten, bite, or attack any animal s. 2.8 (ii) $305.00 NOTE: The penalty provision(s)for the offence(s) indicated above is s. 9.1 of By-Law No. 2015-113, a certified copy of which by-taw has been filed. Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2015-113 TITLE: Regulate and Restrict MUNICIPALITY OF BAYHAM Animals ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 9. Permit animal to damage property s. 2.8 (iii) $305.00 10. Fail to immunize dog against rabies s. 2.9 $305.00 11. Fail to comply with notice of dangerous dog s. 3.2 (ii) $305.00 12. Fail to comply with provisions of dangerous dog designation s. 3.2 (iii) $305.00 13. Owner— Fail to muzzle dangerous dog s. 3.3 (i) $305.00 14. Owner— Fail to leash dangerous dog s. 3.3 (ii) $305.00 15. Owner— Fail to control dangerous dog by person over age of eighteen (18) years s. 3.3 (iii) $305.00 16. Owner— Fail to ensure dangerous dog is confined in enclosure s. 3.4 $305.00 NOTE: The penalty provision(s) for the offence(s) indicated above is s. 9.1 of By-Law No. 2015-113, a certified copy of which by-law has been filed. Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2015-113 TITLE: Regulate and Restrict MUNICIPALITY OF BAYHAM Animals ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 17. Owner of dangerous dog — Fail to obtain /maintain policy of insurance s. 3.5 $305.00 18. Owner of dangerous dog— Fail to provide certificate of policy of insurance s. 3.5 $305.00 19. Fail to notify of change of ownership of dangerous dog s. 3.6 $305.00 20. Fail to notify of change of address of dangerous dog s. 3.6 $305.00 21. Fail to notify of euthanization of dangerous dog s. 3.6 $305.00 22. Own, keep, possess, or harbor dog without a license s. 4.1 $105.00 23. Transfer dog license—Owner s. 4.7 $105.00 24. Transfer dog license— Dog s. 4.7 $105.00 NOTE: The penalty provision(s)for the offence(s) indicated above is s. 9.1 of By-Law No. 2015-113, a certified copy of which by-law has been filed. Part I Provincial Offences Act THE CORPORATION OF THE BY-LAW NO.2015-113 TITLE: Regulate and Restrict MUNICIPALITY OF BAYHAM Animals ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision Creating or Defining Set Fine Offence 25. Keep a dog kennel without permission s. 5.1 $305.00 26. Keep animal rescue facility without permission s. 5.1 $305.00 27. Fail to obtain kennel license s. 5.2 $305.00 28. Fail to pay dog license fee--animal rescue/adoption s. 5.7 $105.00 NOTE: The penalty provision(s)for the offence(s) indicated above is s. 9.1 of By-Law No. 2015-113, a certified copy of which by-law has been filed. .............................. ............