posted Jun 30, 2011 9:17 PM by T. O. Bruno
posted Jun 23, 2011 11:55 AM by T. O. Bruno
TOWN OF BRUNO
BYLAW NO. 11/2009
THE PRIVATE SWIMMING POOLS BYLAW
The Council of the Town of Bruno enacts: 1. This Bylaw may be cited as The Private Swimming Pools Bylaw. Purpose 2. The purpose of this Bylaw is: a) to control and regulate the construction, erection, maintenance, repair and demolition of private swimming pools; and b) to specify, regulate and enforce the use of safety measures in connection with private swimming pools. a) “Town” means the Town of Bruno; b) “horizontal structural member” means a main part of a fence to which other parts are attached and which runs parallel to grade; c) “occupant” includes a person residing at a property upon which a private swimming pool is situated or a person entitled to the property’s possession if there is no person residing there and a leaseholder; d) “owner” means a person who has any right, title, estate or interest in a property upon which a private swimming pool is situated; and e) “private swimming pool” means an artificially created basin, lined with concrete, fiberglass, vinyl or similar material, intended to contain water for the use of persons for swimming, diving, wading or other similar activity, which is at least 600 millimeters in depth, and includes pools situated on top of the ground and hot tubs. The Private Swimming Pools Bylaw This Bylaw applies to all private swimming pools constructed after the final passage of this Bylaw. (1) A person must obtain a building permit from the Town prior to the construction, erection or demolition of a private swimming pool. In order to obtain a building permit, a person must file with the Town a site plan and pool specifications. (1) Every private swimming pool must be enclosed in accordance with this Section. (2) The enclosure must be built prior to the swimming pool being filled with water. (3) The enclosure must be properly maintained to comply with this Bylaw at all times. (4) The enclosure must meet the following minimum standards: the enclosure must have a minimum height of 1.5 meters measured on the exterior, or non-pool, side from the top of the enclosure to the nearest platform, deck or grade; b) the enclosure must not contain any gaps or openings which exceed 20 millimeters measured horizontally from one side of the gap or opening to the other; and c) notwithstanding subsection 6(4)b) of this Bylaw, if a fence forms part of an enclosure, the following will apply: (i) parallel horizontal structural members, the tops of which are at least 1100 millimeters apart, as illustrated in the following diagram, may be located on the outside or non-pool side of the fence; The Private Swimming Pools Bylaw (ii) parallel horizontal structural members, the tops of which are less than 1100 millimeters apart, must be on the inside or pool side of the fence; (iii) gaps of up to 100 millimeters are permitted between vertical fence boards or other vertical structural members if parallel horizontal structural members are spaced at least 1100 millimeters apart; where diagonal structural members are used, they must be on the inside or pool side of the fence and gaps between the vertical members must not exceed 20 millimeters; and if the fence is chain link, the mesh size must not exceed 50 millimeters and the wire core must not be less than 11 gauge. Gates And Self-Closing Devices 7. (1) A gate which forms part of an enclosure must comply with the following: (a) a gate must comply with the requirements for fences in Section 6(4) of this Bylaw; (b) all gates must be installed to swing outward in the direction away from the swimming pool; (c) all gates must be equipped with a self-closing device designed to return the gate to the closed position after each use, a self-latching device designed to hold the gate in the closed position after each use, and a locking device; (d) the self-closing device, the self-latching device and the locking device The Private Swimming Pools bylaw must be maintained in working order at all times; and (e) all gates must be anchored to fixed posts or secure structures on both the hinge and latch sides. 8. When a swimming pool is not attended by the owner or occupant, gates, doors and other entrances to the swimming pool area must be locked. 9. In the case of a private swimming pool which is a hot tub the requirements of Section 5, 6, 7, and 8 of this Bylaw do not apply if all of the following provisions are complied with: (a) the hot tub does not exceed 2.4 meters across the widest portion of the water surface; (b) the hot tub has a cover with the strength to support the weight of an adult walking across the top; (c) the hot tub has a lockable device to prevent access to the water by unauthorized persons; and (d) the cover is maintained in place and locked at all times when the hot tub is unsupervised. 10. (1) Within the enclosure, a swimming pool must have a properly maintained access walkway around the swimming pool with a minimum width of 750 millimeters. The walkway must be within 1200 millimeters of the top of the swimming pool. 11. The owner or occupant must have the following equipment present at the swimming pool at all times: (a) a reaching pole of sufficient length to reach mid-pool; (b) a first aid kit; and The Private Swimming Pools Bylaw c) a buoy and rope of sufficient length to reach across the swimming pool. (1) A swimming pool must have a discharge system which allows the swimming pool to drain into the sanitary sewer of the property upon which the swimming pool is located and which complies with all relevant legislation governing plumbing and drainage. The rate of discharge must not exceed 90 liters a minute. (2) No person shall drain the water of a swimming pool into any adjacent public or private property or any street, lane or walkway. (1) Every person who contravenes a provision of this Bylaw is guilty of an offence and liable on summary conviction to a minimum fine of $100.00 and a maximum fine of $1,000.00. (2) A conviction for a contravention of any provision of this Bylaw does not relieve the person convicted from complying with this Bylaw, in addition to the fine imposed, order the person to do any act or work, within a specified time, to comply with the Bylaw. This Bylaw comes into force on the day of its final passing. Certified a true copy of bylaw number #11/09 adopted by resolution on the 15th day of June 2009 |
posted Jun 23, 2011 11:53 AM by T. O. Bruno
[
updated Jun 23, 2011 12:00 PM
]
TOWN
OF BRUNO
Bylaw #03/04
A BYLAW OF THE
TOWN OF BRUNO IN THE PROVINCE OF SASKATCHEWAN TO PROVIDE A WASTE
MANAGEMENT PROGRAM FOR THE RESIDENTS OF
BRUNO FOR THE HANDLING OF
WASTE MATERIAL.
The Council of the Town of Bruno in the Province of
Saskatchewan enacts as follows:
SHORT TITLE:
1.
This Bylaw shall be
cited as “The Waste Management Bylaw”.
DEFINITIONS:
“Bag
and Tag Program” means the waste material collection system established
pursuant to this bylaw where residents and businesses are required to prepay
for tags and fasten the tags to their waste receptacles, bags of garbage or
waste items in order to have waste material removed by the municipality or
designate.
(b)
“Compost Material” means
garden waste, grass clippings, leaves, twigs, fruit, vegetables and other
vegetative matter but does not include branches, trees or household waste.
(c) “Council”
means the Council of the Town of Bruno.
(d) “Designated
REACT Tag” means a tag issued by REACT for the purpose of implementing the Bag
and Tag Program.
(e)
“Hazardous Waste” means
oils, fuels, lubricants, antifreeze, oil base paints, solvent cleaners,
herbicides, pesticides, insecticides or noxious chemicals, containers for
herbicides, pesticides, insecticides or noxious chemicals and any other
material or element that is considered harmful to the environment. Soil or materials contaminated with any
of the above is also considered hazardous waste.
(f)
“Household Waste”
includes food scraps, packaging and general household waste that can not be
recycled and is not considered hazardous to the environment.
(g)
“Municipality” means
the
RM
of
Bayne
.
“REACT”
- Regional Authority which handles and disposes of waste material.
(h)
“Recyclables” means any
items or material that can be diverted from the waste stream and sorted for
reuse or reprocessing as designated in Schedule “A”.
(i)
“Recycling Depot” means
an area designated where bins are provided for the deposit of recyclables and
marked with the REACT Recycling Logo.
(j)
“Recycling Program”
means opportunities provided locally by the municipality or approved by the
municipality that diverts recyclables from the waste stream.
(k)
“Refuse” means carcasses
of animals and all filth, manure, offal and related Items.
(l)
“Regional Waste
Management Area” hereinafter referred to as “RWMA” means the NE ¼ Section 1,
Township 37, Range 23, West of the 2nd Meridian and the North ½ of
the SW Section35, Township 41, Range26, West of the 2nd Meridian and
any REACT transfer site designated for the handling and disposal of waste
material.
(m)
“Rubble” means broken
cement, pavement, rock, bricks or similar items.
(n)
“Virgin Wood” means
branches, trees, lumber scraps or any other wood product that is still in an
untreated or unprocessed form or is considered to be in its basic natural wood
form.
(o)
“Waste materials” means
all those materials not included within the definition of recyclable and
compost material.
(p)
“White Metals” means
appliances, water heaters and softeners, furnaces and similar household
equipment.
PREPARATION
OF WASTE MATERIAL FOR COLLECTION
3. Residents
are encouraged to remove all recyclables covered by the municipality’s
recycling program from their waste stream and deposit them at the
municipality’s recycling depot.
4.
Waste materials being
accumulated and stored for the purpose of being collected and taken to the RWMA
by the municipality or designated shall be:
(a)
clearly divided between
household waste and compost material as to accommodate separate collection of
each and only these two classes of waste material shall be collected for
removal by the municipality.
(b)
In the case of household
waste, kept in plastic or metal waste receptacles or tied plastic bags not exceeding 17 gallons
by volume
(c)
In the case of compost
material, segregated from all the waste material and kept loose or in a clear
plastic bag not exceeding 17 gallons by volume.
(d)
Drained of liquid before
placed in receptacle.
5. (a) Subject
to subsection (b), all receptacles, plastic bags or items of waste to be removed by the municipality shall
have a designated REACT tag affixed to them in a clearly recognizable
manner. The REACT tags shall be
purchased in advance from designated retail outlets at a cost as set out by
resolution of REACT.
(b)
Compost material
separated from all other waste material and separately placed in its own
receptacle shall not require a designated municipal tag for removal by the
municipality.
(c)
REACT shall sell
designated REACT tags to various outlets to resell to the general public. The retail outlets shall pay REACTS for
the designated tags when provided at a cost determined by resolution of REACT.
6. Containers for
reception of waste material shall be:
(a) except
during periods of front street collection waste containers must be securely
placed on a stand or hanger in a manner that will preclude it from being
ravaged by animals.
(b) kept in a convenient place for
removal by an authorized person.
(c) Maintained in a serviceable and
sanitary condition.
(d) Placed on the front street on
the day of pick-up during periods of front
street collection.
7. Council may order a person to obtain or provide a
proper waste receptacle or stand and if that person fails to comply with the
order within the specified time set out in the order, Council may provide such
receptacle or stand at the expense of that person.
BURNING OF WASTE MATERIAL
8. Subject to Section 9, the burning of any waste
material is strictly prohibited within the municipality.
9. No person shall start the burning of straw, weeds,
leaves, grass, wood or other flammable material or fire a stubble field unless
a permit has been obtained from the Fire Chief or person appointed by
Council. No such permit shall be
issued unless the applicant can prove its necessity and undertake to see that
the fire is kept under control at all times by methods approved by the person
issuing the permit.
REMOVAL OF WASTE MATERIAL:
10. Waste material may be removed to the RWMA by:
(a)
an employee of the
municipality
(b)
an employee of REACT
(c)
a person who has
contracted with the municipality for the purpose of waste removal; or
(d)
a person having received
permission from the municipality
11. The owner /occupant or their designate may remove waste
material to the RWMA during normal hours of operation providing they adhere to
the fees and regulations governing the RWMA.
12. The municipality may remove free of charge garden
waste providing it is conveniently stockpiled in an accessible area in the back
alley.
13. Council may designate by resolution the days when
various types of different classes of waste material shall be collected.
14. The municipality reserves the right to refuse to
collect for removal any of the following waste:
(a)
any receptacle, plastic
bag or waste item that does not have a designated municipal tag affixed to it
as required under Section 5(a)
(b)
any receptacle that does
not have compost material separated from household waste
(c)
any receptacle or waste
item that is considered oversized or overweight
(d)
branches and trees
(e)
hazardous waste
(f)
any waste material or
item not accepted at the RWMA
(g)
any other waste material
or item that could be considered unsuitable for collection.
15. The municipality reserves the right to return to the original
owner any waste that is later determined to be hazardous or inappropriate for
handling by the municipality or to recover costs from the owner for its proper
disposal.
16. It is the responsibility of the owner or occupant to
ensure that any land or building is kept tidy including the accumulation of
waste material. Where it is
determined by the municipality that an owner or occupant is not adequately
providing for the removal of waste material and the land has subsequently
become untidy or unsightly, the municipality shall proceed under Section 130 of
The Urban Municipality act, 1984 to remedy the untidiness or unsightliness and
the cost of such work shall be added to and become part of the taxes on the
land which the work was done.
17. The following practices are strictly prohibited:
(a)
The dumping of waste
material by an individual or corporation on any property within the
municipality, whether public or private.
(b)
The dumping of waste
material by an individual or corporation in the vicinity of the recycling depot
or the dumping in the recycling bins of waste material that is not designated
for recycling in the municipality’s recycling program.
VIOLATIONS AND PENALTIES:
18. Any person who contravenes any of the provisions of
this bylaw is guilty of an offense and liable for the penalties provided by the
General Penalty Bylaw unless specific penalties are provided for in this Bylaw.
19. a) Anyone
found tampering with a designated REACT tag affixed to another person’s waste
receptacle or garbage bag or attempts in any manner to counterfeit or use
counterfeit municipal tags is guilty of an offense and liable to a fine of
$100.00. b) Notwithstanding the provisions of Section 19(a) above,
if the said fine is paid within 72 hours from the date of the ticket being
issued, the penalty shall be $50.00 rather than the fine as indicated above.
20. A
person who contravenes any provisions of Sections 8 or 9 as it pertains to any
waste material other than hazardous waste is guilty of an offense and upon
summary conviction shall be liable to a penalty.
21.a) A
person who contravenes any provision of Section 17 is guilty of an offense and
shall be liable to a fine of $100.00.
b) Notwithstanding the provisions of Section 21 (a)
above, if the said fine is paid within 72 hours from the date of the ticket
being issued, the penalty shall be $50.00 rather than the fine as indicated
above.
22.
In addition to any
penalty levied under this bylaw or the General Penalty Bylaw, the offender
shall also be responsible for all costs incurred to rectify any damage or
untidiness created by their offense.
23.a) Where
any person has committed or is alleged to have committed a breach of any of the
Sections of this Bylaw, a ticket in a form to be approved by Council may be
served on such person. Such person
may pay to the Town or Rural Administrator in the Town/Rural Office. Upon
receipt of appropriate payment of the penalty as provided in this Bylaw prior
to any legal action commencing, there will be no prosecution respecting the
alleged violation.
b) Service of such ticket may be made by attaching same
to the front door of the residence in respect of which an offence has been
committed or by mailing such ticket addressed to the assessed owner of the land
concerned, or by personal service on the person who has committed the offence.
ALL TO COMPLY
A
person who contravenes any of the provisions of this Bylaw or fails to
comply therewith or with any notice given thereunder shall commit an offence
and be liable to the penalty as herein provided.
REPEAL BYLAWS:
25. Bylaw No. 4/96 is hereby
repealed.
EFFECTIVE DATE:
26. This Bylaw shall come into force and
have effect from the date of final reading.
INTRODUCED AND READ A FIRST
TIME THIS 15th day of November, 2004.
READ A SECOND TIME THIS 15th day of
November, 2004.
READ A THIRD AND FINAL TIME
THIS 15th day of
November.
SCHEDULE
“A’
Pursuant to Section 2 (h) of
Bylaw No.
Recyclable Material:
1) Newsprint
- newspaper/flyers
2) Glossy Paper
- glossy or shiny paper
- magazines, catalogues and some brochures
3) High-grade Paper
- white bond paper, loose-leaf, photocopy, typing,
writing or laser printer paper
- plain white envelopes including window envelopes
- Colored bond paper, file folders, carbonless forms,
fax paper, post-it notes, telephone message pads, etc.
- colored or brown envelopes
4) Box Board/Cardboard Boxes
- any type of box board, example: cereal boxes, cracker boxes, cookie
boxes, detergent boxes, milk cartons
- sugar and flour bags, brown paper bags
- any corrugated or cardboard boxes
5) Glass Containers
- All
glass containers regardless of color
6) Tin Cans
-all
tin cans or metal lids from other containers
|
posted Jun 23, 2011 11:48 AM by T. O. Bruno
BYLAW #7/08
A BYLAW OF THE TOWN OF BRUNO RESPECTING BUILDINGS
The council of the Town of Bruno in the Province of
Saskatchewan enacts as follows:
SHORT TITLE
1. This
bylaw may be cited as the Building Bylaw.
INTERPRETATION/LEGISLATION
2. (1)
Act” means The
Uniform Building and Accessibility Standards Act
Chapter being U-1.2 of the
Statutes of Saskatchewan, 1983-84 and amendments.
(2) Administrative
Requirements” means The Administrative Requirements for Use with The National
Building Code.
(3) Authorized
representative” means a building official appointed by the local authority
pursuant to subsection 5(4) of the Act or the municipal official.
(4) Local authority” means the Town of
Bruno.
(5) Regulations” means regulations made pursuant
to the Act.
(6)
Definitions contained in the Act and Regulations shall apply in this bylaw.
SCOPE OF THE BYLAW
3. (1) This bylaw
applies to matters governed by the Act and the Regulations,
including the National Building
Code of Canada, and the Administrative Requirements.
(2) Notwithstanding
subsection (1), references and requirements in the Administrative Requirements
respecting matters regulated by the Act and Regulations shall not apply.
(3) Notwithstanding
subsection (1), references and requirements in the Administrative Requirements
respecting “occupancy permits” shall not apply except as and when required by
the local authority or its
authorized
representative.
GENERAL
4. (1) A permit is
required whenever work regulated by the Act and Regulations
is
to be undertaken.
(2) No owner
or owner’s agent shall work or authorize work or allow work to proceed on a
project for which a permit is required unless a valid permit exists for the
work to be done.
(3) The granting of any permit that is
authorized by this bylaw shall not:
(a) entitle the
grantee, his successor or assigns, or anyone on his behalf to erect any
building that fails to comply with the requirements of any building restriction
agreement, bylaw, act and/or regulation affecting the site described in the
permit, or
(b) make either the
local authority or its authorized representative liable for damages or
otherwise by reason of the fact that a building, the construction, erection,
placement, alteration, repair, renovation, demolition, relocation, removal, use
or occupancy of which has been authorized by permit, does not comply with the
requirements of any building restriction agreement, bylaw, act
and/or regulation
affecting the site described in the permit.
BUILDING PERMITS
5. (1) Every application
for a permit to construct, erect, place, alter, repair,
renovate or reconstruct a building
shall be in Form A, and shall be accompanied by two sets of the plans and
specifications of the proposed building, except that when authorized by the
local authority or its authorized representative plans and/or specifications
need not be submitted.
(2) If the
work described in an application for building permit, to the best of the
knowledge of the local authority or its authorized representative, complies
with the requirements of this bylaw, the local authority, upon receipt of the
prescribed fee, shall issue a permit in Form B and return one set of submitted
plans to the applicant.
(3) The local
authority may, at its discretion, have plan review, inspection and other
services for the purpose of enforcement of the Act and Regulations provided by
building officials designated by the minister to assist the local authority
pursuant to subsection 4(4) of the Act.
(4) The local
authority may, at its discretion, have plan review, inspection and other
services provided by a person, firm or corporation employed under contract to
the local authority.
(5) The
permit fee for construction, erection, placement, alteration, repair,
renovation or reconstruction of a building shall be based on the following fee
schedule.
$20.00 for
the first $1000.00 of construction value
$5/1000
thereafter up to a $500,000 of construction value
$2/1000 for any portion of the
construction value of $500,000 or more
(6) The local
authority may estimate the value of construction for the work described in an
application for building permit, for the purpose of evaluating a permit fee,
based on established construction costs,
owner’s statement of costs or
constructor’s contract values, or similar methods selected by the local
authority.
(7) Approval in
writing from the local authority or its authorized representative is required
for any deviation, omission or revision to work for which a permit has been
issued under this section.
(8) All permits issued under this section
expire
(a) six months from date of issue
if work is not commenced within that period, or
(b) if work is
suspended for a period of six months, or
(c) if work is suspended for a
period of longer than six months by prior written agreement of the local
authority or its authorized representative.
(9) The local
authority may, at its discretion, rebate a portion of a permit fee where work
is reduced in scope or discontinued, or where other exceptional circumstances
occur.
DEMOLITION OR REMOVAL PERMITS
6. (1) (a) The fee for a
permit to demolish or remove a building shall be as
follows: Residential Proprieties – house $500.00
- garage or out building
$25.00
Commercial Properties – $1000.00
Elevators or Railway - $15,000.00 -
(b) (i) In addition, the applicant
shall deposit with the local authority the following sum to cover the cost of
restoring the site after the building has been demolished or removed to such
condition that it is, in the opinion of the local authority or its authorized
representative, not dangerous to public safety.
One
or Two unit dwelling - $4000
Other
building under 1000 sq ft - $2000
Other
buildings over 1001 sq ft - $5000
Garages which supplied fuel/oil
products must provide a bond which would equal the amount of an environmental
clean up.
(ii) If the applicant who
demolishes or removes the building restores the site to a condition
satisfactory to the local authority or its authorized representative, the sum
deposited, or portion thereof, shall be refunded.
(2) Every application
for a permit to demolish or remove a building shall be in Form C.
(3) Where a building
is to be demolished and the local authority or its authorized representative is
satisfied that there are no debts or taxes in arrears or taxes outstanding with
respect to the building or
land on which the building is
situated, the local authority, upon receipt of the fee and deposit prescribed,
shall issue a permit for the demolition in Form D.
(4) Where a building
is to be removed from the local authority, and the local authority or its
authorized representative is satisfied that there are no debts or taxes in
arrears or taxes outstanding with respect to the building or land on which the
building is situated, the local authority, upon receipt of the fee and deposit
prescribed, shall issue a permit for the removal in Form D.
(5) (a) Where a
building is to be removed from its site and set upon another site in the local
authority, and the local authority or its authorized representative is
satisfied that there are no debts or taxes in
arrears or taxes outstanding with
respect to the building or land on which the building is situated, and the
building when placed on its new site and completed, to the best of the
knowledge of the local authority or its authorized representative, will conform
with the requirements of this bylaw, the local authority, upon receipt of the
fee and deposit prescribed, shall issue a permit for the removal in Form D.
(b) In addition, the local
authority, upon receipt of the fee prescribed in Section 5(5), shall issue a
permit for the placement of the building in Form B.
(6)
All permits issued under this section expire six months from
the date of issue except that a permit may be renewed for six months upon
written application to the local authority.
ENFORCEMENT OF BYLAW
7. (1)
If any
building or part thereof or addition thereto is constructed,
erected, placed, altered,
repaired, renovated or reconstructed in contravention of any provision of this
bylaw, the local authority or its authorized representative may take any
measures as permitted by Part V of the Act for the purpose of ensuring
compliance with this bylaw including, but not limited to:
(a) entering a
building,
(b) ordering
production of documents, tests, certificates, etc.
relating to a
building,
(c) taking
material samples,
(d) issuing notices to owners that
order actions within a prescribed
time,
(e) eliminating
unsafe conditions,
(f) completing
actions, upon an owner's non-compliance with an
order, and adding the expenses
incurred to the tax payable on the property, and
(g) obtaining
restraining orders.
(2) If any
building, or part thereof, is in an unsafe condition due to its faulty
construction, dilapidated state, abandonment, open or unguarded condition or
any other reason, the local authority or its
authorized representative may take
any measures allowed by subsection (1).
(3) The owner
of a building for which a permit has been issued or for which actions are being
taken in compliance with an order shall give notice in writing to the local
authority as required in Section 17.2 of the Act including, but not limited to:
(a) on start,
progress and completion of construction,
(b) of change in
ownership prior to completion of construction, and
(c) of intended partial occupancy
prior to completion of construction.
SPECIAL CONDITIONS
8. (1)
Notwithstanding
the requirements of the Regulations, an architect or professional engineer
registered in the province of Saskatchewan shall be engaged by the owner for
assessment of design and inspection of construction or certification of a building
or part of a building where required by the local authority or its authorized
representative.
(2) An up-to-date
plan or survey of the site described in a permit or permit application prepared
by a registered land surveyor shall be submitted by the owner where required by
the local authority or its
authorized
representative.
(3) It shall be the
responsibility of the owner to ensure that change in property lines and/or
change in ground elevations will not bring the building or an adjacent building
into contravention of this bylaw.
(4)
It shall be the responsibility of the owner to arrange for all
permits, inspections and certificates required by other applicable bylaws, acts
and regulations.
PENALTY
10. (1)
Any person who contravenes any of the provisions of this bylaw shall be liable
to the penalties provided in Section 22 of the Act.
(2) Conviction of a person or
corporation for breach of any provision of this bylaw shall not relieve him
from compliance therewith.
BYLAW REPEALED
11. That Bylaw 03/08
is hereby repealed.
Enacted
pursuant to Section 14 of
The Uniform
Building and Accessibility
Standards Act
Certified a true copy of bylaw number
#7/08 adopted by resolution on the 21th day
of July 2008
|
posted Jun 23, 2011 11:41 AM by T. O. Bruno
[
updated Jun 27, 2011 5:50 PM
]
TOWN OF
BRUNO
Nuisance
Abatement Bylaw
BYLAW #
5/05
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The council for the Town of
Bruno in the Province of Saskatchewan enacts as follows:
Short Title
1. This Bylaw may be
cited as The Nuisance Abatement Bylaw.
Purpose
2. The purpose of this
Bylaw is to provide for the abatement of nuisances, including
property,
activities, or things that adversely affect:
a)
the safety, health or welfare of people in the neighbourhood;
b)
people’s use and enjoyment of their property; or
c)
the amenity of a neighbourhood.
Definitions
3. In this Bylaw:
a)
“Designated Officer” means an employee or agent of the Municipality appointed
by Council to act as a municipal inspector for the purposes of this Bylaw;
b)
“building” means a building within the meaning of The Municipalities
Act;
c)
“Municipality” means the Town of Bruno;
d)
“Council” means the Council of the Town of Bruno;
e)
“junked vehicle” means any automobile, tractor, truck, trailer or other
vehicle
that
i) either:
(1) has no valid license plates attached to it; or
(2) is in a rusted, wrecked, partly wrecked, dismantled, partly
dismantled,
inoperative or abandoned condition; and
ii) is located on private land, but that:
(1)
is
not within a structure erected in accordance with any Bylaw
respecting the
erection of buildings and structures in force within the
Municipality;
and
(2) does not form a part of a business enterprise lawfully being
operated on that land;
f) “nuisance” means a
condition of property, or a thing, or an activity, that
adversely affects or may
adversely affect:
i) the safety, health or welfare of people in the neighbourhood;
ii) people’s use and enjoyment of their property; or
iii) the amenity of a neighbourhood and includes:
i) a building in a ruinous or dilapidated state of repair;
ii)
an unoccupied building that is damaged and is an imminent
danger to public safety;
iii) land that is overgrown with grass and weeds;
iv) untidy and unsightly property;
v) junked vehicles; and
vi) open excavations on property;
g) “occupant” means an occupant as defined in The Municipalities
Act;
h) “owner” means an owner as defined in The Municipalities
Act;
i) “property” means land or buildings or both;
j)
“structure” means anything erected or constructed, the use of which
requires
temporary or permanent location on, or support of, the soil, or attached to something
having permanent location on the ground or soil; but not including pavements, curbs, walks or open air
surfaced areas.
Responsibility
4. Unless otherwise
specified, the owner of a property, including land, buildings and
structures,
shall be responsible for carrying out the provisions of this Bylaw.
Nuisances Prohibited
Generally
5. No
person shall cause or permit a nuisance to occur on any property owned by that person.
Dilapidated Buildings
6. Notwithstanding
the generality of Section 5, no person shall cause or permit a
building
or structure to deteriorate into a ruinous or dilapidated state such that the
building
or structure:
a)
is dangerous to the public health or safety;
b)
substantially depreciates the value of other land or improvements in the
neighbourhood; or
c)
is substantially detrimental to the amenities of the neighbourhood.
Unoccupied Buildings
7. Notwithstanding
the generality of Section 5, no person shall cause or permit an
unoccupied
building to become damaged or to deteriorate into a state of disrepair
such
that the building is an imminent danger to public safety.
Overgrown Grass and
Weeds
8. Notwithstanding
the generality of Section 5, no owner or occupant of land shall cause or permit
the land to be overgrown with grass or weeds.
9. For the purposes of this
section, “overgrown” means in excess of 0.20 metres in
height.
10. This
section shall not apply to any growth which forms part of a natural garden that
has been deliberately planted to produce ground cover, including one or more
species of wildflowers, shrubs, perennials, grasses or combinations of them,
whether native or non-native, consistent with a managed and natural landscape
other than regularly mown grass.
Untidy and Unsightly
Property
11. Notwithstanding
the generality of Section 5, no person shall cause or permit any land or
buildings to become untidy and unsightly.
Junked Vehicles
12. Notwithstanding
the generality of Section 5, no person shall cause or permit any
junked
vehicle to be kept on any land owned by that person.
Open Excavations
13. Notwithstanding
the generality of Section 5, no person shall cause or permit any
basement,
excavation, drain, ditch, watercourse, pond, surface water, swimming pool or
other structure to exist in or on any private land or in or about any building
or structure which is dangerous to the public safety or health.
Maintenance of Yards
14. Notwithstanding
the generality of section 5, no person shall cause or permit on any property
owned by that person:
a)
an infestation of rodents, vermin or insects;
b)
any dead or hazardous trees; or
c)
any sharp or dangerous objects.
Outdoor Storage of
Materials
15. Any
building materials, lumber, scrap metal, boxes or similar items stored in a
yard shall be neatly stacked in piles and elevated off the ground so as not to
constitute a nuisance or harborage for rodents, vermin and insects.
16. Materials referred to in
Section 15 shall be elevated at least 0.15 metres off the
ground
and shall be stacked at least 3.0 metres from the exterior walls of any
building and at least 1.0 metre from the property line.
Refrigerators and
Freezers
17. Any
refrigerator or freezer left in a yard shall first have its hinges, latches,
lid, door or doors removed.
Fences
18. Fences shall be maintained in a safe
and reasonable state of repair.
Enforcement of Bylaw
19. The administration and enforcement of
this Bylaw is hereby delegated to the
Administrator.
20. The Administrator of the Town of Bruno
is hereby authorized to further
delegate
the administration and enforcement of this Bylaw to a
Designated
Officer.
Inspections
21. The inspection of property by the
Municipality to determine if this Bylaw is being
complied
with is hereby authorized.
22. Inspections
under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act.
23. No person shall obstruct a Designated
Officer who is authorized to conduct an
inspection
under this section, or a person who is assisting a Designated Officer.
Order to Remedy
Contraventions
24. If
a Designated Officer finds that a person is contravening this Bylaw, the
Designated Officer may, by written order, require the owner or occupant of the
property to which the contravention relates to remedy the contravention.
25. Orders
given under this Bylaw shall comply with Section 364 of The Municipalities Act.
26. Orders
given under Bylaw shall be served in accordance with Section 390(1)(a), (b) or
(c) of The
Municipalities Act.
Registration of
Notice of Order
27. If
an order is issued pursuant to Section 24, the Municipality may, in accordance
with Section 364 of The Municipalities Act, give notice of the existence of the order by registering an
interest against the title to the land that is the subject of the order.
Appeal of Order to
Remedy
28. A person may appeal an order made
pursuant to Section 24 in accordance with
Section
365 of The
Municipalities Act.
Municipality
Remedying Contraventions
29. The Municipality may, in accordance
with Section 366 of The Municipalities Act,
take
whatever actions or measures are necessary to remedy a contravention of this
Bylaw.
30. In an emergency, the Municipality may
take whatever actions or measures are
necessary
to eliminate the emergency in accordance with the provisions of Section 367 of The Municipalities
Act.
Recovery of Unpaid
Expenses and Costs
31. Any unpaid expenses and costs incurred
by the Municipality in remedying a
contravention
of this Bylaw may be recovered either:
a)
by civil action for debt in a court of competent jurisdiction in accordance
with
Section
368 of The
Municipalities Act; or
b)
by adding the amount to the taxes on the property on which the work is done in
accordance
with Section 369 of The Municipalities Act.
Offences and
Penalties
32. No person shall:
a)
fail to comply with an order made pursuant to this Bylaw;
b)
obstruct or interfere with any Designated Officer or any other person acting
under the authority of this Bylaw; or
c)
fail to comply with any other provision of this Bylaw.
33. A Designated Officer who has reason to
believe that a person has contravened any
provision
of this Bylaw may serve on that person a Notice of Violation, which Notice of
Violation shall indicate that the Municipality will accept voluntary payment in
the sum of $ 200.00 to be paid to
the Municipality within 5 working days.
34. Where
the Municipality receives voluntary payment of the amount prescribed under Section
33 within the time specified, the person receiving the Notice of Violation shall
not be liable to prosecution for the alleged contravention.
35. Payment
of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 24 of this Bylaw.
36. Every
person who contravenes any provision of Section 32 is guilty of an offence and liable
on summary conviction:
a)
in the case of an individual, to a fine of not more than $10,000;
b)
in the case of a corporation, to a fine of not more than $25,000; and
c)
in the case of a continuing offence, to a maximum daily fine of not more than
$2,500
per day.
Coming Into Force
37. This Bylaw shall come into force on
the day of its final passing.
|
posted Jun 23, 2011 11:34 AM by T. O. Bruno
[
updated Jun 23, 2011 11:52 AM
]
TOWN OF BRUNO
BYLAW # 05/07
A BYLAW TO CLASSIFY,
REGULATE AND LICENCE ANY BUSINESS, TRADE OR CALLING NOT ASSESSABLE FOR THE
PURPOSE OF BUSINESS TAXATION IN RESPECT TO THEIR BUSINESS, TRADE OR CALLING,
PURSUANT TO SECTION 9 OF THE MUNICIPALITIES ACT.
The
Council of the Town of Bruno enacts as follows:
1. This Bylaw shall be known as the “General Licensing Bylaw”.
2. In this Bylaw, the
expression:
“business”, “premises”, shall have the same meaning as given them in The
Municipalities Act.
“Contractor” means and includes any person or persons who contract or
covenant to do anything for another specifically, or who makes a business of
executing work according to contract.
“Council” shall mean and include the Council of the Town of Bruno, in
the Province of Saskatchewan.
“Home-Based Business” means a business whose premises are located on
land or within a building where the land or building is primarily used for
residential purposes.
“Licensee” shall mean and include any person who has been issued and holds
a valid and subsisting license under the provisions of this Bylaw.
“License Inspector” shall mean the person so appointed under this Bylaw
and shall include his or her designates, if any, and anyone acting as such
during his or her absence from duty for any cause.
“Municipality” or “Town” shall mean the Town of Bruno, in the Province
of Saskatchewan.
“Person” shall mean and include an individual, a group of two or more
individuals, and a corporation.
“Petty Trade” shall mean any business with gross revenues of less than
$5,000.00 per annum.
“transient Trader” means a person carrying on business in an urban
municipality who:
1)
offers goods or merchandise for sale
by retail or auction; or
2)
solicits any person who is not a
wholesaler or retail dealer for orders for the future delivery of goods or
merchandise; but does not include a person: who is required to be licensed
pursuant to The Direct Sellers Act; or who conducts business from land and
improvements in the Municipality which are owned by the person and which are
assessed for the purposes of taxation by the Municipality.
3. Persons required
to be licensed under the provisions of this
Bylaw are:
(1) All persons carrying out business within the
Municipality;
(3) Subject to the
Direct Sellers Act, R.S.S. D-28, persons who:
go
from place to place carrying on a business, trade or calling;
carry on a business, trade or calling at the
residence
or premises of customers; or
(4) have no
advertised business premises; and who are not assessable
for the purposes of municipal taxation in respect of
their business, trade or calling
(6)
Home-Based Business
4 a)
Any business operating from a booth set up at any Trade Fair in the Town
of Bruno, which Trade Fair has been granted the approval of the Town of Bruno
shall be exempt from the provisions of this bylaw. This exemption applies only to the operation of the business
at the Trade Fair site during the hours that the trade fair is open to the
public and does not exempt the business from the provisions of this bylaw which
would apply to other operations by it in the Town of Bruno.
b) Council may, at their discretion, by resolution, provide an
exemptions for certain businesses in
conjunction with municipal business incentives.
c) In an effort to encourage youth
entrepreneurship this bylaw shall not apply to any person enrolled in school or
enrolled at least 50% of the time in recognized post secondary training.
5 a) The
Town may appoint an officer to be called a “License Inspector” of the Town of Bruno. In
the absence of such an appointment the Town Administrator
shall perform the duties of the License Inspector.
b)
The following shall be the duties of
the License Inspector under this Bylaw:
1)
To prepare a classified alphabetical
list or lists, as the case may be, of all parties liable to take out a license
and to use all diligence to have the same correct and submit the same monthly,
or as often as required, for examination and use of the Town Administration.
2)
To keep a register containing names
of all persons applying for licenses, the name of all persons to whom licenses
have been granted or refused.
3)
To prosecute all persons guilty of offence against this Bylaw, and to be
vigilant and active in the discharge of his duty.
6. Every
person carrying on or engaged in business in respect of which a license is
required shall, upon request of the License Inspector, give the Inspector all
information necessary to enable him to carry out his duties.
7. Every
person who is required to obtain a license under this bylaw shall make
application to the License Inspector for such license. All applications for license may be
made verbally unless the License Inspector directs the same to be in writing,
in which case such application shall be addressed to the License Inspector of
the Town of Bruno, and shall contain the following information:
a) Name, address and
occupation of the Applicant.
b) Nature of the license
applied for and stating specifically the nature and description of the
applicant’s proposed business activities in the municipality which activities
concern his particular license application.
c) The place where the license is to be exercised or where the proposed
business is to be carried on.
d) The period for which the license is required.
8. The fee payable in respect of
any license required under the provisions of this
Bylaw shall be the amount set out in Schedule “A” of this Bylaw. All such license fees shall be paid to the
Town. Where a business provides
more than one
good or service in the course of its operation the annual license fee shall be based on the category having the
highest license fee in the attached Schedule
“A”.
9.
Upon
receipt of a properly completed application and upon payment of the applicable
license fee as set out in Schedule “A” of this Bylaw, the License Inspector may
issue a license to any person whose business is governed by this Bylaw.
10. Where the License Inspector refuses to
issue any license, he shall submit the
application for license together with his report to Council and shall advise the
Applicant of the date on which Council will consider the application. On the date above indicated, the
Applicant shall have the opportunity
to make representations to Council regarding his application and the report of the
License Inspector. The decision of
Council shall be final and
shall not
be subject to review or appeal.
11. Every
license issued shall specifically state the kinds of services, goods or merchandise
which the licensee is authorized to offer for sale or take orders for as the case may be and whether
in the case of goods or merchandise he
may offer the same for sale by retail or by public auction or both. Such license
shall also state the restriction as set forth in Section ____ of this Bylaw.
12. No
person shall carry on any business set out in Section 3 of this Bylaw, within
the municipality unless he has in his possession a valid and subsisting license
for the purpose, issued in accordance with the provisions of this Bylaw.
13. Every
license granted under this Bylaw shall be made out in duplicate and
one copy shall be kept in the Audit File.
14. Every
licensee granted a license to carry on the business and who occupies
premises in connection therewith shall keep the license posted up in a
conspicuous place on the licensed premises. All persons licensed under the
provisions of this Bylaw where there are no licensed premises shall, on demand
of the License Inspector, a peace officer or other person duly authorized
to demand its production, produce the license to such official for inspection
purposes.
15. No
licensee shall offer for sale; services, goods or merchandise or solicit orders
for future delivery of goods or merchandise within the Town:
a) other
than of kinds described in the license; or
b) by any method except as stated in the
license; or
c) at any time or during any period when
shops within the Town offering
for sale or taking order for similar services, goods or merchandise are required by Town bylaw to be and remain closed.
16. Council
may by resolution suspend or revoke any license granted under the provisions of this Bylaw.
17. If
the licensee fails to comply with any of the provisions of this bylaw, his
license will be automatically revoked, in which case no refund will be
available to the licensee.
18. Except
where otherwise provided in this Bylaw or unless specifically mentioned
to be issued for a shorter period, every license issued under this Bylaw
shall expire on the 31st day of December of the year of issue.
19. a) Any licensee who
falls under the “Petty Trades” (Gross revenue less than $5000.00/annum) category of Schedule “A” shall file an
Affidavit in the form
prescribed in Schedule “B” attached to this Bylaw in each years license
application.
b) The License Inspector may
at any time, demand an Affidavit in the form prescribed in
Schedule “B” from any person who holds a “Petty Trades” business
license.
c) In the event that either:
a)
the person referred to in Paragraph 20(b) refuses or neglects to provide
the requested Affidavit, or
b)
the requested Affidavit discloses an estimated gross revenue in excess
of $5,000.00 for the year,
then
the Council may, revoke the license granted to that person pursuant to this
Bylaw, then require the person to pay the appropriate license under Schedule
“A”.
20. A
license issued pursuant to this Bylaw shall be non-transferable and non- assignable
without prior written permission from the License Inspector.
21. Wherever
the singular or masculine is used in this Bylaw, the same shall be
construed as meaning the plural or the feminine or a body corporate where
the
context so requires.
22. In
the event a person fails to comply with Section 7 of this Bylaw within 10 days
from the date on which the request is made under Section 7, he is guilty of an
offence and liable on summary conviction to a fine not exceeding $50.00
for
every day for which the default continues.
23. In
case any contractor fails to pay the license fee imposed by this Bylaw, the
licensing officer may give notice in writing to any person by whom the contractor
is employed requiring the person to pay the license fee out of the monies
payable by him to the contractor and upon receipt of the notice by that
person, the amount of the license fee shall to the extent of monies so payable
be a debt due by that person to the Town and may be recovered in
the same manner as taxes may be recovered.
24. a) In the event, for any reason
1)
there is non-compliance with the
provisions contained in this Bylaw; or
2)
any person carries on business which is governed by
this Bylaw, without first obtaining a license and paying the prescribed fee; then such person is in breach of this Bylaw and is guilty of an offence.
b) Upon
summary conviction the offender is liable:
1)
for a first offence, to a fine of not
less than $200.00 nor more than $1000.00;
2) on
a subsequent offence, to a fine of not less than $500.00 nor more
than $2000.00.
c) In addition to the fines
prescribed in Subsection (2), in case of a conviction
for the non-payment of the license fee payable to the Town under
this bylaw, the presiding Judge shall adjudge payment of the license
fee
in full.
d) In
default of payment of the fine and license fee, as the case may be,
the offender is liable to imprisonment for a term of not less than 7 days
nor more than 60 days.
25. Bylaw No. 2/07 is repealed.
26. This Bylaw shall
come into force and take effect June 18, 2007
Schedule “A”
Business License
Fees:
1)
All
persons required to be Licensed under Section 3
PROFESSIONAL SERVICES (accountants, auctioneer)…..............
$100.00
year
BUILDING
MOVER…local...$100.00 each out of town…………… $500.00 each
TRADEWORKERS
–Plumbers, electricians, painters, etc......…,,,,,, $50.00 year
EXCAVAING
CONTRACTORS………………..……………………….. $50.00 year
GENERAL
CONTRACTORS – BUILDING………………………………. $100.00 year
SUB-CONTRACTORS-
BUILDING……………………….………………. $50.00 year
TRANSIENT
TRADERS
Fish, fruit, produce, etc…………………………………………….. $15.00 day
$50.00 year
Custom garden
work……………………………..…………...…. $20.00 year
2) Home-Based Business and Petty Trades $50.00
3) Direct Sellers
$50.00
Schedule “B”
AFFIDAVIT OF GROSS
BUSINESS REVENUES
I, ____________________________________of
__________________________________,
(Business)
_________________________________________________________________________,
(Address)
Saskatchewan, MAKE OATH AND SAY:
1.
THAT
I am the owner/operator of the above mentioned business and that the estimated
Gross Business Revenue of said business is under $5,000.00 for the current
calendar year.
2. Should the actual Gross Business Revenue,
exceed $5,000.00 I will purchase a license as outlined in the appropriate
category of Bylaw NoSchedule “A” Business License fees.
SWORN BEFORE ME at
______________________,
in the Province of
Saskatchewan
on
___________________________, _________.
A COMMISSIONER FOR OATHS
IN AND
FOR THE PROVINCE OF
SASKATCHEWAN
|
posted Jun 23, 2011 11:31 AM by T. O. Bruno
TOWN OF BRUNO
BYLAW NO. 16/2011
A BYLAW OF THE TOWN OF BRUNO IN THE PROVINCE OF SASKATCHEWAN, TO CONTROL THE USE OF STREETS, LANES, SIDEWALKS AND OTHER TOWN OWNED LAND AND TO CONTROL THE GROWING OF TREES, HEDGES OR SHRUBS AND CONSTRUCTING OF FENCES ON PRIVATE LAND NEAR A STREET INTERSECTION
The Council of the Town of Bruno enacts as follows:
“HEDGE” means a fence or row of live bushes or low trees. “SHRUB” means a woody plant of less size than a tree and usually divided into separate stems from near the ground. “TREE” means a perennial plant with single woody self supporting trunk. “FENCE” means a hedge, wall, railing, tree or shrub surrounding an area and used to divide, enclose, screen, shield, protect or fortify an area. “TOWN” means the Town of Bruno. “TOWN COUNCIL” means the Council of the Town of Bruno. ”TOWN FOREMAN means the Public Works/Utilities Manager “SPECIAL CONSTABLE” means the agent of the Town of Bruno and authorized by the Council of the Town of Bruno to enforce the Bylaws of the Town of Bruno. “INTERSECTION” means the point where a street intersects with another street or alley. “PERSON” means the owner and/or tenant of said lot.
2. Subject to the provisions of any Bylaw of the Town of Bruno, no person other than an agent or employee of the Town of Bruno in the normal or usual course of their duties shall, without the consent of the Public Works/Utilities Manager, place, keep, maintain or leave any building, structure, sign, object or other thing of any kind whatsoever, on any street, lane, sidewalk or other public place, or on any land deemed to belong to the Town of Bruno, or in any way obstruct any street, lane, sidewalk, park, public square or public place in the Town of Bruno or land owned by the Town of Bruno, in any manner whatsoever.
3. The provisions of sub paragraphs (a) and (b) hereof following, serve the purpose of eliminating visual obstructions at intersections within the Town of Bruno and for the purpose of preventing future obstructions from occurring within town limits.
Fences within a residential area in front yards shall not exceed one (1) metre in height and shall not exceed two (2) metres in height in side or rear yards. The front yard is the area from the front facing wall of the principle building on the property to the front property line. Side and rear yards are the areas behind the front facing wall of the principle building to the rear property line. On a lot abutting two streets fences measured along the property line shall not exceed a height of one (1) metre for a distance of six (6) metres back both ways from the corner of said lot. Fences must be maintained in a safe and reasonable state.
Fences within a commercial area in front yards shall not exceed one (1) metre in height and shall not exceed two (2) meters in height in side or rear yards. The front yard is the area from the front facing wall of the principle building on the property to the front property line. Side and rear yards are the areas behind the front facing wall of the principle building to the rear property line. On a lot abutting two streets fences measured along the property line shall not exceed a height of one (1) metre for a distance of six (6) metres back both ways from the corner of said lot.
Outdoor storage of raw materials, finished or partially finished products, fuel, salvage materials, junk or waste on a site shall be concealed from sight from adjacent sites, streets or lanes by a fence or wall of appropriate design and sufficient dimension and position such that stored materials are not visible from any point one point five (1.5) metres or less above grade on any adjacent site, street or lane.
Fences in front yards shall not exceed two (2) metres in height and shall not exceed two point five (2.5) metres in side or rear yards. The front yard is the area from the front facing wall of the principle building on the property to the front property line. The side and rear yards are the areas behind the front facing wall of the principle building to the rear property line.
Chain link or like material shall be lathed to provide limited view of contents within the fenced area.
Fences - Swimming Pools
All outdoor under-ground swimming pools and above-ground swimming pools at least 100 cm in height shall be completely surrounded by a fence or wall that is at least one point five (1.5) metres in height, designed and constructed to discourage unauthorized entry by a locked gate, for use in the event of an emergency, which can be opened with a key in the possession of the operator.
Hedges, Shrubs and Trees
No person may by themselves or other, plant, maintain or keep any hedge, shrub or tree which interferes with the intended use and operation of any roads, street signs, street lights, utilities or other public works.
No person shall by means of a hedge, shrub or tree, fence, wall or other structure, hinder, prevent or obstruct access by the Fire Department to any fire hydrant located on a street or public place.
No person shall place any cord, cable or like material on or across any sidewalk, lane, street or other highway in the Town, whether at/or above ground level. Provided however, in the winter season, for the purpose of maintaining a vehicle engine block heater, an electrical cord may be installed, but it must not in any way impede or be dangerous to pedestrians, pets or Town snow removal equipment.
When a side or rear property abut a freeway, expressway, highway or rail right-of- way or an associated buffer strip, a two point five (2.5) metre high wall or fence is permitted.
Any person who contravenes any of the provisions of this bylaw is guilty of
offense and liable for the penalties provided by the General Penalty
specific penalties are provided for in this Bylaw.
INTRODUCED and READ a First time this 20 day of June , 2011 A.D. READ a SECOND time this 20th day of June, 2011 A.D. READ a THIRD time and passed this 20th day of June, 2010 A.D.
|
|