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HomeMy WebLinkAboutMunicipality of the County of Cape Breton Bylaws Pre Amalgamation 1995 Municipality of the County of Cape Breton Pre — Amalgamation (1995) Bylaws Municipality County of Cape Breton Bylaws Bylaw Page # Accounts 4 Building Bylaw 5 Chief Administrative Officer 9 Civil Emergency Planning Bylaw 11 Committees 16 Dangerous & Unsightly Premises 20 Dog Bylaw 23 Emergency Measures 35 Fire Department Bylaw 42 Health& Sanitation Bylaw 47 Heritage Bylaw 53 Installment Billing 62 Loitering & Curfew Bylaw 64 Mischief&Nuisance 65 Municipal Council 68 Municipal Land Transfer Bylaw 77 Municipal Officers 84 Municipal Seal 87 Partial Tax Exemption 88 Penalties Bylaw 92 Regulation of Animals 93 Repeal 99 Sewer Area 100 Sewer Charges 110 Sewer Connection 116 Sewer Discharge 120 Sidewalks 145 Street Improvements 147 Subdivision Bylaw 149 Swimming Pool Bylaw 181 Tax Exemption 184 Taxi 187 Tenure of Office 194 Trade & Licensing 195 Warden 198 ACCOUNTS 1. All mills, accounts, memorials , petitions and other e-Documents intended to be submitted to the Council shall be filed with the Clerk of the Municipality at least one week before the sitting of Council at which such bill, account , memorial,.- petition or other document is to be heard, and no bill, account, memorial, petition or other document, not so filed shall be considered by the Council without special leave being first obtained. 2. All Accounts against the Municipality shall be attested to before a person authorized to administer an oath, and such attestation shall be endorsed thereon in the prescribed form: 3. All salaries and services, the charges for which are definitely fixed by law or by-law or resolution of the Council and which are payable by the Municipality shall be paid out of the funds provided for the purpose or the order of the Warden or Vic: Clerk-Treasurer. $. All disbursements of the Municipality shall be made by cheque signed by the Clerk-Treasurer and countersigned by the Warden. S. The cheques of the Clerk-Treasurer of the Municipality, properly endorsed shall be a sufficient voucher or receipt for the authorized payments of all monies or sums paid by him as such Clerk- Treasurer. 6. There may be set off against any claim by any person against the Municipality any sum due or taxes , or otherwise from such person to the Municipality before such claim is paid. 7. The books of account shall be the property of the Municipality and shall be kept in a clear and intelligent manner by the Treasurer and in accordance with the best methods of bookkeeping. The books shall be open to the inspection of the Warden or any Councillor at any reasonabl- time. BUILDING BY-LAW of the MUNICIPALITY OF THE COUNTY OF CAPE BRETON (under Section 191(93A) of the Municipal Act cited as R.S.N.S. , 1967, c. 192) 1. The Council of the Municipality of the County of Cape Breton hereby adoptes the "National Building Code of Canada 1980" as issued by the Associate Committee on the National Building Code, National Research Council of Canada, including the Eratta Sheet dated May 1980 . 2 . (1) The Council also hereby adopts the "Administrative Requirements for Use with the National Building Code 1980" issued by the Associate Committee on the National Building Code, with the following amendments. a) In subsection 4 . 1 of Section 4 and in subsection 7. 1 of Section 7, the words "and any other employees of the Municipality administer or enforce the building regulations under the direction of the Building Inspector" are added immediately after the words "authority having jurisdiction" ; b) In subsection 7 . 13 of Section 7, the words "and. may recover such expense in like manner as municipal taxes" in lines 2 and 3 of Clause (a) are deleted; c) Section .11 is deleted; d) Subsection 12. 1 of Section 12 is deleted. (2) The appropriate values for Table 1 of the Administration Requirements for the Municipality of the County of Cape Breton are as follows: . . . . /2 2 - TABLE 1 Forming Part of subsection 10 .1 Climatic Data for the National Building Code of Canada 1980 1. January 212 percent Design Temperature . . . . . . . . . . . 16°C 2. January 1 percent Design Temperature . . . . . . . . . . . . 18°C 3. July 212 percent Design Drybulb Temperature . . . . . . 27°C 4. July 22' percent Design Wetblub Temperature . . . . . . 21°C 5. Annual Total Degree-days . . . . . . . . . . . . . . . . . . . . . . . . 4459 6. Maximum 1 day Rainfall 97 7. Annual Total Precipitation . . . . . . . . . . . . . . . . . . . . . . 1341 8 . Maximum Snow Load on the Ground 2. 8 9. Wind Effects: Probability 1/10 0. 47 Probability 1/30 . . . . . . . . . . . . . . . . . 0. 55 Probability 1/100 . . . . . . . . . . . . . . . . 0 .65 10. Seismic Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11. Acceleration Ration (A) . . . . . . . . . . . . . . . . . . . . . . . . . 0.04 r 3. (1) The Council also hereby adopts the Building Standards for the Handicapped, 1980, to be enforced in accordance with the Building Access Act, Chapter 7 of the Acts of 1976 and as amended by Chapter 69 of the Acts of 1980. (2) The Council also hereby adopts "The Supplement to. the National Building Code of Canada 1980" , as issued by the Associate Committee on the National Building Code, National Research Council of Canada. . . . . /3 3 - 4 . The Council delegates the responsibilities for the enforcement of -this By-law to a Building Inspector of the Cape Breton Metro Planning Commission in accordance with an agreement dated the 11th day of December, A.D. , 1973, which delegates such responsibilities to the Commission, except to take action in a court of law for violation of this by-law. 5. (1) A person who violates a provision of this By-law or a provision of any code adopted in this By-law is quilty of an offence and for each such offence is liable to a penalty of not less than one hundred dollars ($100 .00) nor more than one thousand dollars ($1, 000 .00) and in default of payment to imprisonment for a period of not less than fifteen (15) days nor more than three (3) months. _ (2) Every day during which any such contravention or failure to comply continues shall be deemed a fresh offence. 6 . The fee for a building permit required under this By-law shall be in accordance with the following schedule: a) Residential - $5 .00 plus .05� per (new additions) sq. ft. of floor area - Community Centres $5. 00 plus .05G per and Churches sq. ft. of floor area Non-Residential - $5.00 plus .10� per sq. ft. of floor area Repairs & Alterations - $5.00 plus $1.00 per (no increase in size) $1,000.00 of estimated value Garages - $5.00 plus .02� per sq. ft. of floor area b) All fees are rounded to the nearest dollar. c) Floor area means the area of a building based on the exterior dimensions plus the total area of each floor in excess of three (3) floors, whether above or below grade. . . . . /4 4 - 7. All other Building By-laws heretofore passed by the Municipality of the County of Cape Breton are hereby repealed on the effective date of this By-law. 8. , This By-law shall come into effect on the date approved by the Minister of Municipal Affairs. k" l MUNICIPALITY OF THE COUNTY OF CAPE BRETON CHIEF ADMINISTRATIVE OFFICER BY-LAW 1. The office cf the Chief Administrative Officer is hereby established. 2. The Chief Administrative Officer shall be the head of the Administrative branch of the County of Cape Breton and shall be responsible to Council as a whole for the proper administration of the affairs of the County in accordance with objectives and policies approved by Council and without limiting the generality of the foregoing, it shall be his duty to and he shall have the authority to: .a) control and direct all staff; b) advise Council on the feasibility, cost and other pertinent factors related to goals. policies and programs under consideration; c) administer the business affairs of all departments of the County; d) coordinate and direct preparation of plans and programs to be submitted to Council Jor construction, maintenance and/or operation of all County facilities: e) recommend annual budget estimates to Council and be responsible for its administration after adoption: f) review drafts of all by-laws and resolutions and submit to Council with his recommendation thereon: g) attend all meetings of the Council and any committees that Council may establish and make such observations and suggestions he may deem expedient on the subjects under discussion: h) appoint. promote, demote, suspend and dismiss. subject to the provisions of the Statutes of Nova Scotia and of personnel regulations adopted by Council or collective agreements applicable to employees of the County. all employees of the County except the Clerk. Director of Recreation, Director of Social Services. Director of Housing and Director of Engineering Services. i) Subject to the Statutes of Nova Scotia, recommend to Council and any commission or committee, the appointment and dismissal of the foregoing exceptions, and to suspend them provided a written report outlining the reasons for such suspension is submitted immediately to members of Council and Council shall meet within seven (7) days to consider such suspension: j) to act as bargaining agent of the County in the negotiation of contracts between the County and Trade Union or Employees' Associations concerning wages, salaries and working conditions and recommend to Council agreements with respect to such matters: _._72 2 - k) arrange for "in service" and other training programs to enhance the skills and capabilities of County employees; 1) subject to provision of purchasing regulations adopted by Council, make or authorize the making of expenditures for the purchase of equipment. supplies or any other thing required for the carrying on of business of the County and enter into contracts on behalf of the County where the amount of such expenditure is not in excess of the amount to the credit of the approved budgetary appropriation provided for the purchase of such equipment, supplies or thing; m) sell under such terms and conditions as may be provided in the aforementioned purchasing regulations any personal property belonging to. the County not, exceeding the value of `55.000.00 which in the opinion of the Chief Administrative officer, after consultation with the Warden and the appropriate Department Head, is no longer needed for the County or which is obsolete or unsuitable for use; n) supervise the performance of all contracts or agreements entered into by the County and satisfy himself that all conditions related thereto have been fulfilled in accordance with the provisions of such contracts or agreements and he may report thereon to Council respecting same; o) carry out such additional duties and exercise such additional responsibilities in the interest of the County and as Council may assign to him; p) to refer to Council for consideration and decision any unusual problem which cannot be decided on the basis of established policy and in which the public interest is of major significance, requesting the establishment of a policy to guide present and future action in similar situations and I ubmitting a recommendation as to the action to be taken when this is appropriate: q) keep up to date on policy matters established by provincial departments. 3. All by-laws or sections of by-laws or amendments thereto inconsistent with the provisions of this by-law are hereby repealed. CHAPTER 34 MUNICIPALITY OF THE COUNTY OF CAPE BRETON CIVIL EMERGENCY PLANNING BY-LAW A By-law to establish and maintain an Emergency Measures Organization in and for the Municipality of the County of Cape Breton and to authorize the Municipality of the County of Cape Breton to participate, to the full extent of its capabilities, in the said Organization. WHEREAS, the Government of Canada has deemed it necessary to create a branch of government, in the form of an Emergency Measures Organization, to co-ordinate the duties and functions of those government departments and agencies which would have a responsibility in a civil disaster or war emergency; AND WHEREAS the Government of Nova Scotia accordingly has deemed it desirable to co-operate with the Government of Canada in carrying out in respect of Nova Scotia its respon- sibility for the security, defence, peace, order and welfare of Canada in the event of real or apprehended war, invasion or insurrection, and as a consequence, has established a branch of government known as the Emergency Measures Branch, and is making provision for the continued functioning of civil government and government services in Nova Scotia in the event of an emergency caused by a real or apprehended war, invasion or insurrection, or by natural causes; AND WHEREAS Chapter 87 of the Revised Statutes of Nova Scotia 1967, provides that municipalities may establish a civil defence organization, and indicates the actions which may be taken by one or more municipalities to further civil emergency planning; 2 - AND WHEREAS it is deemed expedient to establish an Emergency Measures Organization as a branch of municipal government to serve the Municipality of the County of Cape Breton. THEREFORE the Council of the Municipality of the County of Cape Breton enacts as follows: 1. An Emergency Measures Organization is hereby established to be known as Municipality of the County of Cape Breton hereinafter referred to as the Municipality of the County of Cape Breton Emergency Measures Organization. 2. The Purpose and Objects of the Municipality of the County of Cape Breton Emergency Measures Organization with the co-operation of the Provin- cial Emergency Measures Organization, are as follows: (a) to plan for the continuity of the physical operation of government of the municipal unit and to establish plans for the co-operation and mutual assistance between municipal governments in the event of a civil disaster or war emergency; (b) to co-ordinate the emergency plans of the municipal unit for departments and services having immediate responsibilities in the event of a civil disaster or war emergency, and to prepare plans for public survival; (c) to work closely with other authorities of the municipal unit, neighbouring municipal units and Provincial authorities who have been assigned to comparable duties; t 3 - (d) to conduct emergency measures familiarization courses for the training of personnel who have an emergency role; (e) to conduct a public self-help education program related to nuclear and other types of warfare and natural emergencies; (f) to carry out other similar work within the geographical area encompassed by the municipality. 3. The Municipality of the County of Cape Breton Emergency Measures Organization shall consist of two branches to be known as: (a) The Executive Committee (b) The Planning Committee 4. The Executive Committee shall consist of -the Warden and four ( 4 ) members of the council appointed by the Council by resolution at the annual meeting. The council may fill any vacancies of the Executive Committee at its next meeting. 5. The Executive Committee shall have the following duties, powers and responsibilities : (a) to establish policy for the Municipality of the County of Cape Breton Emergency Measures Organization; (b) to recommend to council, from time to time, by resolution of the committee, the appoint- ment of an Emergency Measures Co-ordinator for the Municipality of the County of Cape Breton Emergency Measures Organization and such other employees as may be required to assist the Emergency Measures Co-ordinator from, wherever possible, within the municipal administration; 4 - (c) subject to the approval of the Council to name or assign such persons as it may deem advisable to provide key personnel to perform duties related to continuity of municipal government and public survival in the case of an emergency or disaster; (d) to submit to the Council for inclusion in its annual estimates, estimates of expenditures for the operation and maintenance of the Municipality of the County of Cape Breton Emergency Measures Organization. 6 . The Emergency Measures Co-ordinator shall be Chairman of the Planning Committee and be responsible for: (a) the implementation of the policy as formulated by the Executive Committee; (b) the fulfillment of the "Purposes and Objects" as more particularly set out in Section 2 of this by-law; (c) the performance of other related duties as directed by the Executive Committee. 7 . (1) The Planning Committee shall consist of the following officers of the municipal unit: Chairman - the Emergency Measures Co-ordinator Members Fire Chief Chief of Police Medical Health Officer Director of Social Services Director of Assessment for the Region Engineer Clerk-Treasurer Public Utilities Manager r 5 - (2) The Planning Committee may appoint one of its members or an•employee of the organization to act as secretary. (3) When a member of the Planning Committee is the employee of a statutory Board or Commission, the consent of such Board or Commission shall be requested to make the appointment effective. 8. (1) The Planning Committee shall be responsible for co-ordinating or integrating plans for the _. continued functioning of municipal services which would be required in the event of emergency. (2) The Planning Committee shall, when policy decisions are required, submit the matter to the- Executive Committee in the form of recommendations. EMERGENCY MEASURES ORGANIZATION Recommended for approval of the Minister DEPARVv1E i ---- `— —F P., 'PIL AFFAIRS Direc,or for Approved this, 12 nd day .. .. ........................ Mini er o (NS) of .. ...:... --......I9.eLy - MhNster of Mun{clPal Affairs Fuge 13 CHAPTER IV COWIIvIITTEES 1. (1) The council shall appoint standing Standing and committees and may appoint special committees. special committees (2) Unless otherwise determined a Meetings committee may act whether or not the council is in session. 2. (1) When the council refers a matter to Majority a committee the committee shall submit a written PS?P-"r report upon it signed by a majority of the members of the committee to the Council. (2) The minority of the members of a committee to which a matter has been referred by the council may submit a separate written report to the council signed by the minority members. (3) The clerk shall file and preserve } =all such reports as part of the proceedings of the council. - 3. 11) At the .last regular meeting immediately Nominating preceding the annual February meeting, the council may appoint or authorize the chairman . to appoint five councillors to constitute the nominating committee (2) Before the annual meeting the nominating committee shall convene and nominate members of the council to serve for the ensuing year on the standing committee. (3) The council may change the report of the nominating committee. (4) The council may refer to the nominating committee the nomination of other committees or officers or it may authorize the chairman to appoint such other committees op officers . P age 14 f 4. (1) Upon receiving the nominations of Standing the nominating committee the council shall appoint Committees the following standing committees : j (a) Joint Expenditure Board ( b) We-Na (c) Planning Advisory Board f' (d) Board of Health (e) Finance Committez (f) Industrial ; (g) Regional Library Board (h) Remittals Committe (i; r�.�Csp-+ (2) The council may by resolution accept the report of the nominating committee as a whole or it may deal with the number of members in the appointment of each committee in the order described in subsection (1) of this section. 5. (1) The finance committee shall consist Finance of the warden and six other councillors . t (2) Except as otherwise provided all other committees shall consist of not less than three councillors , exclusive of the warden who shall be an ex officio member of each committee. 6. Unless otherwise provided in this By- Chairman Law the members of each committee appointed under the provisions of this By- Law shall elect a chairman from -their number. 7. Every standing committee may execute Execution contracts for expenditure of monies up to Of the amount which the council has appro- Contracts priated to the purposes of the committee and which has been included in the estimates. Page 15 8. Unless specifically provided otherwise Finance _ the finance and executive committee shall, Committee (a) prepare a budget of municipal expenditures for submission to the council; (b) subject to clause (d) of this section consider and pass -on all tenders, con- tracts and projects involving the expenditure of municipal or district funds; (c) examine all municipal expenditures; (d) when. it appears necessary to distribute work or delegate functions which are subject to its supervision and approval to appropriate committees to which it shall grant sufficient powers to act in the place of the finance and executive committee; t. (e) inquire into(theti report to the council on 1) ways and means of raising revenue by license, rates , taxes , loans, debentures , franchises or other means; 2) probable amounts of revenue; 3) all matters in relation to assessment; 4) the collection of municipal taxes, debts, and revenue generally, and 5) the accounts kept by municipal officers which have been referred to it by the council; (f) inquire into and report to the council. on the regulations and licensing of trade or trades; and (g) deal with any other matters not specifically assigned to any other committee. 9. (1) The Welfare Committee shall consist Welfare of five members of council. Committee (2) The Welfare Committee shall inquire into and report to the council on the condition of persons in need. W. The Joint Expenditure Committe shall on Joint behalf of the municipality adjust the following Expenditure matters as they arise; Committee (a) - the objects of municipal expenditure which are for the joint benefit of the municipality and the city and towns within the municipality; (b) the determination of the amount which, having regard to the appointment of expenditures P age 15 as required by the Assessment Act, should be borne by the municipality and the city and towns respectively. 11. (1) The industrial committee shall con- Industrial sist of the members of council who are mem- Committee bers of the county planning advisory board of the municipality. (2) The Industrial committee shall en- courage the establishing of industrial enter- prises in the municipality and shall report thereon to the council. ?` 12. The School Building. Program Committee S ohool shall whenever it becomes necessary to erect, Building acquire, or add to building, for public schools Program for. the municipality, choose and recommend Committee to the council a proper site for the purpose. Page 41 CHAPTER XIV THE DANGE:iRGUS AND UNSIGHTLY PREMISES E�Y-LAVV 1. This Dy-Law shall apply to all areas in the Municipality. 2. No person shall permit property in the area or areas to which this By-Law appiies, owned or occupied by him, to be or to become excavated or partly demolished, decayed or deteriorated so as to be in a danerous, unsightly or unhealthful condition, or shall parmit to remain on any part of p�5perty in such areas, owned or occupied by him, any ashes , junk, cleaning of yards., bodies or parts- of automobiles or other vehicles or machinery, or other rubbish or refuse, so as to cause such place to be dangerous, unsightly, . unhealthful or offensive to all or any part of the public. 3. Should such a condition arise or exist, whether it arose before or after the passing of this Act or of the By-Law, fhe-County-PIannirigBoard' or any standing committee of the council may instruct eche Clerk to serve notice on the owner or occupier r'gt�ring him to rernedy the condition and specifying in such notice what is required to bedone; such notice may be served by being posted in a conspicr !�;us place upon the property or may be personally served upon the person named therein. 41 In event of the failure of the person so notified to comply with the requirements of such notice within thirty days anter service, any person authorized by the Planning Board or such committee may enter upon the said property without writ, warrant or other legal procec-s and remedy the condition which the Planning 3oa.rd or committee has required to be remedied; and the actual cost of so doing may be recovered as a debt from the person so served, by action brought by the Clerk-'"t'reasurer in the name of the Municipality in any court of competent jurisdiction, provided that the writ of 1 summons be issued within sixty days after the cost is incurred. Page 42 5 . After notice has been served under-b--section (3) if proceedings are not taken undeXtu94section (A) the owner, occupier or other person-who aids, assists, permits or causes a condition referred to in this r�e_ction.:or who fails to comply with the terms of said notice, shall be liable on summary con=- viction to a penalty of not more than -4w. e-mW dollars 160 - _oo and in default of payment to imprisonment for a term of not more than thirty days, every day during which such condition is not remedied is a fresh offence. l i I BY- LAW AMENDMENT 1 Chapter XIV The. Dangerous and Unsightly Premises By-law The Dangerous and Unsightly Premises By-law of the :Municipality of the County of Cape Breton is hereby amended as follows: 1. Section 5 is amended by deleting all the words after the word "penalty" in the j seventh line and replacing them with "of not less than one hundred dollars i ($100.00) and not more than one thousand dollars ($1,000.00) and in default of payment to imprisonment for a .period :of not less than fifteen (15) days nor more than three (3)- months, and every day during which such 'condition is not remedied is a separate offence. Y of j%1E coVHr m MunicipaUty of the County- of Cape Breton _ m ra s� moo~ County Administration Building,865 Grand Lake Road, Sydney, Nova Scotia B1 P 6W2 Tel: (902) 563-2700 Fax: (902) 564-1871 1879 THIS IS TO CERTIFY that the attached Amendments-to the .Dog By-Law of the County of Cape Breton were adopted ata duly called meeting of the Cape Breton County Municipal Council held on the 20th day of October, A.D. 1992. DAVID H. HUISE HWICIPAL CLERK O1~{'ARTtu�EN; m la oPAL AF FAU FjecomndW RK yppval of 00 w v..e•..g. . gave...............■, �!- •fit APPROVED this..................-day i age Municipality of the County of Cape Breton Dog Bylaw Amendments Passed at a Meeting of Municipal Council held on October 20, 1992 Recommended for approval with amendme is Jaes MacLean Departm al. Solicitor The amendments to the Dog Bylaw which were adopted at a meeting of Municipal council held on October 20, 1992, is approved, pursuant to Section 29 of the Municipal Affairs Act, with the following amendment: 1. Section 24 (2) is not approved. Dated at Halifax, Nova Scotia, this a° day of OJ 'Q .rn- bPY , 199. B oun Minister of Municipal Affairs The Dog By-law of the Municipality of the County of Cape Breton is amended by adding immediately following Section 23 the following Section 24: 24. (1) Every owner, possessor or harbourer of a fierce or dangerous dog shall, at all times while the dog is on the premises owned or controlled by such person, keep the dog securely confined, either indoors or in an enclosed pen or other structure capable of preventing the entry of young children and adequately constructed to prevent the dog from escaping. (2) Upon information on oath by any constable or peace officer that believes any person is harbouring, keeping or has under his are, control or direction, in any residence, building or premi s, a dog Not approved. that he has reasonable and probable grounds to believe as: (a) without provocation, attacked or injur any domestic animal or person; or (b) is dangerous to domestic a ' is or persons, it shall be lawful for an Judge, by warrant under his hand, to authorize and empower a constable, peace officer or any other person named therei , to enter and search the residence, building or premises and ev part thereof at anytime of the day or night and for such pu ose to break, remove. or undo any chain, rope, lock or fasteni of the dog to the premises, or any part therefor, or any door ock, fastening or obstacles preventing access to the dog, and seize and deliver the dog to the Pound. & AREA CODE 902 TELEPHONE 564-5541 �cl of.::;F�o Pte.•'• •.G Si •:T MUNICIPALITY OF THE COUNTY OF CAPE BRETON % __ K '•m COUNTY ADMINISTRATION BUILDING �S 865 GRAND LAKE RD., SYDNEY, N. S. B1P 6W2 THIS IS TO CERTIFY that the attached is an amendment to the Dog By-law of the Municipality of the County of Cape Breton passed and adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 16th day of April, A.D. , 1985. Com . MacEACHERN MUPICIPAL CLERK-TREASURER - .TnSC'. 0 I Inr, r. C: .�.. ,:C �;-I_ AFF ,IRS R ommc�ci i for approvai of the M.:r;ister ........... �4-S-r-..................... Departmental Solicitor APPROVED this......�f�`..........day of... 0....... . S ............ ...... ... ..... ................f to ate,. cf M nIcio,l Affairs R E S O L U T I O N BE IT RESOLVED that the Council of the Municipality of the County of Cape Breton amend its Dog By-law as follows : 1. THAT Section 2 be repealed and replaced by a new Section 2 as follows: I� 2 (1) The owner of a dog shall register such dog I� with the dog control officer or with the i Municipality of the County of Cape Breton and shall receive a tag which shall be worn i by the dog at all times. (2) The fee payable for dog tags shall be $2 . 00 . (3) The tag shall be valid for the life of such dog and need not be renewed annually. I, II (4 ) Dog tags shall be nontransferable. 2. THAT Section 3 be repealed. 3 . THAT Section 4 be repealed. 4 . THAT Section 5 be repealed. ! j� 5 . THAT Section 9 be amended by adding at the end the I� following: !! 1• !� I "The dog control officer shall transfer the I . I, registration of such dog to the new owner li thereof. " �+ I I •I 6 . THAT Section 10 be repealed. 7 . THAT Section 12 be amended by deleting paragraph (b) '1 entirely and replacing it with the following: (b) -in respect of which a registration tag has not been obtained or is not worn by the dog. 8. THAT Section 16 be amended by deleting the word "tax" in the fourth line and inserting therefor the words "registration fee" . I AREA CODE 902 OF THF TELEPHONE: 564-5541 V; :r MUNICIPALITY OF THE COUNTY OF CAPE BRETON i•0 COURT HOUSE,CRESCENT STREET �Y�s•• .••Noy�a SYDNEY,NOVA SCOTIA BIS 2z7 THIS I: TO CZ"&1 Y that the attached Dog By--law of the Municipality of the County of Cape Breton was adoatsd at a duly called meeting of the Cape Breton Count; ;funic ipa l Council held on th© 21st day of June, A.D. , 1983. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J.- Mac��CHERN ��IG:d CI�?1L CLL'tI{-srL11:;JF �, MUNICIPALITY OF THE COUNTY OF CAPE BRETON DOG BYLAW ADOPTED BY COUNCIL ON 21 JUNE, 1983 Recommended for approval with amendments. F.Robertson Departmental Solicitor This bylaw, respecting Dogs, adopted at a meeting of Municipal Council of the Municipality of the County of Cape Breton held 21 June, 1983, is approved, pursuant to Section 24 of the Municipal Affairs Act, with. the following amendments: 1. Clause (b) of Section 1 is amended by deleting the words "and includes officers of the SPCA". 2. Clauses (e) and (f) of Section 1 are not approved. 3. Section 8 is amended by adding to the end thereto, the words "two dollars". 4. Section 16 is amended by deleting the reference in the last line to "Schedule 17" and substituting therefor "Section . 17". 5. Section 20 is amended by deleting the reference to Section 22 and replacing it with the following "Section 4(3) of the Sheep Protection and Dog Regulation Act". 6. Section 22 is amended by deleting in line 2 the references to "Sections 20 and 22" and replacing it with a reference to "Sections 18 and 20" respectively. Dated at Halifax, this Uday of 1983 _ omas is 1 o Municipal Affairs DOG BY-LAW afinition 1. In this By-law: (a) "DOG" means -any dog, male or female; (b) "DOG CONTROL OFFICER" means a police officer or by-law enforcement officer appointed under the Police Act to enforce this By-law. (c) "OWNER" of a dog includes any person who possesses or harbours a dog; (d) "MUNICIPALITY" means Municipality of the County of Cape Breton. registration 2. (1) The owner of a dog shall register such dog of all Dogs with the dog control officer or with the Municipality of the County of Cape Breton and shall receive .a tag which shall be worn by the dog at all times. (2) The fee payable for dog tags shall be Two Dollars ($2. 00) . (3) The tag shall be valid for the life of such dog and need not be renewed annually. (4) Dog tags shall be nontransferable. - Amended May 6, 198.5 3. - Repealed May 6, 1985 - 4 . - Repealed May 6, 1985 - 5 . - Repealed May 6, 1985 - 2 - ords 6 . The dog control officer shall keep a record of every dog registered, showing the date and number of registration, and the name and description of the dog with the name and address of the owner. The owner shall furnish this information to the dog control officer at or before the time of registration. js 7. The dog control officer shall supply the owner with a metal tag for each dog registered, with the number and year of registration stamped thereon, and the owner of every registered dog shall keep on such dog a collar with the tag attached thereto. st Tag 8. If an owner files with the dog control officer a Statutory Declaration that a tag has been lost, the dog control officer may replace the tag that has been lost upon payment by the owner an amount of Two Dollars ($2.00) . aii-E;'er of 9. Any owner within the Municipality who sells or Ownership transfers any licensed dog to a person within the Municipality shall report to the dog control officer the sale or transfer, the name and address to whom it was sold or transferred, a description of the dog and the number of the registration as shown on the tag issued by the dog control officer. The dog control officer shall transfer the registration of such dog to the new owner thereof. - Amended May 6, 1985 - 10 . - Repealed May 6, 1985 0 cgs at 11. No dog shall be permitted to leave the premises of Large the owner or be at large within the Municipality unless the said dog is under the effective restraint or control of some person in charge thereof, and the fact that any dog is running at large shall be an offence against this by-law. 3 - fences 12. The owner of a dog, (a) which runs at large contrary to this by-law, or (b) in respect of which a registration tag has not been obtained or is not worn by the dog; or (c) which is fierce or dangerous, or (d) which without provocation, has attacked or injured any person or property, or (e) disturbs the quiet of the neighbourhood by howling, barking or in any other manner is quilty of an offence against this by-law and is subject on summary conviction to the penalty described in Section 22. - Amended May 6, 1985 - npounding 13. (1) The dog control officer, without notice to or complaint against the owner or any such dog, may impound any dogs: - (a) found running at large contrary to this by-law; or (b) in respect of which the tax imposed by this by-law has not- been paid; or (c) which is fierce or dangerous. )ogs may be (2) Where a dog cannot be captured or is fierce or killed dangerous the dog control officer shall immediately kill such dog. tabid Dogs (3) Any dog rabid or at large and known to be rabid shall be immediately killed. ?oundkeeper 14 . The Council shall appoint a poundkeeper who shall keep all dogs delivered to him and furnish them with food and water. - 4 - )tice to 15. (1) If, at the expiration of 24 hours following the veer Sale of impounding of any dog, no claim of ownership for npounded Dog such dog is made, it shall be the duty of the poundkeeper to make all reasonable efforts to notify the owner of such dog for a further period of 48 hours and if unable to notify the owner, the poundkeeper shall dispose of the dog, either by selling it for the best price obtainable or if the dog cannot be sold by destroying it in humane manner. agistration (2) A person resident within the Municipality E Purchased purchasing an unregistered dog from a poundkeeper :)g shall register the dog before taking him from the pound. ademption of 16. Pursuant to Section 15, if the owner appears and :)g claims his dog before the time fixed by the pound- keeper, the dog shall be delivered to him on payment of any registration fee required by this by-law and payment of the fees set out in Section 17. - Amended May 6, 1985 - 17. The poundkeeper shall be entitled to receive the fees for board, room and impounding of Six Dollars ($.6 . 00) per day. otice to 18. The dog control officer shall immediately notify Owner every person reported to him as the owner of an • unregistered dog in the Municipality by letter, by ordinary mail, postage paid and addressed to the owner' s address, requesting such owner forthwith to register the dog and to comply with this by-law. 19. The dog control officer shall keep a record of every dog and its owner so reported to him, together with a description of the dog, if available, and the name of the reporting person. 5 - Tags to be 20. Every owner who neglects to obtain a tag for each on Dog dog owned by him and to keep it securely fixed on his dog excepting while the dog is being lawfully used for hunting purposes, or who uses a tag upon a dog other than that for which it was issued, shall be liable for a penalty as set out in Section 4 (3) of the Sheep Protection and Dog Regulation Act. Destruction 21. Every owner of a dog shall pay to the Municipality of Dog a fee as established by the S.P.C.A. for each dog destroyed by the Municipality or its agent at the request of the owner. 22. Any person who violates any provision of this by-law, except as set out in Sections 18 and 20 hereof, shall be liable on conviction to a penalty not exceeding Two Hundred Fifty Dollars ($250. 00) , but not less than Fifty Dollars ($50.00) and in default of payment to imprisonment for a period not exceeding thirty (30) days. 23. All former by-laws of the Municipality heretofore enacted relating to dogs is hereby repealed. `Aof-,tlEcou�,TyO.o - - CHAPTER 41 Cb m Municipality of the County of Cape Breton County Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia B1 P 6W2 Tel: (902) 563-2700 Fax: (902) 564-1871 7879' THIS` Is To"CERTIFY: that the attached Emergency Measures By Law- of the County of: Cape Breton was adopted at a duly called meeting of. the Cape Breton County Municipal. Council held on the 10th day of May, A.D. 1994 DAVID A. MUISE MUNICIPAL CLERK EMERGENCY MEASURES ORGANIZATION .Recommended fo a roval of the Minister Director Approved IIS-31 . _day minister of EAMIO (NS j MUNICIPAL AFFAIRS DEPARS�iENT OF Rerocrrse;sded for aopro'13S Ct `iIi® hffinister APP�cir�� ............. Of. ..... .. :. � ......... or ldani i t All airs MUNICIPALITY OF THE COUNTY OF CAPE BRETON A BY-AW TO PROVIDE FOR A PROMPT AND COORDINATED RESPONSE TO A STATE OF LOCAL EMERGENCY The Council of the Municipality of the County of Cape Breton, under the authority vested in it by the Municipal Act, R.S.N.S. 1989, c. 295, and the Emergency Measures Act, S.N.S. 1990, c. 8, s. 10, enacts as follows: SHORT TITLE 1. This by-law may be cited as the "Emergency Measures By-Law" . INTERPRETATION 2. In this By-Law (a) "Act" means the Emergency Measures Act, R.S.N.S. 1990, c. 8; (b) "Council" means the Council of the Municipality of the County of Cape Breton; (c) "councillor" means a member of the Council; (d) "Director" means the Director of the Emergency Measures Organization; (e) "emergency" means the present or imminent event in respect of which the municipality believes prompt coordination of action or regulation of persons or property must be undertaken to protect property or the health, safety or welfare of people in Nova Scotia; (f) "mayor" means a mayor of a town of the municipality or an alderman or councillor acting in the stead of the mayor; (g) "Minister" means the member of the Executive Council to whom is assigned the administration of the Act and regulations; (h) "Municipal Emergency Measures Plans" means plans, programs or procedures prepared by the municipality that are intended to mitigate the effects of an emergency or disaster and to provide for the safety, health or welfare of the civil population and the protection of property in the event of such an occurrence; . . _/2 2 - (i) "Municipal Emergency Measures Advisory Committee" means the advisory committee established pursuant to this by-law; (j) "Municipal Emergency Measures Coordinator" means the person appointed by Council pursuant to this by-law; (k) "Municipal Emergency Measures Organization" means the organization established pursuant to this by-law; (1) "Municipal Emergency Measures Planning Committee" means the committee established pursuant to this by-law; (m) "municipality" or "municipal" means a city, an incorporated town or a municipality of a county or district and in this by-law specifically means the Municipality of the County of Cape Breton; (n) "State of Emergency Regulations" means regulations approved by the Governor in Council by Order in Council 92-61, Regulation 17/92, as amended from time to time; (o) "state of local emergency" means a state of local emergency declared by a municipality of a county or district pursuant to the Act or renewed by the municipality pursuant to the Act and regulations made pursuant thereto and this by-law; (p) "warden" means the warden of the Municipality or an alderman or councillor acting in the stead of the warden. MUNICIPAL EMERGENCY MEASURES ORGANIZATION 3. (1) The Council hereby establishes a Municipal Emergency Measures Organization. (2) The Municipal Emergency Measures Organization shall consist of the following persons and committees: (a) a Municipal Emergency Measures Advisory Committee; (b) a Municipal Emergency Measures Coordinator; and (c) a Municipal Emergency Measures Planning Committee. _ _ ./3 — 3 — MUNICIPAL EMERGENCY MEASURES ADVISORY COMMITTEE 4. (1) The Municipal Emergency Measures Advisory Committee shall be appointed by Council by its members for such term as the Council deems necessary. (2) The Municipal Emergency Measures Advisory Committee shall at all times consist of no fewer than two councillors. (3) The Municipal Emergency Measures Advisory Committee shall (a) advise Council on the development of municipal emergency measures plans; (b) present municipal emergency measures plans to Council; (c) brief Council on developments during a local state of emergency; and (d) perform such other duties as may be required by the Council. MUNICIPAL EMERGENCY MEASURES COORDINATOR 5. (1) The Municipal Emergency Measures Coordinator shall be appointed for such term as the Council deems necessary. (2) The Municipal Emergency Measures Coordinator may be paid reasonable expenses for work incurred under this By—Law. (3) the Municipal Emergency Measures Coordinator shall (a) chair the Municipal Emergency Measures Planning Committee; (b) coordinate and prepare municipal emergency measures plan; (c) following a declaration of state of local emergency, prescribe, as necessary, duties to be fulfilled by employees, servants and agents of the municipality; and (d) perform such other duties as may be required by the Council. - - -/4- 4 - MUNICIPAL EMERGENCY MEASURES PLANNING COMMITTEE 6. (1) The Municipal Emergency Measures Planning Committee shall be appointed by Council for such term as the Council may prescribe. (2) The Municipal Emergency Measures Planning Committee shall consist of the chief or head of every municipal department or agency which is assigned emergency-related functions under municipal emergency measures plans and, where no department or agency exists, a qualified person to represent that group. (3) The Municipal Emergency Measures Planning Committee shall include, but not be limited to, persons responsible during an emergency to provide (a) income assistance; (b) law enforcement; (c) fire-control services; (d) engineering services; (e) health services; (f) community services; (g) transportation; (h) communications; (i) public information; (j) utilities; (k) financial services; and (1) legal services. - - -/5 5 — (4) The Municipal Emergency Measures Planning Committee shall (a) assist the Municipal Emergency Measures Coordinator in the preparation and coordination of municipal emergency measures plans; (b) advise the Municipal Emergency Measures Advisory Committee on the development of municipal emergency measures plans; (c) upon request, assist the Municipal Emergency Measures Advisory Committee in the presentation of municipal emergency measures plans to Council; and (d) perform such other duties as may be required by the Municipal Emergency Measures Advisory Committee or the Council; AGREEMENTS 7. (1) Subject to preliminary approval of Council, the Municipal Emergency Measures Planning Committee may, as part of municipal emergency measures plans, negotiate an agreement to be approved by the Council or person designated by the Council with the Government of Canada, the Province of Nova Scotia, a municipality, city or town, or any other agency or any person. (2) Any agreement negotiated under subsection (1) is not binding until it is approved by Council. DUTY OF COUNCIL 8. (1) The Council shall review and evaluate municipal emergency plans presented to it by the Municipal Emergency Measures Advisory Committee. (2) The Council may specify additional duties to be fulfilled by the Municipal Emergency Measures Advisory Committee, the Municipal Emergency Measures Coordinator and the Municipal Emergency Measures Planning Committee. (3) The Council may appropriate and expend monies (a) to pay reasonable expenses of members of the Municipal Emergency Measures Advisory Committee, the Municipal Emergency Measures Coordinator and the Municipal Emergency Measures Planning Committee; and (b) to fulfil the terms and conditions of an agreement approved by the Council pursuant to Section 7. . . ./6 — 6 — DECIARATION OF STATE OF LOCAL EMERGENCY 9. (1) The Council shall declare a state of local emergency by completing Form 4 attached to the State of Emergency Regulations. (2) The mayor or warden, as the case may be, acting under Section 12(3) of the Act shall complete form 5 attached to the State of Emergency Regulations. (3) With the approval of the Minister, . the Council may renew a state of local emergency by completing Form 6 attached to the State of Emergency Regulations. (4) The Council may terminate a state of local emergency by completing Form 7 attached to the State of Emergency Regulations. (5) A copy of a declaration signed under this Section shall immediately be delivered or faxed to the Minister and the Director. NOTICE PROVISION 10. Following the signature of a declaration under Section 9, the Council shall immediately cause the details of the declaration or termination to be communicated or published by such means as the Council considers the most likely to make the contents of the declaration or termination known to the people of the area affected. DUTIES DURING A STATE OF LOCAL Effi RGENCY 11. Following the issuance of a declaration under Section 9 and for the duration of the sate of local emergency (a) very councillor shall keep the Council posted respecting their whereabouts; and (b) every employee, servant and agent of the municipality who has a key role to play in such emergencies as identified in the municipal emergency measures plans shall (i) advise the Municipal Emergency Measures Coordinator of their whereabouts, and (ii) fulfil such duties as may be prescribed by the Municipal Emergency Measures Coordinator. m -VIAE co m Municipality of the County- of Cape Breton _ County Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia B1 P 6W2 R 1879 Tel: (902) 563-2700 Fax: (902) 564-1871 THIS IS TO CERTIFY that the attached Fire Department By-Law of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 20th day of October, A.D. 1992. DAVID N. NOISE HONICIPAL CLERK Q t � G� CHAPTER 40 THE MUNICIPALITY OF THE COUNTY OF CAPE BRETON GENERAL BYLAWS POLICY #5 1. In this policy: a) "Fire Department" means a volunteer fire company approved by Council of the Municipality of the County of Cape Breton. b) "Training Course" means a course provided or approved by the International Fire Service Training Association, the Nova Scotia Fire Marshal, OR THE MUNICIPALITY OF THE COUNTY OF CAPE BRETON. QUALIFICATIONS AND STANDARDS FOR TRAINING COURSES AUTHORIZED BY THE COUNTY OF CAPE BRETON WILL BE SET AND MONITORED. BY THE CAPE BRETON COUNTY FIRE CHIEFS' ASSOCIATION ]USING N.F.P.A. 1001 STANDARD AS A BASIC GUIDELINE_ 2. No. fire department shall be organized or formed within the Municipality of the County of Cape Breton unless approval is granted by the Municipal Council or by following the provisions of the Rural Fire District Act, R.S.N.S. 1989, c. 406. 3. a) Once established, all fire departments shall be incorporated under the Societies Act, R.S.N.S. 1989, c. 435. b) Officers of the fire department shall be as determined in the incorporation but shall in all cases include the office of Fire Chief who shall be the chief executive of the department. c) No person shall be permitted to stand for election to the office of Chief without having first obtained a Level I Fire Fighting course. d) All new members must obtain a basic fire fighting course within one (1) year of joining a fire department. e) All officers must obtain a Level 1 Fire Fighting course within one year of accepting their position. f) This section shall not apply to incumbent chief in office at the time this policy comes into force. 4. Every fire department established in the Municipality of the County of Cape Breton shall appoint an officer who shall be responsible for training programs of the department. This office shall annually report to the Protective Services Committee of Cape Breton County Council on the department's training activities. Approved: County Council — October 20, 1992. Amended: County Council — March 15, 1994 New subsections (d) and (e) Amended: County Council — April 19, 1994 [Section 1(b] CHAPTER 38 uniri alit of #4r Tounfp of Tapp T.Orr#on COUNTY ADMINISTRATION BUILDING 865 GRAND LAKE RD., SYDNEY, N. S. B1P 6W2 THIS IS TO CERTIFY that the attached Fire By-Law of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 10th day of September, A.D. 1991. DAQID N. MQISE DONICIPAI, CLERK for aa ,. . .. .... l i I + ... �............ ............ j :l Sill YF:! OS :.-,f CIY.`Ri r\fiA:fS AREA CODE 902 TELEPHONE:563-2700 FAX:564-1871 BY—LAY TO CONTROL FIRES 1. Definitions: (a) "Garbage" means domestic or commercial waste, building materials, paper, cardboard, lumber, tires and such other waste material as may be found on a domestic or commercial property. (b) "Rubbish" means brush, leaves, grass and such other waste material as may be accumulated when cleaning property. 2. No person shall burn garbage at any time within the Municipality but shall dispose of garbage at the Municipal Incineration Facility. 3. No person shall burn rubbish at any time within the Municipality of the County of Cape Breton without having first obtained a burning permit from the Fire Chief or Fireward for the Municipal District in which the rubbish is to be burned. 4. No person shall conduct a bonfire at any time within the Municipality of the County of Cape Breton without having first obtained permission from the Fire Chief or Fireward for the Municipal District in which the bonfire is to be held. 5. No person shall burn waste petroleum products, unless such burning is done for the purpose of home heating and carried out within an approved heating device approved by the Building Code. 6. Any person, organization or corporation who violates any provision of this By-Law shall be liable, on summary conviction, to a penalty of not less than Twenty-Five Dollars ($25.00) and not more than Two Hundred and Fifty Dollars ($250.00) , or in default, to imprisonment for a period not exceeding thirty (30) days. s _ a - Ism _ urning :: erxni _ Name: - Address: Phone: - A permit to burn rubbish is hereby issued. for the -dates - to — The holder of -this-Termit hereby agrees to carry out the burning_in a-safe-and - - _controlled manner arid-furthe-r agrees to indemnify and save harmless- - - ---` the-Municipality -of the- County_of -Cape Breton and the Fire -.--Department froer=any-claims arising as a -result of-any damage-- - — ------- - caused by this-burning. Applicant: — -- - Fire Chief - - - - Department: NOTE: This permit does not release the applicant from the requirement to obtain a permit from the Nova Scotia Department of Natural Resources. . i i i THIS IS TO CERTIFY that the attached is a true copy of an amendment to the j I � Health and Sanitation By-Law of the Municipality of the County of Cape Breton, I I i I I passed by the Council of the Municipality of the County of Cape Breton at a duly called meeting held on Tuesday, September 20, 1988. I J RRY AN. ERK-TREASURER i i I j� II I I I i ii rDEP!ARTMENT OF MUNICIPAL AFFAIRS I �I Roc for I proval of I II jl .,""""'pertnntal solicitor ........... reit I 'W. I I APPROVED thiS......a...............day ;I II I o .........;;:�x Y.... ..19�.v f..... 'i Ii ~ .r. •• •M••Ister.of Mv•.clDel Ail •rs•, Il _ - I !i i II it I I I i I� 'I I, a I i II j i RESOLUTION BE IT RESOLVED that the Health and Sanitation By-Law of the Municipality of the County of Cape Breton be amended as follows: 1. THAT Section 5 be repealed in its entirety and replaced by a new Section 5 as follows: 5 (1) No person shall place or deposit, or permit to be placed or I i deposited, any garbage, waste material, or other refuse in any place where it is likely to attract pests, cause infection, create a nuisance. pose a threat to the environment, or be unsightly. (2) A disposal site for the deposit of garbage waste material and refuse.shall be established by the Municipality. (3) No person shall place, deposit or deliver to the disposal site, or cause to be placed, deposited or delivered to the disposal site, any material without having first received from the supervisor of the disposal site, or the Municipal Engineer, permission to.do so. (4) The Municipal Oisposai Site shall be open during .the following hours: Monday to Saturday - 6:00 a.m, to 4:00 p.m. (5) No person shall trespass upon or remove any material from the disposal site unless authorized by the Municipal Engineer. !I l 2. THAT Section 7 is repealed in its entirety .and replaced by a new Section it i �I 7 as follows: ii 7 Every person who fails to comply with any provision of this By-Law i I shall be liable to a penalty of not less than One. Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1000.00) and !' I in default of payment to imprisonment for a period of not less than ten (101 days nor more than thirty (301 days. I II i ;I ! fI I !I I ! ' I I� II 11 Page 25 C HAPTE P iX HEALTH AND SANITATION 1 Every person who has charge of any Disinfection— theatre, isinfectiontheatre, school, hall or other public build- ing where people gather shall cause it to be cleaned, thoroughly disinfected and rid of pests at least once a month. 2. Every person who has charge of any Ventilation theat. re, school, hall, workshop or other place where it is usual for people to gather shall provide it with windows or -other means of ventilation sufficient to /affect,a complete change of air every three ours . 3. (1) No person shall use or permit Slaughter to be used any building or place for slaugh- Houses tering or butchering of animals without first obtaining a written permit therefor from the sanitary inspector. (2) The sanitary inspector may require any person who applies for a permit under this section to sat out in writing the following particulars: (a) the tools, machinery and furniture to be used; (b) the precautions to be taken against flies , rats, and other pests; (c) the procedure to be followed in slaughtering or butchering; (d) the precautions to be taken to prevent the infection or deterioration of the carcasses or meat; (e) the method to be used for disposing of remnants, offal, ordure and other refuse; (31 The sanitary inspector shall issue a permit under this section where (a) he is satisfied that the conditions intend to be imposed by him for obtaining the permit are reasonably sufficient to prevent the influx of pests and to prevent the infection or deterioriation of the carcasses of meat. v Page 26 b) he is satisfied that the proposed use of the building or place will not constitute a public or private nuisance; (41 The sanitary inspector may attach con- dition to any permit issued by him under this section either in accordance with the written . particulars submitted by the applicant or in accordance with any plan of operations he may substitute. `5'; Where the sanitary inspector has issued a permit under this section with conditions attached, he shall deposit with the local board of health for that district in which the premises are situated a copy of the conditions , dated and signed by the applicant. 6; A permit issued under this. Section-%shall not affect any civil liability there might arise as a result of the use of the premises for slaughtering or butchering animals. + 7; The sanitary inspector may enter and in- spect any building or place used for the slaugh- tering and butchering of animals at any reasonable hour. IIl. An appeal shall lie to the local board. of health of the district in which the premises are situated from any decision of the sanitary inspector refusing to issue a permit under this Section and the local board of health may direct the granting or refusing of such a permit upon any terms it thinks fit. 4. 1) No person shall expose any meat or unpacked food or drink which is offered for sale in any place or under any condition where, a) it is accessible to rats , flies , insects and other pests or animals; b) it can be handled indiscriminately. Page 2? (2) No person shall offer for tender or sale any tainted or unwholesome meat, poultry or other food or any drink without openly and clearly declaring or advertising the condition of it to a purchaser. (3) The sanitary inspector may seize and destroy any tainted or unwholesome article of food or drink without paying compensation therefore. 5. (1) No person shall deposit, or Carbaye permit to be deposited, any ashes , garbage, leaves , litter, offal, filth, ordure, manure or other refuse in any place in a manner likely to attract pests, cause infection create a nuisance or be unsightly to the public. (2) A dump for the deposit of ashes, cleanings from yards and streets and other refuse shall be established in areas designated by the municipality for that purpose. (3) No person shall place or cause to be placed on the dump any material without having first received from the foreman or person in charge of the dump permission to do so. No person shall in any. event place or cause to be placed on the dump any material between the hours of five o' clock in the afternoon and eight o'clock in the morn- ing without first receiving permission from. the foreman or person in charge, whether or not such person has received permission to place such material on the dump as in this section provided. (4) No person shall trespass upon or remove any material from the dump unless authorized by the municipality to grant such permission. Page 26 f 6. No other person shall spit in any Spittia school, theatre, shop, hall, public building or other place frequented by the public or any sidewalk. 7. Every person who fails to comply Penalty with any provision of this Sy-Law shall be liable to a penalty not exceeding twenty dollars and in default of payment to imprisonment for a term not exceeding ten days . of SHE COVNr vy � rOT Q � m Municipality of the County" of Cape Breton 1 21 County Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia B1 P 6W2 Tel: (902) 563-2700 Fax: (902) 564-1871 1879 THIS IS TO CERTIFY that the attached Heritage Property By-Law of the County of Cape Breton was adopted at a duly called meeting of the cape Breton County Municipal Council held on the 15th day of December, 1992. DAVID N. MUISE NWICIPAL CLERK CHAPTER 39 Municipality of the County of Cape Breton Heritage Property Bylaw Passed at a Meeting of Municipal Council held on December 15, 1992 Recommended for approval with amendments. 4Counsel c The Heritage Property Bylaw which was adopted at a meeting of Municipal Council held on December 15, 1992, is approved, pursuant to Section 29 of the Municipal Affairs Act, with the following amendment: 1. Section 7 is amended by adding immediately after "therewith" the following: Provided that the terms of reference or the guidelines or amendments thereto shall not contravene or limit the Act. Dated at Halifax, Nova Scotia, this � day of 1993. f ri 'You Mini unicipef;;7s HERITAGE PROPERTY BY-LAW 1. This By-Law shall be known as the "Heritage Property By-Law of the Municipality of the County of Cape Breton: . 2. In this By-Law: (a) "Council" shall mean the County Council of the Municipality of the County of Cape Breton; (b) "Clerk" shall mean the Municipal Clerk of the Municipality of the County of Cape Breton; (c) "Act" shall mean the Heritage Property Act of the Province of Nova Scotia; (d) "Committee" shall mean the Planning Advisory Committee of the Municipality of the County of Cape Breton; (e) "County" shall mean the Municipality of the County of Cape Breton. 3. The Planning Advisory Committee shall have the powers and duties of a Heritage Advisory Committee pursuant to the Heritage Property Act and may advise the County respecting: (a) the inclusion of buildings, streetscapes, and areas in the Municipal Registry of Heritage Property; (b) an application for permission to alter substantially or demolish a Municipal Heritage Property; (c) building or other regulations that affect the attainment of the intent and purpose of the Heritage Property Act; (d) any other matters conducive to the effect of carrying out the intent and purpose of the Heritage Property Act. 4. The Clerk shall establish and maintain at the business office of the County, a Registry of Heritage Property, where all prescribed documents relating to the registration of Heritage Property pursuant to the Act of this By-Law shall be filed. The Registry shall: (a) be properly indexed; (b) contain data with respect to recommendation, registration, if applicable, recording particulars of documents required to be lodged at the Registry of Deeds for Cape Breton County and true copies of all notices required by the Act; (c) contain particulars of heritage property under recommendation or registered so as to adequately identify the property; (d) be accessible to the public at no charge during regular County business hours at the County business office. HERITAGE PROPERTY BY-I" PAGE 2 5. Notice of a recommendation by the Municipal Heritage Advisory Committee that a building, streetscape or area be registered as a Municipal Heritage Property shall be in the form specified in Schedule "A", attached hereto. 6. Council may register a building, streetscape or area as a Municipal Heritage Property in accordance with the provisions of the Act and the registration shall be in the form specified in Schedule "B", attached hereto. 7. Council may from time to time set out or amend the terms of reference within which the Heritage Advisory Committee shall operate. The Council may set out and amend such guidelines as it sees fit for the registration of property as Heritage Property, and the Heritage Advisory Committee shall make recommendations in accordance therewith, provided that the terms of reference or the guidelines or amendments thereto shall not contravene or limit the Act 8. Nothing in this By-Law shall be deemed to exclude the application of any other by-laws of the County relative to building and construction requirements. HERITAGE PROPERTY BY-LAA SCHEDULE 'A' NOTICE OF PROPOSED RECOWENDATION FOR REGISTRATION IN THE MUNICIPAL HERITAGE REGISTRY T0: [owner(s)] You are hereby notified that: 1. The land and buildings located at (civic address and/or assessment number where applicable) in the County of Cape Breton, Nova Scotia, and in particular (the exact extent of property recommended) This property has been recommended to be registered in the Municipal Heritage Registry for the Municipality of the County of Cape Breton. 2. The reasons for this proposed designation are: [set out reason(s)] . (a) approximate date of erection - (b) type of architecture, typical of an era - (c) part of streetscape (description of streetscape location) 3. Section 14(4) of the Heritage Property Act states that no person shall substantially alter the exterior appearance of or demolish a building, streetscape or area for one hundred and twenty days after a notice respecting the building, streetscape or area has been served pursuant to subsection (3) of the Act except in those cases where prior to the expiration of one hundred and twenty days the municipality refuses to register the property. SCHEDULE 'A' PAGE 2 4. The effect of recommendation and registration in the Municipal Heritage Registry described in paragraph one is that no demolition or substantial alteration in the exterior appearance may be undertaken from the date of registration unless an application, in writing, for permission is submitted to the County and the application is granted with or without conditions. (Where an application is not approved the owner may make the alteration(s) in his application or carry out the proposed demolition at any time after one year but not more than two years from the date of application) . 5. Objections to the registration of the property described in this notice will be heard by the Municipal Council on the day of A.D. 199_, at (time) at (place) Information and particulars concerning the reason(s) for recommendation are available from the office of the County Clerk, Municipality of the County of Cape Breton, from 9:00 a.m. to 4:30 p.m. , at the Municipal Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia. DATED this day of A.D. 199_ MUNICIPALITY OF THE COUNTY OF CAPE BRETON WITNESS ) MUNICIPAL CLERK HERITAGE PROPERTY BY-LAA J SCHEDULE 'B' J NOTICE OF REGISTRATION TO: [owner(s)] WHEREAS the County Council of the Municipality of the County of Cape Breton has seen fit to enact a heritage By-Law pursuant to the provisions of the Heritage Property Act of Nova Scotia on the day of A.D. , 199 ; AND WHEREAS the said By-Law has received the approval of the Minister of Municipal Affairs for the Province of Nova Scotia on the day of , A.D. 199 ; AND WHEREAS a Notice of Proposed Recommendation for Registration of the property hereinafter more fully described as issued on the day of , A.D. 199 ; AND WHEREAS the County Council of the Municipality of the County of Cape Breton did sit to hear any objections regarding the recommendation of the property described in this Notice on the day of A.D. 199 at (time) and (place) t AND WHEREAS the said County Council of the Municipality of the County of Cape Breton has seen fit, after hearing those appearing at the time and place set for the hearing regarding recommendation to register the property more fully hereinafter described, as a municipal heritage property pursuant to the Heritage Property Act; 1. The property so registered consists of and is hereby identified as follows: (identify property so registered by brief legal description inclusive of civic address and/or assessment number if space insufficient attach appendix. ) 2. This Notice of Registration is being sent to you pursuant to the requirements of the Heritage Property Act and a true copy of this Notice of Registration will be deposited at the Registry of Deeds Office for Cape Breton County, situate at Sydney, Nova Scotia. SCHEDULE 'B' PAGE 2 3. The effect of registration of municipal heritage property shall be as is more fully dealt with in the Heritage Property Act, a copy of which is available at the business office of the Municipality of the County of Cape Breton during regular County hours. 4. Registration includes the following consequences: (a) Municipal heritage property shall not be substantially altered in exterior appearance or demolished without the approval of the County of Cape Breton; (b) An application for permission to substantially alter the exterior appearance of or demolish municipal heritage property shall be made in writing to the County of Cape Breton addressed to the Municipal Clerk, Municipal Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia, B1P 6W2. (c) Upon receipt of the application, the County of Cape Breton shall refer the application to the Heritage Advisory Committee for recommendation and within thirty days of such a referral, the Heritage Advisory Committee shall submit a written report and recommendation to the County of Cape Breton, whereupon the County of Cape Breton may grant the application either with or without conditions or may refuse it; (d) The County of Cape Breton shall then advise the applicant of its determination; (e) Notwithstanding items numbered (a) through (d) where an application has been made for permission to alter the exterior appearance or to demolish the property and the application is not approved, the owner of the property may make the alteration or carry out the demolition at any time after one year from the date of the application, provided that the alteration or demolition shall not be undertaken more than two years after the date of application. (f) The County of Cape Breton has the right to place a sign, plaque or other marker on the property indicating the significance of the property. SCHEDULE 'B' PAGE 3 (g) The Heritage Property Act provides for an offence punishable penalty and imprisonment upon default with respect to any person or corporation contravening the provisions of the Act, together with other remedies enforcing restraint and/or restoration; DATED this day of A.D. 199 MUNICIPALITY OF THE COUNTY OF CAPE BRETON WITNESS ) MUNICIPAL CLERK PROVINCE OF NOVA SCOTIA COUNTY OF CAPE BRETON ON THIS day of A.D. 199 , before me, the subscriber personally came and appeared , a subscribing witness to the foregoing Indenture, who having been by me duly sworn, made oath and said that Municipal Clerk for the Municipality of the County of Cape Breton, one of the parties thereto caused the same to be executed in its name and on its behalf and its corporate seal to be thereunto affixed in h presence. A COMMISSIONER OF THE SUPREME COURT OF NOVA SCOTIA a CHAPTER 30 INSTALMENT BILLING RESOLUTION Pursuant to s. 105[1] of the Assessment Act, R.S.N.S. 1989 c. 23, the Council of the Municipality of the County of Cape Breton hereby resolves that tax billings for fiscal year 1991-92 shall be as follows: 1. The First Instalment, equal to one-half (k) of the rates and taxes levied against the subject property for the year 1990, shall be due on January 1. 199 1,, 2. The Second Instalment, equal to one-half [2] of the rates and taxes levied against the subject property for the year 1990, shall be due on June_l_, 1991. 3. The Third Instalment, for the balance owing, shall be due on November 1, 1991. 4. Interest, at the rate of sixteen percent [16%] per annum, shall be charged on the unpaid balance as follows: [a] In the case of the first instalment, the effective date after which interest shall be charged is April 1. 1991. [b] In the case,of the second instalment, the effective date after which interest shall be charged is August 1. 1991. November 20. 1990 XXX Resolved by the Council of the Municipality of. the County of Cape Breton that the following by-law is hereby enacted and that the Clerk forward two copies of it to the Minister of Municipal Affairs for his approval. Instalment Billing By-Law 1. In each year, an amount of one half of the rates and taxes levied against a property in the previous year shall be due and payable to the Treasurer on the 15th day of march. Interest of 12% per annum to be paid on the unpaid balance on and after the 16th day of iiarch. 2. The rates and taxes levied against the property for the current year, less the payment made under Section 1 of this by-law, shall be due and payable on a date to be determined by Council by resolution. DEPARTMENT OF h9lIN!CIP;+.L AFFAIt�S THIS IS TO CERTIFY that the foregoing _ _____•-_._ �._ is a true copy of a by-law duly passed R �o amen •ems• for at a duly called meeting of the Council yap r .- a of th.: of the Municipality of the County of Cape Breton, duly held on the 9th day i, of December, 1980. -• - "' +Vr=' `- GIVEN under the hand of the Clerk and Ai �, t i.S ---. •-1 - d�� under the seal of the Municipality of �- L ) ( the County of Cape Breton onpthis y10th I °...: : I9...... day of. December, 1980. 'lairs•. �� j - CLERK 1 t MUNICIPALITY OF THE COUNTY OF CAPE BRETON AMENDMENT TO LOITERING AND CURFEW BY-LAW / o BE IT RESOLVED THAT the Loitering and Curfew By-Law is hereby amended by inserting the following Sections 5 and 6 after Section 4 of the By-Law: 5. (1) No person shall disturb the public peace in the Municipality of the County of Cape Breton, or: (a) lie or lurk in any highway, yard-or other place in the Municipality of the County of Cape Breton and not give a satisfactory account of himself; or (b) be drunk or feign to be drunk or make any. loud bawling, yelling, screaming, singing or shouting in any public street or thoroughfare of the Municipality of the County of Cape Breton; or - (c) incommode peaceful passersby or loiter on the streets or highways or in the doorways or windows of shops or dwellings on the streets or thoroughfares of the Municipality of the County of Cape Breton; or (d) obstruct people by standing across the sidewalks or thoroughfares of the Municipality of the County of Cape Breton. 6. Any person violating any of the provisions of this by-law shall, upon conviction before a Provincial Court Judge or a Judge of the Family Court, be liable to .a fine not exceeding $100.00 or to imprisonment for a period not exceeding one (1) month. The former Section 5 of the "Loitering and Curfew" by-law is hereby repealed. MOVED BY: Joseph P. MacKinnon (Deputy Warden) SECONDED BY: Wes Stubbert (Councillor) . ��• bEPARTMENT OF PAUNICIPAL ARM", THIS IS TO CERTIFY that the Recommended for above is a true and correct approval of the Milnister copy of a by-law duly adopted at a duly called meeting of the Cape Breton County Municipal Council, held on - -- `� the 16th day of October, 1979. �vi7�,�s . .�1... a �� MacEachern, M1nicipal Clerk-Treasurer. Page 22 CHAPTER Vlll MISCHIEFS AND NUISANCE 1. No person shat! without reasonable Noises cause shout, sing, ring a bell, blow a horn or make any disturbing noise in or in the vicinity of any public way or place betweeh the hours of ten o'clock in the evening and eight o' clock in the morning. 2i (1) Except between the hours of twelve o' clock noon and twelve o' clock midnight of any day no loudspeaker, micro- phone, amplifier or other transmitting apparatus connected with a radio, phonograph or other sound transmitting instrument or apparatus shall be operated in the municipality so that, the sound transmitted is projected beyond the distance of three hundred feet. (2) Any person who, (A) owns, operates or has in his possession or control a transmitting apparatus contrary to the provisions of Sub- section (1) of this Section: or ( 3) permits a transmitting apparatus to be operated on his premises or in his automobile contrary to the provisions of Subsection (1) of this ,erection; shall .be guilty of an offence. (3) This Section shall not apply to any horn, whistle, bell, or broadcasting device used either, (a) by any church, or any religous service. (b) for summoning or directing employees; or (c) foh the public interest or S afety.. Page 23 { 3: No person shall, without reasonable, cause, ring any doorbell or knock on any door window or otherwise disturb by means of signals the occupants of any room or Pre- mises. 4. (1) No person shall either walk, stand or be in a position where he obstructs pass- age in any public place or way or obstructs the steps or entrance of any public or private premises. (2) No person shall conduct himself in any of the places mentioned in Subsection (1) of this Section in a manner which causes annoyance to any person _lawfully using the same. 5. No person shall enter or remain with- Trespasser in any private dwelling or place of business after he has been requested to withdraw by an occupant in the possession of the private dwelling or place of business . 6, No person shall remove, damage or Removing hide any gate, fence or door unless Gates authorized to do so by the occupant or owner of the premises to which such gate, fence or door is appurtenant. 7. No person shall deposit stones , sand, Depositing soil, garbage, filth, ashes or other refuse Garbage on any premises unless authorized to do so by the owner or occupier. Page 24 8. No person shall unnecessarily discharge Firearms any firearms in or near any public place or way, or in or near any dwelling, store or other building, or in any cultivated field, or in any enclosure. 9. No person shall discharge any fire- Fireworks works in or near any public place, way or building, or in or near any private building except under the supervision of a responsible adult. IG. No person shall operate or cause S awmills to be operated any sawmill within forty yards of any public place or way with- out the permission of the finance committee. 11. No person shall permit the escape Gases of any noxious or foul smelling gases from premises which he occupies . 12. No person shall maintain any kennel, Kennels fox farm or other similar establishment which, by reason of smell, noise, pests or escaping animals , causes annoyance to the public or to the occupants of neighbouring premises. 13. No person shall cause a pigsty to be Pigstys maintained or permit a pigsty to be main- tained on his premises within one hundred yards of any public place, way or building. 14. 1) Where a person cuts ice on any pond, lake, river or stream he shall, before leaving the place where such ice is cut, guard the opening on all sides with a fence of brush, poles , wire or other materials sufficient to prevent accidents. 2) No person shall remove a fence so erected until all reasonable possibility of accidents from the lack of such fence has ceased. 15. Every person who contravenes any provision Penalty of this 3y-Law shall be liable to a penalty not exceeding fifty dollars and in default of payment to imprisonment for a period not exceeding one month. Page 4 CHAPTER 111 MUNICIPAL COUNCIL 1. (1) The annual session of the MuniciQal Regular S_ � Council shall be held on the second Tuesday Meetings of February of each year. The Council shall ?7G+�-3C�iCcQ convene at 10;G o'clock in the forenoon on the first meeting day or so soon after as cir cumstances permit, and at each succeeding meeting day the Council shall convene at 7:dG of clock in the afternoon or at such other hour as is specified in the preceeding motion of adjournment, until all business of the Council annual session is transacted. Meetings of Council shall adjourn not later than the hour of 1G:OG o'clock in th,�. afternoon, unless extension is agreed to by a majority of councillors present. (2) The C:�uncil shall hold monthly meet- ings fo.',lowing the annual Council session held in the month of Fe bruiary, and such monthly meetings shall be held on the third Tuesday of the month c^mrnencirg at 7:GG o'clock in the afternoon.' Regular meetings will not be held in the months of July or August unless deemed necessary by the Warden or by a majority of councillors . (3) The Council may h ld special meet- Special ings as provided by resection 8 of the Municipal Meetings Act. (4) Except where some other place is Place designated by resolution of Council all meetings of the Council shall be held in the Council Chambers, County Court House, Sydney, in the County of Cape Breton. (5) The Clark-Treasurer shall give Notice '"a '90 public notice of the time and place of each meet- ing of the Council and shall also mail a notice of each meeting to each Councillor. Page 5 (1) During a session the Council may Recess adjourn for short periods or to another place without ending the session. (2) A Councillor not present at roll Attendance call may have his name entered as present if he joins the council at the place of the meet- ing within thirty minutes .after the opening of the session in question and calls the attention of the clerk-treasurer to that fact immediately on his arrival. In the absence of the warden and deputy Chairman warden the Council shall appoint a chairman ,,� S$,y Brom .the councillors present. X31: The council shall, before the adjournment Minutes of the meeting, approve by resolution a copy of the minutes of all the sessions of the meeting and such copy shall be entered in the minute • book of the proceedings of the Council and shall be signed by the chairman and clerk- treasurer and such entry so made in the minute book shall be deemed to be the original minutes of the council. (1) Unless a majority of the council con- sents to a different order of business for that session, at each session the council shall con- duct its business in the following order: (a) call of the roll by the clerk-treasurer. (b) reading of the minutes. (c) business arising from the minutes. (d) reconsideration of motions or resolutions of which due notice has been given. (e) reading and consideration of correspondence, petitions and memorials. (f) reading of reports of committees and officers that have not been given on a previous day. (g) consideration of motions or resolutions of which notice has been given a previous day. (h) miscellaneous or new business . (i) notices of motion and. resolutions of a district nature. Page 6 F (2) Notwithstanding the provisions of subsection (1) of this section at the first session of the council after a general election of councillors and whenever the office of the warden, deputy warden orclerk-treasurer becomes vacant the first item of business after the calling of the roll shall be the election of a warden and deputy warden, and the election of a clerk-treasurer if that office is then vacant. (3) Notw:thstanding the provisions of sub-section (1) of this section and except when any question is actually under discussion the chairman may take up any item of business out of its usual order to bring before the council any matter that he may have in charge or otherwise alter the order of business. (1) The chairman shall preserve order Rules of and end-avour to conduct all business to a Conduct speedy and proper result. and debate (2) The chairman shall state every question properly presented to the council and before. putting it to a vote shall ask, "Is the council ready for the question?" If any teouncillor state NO then he shall be permitted to speak upon it. (3) The decision of the chairman on points of order shall not be debatable unless the chairman entertains doubts upon the subject and invites discussion. He may speak to points of order in preference to other councillors , arising from his seat for that purpose. He shall decide questions of order subject- to ubjectto an appeal to the council by any councillor. Where the chairman permits discussion of a point of order no councillor shall speak more than once. (4) When an appeal is made from the decision of the chairman on a point of order the chairman shall forwith put the question "Shall the decision of the chair be sustained?" Page 7 (5) The chairman shall, and any councillor may, call to order any councillor who violates any rule of order. (6) No councillor shall speak more than twice on any motion except to explaiins, a mis- conception of his remarks, but the mover of a substantive motion shall have the right to speak a second time to reply and sum up in the closing of the debate. (7) No councillor shall speak more than twenty minutes upon any matter at one time, without the leave of the council. (8) No councillor shall stand, speak or whisper so as to interrupt any councillor who is speaking in council, unless it be to speak to order or to ask the chairman for leave to explain. (9) When a councillor wishes to explain a misunderstanding he shall sand and ask leave of the chair, without further comment, and if permitted, shall explain an actual misunderstanding of language. 00 When a councillor wishes to speak on a point. of order, the question of order shall be decided before the matter under discussion is proceeded with, and when any councillor is called to order he shall take his seat until the point of order is determined. (11) When a councillor wishes to speak on a matter he shall rise and address his remarks to the chair and he shall confine himself to the matter in question. He shall avoid personalities and unbecoming language and shall sit down when he is finished or when his time for speaking has elapsed. (12) If more than one councillor rises at one time, the chairman shall determine who first rose, and he shall permit that councillor to speak. Page 8 (13) The chairman may censure any councillor who: (a) while speaking impeaches the motives of another councillor, (b) while speaking treats another councillor with personal disrespect, (c) passes between another councillor who is speaking and the chair, (d) uses unbecoming language (e) talks or acts so as to distract a councillor who is speaking, or (f) wilfully violates any rule of order. (14) If any councillor considers himself to have been personally aggrieved by a rebuke of the chairman he may appeal from such rebuke or censure to the council. (15) Any councillor shall be heard in his place touching any charge brought against him as a councillor, but he shall withdraw before the council proceeds to consider the charge. (16) When a division on any question is demanded the chairman shall call for the yeas and nays, the councillors voting in the affirmative shall rise and be counted and then sit down, and then the councillors voting in the negative shall rise and be counted and then sit down, and the chairman shall then declare the result. (17.) When any two councillors so require, the names of the councillors voting on any question, and the way they voted shall be entered in ,the minutes . (18) Unless he is personally interested in the result or is excused from voting by the chairman, each councillor present when a motion is put- shall vote on that motion. (15) A majority vote shall determine all questions arising in council and .the chairman is entitled to vote on all questions. Page 9 7. (1) Resolutions and amendments thereto Motions are substantive motions and all other motions are procedural. (2) All substantive motions shall be, (a) made in writing (b) seconded (c) read aloud by the chairman or cleric-treasurer (d) open for debate, after being read. (3) Every motion involving the expenditure Money of money and not a resolution to adopt a report Matters �< of the finance committe shall require one day's U notice in writing. (4) A motion may be withdrawn by the Withdrawal mover with the consent of the seconder at any time before the council has voted upon it. (5) When a motion is before it the council Privileged shall consider only the following motions and in Motions the order listed: (a) a motion to adjourn (b) a motion to lay on the table, ;E_�_ r (c) a. motion to postpone for a definite period, (f( a motion to amend When 'any such motion has been made, only motions of a prior order shall be received and motions shall be considered and decided in the reverse of the order in which made. All motions except the motion to adjourn shall be seconded_. (b) A motion to adjourn shall always Adjournment be in order except in the following cases: (a) When a councillor is speaking (b) When the council is voting (c) When the preceding motion was one of adjournment Page 10 .� 'The following motions shall be decided Undebatable without de bates : Motion (a) a motion to reconsider, (b) a motion for suspension of the order of the day (c) a motion to permit a councillor to speak more than twice on a matter (d) a motion to permit a person not a councillor to address the council (e) a motion to postpone to a certain day (f) a motion to lay on the table when it is made as a privileged motion (g) a motion to. adjourn Every amendment submitted shall be de- Amend- . �ceded or withdrawn before n the maiquestion ments is put to a vote, and no more than one amend- ment of the principal motion shall be received or considered at one time. Only one amend- ment to an amendment shall be decided or with ( drawn before the amendment is decided. th� On an amendment to "strike out and insert", Mode of matter to be amended shall first be read stating . as it stands, then the words proposed to be struct out shall be read, and then words to be inserted shall be read, and finally the matter shall be read as it would read if so amended. (AfG.) When a councillor is absent from a session Notice of for4 which he has previously given a notice of.. Motion motion, such motion may be taken up by any other councillor at that ,session and that other councillor may make a motion in accordance with the notice of motion. After a question has been decided either Notice to in Aie affirmative or the negative and after the Reconsider decision has been announced from the chair, any member of the council may give notice at the same session that he will move a reconsideration of the question either at the next session or where the session is the last of a meeting at the conclusion of the business of that session and before the council adjourns. Page 11 -12 . A discussion of the matter to be re- considered shall not be allowed on the motion to reconsider. 13. . A question shall not be reconsidered more than once and a vote on a motion to reconsider shall not be reconsidered.. 14. Except as provided in this by-law, unless the council consents by unanimous vote no motion shall be reconsidered. 15. The rules of parliamentary procedure Laws of shall govern the proceedings of the council Parliament in all cases not provided for in this by-law. 16. When a report, by-law, petition or other Indorsing document is read in council the chairman shall Documents indorse upon it, ('a) a note of reading, (b) the date, (c) the manner in which it was disposed of. 17. The council by unanimous vote and in Rules any session may suspend any rule of order Suggending provided in this by-law. 8. (1) Every petition, remonstrance or Petitions written application made to the council shalt and . be legibly written or printed on paper and Correspond - shall be signed by every person required ence to sign. (2) When a councillor presents a petition to the council he acquaints the council -with its contents and ask leave of the council for it to be read. (3) Every petition, remonstrance, memorial or written appliciation presented to the council shall have indorsed upon it the name of one of the petitioners or applicants and the substance of the matter contained in it. Page 12 t (4) The council may resolve to hear the indorsement on a petition, remonstrance, memorial or written application in lieu of hearing read the petition, remonstrance, memorial or written application. (5) Every petition shall be heard and every delegation shall be received on or before the tenth day of the annual meeting. 9. (11 Each r of the council, inelud- Payment ing the warden shall be the sum of $1,506, for Regul- per year of which $560, shall be deemed to be ar Meetings expense allowance. (2) if a member of the council fails to attend annual meetings he shalt not receive his remuneration therefor unless the council determines otherwise. RESOLVED by the Municipal Council of the Municipality of the County of Cape Breton that the following by—law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs with a request for his approval hereof. CHAPTER 33 MUNICIPAL LAND TRANSFER TAX PART I 1. Chapter.10 of the Statutes of Nova Scotia, 1968, an Act to Authorize a Municipal Land Transfer Tax shall apply. to the Municipality of the County of Cape Breton . 2. The said Municipal Land Transfer Tax Act shall apply. to the Municipality of the County of Cape Bretonfrom the lst day of October _ A.D., 1975 , or the date of approval by the Minist,er. of Municipal Affairs, whichever is later. PART II 3. In this by—law, (a) "Deed" means any instrument or writing not testamentary in character, whereby property is conveyed, transferred, assigned or vested in any person, but does not include a mortgage or an agreement of sale or a lease for a term less than twenty—five years, or a deed given by the Clerk in pursuance of a sale for rates and taxes; (b) "Grantee" means the person to whom property is transferred by deed for value or otherwise; (c) "Grantor" means the transferor or the person who transfers property by deed for value or otherwise; ./2 Y (d) "Person" includes a corporation and the heirs, executors, adrainis— trators or other legal representatives of a person; (e) "Property" means real property of any kind including any right, easement or power in respect thereof or interest therein; (f) "Sale Price" means the entire consideration for the sale of the property and, without restricting the generality of the foregoing, includes:- _ (i) money consideration paid together with the .par or I face value of promissory notes, cheques, Mils of exchange, agreements and securities forming part of the consideration„ (ii)_—the. grass.val.ue..of real .or personal .property given in exchange in whole or .in part including mortgages made ' by the grantee in favor of the grantor or his executor,. nominee, assignee, trustee, or anyone on his behalf; (iii) outstanding obligations or accounts cancelled, .satisfied or assumed; (iv) the amount of rates, taxes, liens, mortgages and encumbrances, including interest and expenses thereon assumed by the grantee at the date of transfer; (g) "Transfer" means real property of any kind including any right, easement or power in respect thereof or interest therein; (h) "Value" means the sale price. 4. (a) On every deed a tax of one—half of one per cent of the value of the property thereby conveyed is imposed and levied. (b) Where the property is situated partly within any other municipal units whether or not the Municipal Land Transfer Tax Act applies to such other units the value shall be apportioned and the tax shall be computed on that part of the value that has been apportioned to the Municipality of the County of Cape Breton in accordance with subsection (2), (3) and (4) of Section 3 of the said Municipal Land Transfer Tax Act. ./3 4 S. When the grantee is a Canadian charitable organization registered under the Income Tax Act (Canada) and the regulations made under that Act, a deed i3,Rxempt from the. tax imposed :i' the property is not to be Lied for any :_commercial, industrial, rental or other business purpose and if an officer of the grantee makes and .files with the Clerk an affidavit to this effect and sets out the number of its registration under the Income Tax Act (Cascada).. The affidavit may be in the form in Schedule "A" of Part III of this by—law or to the like of fact. 6. . Whan.z..deed..transfers,..property_between .a wholly—owned subsidiary company and its parent company or between companies that are-wholly owned by another company or person then it is exempt from tax. 7. When a deed merely confirms, corrects, modifies or supplements a deed previously given and there is no consideration therefor_beyond: one dollar and it does not include more property than the deed previously given then it is exempt from the tax. S. Not later than seventy—two hours after a transfer, and whether or- not a tax is payable thereon, the grantee shall file with'- the Clerk an affidavit made by himself or by someone having a full knowledge of the facts, setting out the- names of the parties, the location of the property, the sale price of the property with full details of the consideration including the amount of any lien or encumbrance subject to which the transfer was made; and if .the affidavit is not made by the grantee it shall state that the person making it has personal knowledge of the facts stated therein. The affidavit may be in the form in Schedule "A" of Part III of this by—law or to the like effect. 9. The tax shall be paid by the grantee named in the deed and shall be due and payable by him at the time of making transfer. ./4 ' :4 10. If the Clerk is not satisfied that the affidavit sets out the true and complete sale price or if for any reason he is not able from the affidavit to determine the sale price then such tax shall be determined in accordance with Section 9 of the said Municipal Land Transfer Tax Act. 10A. That the Registrar of Deeds be appointed to exercise and perform the powers, duties and responsibilities of the Clerk under sections 7, 8, 9 and 10. 11. Upon payment of the tax the Clark shall endorse the deed with a certi- ficate in the form in Schedule "B" of Part 111 of this by-law or to the like effect. 12. If the Clerk finds that the dead is exempt from tax, he shall endorse the deed with a certificate in the form in Schedule "C" of Part 311 of this by-law or to the like effect. 13. If the grantee does not pay the tax when due he shall pay interest thereon at the rate of one-half of one per cent per month until paid, beginning ten days after the transfer, and a penalty of ten per cant on any tax or portion thereof which remains unpaid after thirty days from the date of the transfer. 14. The tax with interest and penalty constitutes a lien upon the property situate wholly or in part within the. Municipality of the which is conveyed by the deed. The lien attached on the date when the tax is due and continues until discharged by payment, or in accordance with law, and may be collected in the same manner as annual rates and taxes of the unit are collqcted. 15. Any person who makes any false statement in an affidavit or any person who violates any provision of this Act shall be liable on summary conviction to a penalty not exceeding five hundred dollars and in default of payment for a term not exceeding three months, and further shall be liable to pay the amount of the tax, together with interest and penalty that should have been paid upon such deed. X PART III TO SE FILLED CUT IN TRIPLICATE h E D -U L E 7Y A 14 AFFIDAVIT OF VALUE The Gxa,�tee, the solicitor for the grantee, or the duly authorized agent of the grantee, must .fill out this form-and present the same, together with the instru- ment under which title has been acquired, to the Municipal Clerk. If property has--been .acquired-by'.Will, _state _date. of probate---and. book and. page. where Will is recorded. if property has been inherited by intestacy, give date of death of former owner as date of acquiring title. If property has .been acquired through partition, court order, or in any manner other than by deed, state natur.e. of proceedings, date of final order and number and page of book where final order is recorded. ./6 hereby make oath and say that I am ( the grantee ) ( solicitor for the grantee ) herein named, and that the information ( duly authorized agent of the grantee) hereinafter contained is true to the best of my knowledge and belief: Manner of Acquiring Title . . . ... . . .. . . . . .. . . . .. . ...... (Deed, Will, Intestacy, CourtOrder, fEtc. ) Present Owner (grantee) . . . . . . . . . . . . . . .. . •............. ...._. .. (Name in Full) e� (Name and Address in full) ... ..... .. .. .. .. . .. .... ... . . .... . .... .......... .. ................ ..... ....... .. ... .. . .. ... .. .. .... ............. .. . . ..... ... .. . . Former Owner (Grantor) .. . .. .. . . . . . . . . . .. ... ........... .. ... . .. ... .. . .. Street and Number (of property conveyed) . . .... .. .. . .. ... ......... . . . ........ ..... Sale Price S.. . . . .. .. . .. . ... . . ... . . . . . .. ... . . . . . . .. .....Transfer Tax $.... ...... ... Date of acquiring title.. . . .. . .: .. . . . . .. ... . .. . . . . .... .. ... ......... . . ......... .. Explain if property is exempt from transfer tax. . . ............... ... .... . . . DESCRIPTION OF PROPERTY (this must be exact copy of legal description, recital paragraph, and all ease- ments, restrictions, reservations and rights of way. Describe only one property on this form. Description of separate pieces of land used as one property may be registered on one form. ) ALL ( S P A C ) (Use reverse side if not space enough here for description. ) SWORN to at in the ) of , Province of Nova Scotia ) on the day of ) A.D., 19 , before me, ) ) . . . .. . .. .. ...... .. .. . . . .. . . ... .. . . .. .... . ) A Barrister, Commissioner, Notary Public ) •/7 SCHEDULE " B CERTIFICATE OF CLERK Clerk of the municipality of the do hereby certify that the deed transfer tax on this deed has been paid in full on the day of A.D., 19 • •. ••Municipal Clerk S C H E D U L E " C " CERTIFICATE OF CLERK I, Clerk of the Municipality of the do hereby certify that no deed transfer tax is due or payable on this deed. Dated this day of A.D., 19 ........ .. .... . .. ... ....... .. .. Municipal Clerk :T OF ",!'C`OAL AFFF,IRS I, Clerk, of the _..._,. _._,_.. Municipality of the. of hereby certify that •��do o,: `+� s mlini�,er CG` �i.1�e fora going is a true cof.;y of a x by—law passed by the Council of . ............ !.��L the Municipality of the..�(�:. n,,t ' ':•r �j�,� a meatin duly held rand convened t on the day of�,L e A.D./' � v 41 I APP ;�Uti A) ....... . tiu ......:�;:.. - Oi GIVEN under the hand of the Municipal Clerk and under the corporate seal of the said _ Municipality this day of Page 18 CHAPTER VI f` MUNICIPAL OFFICERS FICEPS 1. (I) Every nomination for warden, Nomin,-tigh deputy warden or other office or position. shall be made by two councillors . (2) The election of the warden, Election deputy warden or other nominees for office and all municipal officers shall be by ballot. Notwithstanding the provisions Dispensing of subsect�o ) of this section the council with may, . by unanimo nsent, dispense with a Ballot ballot and elect the cler asurer by a roll call vote. (4) Where only one person is The Nominee nominated for an office and nominations have been closed by resolution the council , may by resolution instruct the clerk or any councillor to deposit a ballot for that person, and the chairman, or clerk if there is no ( chairman, shall declare. him elected to the office for which he was nominated. (5) Where more than two persons are More than nominated by the council for election to an two office and no nominee receives on the first Nominees vote or ballot a majority of the votes of the councillors present, the name of the nominee receiving the least number of votes shall be dropped from the vote or ballot and the council vote again. The council shall con- tinue to vote until one of the nominees has a majority_ of the votes of the councillors present. (6) District officers shall be appointed District by majority vote of council. Officers. page 15 2. All salaries and services the charges Payment / for which are definitely fixed by statue, by- f of law, ies or resolution and which are payable alar by the municipality shall be paid by the treasurer from the funds provided for the purpose, on the certificate of the warden. 3. The oath of office. made by each officer Gg of the municipality shall be transmitted to the clerk who shall file it in his office. 4. The clerk shall mail a notice to each Notice Of person appointed by the council to any Office office or position or furnish each councillor with blank notice forms for all persons appoint;- ed ppoint_ed in the district of such councillor, and shall furnish copies of all orders or resolutions made by the council to the persons who may be affected thereby or whose duty it may be to execute such order. 5. (1) The clerk-treasurer shall perform Clerk all the duties prescribed in e n-.-.w WA the Municipal Act and in any other statute, by-law or resolution of the, council. (2) Lefore entering upon or continuing his duties the clerk-treasurer shall give security in the form required by law in the �w�o''fJ !03 amount of ten thousand dollars, which .security shall be kept by the warden. This shall also apply to the deputy treasurer, tax collector and tax constables. (3) The clerk-treasurer shall lay before the council at its annual meeting in each year /3 ? , a report of the receipts and expenditures of the municipality for the preceding year, and also a statement of the collector's accounts and of all liabilities and assets of the municipality as of the thirty-first day of December of the pre- ceding year. f Page 2L (4) The books and accounts kept by the clerk-treasurer shall be kept in a clear and intelligible manner and according to the methods of bookkeeping best adapted to show the financial state of the municipality and the various bodies for which it acts . the books shall be the property of the municipality and shall be open to the inspecticn of the warden or any councMor at any time. 6 . (1) The council shall appoint at every Auditors annual meeting a municipal auditor to be the /1/ auditor of the municipality and of the municipal boards, commissions and managing committee. (2) The auditor shall report to the next annual meeting in the manner required by law. 7. (1) The coy zcil shall appoint a Collector collector of municipal rates for the municipality. . . He shall hold office until his successor is appointed. ' (2) The collector shall pay over to the clerk-treasurer at the end of each month and after receipt of his roll and all municipal rates and taxes collected. (3) The collector shall perform all the duties imposed on him by the Assessment Act aa.d any other statue or by-law. (4) The Collector shall make his final return, in each year no later than the fifteenth day of January oT the following calendar year. (5) The collector, in making his final return, shall dol:ver• his roll or rolls to the clerk-treasurer and furnish him with ex- planations for any amounts not collected. (6) 3eiore entering upon or continuing his duties the collector shall give a bond to the municipality for the faithful performance of his duties and for the due accounting for any monies which come into his possession as collector$ in the amount of .C:GC, (7) The county_ tax _constables shall assist the collector in the collection of rates and taxes . s CHAPTER 11 Page 3 MUNICIPAL SEAL 1. (1) The seal of the corporation shall Seal be made of suitable metal and have engraved upon it the name of the municipality. (2) The clerk-treasurer shall have Custody custody of the seal. (3) The warden or clerk-treasurer Authentication may affix the seal to any document for the purpose of authentication. (4 ' hstanding subsection of this section there a char a charge for certi5cates require nicipal purposes or for ce:tific appointmen Linicipal or distri officers . required by a court w. (5) The warden and clerk-treasurer 'Documents shall affix the seal to any _ authorized deed or Under ,Seal .contract or ocher Ldocument which is required by law to be under seal and shall countersign each such document. 2. The clerk-treasurer shall keep in his Custody of office a copy of the by-laws of the municipality 3y-Laws amended to date which shall be open to public inspection without charge at all reasonable hours . CHAPTER 36 MUNICIPALITY OF THE COUNTY OF CAPE BRETON BY-LAW RESPECTING PARTIAL TAX EXEMPTION 1. This By-Law shall be known as the Partial Tax Exemption By-Law. 2. The property of those non-profit community, charitable, fraternal, educational, recreational, religious, cultural, or sporting organizations or institutions named in Schedule "A" to this By-Law shall be exempt from taxation. 3. The partial exemption provided in Section 2 shall apply only to that portion of the property specified in Schedule"A" . 4. When a property, or part thereof, listed in Schedule "A" ceases to be occupied by the owner for the purposes provided in Section 2, then the partial exemption from taxation shall cease and the owner of the property shall immediately be liable for the real property tax on such property or part thereof for the portion of the year then unexpired. 5. This By-Law shall have effect commencing in the municipal taxation year 1990. ADOPTED BY THE COUNCIL OF THE MUNICIPALITY OF THE COUNTY OF CAPE BRETON ON SEPTEMBER 19, 1989 SCHEDULE "A" The following properties should be indicated as accounts where a yearly write-off of taxes is considered by the Municipality. These properties belong to various Churches, Clubs and Charitable Organizations. A review of these accounts should be done on a yearly basis to determine if a tax write-off for that year should be approved. EXTENT OF APPLICATION PROPERTY ASSESSMENT NO. OF SECTION 2 1. St. Ann's Parish - Camp Long Island 04400038 The Whole 2. Catholic Church - Camp Beaver 00693804 The Whole 3. Talbot House 04524004 The Whole 4. Catholic Church - East Bay 00692646 The Whole 5. Catholic Church - Tennis Court 04403738 The Whole 6. Presbyterian Church - Camp 00698415 The Whole 7. Presbyterian Church - Camp 00582174 The Whole 8. Knox United Church 02389495 The Whole 9. Baptist Church - Camp 02063948 The Whole 10. Anglican Church - Camp 00087408 The Whole 11. Catholic Church - Playground 02135558 The Whole 12. Army Navy & Air Force 01372459 The Whole 13. East Gate Lodge 04682122 The Whole 14. Riverview Y's Men 03972151 The Whole 15. Sydney Lions' Club 04516583 The Whole 16. Martin Lodge 03061116 The Whole 17. Donkin Band 04682114 The Whole 18. Port Morien Wildlife Association 00656178 The Whole 19. Thistle Lodge 04588487 The Whole SCHEDULE "A" (cont'd) EXTENT OF APPLICATION PROPERTY ASSESSMM NO_ OF SECTION 2 20. St. Joseph's Mens Club 04403029 The Whole 21. Village Mens Club 04564294 The Whole 22. Airway Beagle Club 00031437 The Whole 23. Cape Breton Gun Club 00658731 The Whole 24. Mira Community Pasture 03263916 The Whole 25. Mira Community Pasture 05139872 The Whole 26. Mira Community Pasture 01263932 The Whole 27. Mira Community Pasture 02750341 The Whole 28. Martin MacLellan - Grand Mira Lease of Land for Recreation 02887436 $100.00 per year 29. Grand Mira North Recreation Association 07285078 The Whole 30. Polar Bear Beach property (Wayne Weatherbee) 04840429 The Whole 31. Point Aconi Road Community Development Association 07213190 The Whole 32. Mira & District Adult Recreation Association 03263894 The Whole 33. Gillis House 00692611 The Whole 34. Gillis House 00363049 The Whole 35. Gillis House 05453232 The Whole 36. Gillis House 01413708 The Whole 37. St. John Parish 00692573 The Whole 38. Bateston Athletic Club 03617009 The Whole 39. Cape Breton Bowmen Association 07290829 The Whole 40. Cape Breton German Shepherd Dog Club 00577529 The Whole SCHEDULE "A" (cont'd) EXTENT OF APPLICATION PROPERTY ASSESSMENT NO. OF SECTION 2 41. Albert Bridge Recreation Association 02703432 The Whole 42. Lingan Community Association 07261349 The Whole 43. Catholic Church - Camp Beaver 00693804 The Whole 44. Kinsmen of Sydney Mines Daycare 02377268 The Whole 45. Mira & District Historical & Heritage Society 02683482 The Whole 46. Schooner Curling Club 07292546 The Whole 47. Sydney River Columbus Club (Knights of Columbus) 01707507 The Whole page L'5 7 r--I..„ F P`NALITIQz.; 1. where any person contravenes any provision of any by�-law of the Ulunicipali�y for which no penalty is expressly provided he shall be liable to a penalty not exceeding fifty dollars ana in default of payment to imprisonment for a period not exceeding ten days. 2. Where any person is imprisoned for failure to pay a fine ov costs he shall be discharged from his imprisonment upon payment of the fine, costs and charges of conveying him to the place of his ir_prisonment. 3. Ever, sentence of it priso.ment shall 1.-Pe served in the. Count%Ir Jail at Cape Breton County. 4. Event' nine or pe.�e1j, imposed under the by- laws of the .'Municipality shall be exclusive of costs, and costs when iw,-uvred snail be i-raposed in addition to a fine. o,; penalty. 5. No fine or penMiy irnposed under the by- laws of the Municir,^:i!�'-J shall be construed to affect any liability for damage. 6. Except where expressly provided otherwise any person may inztiate a prosecution for a contravention fo the by-jaws of the Municipality. 7. Unless otherwise required by law every fine or penal:t/ shell be paid to the Clerk- Treasure= and, ioi,m part of the general funds of the Municipality. Nova Scotia 416, Department of PO Box 216 Municipal Affairs Halifax. Nova Scotia B3J 2M4 902 424-4141 Our file no: 07-88-0037 October 28, 1988 Mr. David N. Muise County Solicitor Municipality of the County of Cape Breton 865 Grand Lake Road SYDNEY, Nova Scotia B1P 6W2 Dear Mr. Muise: RE: Municipality of the County of Cape Breton - Amendment to Regulation of Animals By-law The above mentioned by-law amendment which was adopted at a meeting of Cape Breton Municipal Council held on September 20, 1988, has been approved by the Minister of Municipal Affairs. I return to you two copies bearing his approval dated October 28, 1988. Yo uly, John R. Cameron Counsel JRC/kbb Enclosure i THM 18 TO CERTIFY that the attached Is a true copy of an amendment to the Reputation of Animeb bylaw of the f-4unicipality of the County of Cape Breton. passed by the Council of the Municipality of the County of Cape Breton at a duly called meeting Feld an Tuesday.9aptawrAar 28. 1980. I JERRYARYAN.A�LERIt TREASURER I ii ! ,I I I ii II !I ,i i .i 1 1 I 1 I � 1 II i! It I! 1 'i Il :I �I ! it i� ii REIiL`I.tJ ncN i IES tT RlWANED that the Regulation of Animals Bylaw be amsaded an follows: f 1. THAT Sections 3. 4. 5 and S be amended by removing all words following '*WI be liable to a penalty not mceading' and replacer: with :he following wordat I 'Two 1 kyu rsd Fifty C Chars t8==]. but not less than Fifty Oath" (00.003 MW In default of payetpant to letppriaoepeeaert for a period eros awing t30]days. i iI 1� i I 1 i I� ' I .I Page 29 Ci APTER X REGULATION OF ANIMALS 1. This by-law shall apply to dogs only where Amalicatior,� dogs are specifically included in the terms of application of a provision. 2. • (1) No person shall cause pain to any Cruelty to wild or domestic bird or animal including any Animals dog unless the infliction of pain is necessary for its care, cure or training. (2) No person shall maim any wild or domestic bird or animal including any dog, nor bind it so as to cause suffering, nor treat it otherwise than in an humane manner. 3. The owner or harbourer of any male Going at ass , stallion, bull,billygoat or ram over six Large months old or capable of the reproductive process who does not prevent it from going at large shall be liable to a penalty not ex- ceeding fifteen dollars and in default of pay- ment to imprisonment for a period not ex- ceeding seven days . 4. The owner or, harbourer of any ass, Diseased mule, horse, cattle, sheep, pig, goat or Animals other domestic snimal which is suffering from an infectious or contagious disease who, (a) does not prevent it from leaving his premises except under effective control, or (b) does not prevent it from herding with undiseased animals, shall be liable to a penalty not exceeding twenty dollars and in default of payment to. imprisonment for a period not exceeding ten days. 5 . The owner or harbourer of any goose, Fowls turkey, chicken, or other domestic fowl who Going At does not prevent it from going at large shall Large be liable to a penalty not exceeding twenty dollars and in default of payment to imprison- ment for a period not exceeding ten days. . Page 30 f 6. The owner or harbourer of any domestic Other animal not mentioned in Section 3 of this 3y- Animals . Law who does not prevent it from going at Going At large shall be liable to a penalty not exceeding Large ten dollars and' in default of payment to im- prisonment for a period not exceeding five days . 7 . The penalties prescribed in Sections 3, 4, 5 Effect of and 6 of this B'-Law shall not affect any liability Pen ties for damages or poundage fees which might result from violation of Section 3, 4, 5 or 6. 8. (1) Any -person who sells the flesh of any Disposal animal, including a dog, which has died or been of Diseased killed while exhibiting syptoms usually associated Animals with a disease shall be liable to a penalty not exceeding forty dollars and default of payment to imprisonment not exceeding ten days. (2) Any constable may destroy or cause Destruction to be destroyed any dog or other animal which has rabies , anthrax or other deadly disease. . (3) Any person may destroy any rabid dog or other rabid animal found at large. (4) Any person may secure and confine any dog or other animal which appears to be rabid. 9. Where a majority of the resident ratepayers Pounds of a district or school section petitions the council to have the district or school section designated a pound district, the council shall, if satisfied that the petition in the required form, designates the district of school section a pound district. (2) Where a majority of the resident (Expenditure taxpayers of a pound district petition the council For for the erection of a pound, the council may authorize an expenditure for the purchase of land and erection of a pound thereon and the expenditure shall be a charge on the pound district. V P age 31 (3) Where no pound is created the Warden Where no may authorize any suitable building or enclosure Pound to be used as a pound. Erected (4) The council shall annually appoint Appointment a pound keeper for each pound Of Pound Keener (5 A pound keeper shall be entitled Fees to fees as et out from time to time bythe council. (6) (1) W e a perso inds, other Where No animal or domestic wl da age on his Pound premises .and his pre s are not in a pound district he may co 'ne the animal or fowl in any suitabl manner. (2) if such a person 'ves the notices an adver':isements require of pound keepers a shall be entitled to, in a ' ion to his cause for action for damages, th sam fee chargeable by pound keepers .. ! 1 Page 6? Chapter XXII PEAL. From and after the day on which the foregoing by- laws and regulations are :eppi-owed by the Minister of Municipal Affairs , all by-lawe , regulations , of dtnances and orders of the Municipality, inconsistant with the fore- going by-laws, ordinances, and regulations , except as applies to zoning, shall cease to have force and effect, and are hereby repealed. Provided, however, that all of said by-laws , ordinances and regulations so repealed shall be considered in force for purpose of keeping effective and validating any matter or thing done in pur- suance thereof, in accordance therewith, or in obedience thereto, before such repeal, and for the purpose of enabling prosecutions and actions to be maintained and convictions to. be made, and of maintaining and keeping in force judgements, orders and convictions , already made or to be made in respect of matters happening before the said rspeal. `5 i 1 j} i i l i } f q 1 c r f, COUNTY OF CAPE BRETON BY-LAW NO . 101 SEWER AREA BY-LAW 1 .01 Definitions : In this By-law: (a) "Council" - means the County Council for the Municipality of the County of Cape Breton. (b) "Sewer Area" - means an .area designated by Council and basically served by one sewer System. (c) "Sewer Charge" - means the amount payable by each owner of property in regard to that property. 2 .01 Council may designate one or more areas , each to be known as a sewer area, where the sewer charge is paid by the owners on the basis of the foot frontage . 2 .02 Each year the Council shall fix a sewer rate for each sewer area. 3 .01 In reaching the sewer rate for a particular sewer area, Council shall total the amount of foot frontage in that sewer area, divide the total into the amount of revenue to be raised for that area, and thus , arrive at a sewer rate per foot frontage . 4 .01 The amount of revenue to be raised for a sewer area shall be calculated by the Council and predicated on the total sewer expenses, both capital and maintenance, for the previous year, and adjusted to meet foreseeable increase or decrease in the current year as well as the deficit or surplus from previous year. 2 5 .01 The sewer charge payable on any property shall be the amount of foot frontage of the property, multiplied by the sewer rate for the particular sewer area in which the property is located., 6 .01 Any corner property where a sewer changes direction from one street to another and where a sewer is constructed in both streets, the property shall be entitled to a deduction equal to the frontage of the larger side of such property, however, this deduction shall not exceed 100 feet. 6 .02 In calculating foot frontage, the minimum is 50 feet. 6.03 The minimum shall also apply to any property serviced by the sewer whether the property has frontage on a sewer or not . 6.04 Where the owner and the Council are unable to agree on the length of frontage to which the frontage charge shall apply, the owner shall cause the frontage to be measured by a Nova Scotia Land Surveyor, and the certificate of the surveyor shall determine the geographic length and location of the sewer and the property. 6 .05 Where sewer is constructed through private property the property shall have the same foot frontage as if the sewer had been constructed under the highway, street or lane on which the property fronts. 3 7 .01 Sewer charges are levied and payable at the same time as municipal taxes, bear interest on arrears at the same rate, form a lien on the property, and are subject to the same collection remedies as municipal taxes . 8 .01 The precise boundaries of a sewer area are determined from a line joining the coordin- ates as set forth in section 9 .01 for the particular area. 8 .02 The appended list of included streets and the map are for ready reference only. 9 .01 The following sewer areas are hereby designated: 1 . PORT MORIEN SEWER AREA That area enclosed by a line connecting the following zone 20, Universal Transverse Mercator Co-Ordinates . NORTHING (METERS) EASTING (METERS) A. 5,111 ,000.00 275,000.00 B. 5 , 113,000.00 275,000.00 C . 5,113,000.00 277,000.00 D. 5,114,000.00 277,000.00 E.. 5 ,114,000.00 279,000.00 F. 5 ,111 ,000.00 276,500.00 This area includes Peach St. , Cliff St . , Church St . , Breakwater St . , -Birch St. , Backroad, Pendergast Lane, Amy St. , Route 255 from Murrants Hill to the Phalens Bar, No . 6 Mines Road from Route 255 Easterly, approximately one half mile, and Birch Grove Road from Route 255 Westerly, approximately one and one half miles ; including both sides of all streets. 4 2 . DONKIN SEWER AREA That area enclosed by a line connecting the following zone 20, Universal Transverse Mercator Co-Ordinates. NORTHING (METERS) EASTING (METERS) A. 5,117,000.00 276, 500.00 B . 5,117,000.00 280,000.00 C . 5,119,500.00 280,000.00 D . 5 ,119,500.00 276, 500.00 This area includes Bastable St. , South St . , Center 'St. , North St. , MacQueen St. , Barrett S't. , West St. , Centre Ave. , Middle St . , MacLean St. , First St. , Second St. , East St. , No . Six Mines Road from Schooner Pond to Port Caledonia; including both sides of all streets . 3 . EDGEWOOD DRIVE SEWER AREA That area enclosed by a line connecting the following zone 4, Modified 30 Transverse Mercator Co-Ordinates: NORTHING (FEET) EASTING (FEET) A. 16,765,000.00 1 ,335, 700.00 B. 16,765 ,800.00 1 , 336, 500.00 C. 16,765 ,200.00 1 ,338 ,000.00 D. 16, 674,000.00 1 ,336,800.00 This area includes Champlain Ave. Extension, Edgewood Drive and Tower Heights, including both sides of all streets. 5 4. PRIME BROOK SEWER AREA That area enclosed by a line cor_ :ecting the following zone 4, modified 30 Transverse Mercator Co-Ordinates: NORTHING (FEET) EASTING (FEET) A. 16,760,380. 00 1 ,328 ,300.00 B. 16,758, 500.00 1 ,327,000.00 C. 16,758,000.00 1,327,000.00 D. 16,758,000.00 1 ,330,000.00 E . 16,759,100.00 1,330,000.00 This area includes Sunset Drive, Virginia St . , . Rockway Ave . , Reids Lane, MacArthur Road and Alexander St. between the City of Sydney boundary and Highway 125 ; including both sides of all streets. 5. GANNON ROAD SEWER AREA. That area enclosed by a line connecting the following zone 20, Universal Transverse Mercator Co-Ordinates : NORTHING (METERS) EASTING (METERS) A. 5,122 , 000.00 711 ,000.00 B. 5, 123,000.00 711,000.00 C. 5,123,000.00 712,000.00 D. 5 ,122 ,400.00 712 ,000.00 E. 5 , 122 ,000.00 711 ,300.00 This area includes Tobin Road Extension, Copp St. , Emerald and Center St. from the North Sydney Town Boundary Northerly, Highway 105 from the North Sydney Town Boundary Northerly approximately 1000 feet , Mapleview Drive from Highway 105 Northerly approximately 700 feet, including both sides of all streets . 6 6. BRAS D 'OR SEWER AREA That area enclosed by a line connecting the following zone 4, modified 30 Transverse Mercator Co-Ordinates . NORTHING (FEET) EASTING (FEET) A. 16,809 ,500.00 1 ,304,600.00 B. 16,813,000.00 1,304,600.00 C . 16,813 ,000.00 1 ,308 ,000.00 D. 16,809, 500.00 1 ,308,000.00 This area includes Main St . , Station St. , Colonel St. , Alder Point Road from Highway 105 Northerly approximately one half mile, Bras D 'Or Rd. from Alder Point Road Easterly approximately 2000 feet, George 's River Road from Highway 105 Southerly approximately 1500 feet, Highway 105 from St. Andrew' s Channel bridge Easterly approximately 3500 feet ; including both sides of all streets. i 4 Coni a. p-Y Ouaror Porr11_-- --- Glace Bay ners Museum MacRae Point os;tia�_I 4 _ - - --— ---- ---- - -- ' --_i- - - Bordens d ! r 1 B i R G l n c•r whe!an Point Ort \ B n v -Cale d ia '� C o - /:jG�aR P.rrtColrJ..nra54 _ "�r� Ba ea. :Bi �oo Donkin. Bad• Ce ;. •:: - - - - Cite -use -�--------_ I - goner D 't B r G/a c r B d':' _ ���� and` = 1 f _ f vo.2r Lake y. 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Leifches Point -.Creek Sta + �� - J 125r- •, -t •'Pon! 150 •�• s-. ` `,19;ter• wardsville• _' r r B-N9 j/ Kelly ill, l - �� Battery \\\I �V0 r1 Wesl t -J1 I 1 - a't i �•,�a Amelg Point O Pt Ball �� ��\ ✓J r _ ,-� R- a CreekDSC CHAPTER 43 aOF ZF1E COUNT` - m Municipality of the County of Cape Breton County Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia B1 P 6W2 Tel: (902) 563-2700 Fax: (902)564-1871 1979 MS IS To CERTIItY that the attached Sewer Charges Bylaw of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 13th day of September, 1994. s DAVID A. MTISE MIBICIPAL CLERK DEPARTMENT OF MUNICIPAL AFFAIRS Reccomended for appro7v'?allof11the �,fiinister ... n.:.•••.1U11,11 a: o,iodD APP ED h is.....�. +�..tray of.. .. ...... e .Ji� .. P. N.... . Mini. .of MU i p Ilei MUNICIPALITY OF THE COUNTY OF CAPE BRETON SEWER CHARGES BYLAW 1: In this bylaw, unless the context otherwise requires, the expression: a) . "Building" means any dwelling, house, shop, store, office or any building which would require sewerage services. b) "Engineer" means the Engineer for the Municipality and includes the Superintendent of Works. c) "Municipality" means the Municipality of the County of Cape Breton. d) "Owner" means a part owner, joint owner, tenant in common or joint tenant of the whole or any part of any land or building and includes a trustee, an executor, an administrator, a guardian, an agent, a mortgagee in possession of any other persons having the care or control of any land or building in case of the absence of disability of the person having title thereto. e) "Sewer" means a pipe, conduit, drain, open channel, or ditch used for the collection and transmission of wastewater, stormwater or uncontaminated process or cooling water. f) "Sewerage System" means all pipes, mains, equipment, buildings, and structures for collecting, pumping or treatment of wastewater and operated by the Municipality, but does not include a storm sewer. g) "Storm Sewer" means a sewer and all related structures designed exclusively for the collection and transmission of uncontaminated water, stormwater, drainage from land or from any watercourse or any of them. h) "Water Utility" means the Water Utility of the . Municipality. i) "Year" means the fiscal year of the Municipality. Sewer Charges Bylaw Page 2 2_. Every owner of land a) on which any building is connected to a sewerage system; b) that fronts on any street or highway in which a sewer is situate; c) that fronts on any right-of-way which connects to a street or highway in which a sewer is situate; or d) on which a building is situate that council has ordered connected to a sewerage system; shall pay to the Municipality an annual "Sewer Service Charge" for the construction and maintenance of the sewerage system of the Municipality. 3. The Municipality shall annually calculate the Sewer Service Charge by dividing the total cost of the sewer system by the total number of equivalent user units within the system. Equivalent User Units are set out in Schedule "A" of this Bylaw. 4. 1) Each year, the sewer service charge shall be increased over the previous years charge based on the same percentage increase as the Municipality's gross sewer operating and maintenance budget (excluding capital expenditures) in the preceding year over that budget for the prior year. 2) The Council shall hold a public meeting or meetings in the last quarter of each year to review with the affected ratepayers the sewer rates for the forthcoming year and the operating ' of the sewerage system. 3) Where a lot upon which a building has been constructed has more than two hundred feet of frontage, that lot shall be subject to an additional sewer service charge calculated as if that portion of the frontage in excess of two hundred feet were. a lot upon which no building has been constructed. 4) A lot upon which no building has been constructed which has less than the minimum frontage or area for a lot served by a sewer system, or a lot served by both sewer and water, as the case may be for the lot in questions, as required by the Subdivision Bylaw or by an applicable land-use bylaw (whichever is stricter) is exempt from the sewer service charge. Sewer Charges Bylaw Page 4 9. 1) Every person connecting to the sewer shall pay a connection charge therefor equal to the cost to the Municipality of installing the connection. 2) For the purposes of the bylaw, a sewer has been installed when the Municipal Engineer has certified to the Council that the system or project of which the sewer forms part is substantially complete. 3) The sewer connection charge is a lien, and bears interest and may be collected in the same manner as the sewer service charge. 4) A sewer connection charge may be paid in two or three annual installments, with interest on the unpaid balance at the same rate as for unpaid rates and taxes, at the option of the person reliable therefor. 5) Nothing in this Section means that the Municipality is responsible for any part of a sewer connection that is not in a public street, highway or sewer easement. 10. 1) Any person who subdivides land subject to a sewer service charge, shall pay a trunk sewer tax equal to $500 per lot created by the subdivision. 2) This Section does not apply to a subdivision that is a lot consolidation or that does not result in the creation of more lots than existed prior to the subdivision. 3) The trunk sewer tax is a lien, and bears interest and may be collected in the same manner as the sewer service charge. 4) In this Section, "subdivision" has the same meaning as in the Planning Act. SCHEDULE "N' TYPE OF USER NUMBER OF EQUIVALENT USER UNITS Single Family Dwelling 1.0 Mobile Home 1.0 for private swimming pool, add 1.0 for each doctor or dentist in private home, add 1.0 for each beauty or barber shop in a private home, add 0.75 Individual Apartment 1.0 Senior Citizens Home, per unit 0.6 Rooming house, Boarding House, Convent, Institutional Dormitory up to five beds 1.0 each additional bed 0.2 Hospitals and Homes with Medical Care Facilities without laundry facilities, per bed 0.5 with laundry facilities, per bed 0.75 Schools, per classroom . without cafeteria or gym 1.0 with cafeteria or gym 1.5 with second gym, add 0.5 with both cafeteria and gym 2.0 Doctor's Office, Dentist's Office, Beauty or Barber Shop 1.0 Tourist Trailer Park with hook-up facilities per space 0.75 each additional bathroom 0.3 Hotels, Motels and Tourist Cottages with housekeeping facilities, per room or unit 0.5 without housekeeping facilities, per room or unit 0.3 with a swimming pool, add 1.0 Tourist Home with one bathroom 1.2 each additional bathroom, add 0.3 Restaurant, Cafeteria, Snack Bar etc. are in addition to the above listing and are rated elsewhere in this Schedule Stores, Banks, Clubs, Recreational Facilities, and places of business including industrial premises first washroom facility 1.0 each additional washroom facility, add 0.5 Church, Church halls, each washroom facility 0.3 Buildings owned by Fraternal organizations each washroom facility 0.3 SCHEDULE "A" (cont'd) TYPE OF USER NUMBER OF EQUIVALENT USER UNITS Fire Halls and Fire Stations with washroom facilities 0.5 without washroom facilities 0.3 Laundromat 1.0 each machine, add 2.0 Service Stations with washroom facilities 2.0 Car wash facilities, each bay 1.0 Restaurant, cafeteria, snack bar 2.0 for each ten seats, add 0.25 Premises licensed by N.S. Liquor Commission: Restaurant, Lounge, Dining Room or Club 1.0 for each five seats add 0.75 Drive-in Restaurant or Theatre with Canteen 1.0 for each washroom facility 1.0 for each additional washroom facility, add 0.5 Vacant land for each lot with up to 300 feet of street or highway frontage 0.3 for each additional 50 feet or portion thereof of street or highway frontage, add 0.1 Street or highway frontage of a lot which, for every 50 feet or portion thereof, is in excess of 300 feet, and whose User Type falls within this list, add 0.1 Any Dwelling, Shop, Store, Office or other Building the nearest part of which is more than 100 feet away from any portion of the Municipality's sewer which is not connected to the Municipality's sewer 0.2 Premises which have no Sanitary Facilities 0.5 CHAPTER 44 o f INE Cot, tom Municipality of the County, of Cape Breton to County Administration Building, 865 Grand Lake Road, Sydney,Nova Scotia Bi P 6W2 Tel: (902) 563-2700 Fax: (902) 564-1871 1879 THIS IS TO CERTIFY that the attached Sewer Connection Bylaw of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 13th day of September, 1994. DAVID A_ MUISE MUNICIPAL CLERK DEPARTMENT OF MUNICIPAL AFFAIRS' Rea-r-i onded for approval of ON3 MiniatGT Ir -{-L APP (3V tit=s...�.��.............d of. .. ... � :�; �.1��"::.. Fdinia •o:�iu ilial Alf ire MUNICIPALITY OF THE COUNTY OF CAPE BRETON SEWER CONNECTION BYLAW 1. In this Bylaw, unless the context otherwise requires, the expression: a) "Municipality" mean the Municipality of the County of Cape Breton or the area contained within its municipal boundaries as the context requires. b) "Combined Sewer" means a sewer that is intended to conduct wastewater and stormwater. C) "Council" means the Council of the Municipality of the County of Cape Breton. d) "Engineer" means the Engineer for the Municipality and includes the Superintendent of Works. e) "Person" shall mean any individual, firm, company, association, society, corporation or group. f) "Sanitary Sewer" means a sewer for the collection and transmission of domestic, commercial and industrial wastewater or any of them and to which uncontaminated or cooling water, storm, surface and groundwater are not intentionally admitted. g) "Sewer" means a pipe, conduit, drain, open channel, or ditch used for the collection and transmission of wastewater, stormwater or uncontaminated process or cooling water. h) "Sewerage System" means all pipes, mains, equipment, buildings and structures for collecting, pumping or treatment of wastewater and operated by the Municipality, but does not include a storm sewer. i) "Storm Sewer" means a sewer and all related structures designed exclusively for the collection and transmission of uncontaminated water,. stormwater, drainage from land or from any watercourse or any of them. Sewer Connection Bylaw Page 2 2. a) No person shall connect any private sewer or building sewer to a municipal sewer without first obtaining permission therefor from the Engineer. b) No connection to a municipal sewer shall be made except under the supervision of the Engineer. c) No connection shall be covered until it has been inspected and approved by the Engineer. 3. Every person connecting to a sewerage system shall construct the connection according to requirements of the Canadian Building and Plumbing Codes. 4. No person shall connect any storm sewer to any sanitary sewer. 5. a) The owner of a building, the nearest part of which is not more than one hundred feet from any portion of a municipal sewer shall be required at the owners expense to construct a building sewer therefrom and connect the same to the said municipal sewer; provided, however, Council may exempt therefrom any such building as appears to it: (i) to be adequately served with existing storm drainage and on-site sewage disposal systems; (ii) would not be adequately served by connection to the municipal sewerage system. b) The Council shall not require an owner to connect to a municipal sewer until service from said sewer has been available to the property for one year. 6. Where a building has been connected to the municipal sewerage system or the Council has ordered a building to be so connected, the Council may by resolution order the owners of outhouses and septic tanks to remove such outhouses and to destroy or fill such septic tanks. 7. Except as otherwise provided herein, any person who contravenes any section of this Bylaw is liable on conviction to a penalty of not less than $100 and not more than $1,000 and in default of payment to imprisonment for a term of not more than three (3) months. Sewer Connection Bylaw Page 3 8. All costs associated with the installation, connection, maintenance or repair of a building sewer connection to the municipal sewerage system, whether in a street, highway, or easement, including the costs of any necessary permits, are the sole responsibility of the owner. CHAPTER 42 O�t41ECpUHr� Q � � zMunicipality of the County of Cape Breton County Administration Building, 865 Grand Lake Road, Sydney, Nova Scotia B1 P 6W2 Tel: (902) 563-2700 Fax: (902) 564-1871 1879 THIS IS TO CERTIFY that the attached Sewer Discharge Bylaw of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 13th day of September, 1994. t DAVID A_ MUISE MUNICIPAL CLERK DEPARTMENT OF MUNICIPAL AFFAIRS RecWmended for approval of the r.,iristar DOW aWal;.;olir�or AOVE M! .is. 6+1` a �r of 111 I All h MUNICIPALITY OF THE COUNTY OF CAPE BRETON SEWER DISCHARGE BYLAW A BYLAW RESPECTING THE REGULATION OF DISCHARGES TO THE PUBLIC SEVER SYSTEMS 1. This Bylaw may be cited at the "Sewer Discharge Bylaw" . DEFINITIONS 2. In this Bylaw, unless the context otherwise requires, the expression: a) "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized, expressed 'in milligrams per litre, in the biochemical oxidation of matter within a one hundred and twenty hour period at a temperature of twenty degrees centrigrade as determined in the procedures set forth in "Standard Methods" ; b) "Municipality" means the Municipality of the County of Cape Breton or the area contained within its municipal boundaries as the context so requires; . c) "Chemical Oxygen Demand" or "COD" means the quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory. procedure, expressed in milligrams per litre, according to "Standard Methods"; d) "Colour of liquid" means the appearance of a liquid from which the suspended solids have been removed; e) "Combined Sewer" means a sewer that is intended to conduct wastewater and stormwater; f) "Council" means the Council of the Municipality of the County of Cape Breton; g) "Domestic Waste" means waste derived principally from dwellings; h) "Effluent" means treated wastewater flowing out of a treatment plant; i) "Engineer" means the Engineer for the Municipality of the County of Cape Breton and includes the Superintendent of Works. Sewer Discharge Bylaw Page 2 j) "Grease" means total oil and grease extracted from aqueous solution or suspension according to the laboratory procedures set forth in "Standard Methods" , and includes , but is not limited to, hydrocarbons, esters, oils, fats, waxes and high molecular fatty acids. k) "Industrial Premises" means an area of land with or without buildings or structures on which activities pertaining to industry, manufacturing, commerce, trade, business, or institutions as distinguished from domestic dwellings; 1) "Inspector" means a person authorized by the Municipality of the County of Cape Breton to carry out observations and inspections and to take samples as prescribed by this Bylaw. m) "Matter" includes any solid, liquid, or gas. n) "Natural Outlet" is any outlet from a natural watercourse into another watercourse, pond, ditch or lake, or other body of surface or groundwater. o) "Pathologic Waste" means waste generated in a hospital or similar institution which contains human or animal tissue altered or affected by disease, and instruments or other materials which may have come in contact with diseased tissue; p) "Person" shall mean any individual, firm, company, association, society, corporation or group; q) "pH" means the measure of the intensity of the acid or alkaline condition of a solution determined by the hydrogen ion concentration of the solution in accordance with the "Standard Methods" ;- r) "Phenolic Compounds" means hydroxyl derivatives, of benzene and its condensed nuclei, concentrations of which shall be determined by "Standard Methods"; s) "Professional Engineer" means a registered member in good standing of the Association of Professional Engineers of Nova Scotia; t) "Provincial Regulations" means the requirements and provisions of the Province of Nova Scotia contained in any Provincial Statute or in any Regulation or Order made pursuant to the authority of any Statute of Nova Scotia; Sewer Discharge Bylaw Page 3 u) "Sanitary Sewer" means a sewer for the collection and transmission of domestic, commercial and industrial wastewater or any of them, and to which uncontaminated or cooling water, storm, surface, and groundwater are not intentionally admitted; v) "Sewage" means wastewater; w) "Sewer" means a pipe, conduit, drain, open channel, or ditch be used for the collection and transmission of wastewater, stormwater or uncontamined process or cooling water; x) "Sewerage System" means all pipes, mains, equipment, buildings and structures for collecting, pumping or treatment of wastewater and operated by the Municipality of the County of Cape Breton, but does not include a storm sewer; y) "Standard Methods for the examination of Water and Wastewater" (herein referrdto as "Standard Methods") means the analytical and examination procedures provided in the edition current at the time of testing, published jointly by the American Public Health Association and the American Water Works Association or any publication by or under the authority of the Canadian Standards Association deemed appropriate by the Municipality of the County of Cape Breton. z) "Storm Sewer" means a sewer and all related structures designed exclusively for the collection and transmission of uncontamined water, stormwater, drainage from land or from any watercourse or any of them; aa) "Stormwater" means runoff water from rainfall or other natural precipitation, groundwater or water from the melting of snow or ice and shall include roof drainage and footing drainage; ab) "Suspended Solids" means insoluble matter that, can be removed by filtration through a standard glass fibvre filter as provided by "Standard Methods"; ac) "True Colour Units" means the measure of the colour of the water from which turbidity has been removed; ad) "Uncontaminated Water" means any water, including water from a public or private water works, to which no matter has been added as a consequence of its use, or to modify its use, by any person, and may include cooling water; ae) "Waste means any material discharged into the sewerage system; Sewer Discharge Bylaw Page 4 af) "Wastewater" means any liquid waste containing animal, vegetable, minera, or chemical matter in solution or suspension carried from any premises; ag) "Watercourse" means the bed and shore of every river, stream, lake, creek, pond, spring, lagoon, swamp, marsh, wetland, ravine, gulch or other natural body of water and the water therein, or any channel, _ditch, reservoir, drain, land drainage works or other man-made surface feature, whether it contains or conveys water or not. USE OF SEWERS 3.1 Disposal of Waste: 3.1.1 No person shall discharge matter of any type or at any temperature or in any quantity which may be or may become a health or safety hazard to a sewerage system's employee, or which may be or may become harmful to a sewerage system, or which may cause the sewerage system effluent to contravene any requirements of any applicable federal or provincial legislation, or which may interfere with the proper operation of a sewerage system, or which may impair or interfere with any sewage treatment process , or which is or may result in a hazard to any person, animal, property or vegetation. 3.2 Discharges to Combined and/or Sanitary Sewers: 3.2.1 Except as otherwise provided in this Bylaw, no person shall discharge, release, suffer or cause to be discharged into any sanitary sewer, combined sewer, public or private connections to any sanitary sewer or combined sewer any of the following: a) Matter of a type or quantity that has or may emit a toxic or poisonous vapour or a chemical odour that may interfere with the proper operation of the sewerage system, constitute a hazard to humans, animals or property, or create any hazards or become harmful in the receiving waters of the sewerage system; b) Noxious or malodorous gases or substances capable of creating a public nuisance except human wastes, including, but not limited to, hydrogen sulphide, mercaptans, carbon disulphide, other reduced sulphur compounds amines and ammonia; C) Ashes, cinders, sand, potters clay, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood or other solid or viscous substances capable of causing obstruction to the flow of sewers or other interference with the proper operation of the sewerage system; Sewer Discharge Bylaw Page 5 d) Wastewater which consists of two or more separate liquid layers; e) Paunch manure or intestinal contents from horses, cattle, sheep or swine, hog bristles, pig hooves or toenails, animal intestines or stomach casings, bones, hides or parts thereof, manure of any kind, poultry entrails, heads, feet or feathers, eggshells, fleshing and hair resulting from tanning operations; f) Animal fat or flesh in particles larger than will pass through a quarter (1/4) inch screen; g) Gasoline, benzene, naphtha, fuel oil or other flammable or explosive matter or wastewater containing any of these in any quantity; h) Waste which, either by itself or upon the reaction with other material, becomes highly coloured; i) Wastes containing herbicides, pesticides or xenobiotics including, but not limited to, polychlorinated biphenols (PCB's) ; j) Atomic wastes and radioactive materials except as may be permitted under the atomic energy control act (Canada) currently in force and regulations thereunder; k) Wastewater or uncontaminated water having a temperature in excess of sixty (60) degrees Celcius; 1) Wastewater having a pH less than 5.5 or greater than 9.5 or having any other corrosive or scale forming properties capable of causing damage or hazards to the sewerage system or personnel of the sewerage system; M) Wastewater that will create tastes or odours in drinking water supplies, making such waters unpalatable after. conventional water purification treatment; n) Matter of any type or at any temperature or in any quantity which may cause the sludge from the sewerage system to fail to meet the criteria relating to contaminants for spreading the sludge on agricultural lands, under Nova Scotia guidelines for sewage sludge utilization on agricultural lands; o) Stormwater, water from drainage of roofs or footing drains or land, or water from a watercourse or uncontaminated water, except in the case of discharge to any combined sewer; Sever Discharge Bylaw Page 6 P) Sewage containing dyes or colouring materials which pass through a sewage works and discolour the sewage works effluent; q) Wastewater containing any of the following in excess of the indicated concentrations: Alumuninum (Al) 50 Milligrams/Litre Antimony (Sb) 5 Milligrams/Litre Arsenic (As) 1 Milligrams/Litre Barium (Ba) 5 Milligrams/Litre Beryllium (Be) 5 Milligrams/Litre Bismuth (Bi) 5 Milligrams/Litre Cadmium (Cd) 0.1 Milligrams/Litre Chlorides expressed as Cl 1500 Milligrams/Litre Chromium (Cr) 4 Milligrams/Litre Cobalt (Co) 5 Milligrams/Litre Copper (Cu) 1 Milligrams/Litre Cyanide expressed as HCN .2 Milligrams/Litre Fluorides expressed as F' 10 Milligrams/Litre Iron (Fe) 50 Milligrams/Litre Lead (Pb) 2 Milligrams/Litre Manganese (Mn) 5 Milligrams/Litre Mercury (Hg) 0.1 Milligrams/Litre Molybdenum (Mo) 5 Milligrams/Litre Nickel (Ni) 2 Milligrams/Litre Phenolic Compounds 1 Milligrams/Litre Phosphorus (P) 30 Milligrams/Litre Sulphates expressed as SO4 1500 Milligrams/Litre Sulphide expressed as H2S 2 Milligrams/Litre Selenium (Se) 5 Milligrams/Litre Silver (Ag) 2 Milligrams/Litre Tin (Sn) 5 Milligrams/Litre Zinc (Zn) 3 Milligrams/Litre r) Wastwater of which the BOD exceeds three hundred (300) milligrams per litre; S) Wastewater containing more than three hundred .fifty (350) milligrams per litre of suspended solids; t) Wastewater of which the COD exceeds one thousand (1000) milligrams per litre; U) Wastewater containing more than one hundred (100) milligrams per litre of fat, grease, or oil, and, in the case of mineral oils, in concentrations exceeding fifteen (15) milligrams per litre; Sewer Discharge Bylaw Page 7 V) Any matter in such quantities which exert excessive chlorine requirements so as to constitute a significant load on the wastewater treatment works; W) Wastewater containing fish offal or pathologic wastes; X) Septic tank sludge, wastes from marine vessels or vehicles or sludge from sewage treatment plants; Y) Any waters or wastes containing substances for which special treatment or disposal practices are required by applicable provincial or federal legislation. 3.2.2 No person shall connect a sump pump to a sanitary sewer. 3.2.3 The presence in wastewater of any one of the matters in Section 3.2.1 in a concentration in excess of its limits constitutes a separate offence. 3.2.4 Compliance with any limit is not attainable simply by dilution. 3.3 Discharges to Storm Sewers: 3.3.1 Except as otherwise provided in this Bylaw, no person shall discharge, release, place or cause to be placed, any substance other than stormwater or uncontaminated water into a storm sewer. SAMPLING AND ANALYSIS 4.1 The owner or operator of industrial premises with one or more connections to a sewage works shall install and maintain in good repair in each connection a suitable manhole to allow _ observation and sampling of the wastewater and measurement of the flow of wastewater therein, provided that where installation of a manhole is not possible, an alternative device or facility may be substituted with the written aproval of the Engineer. 4.2 The manhole or alternative device shall be located on the property of the owner or operator of the premises, unless the Engineer has given written approval for a different location. 4.3 Every manhole, device or facility installed as required by subsection 1 shall be designed and constructed in accordance with good engineering practice and the requirements of the Engineer, and shall be constructed and maintained by the owner or operator of the premises at his expense. Sewer Discharge Bylaw Page 8 4.4 The owner or operator of industrial premises shall at all times ensure that every manhole, device or facility installed as required by subsection 1 is at all times accessible for purposes of observing and sampling the wastewater and measuring the flow of wastewater therein. 4.5 Where a sample is required for the purpose of determining the characteristics or contents of the wastewater, uncontaminated water or stormwater to which reference is made in this Bylaw. (a) one sample alone is sufficient and, without limiting the generality of the foregoing the sample may be a grab sample or a composite sample, may contain additives for its preservation and may be collected manually or by using an automatic sampling device; (b) except as otherwise specifically provided in this Bylaw, all tests, measurements, analyses and examinations of wastewater, uncontaminated water and stormwater, shall be carried out in accordance with Standard Methods; and (c) for each of the metals whose concentration is limited in this Bylaw the analysis shall be for the quantity of total metal, which includes all metal both dissolved and particulate. 4.6 Where testing of a sample is required for the purpose of determining the characteristics of contents of the wastewater, uncontaminated water or stormwater to which reference is made in this Bylaw, said testing shall be conducted in accordance with the method hereinafter described or by mechanical sampling devices: - Method of Sampling and Analysis 4.6.1 (i) A minimum of seven (7) grab samples shall be taken, one (1) each day at different days in any thirty (30) day period; (ii) Analyses shall be conducted separately on each day's grab sample; (iii) The final results of these tests shall be averaged for this period to determine the characteristics and concentration of the effluent being discharged into the sewerage system or storm sewer system. Sewer Discharge Bylaw page g 4.7 The Inspector may from time to time conduct such tests as are deemed necessary at the manhole, or may enter the industrial premises and conduct the tests as deemed necessary. SPILLS 5.1 Every person who discharges or deposits or causes or permits the discharge or deposit of any matter in any sewer that in nature or quantity is not the ordinary course of events, shall forthwith notify the Engineer. 5.2 For any of the discharges in subsection 5.1 for which the person is required to forthwith notify the municipality, the notification shall include the following information: (a) name of the company and the address of location of spill; (b) name of person reporting the spill and telephone number where that person can be reached; (c) time of the spill; (d) type and volume of material discharged and any associated hazards; and (e) corrective actions being taken to control the spill. 5.4 Within five days following a spill, the person shall submit to the municipality a detailed written report describing the cause of the spill and the actions taken or to be taken to prevent a recurrence. REPORTS 6.1 Any person who deposits, intends to deposit; or permits or intends to permit the deposit of any wastes except domestic wastes into a sanitary or combined sewer shall file a Waste Survey Report with the Engineer. 6.2 The Waste Survey Report shall contain the following information and shall be signed by an authorized representative of the owner or operator: (a) name and address of the premises, and names of its owner and operator; Sewer Discharge Bylaw Page 10 (b) description of process operations, including waste discharge rates and contaminant concentrations, hours of operation and plans and reports certified by a professional engineer indicating proposed industrial expansion, addition, new construction, or proposed pre- treatment works; and (c) a schematic process diagram indicating waste discharge points and waste descriptions. 6.3 The Waste Survey Report shall be in the form attached as Schedule "A" . 6.4 Where a change occurs in the information contained in a Waste Survey Report, the owner or operator of the premises shall submit the new information within 30 days of the change. 6.5 Where a change occurs in any information described in a Waste Survey Report, the owner or operator of the premises shall submit a new Waste Survey Report setting out the changes. 6.6 No person shall deposit any wastes other than domestic waste in any sanitary or combined sewer until: (a) a Waste Survey Report has been filed with the Engineer; and (b) the Engineer has confirmed that the wastes will comply with the requirements of this Bylaw. GENERAL 7.1 For the purpose of the administration of this Bylaw, the Inspector may, upon production of his identification, enter any industrial premises and have free unimpaired access, to observe, to measure the flow of wastewater to any sewer and to collect any samples required at reasonable times upon reasonable notice. 7.2 No person shall break, damage, destroy, deface or tamper or cause or permit the breaking, damaging, destroying, defacing or tampering with: (a) any part of the sewerage system or storm sewer system; or (b) any permanent or temporary device installed in the sewerage system or storm sewer system for the purpose of measuring, sampling and testing of wastewater. Sewer Discharge Bylaw Page 11 7.3 No work shall be carried out on any sewer other than by the authority of the Municipal Engineer. 7.4.1 The Council shall have the power to stop and close up and .prevent from discharging into the sewerage system, any private sewer or drain through which substances are discharged or into which substances are thrown, deposited or supposed to be put, prohibited by this Bylaw or which are liable to injure the sewers or obstruct the flow of sewage. 7.4.2 The Council shall not cause any sewer to be closed up pursuant to his subsection unless the owner of the sewer is first notified and given an opportunity to be heard by the Council. OFFENSES 8.1 Any person who contravenes any section of this Bylaw is liable on conviction to a penalty of not less than $100.00 and not more than $1,000.00 and in default of payment to imprisonment for as term of not more than three (3) years. COM PLIANCE PROGRAM 9.1 A compliance program may be issued as set out in subsections 9.2 to 9.5 and 9.9 for the discharge of non-complying effluent during the period of planning, design, construction or installation of facilities to eliminate the non-compliance with the limits prescribed in Sections 3 and 4. 9.2 The owner or operator of industrial premises may submit to the Engineer a program to prevent or to reduce and control the discharge or deposit of wastewater into or in land drainage works, private branch drains or connections to any sanitary sewer or combined sewer from premises. 9.3 The owner or operator of industrial premises may submit to the Engineer a program to eliminate the discharge or deposit of wastewater into or in land drai.iage work, private branch drains or connections to any storm sewer from the premises. 9.4 The Engineer may issue an approval for a compliance program to the person who submitted the program. Sewer Discharge Bylaw Page 12 9.5 Every compliance program shall be for a specified length of time during which the facilities are to be installed and shall be specific as to the remedial actions to be implemented, the -.z--.-:dates of commencement and completion, and the materials or other characteristics of the wastewater, uncontaminated water or stormwater to which it relates. The final activity completion date shall not be later than the final compliance date in the compliance program. 9.6 The compliance program shall be in the form attached as Schedule "B" and, upon recommendation, the Engineer is authorized to execute such compliance programs under the authority of this Bylaw. 9.7 A person to whom a compliance has been issued shall submit a compliance program progress report within 14 days after the scheduled completion date for each activity listed in the compliance program. 9.8 The compliance program progress report shall be in the form attached as Schedule "C" . 9.9 Where the operating authority for the sewage treatment plan, land drainage work, or storm sewer which is receiving wastewater, uncontaminated water or stormwater from the premises identified in the letter of compliance program is not the owner, the compliance program does not become effective unless the operating authority has reviewed and approved the compliance program. 9.10 A person to whom a compliance program has been issued shall not be prosecuted under Sections 3 or 4 of this Bylaw so long as the compliance program is being fully complied with. SCHEDULE "A" - WASTE SURVEY REPORT OF SECTION 1 — General Information (a) Name of Person Submitting Report: (name) (company name, corporation, (telephone number) owner) (postal address) (postal code) (b) Company Officer responsible for effluent control: (name) (telephone number) (c) Location of Premises: (number, street, or road, municipality) THE INFORMATION CONTAINED IN THIS REPORT IS TO THE BEST OF MY KNOWLEDGE AND BELIEF IS TRUE, COMPLETE AND ACCURATE. (authorized representative) (title) (date) Schedule 'A' Page 2 SECTION 2 - Product or Service Information (a) Canadian or Standard Industrial Classification Codes (SIC) : These are [ J Canadian SICs or [ J SICs. (b) Brief description of manufacturing or service activities: (c) Principal products produced or services rendered: (d) Number of employees: plant: office: (e) Number of shifts per day: Number of days per week: (f) Are major processes: [ ] batch [ ] continuous [ ] both If batch, average number of batches per 24-hour day: Schedule "A" Page 3 SECTION 2 - Product or Service Information (continued) (g) Is the production subject to seasonal variation: [ ] yes [ ] no If yes, briefly describe seasonal production cycle: (h) Is there a special clean-up period: [ ] yes [ ] no If yes, briefly described clean-up activities: Schedule "A" Page 5 SECTION 5 — Pretreatment Pretreatment devices or processes used for treating wastes or sludges before discharge to the sanitary sewer system (check as many as appropriate) : [ J Air flotation ( ] Centrifuge [ ] Chemical precipitation [ ] Chlorination [ ] Cyclone [ ] Filtration j ] Flow Equalization [ J Grease or oil separation, type [ ] Grease trap [ ] Grit Removal [ ] Ion Exchange [ ] Neutralization, pH correction [ ] Ozonation [ ] Reverse Osmosis [ ] Screening [ ] Sedimentation [ ] Septic tank [ ] Solvent separation [ ] Spill protection [ ] Sump [ ] Biological treatment, type [ ] Rainwater diversion or storage [ ] Other chemical treatment, type [ ] Other physical treatment, type [ ] Other, type [ J No pretreatment provided Schedule W Page 6 SECTION 6 — Pollutant Information Sheet (Controlled Batter) Information for [ ] sanitary sewer [ ] storm sewer Sewer number Indicate by placing an "x" in the appropriate box for each listed parameter whether it is "suspected to be absent" , "known to be absent", "suspected to be present" or "known to be -present" and the known or expected concentration in milligrams per litre. Known Suspected Known Suspected Concentration Parameter Present Present Absent Absent mg/litre 1) chlorides [ ] [ ] [ ] [ ] 2) sulphates [ ) [ ] [ ] [ ] 3) aluminum [ ] [ ] [ ] [ ] 4) iron ( ] [ ] [ J [ ] 5) fluoride ( ] [ ) [ ] [ ] 6) phosphorus ( ] ( [ J [ ] 7) atimony [ ] [ ] [ ] [ ] 8) bismuth [ ] [ ] [ ] [ ] 9) chromium [ ] [ ] [ ] [ ] 10) cobalt [ ] [ ] [ ] [ ] 11) lead [ ] [ ] [ ] ( ] 12) manganese [ ] [ ] [ ] [ ] 13) molybdenum [ ] [ ] [ ] [ ] 14) selenium [ ] [ ] [ ] [ ] 15) silver [ ] [ J [ ] [ ] 16) tin [ J [ ] [ ] [ ] 17) titanium [ ] [ ] [ ] ( ] 18) vanadium [ ] [ ] [ ] [ ] 19) copper [ J [ J [ ] [ ] 20) cyanide [ ] [ ] [ ] [ ] 21) nickel [ ] [ ] [ ] [ ] 22) zinc [ ] [ ] [ ] [ ] 23) arsenic [ ] ( ] [ ] [ ] 24) cadmium [ ] [ ] [ ] [ ] 25) phenolic compounds [ ] [ ] [ ] [ ] 26) mercury [ ] [ ] [ ] [ ] 27) BOD [ l [ l [ ] [ ] 28) TSS [ ] [ ] [ ] [ ] 29) COD [ ] [ ] [ ] [ ] 30) oil & grease (animal/veg) 31) oil & grease (mineral/syn) [ ] [ ] [ ] [ ] 32) Kjeldahl nitrogen ( ] [ ] [ J [ ] Schedule "A" Page 7 SECTION 7 - Pollutant Information Sheet (No Discharge) Information for: [ ] sanitary sewer number Indicate by placing an "x" in the appropriate box for each listed parameter whether .it is "suspected to be absent", "known to be absent" , "suspected to be present" or "known to be present" and the known or expected quantity in kg/month. Known Suspected Known Suspected Quantity Parameter Present Present Absent Absent kg/month 33) pesticides [ ] [ J [ ] [ ] 34) acute haz- ardous waste chemicals [ ] [ ] [ ] [ ] 35) fuels [ ] [ ] [ ] [ ] 36) hazardous industrial wastes [ ] [ ] [ ] [ ] 37) hazardous waste chemicals [ ] [ ] [ ] [ ] 38) ignitable wastes 39) pathological wastes [ ] [ ] [ ] [ ] 40) PCB wastes [ J [ ] [ ] [ ] 41) reactive wastes ( J ( ] [ ] [ ] 42) severely toxic materials [ ] [ ] [ ] [ ] 43) waste radio- active materials [ ] [ J ( ] [ ] SCHEDULE "B" - LETTER OF COMPLIANCE PROGRAM LE1TIItAE�►� Address : ,. Date: Attention of: COMPLIANCE PROGRAM NUMBER: In accordance with the provision of Section of Bylaw , you are hereby granted a compliance program for the attached program identified in Appendix I subject to the following conditions: 1) During the period covered by this compliance program only, the quality of the (sewage, uncontaminated water, or stormwater) discharged by your Company from the said premises to the (sanitary, combined or storm) sewer system or land drainage works may exceed the limitsset by Bylaw of the Municipality of the County of Cape Breton with respect to the following limits at any time: Parameter Limit (mg/litre) a) b) C) d) e) f) 2) The discharge (sewage, uncontaminated water or stormwater) by your company from the said premises containing the parameters listed in Item 1 in excess of the limits listed in Item 1 shall constitute a contravention of this compliance program and thus a contravention of the said bylaw. Schedule ww Page 2 3) The compliance program may be terminated at any time on 30 days written notice sent by registered mail addressed to the Company at the said premises, if a) The sewage is causing a health or safety hazard to a sewage works employee; or b) The sewage is causing damage to the sewers, materially increasing their maintenance costs or causing a dangerous condition; or c) The sewage is causing damage to the sewage treatment process or causing a dangerous condition in the treatment works; or d) The sewage is causing the sludge from the sewage works to fail to meet criteria relating to contaminants for spreading the sludge on agricultural lands under Nova Scotia's guidelines for sewage sludge utilization on agricultural lands; or e) The sewage is causing the sewage works effluent to contravene any requirements by or under the Water Act or the Environmental Protection Act; or f) The sewage is causing a hazard to any person, animal, property, or vegetation; or g) The sewage is contrary to the Bylaws of the Municipality of the County of Cape Breton in any way other than as provided herein. 4) The compliance program may be terminated at any time where there is an emergency situation of immediate threat or danger to any program, property, plant or ,animal life, or waters. Schedule 'B" Page 3 5) This compliance program shall remain in force until provided the following timetable is adhered to: COMPLIANCE SCHEDULED SCHEDULED PROGRAM COMMENCEMENT COMPLETION ACTIVITIES DATE DATE a) Select Engineer b) Engineering Investigation of Plant Conditions (Industrial Process Review & Wastewater Characterization) c) Select Treatment Process & Design Criteria (Treatability Studies) d) Detailed Design of Treatment System (Design & Specifications) e) Preparation of Operations Manual f) Select Contractor for Installation/Construction g) Commence Construction: i) Site Preparation (survey, excavation, etc.) ii) Foundation Work & Underground Utilities (slabs, sewer, etc.) iii) Structural Work (buildings, etc.) iv) Mechanical Work (control panels , etc.) V) Electrical Work (control panels, etc.) vi) Site Finish Work (fences, clean-up, etc.) h) Pretreatment System Start Up Schedule 'B' Page 4 6) You must, however, take all necessary steps to ensure that all other conditions and parameters listed in the Bylaw are not exceeded, as there are no other exemptions. 7) This Compliance Program has been reviewed and is acceptable to the Corporation of the Municipality of the County of Cape Breton. 8) You must acknowledge your acceptance of this compliance program by returning a signed copy of this letter of compliance program within 30 days of your receipt of the letter. MUNICIPAL OFFICER OPERATING AUTHORITY OF STP Signed and Accepted by: AUTHORIZED REPRESENTATIVE COMPANY NAME SCHEDULE "C' - COMPLIANCE PROGRAM PROGRESS REPORT COMPANY NAME: ADDRESS: DATE SUBMITTED: AUTHORIZED REPRESENTATIVE: 1) COMPLIANCE PROGRAM ACTIVITY DESCRIPTION: 2) SCHEDULED COMPLETION DATE FOR ABOVE ACTIVITY: 3) ACTIVITY COMPLETED ON SCHEDULE: YES [ ] NO { } 4) IF NOT ON SCHEDULE, INDICATE ANTICIPATED COMPLETION DATE: Schedule 'C' Page 2 5) STATE REASON FOR DELAY, IF APPLICABLE: 6) WHAT ACTION HAS BEEN INITIATED TO RETURN PROJECT TO ORIGINAL SCHEDULE? *Report is to be submitted within 14 days after scheduled completion of each Activity listed in the Compliance Program. q" Page 66 C�IAPTLER XIX 3y-Law ire municipal Sidewalks now Removal The. occupier, if any, and if not the person in charge if any, and if there is no occupier or person in charge, then the owner of any building or lot of land bordering on any street in the Municipality of the County of Cape Jreton where there is a permanent sidewalk of concrete or asphalt shall refrain from putting snow on the sidewalk in the front of same. Every person who contravenes, or fails . to comply with the foregoing provisions shall, for every such offence, be liable to a penalty of not more than ten dollars (10.60) and, in default of such payment to imprisonment for a period not exceeding ten days. l Qom,ny STREET IMPROVEHM BY-I" Q/Y`e4n 1. This By-Law shall be known as and may be` cited as tne -sLreeL Improvement By-Law" . 2. In this By-Law (a) "Engineer." means the staff engineer of the Municipality or a consultant engineer engaged by the Municipality. (b) "Frontage" means the full length of any lot line which abuts a street. (c) "Improvement" includes any of the following activities: laying out, opening, constructing, repairing, improving, paving and maintaining streets, curbs, sidewalks, gutters, bridges, culverts and retaining walls. (d) "Longest Frontage" means the frontage which has the greatest length, and in the case of a tie, the frontage which is involved in the tie and which has its abutting street improved first is to be designated as the longest frontage. (e) "Owner" includes a part owner, joint owner, tenant-in- common or joint tenant of the whole or any part of any real property frontage on a street, and also includes any trustee, executor, guardian, agent or other person having the care or control of such real property in the case of the absence or disability of the person having title thereto. (f) "Street" means any public street, highway or travelled way or portion thereof within the Municipality. 3.(1) Where an individual or individuals, representing ownership of two- thirds (2/3) of the frontage on any one street, file a petition with the Municipal Clerk requesting that the Municipality make an improvement to the said street, the Municipality may make such improvement and shall recover all of the cost of the improvement by levying a Special Tax upon all of the owners of frontage on the said street. (2) When filing a petition for street improvement, streets shall be dealt with on an individual basis, with a two thirds (2/3) majority being required for each individual street. 2 - 4. Subject to the collecting of interest as provided for elsewhere in this By-Law, the amount recovered by the Municipality is not to exceed the cost of the improvements to the Municipality as certified by the Engineer and as approved by the Clerk. 5. The Special Tax is to be calculated according to the following formula: ST = Special Tax TF = Total frontage abutting subject street PF = Portion of total frontage owned by particular individual TC = Total cost of improvements ST = TFxTC 6. The Special Tax levied under this By-Law (a) is a lien on the whole of the property which has a frontage on the improved street and the lien has the same effect as a lien for rates and taxes under the Assessment Act: and (b) is collectible and in the same manner and at the same time as are rates and taxes under the Assessment Act; and (c) becomes effective when the Engineer files with the Clerk a certificate that the improvement has been completed, together with a list of all properties liable for the Special Tax; and (a) shall remain in effect until the Special Tax, together with interest at the rate of twelve percentum (12Z) per annum on the entire amount from time to time outstanding has been paid. 7. (1) Notwithstanding the other provisions of this By-Law, in a case where a lot has two (2) or more frontages and the sum total of those frontages exceeds 200 feet, the Special Tax shall be calculated by totalling all of the frontages of the lot abutting the street or streets to be improved and deducting 100 feet with this deduction to be shared proportionally between the respective frontages of the lot, based on their respective lengths, divided by the total frontages of the lot, when their respective frontages become subject to the Special Tax calculation. 3 - (2) Notwithstanding the other provisions of this By-Law, in a case where a lot has two (2) or more frontages and the sum total of those frontages exceeds 140 feet but does not exceed 200 feet, the Special Tax shall be calculated by totalling all of the frontages of the lot abutting the street or streets to be improved and deducting fifty percentum (50I) from their respective full lengths to a maximum reduction of 75 feet, when their respective frontages become subject to the Special Tax calculation. (3) Notwithstanding Sections 7(1) and 7(2) , the chargeable frontage for corner lots shall never be less than the average frontage for the street petitioned. 8. (1) The Special Tax may, at the option of the owner of the property, be paid. in equal annual installments over a period of time, the number of installments not to exceed ten (10) and the period not to exceed ten (10) years. (2) If the owner defaults in any one annual installment the entire balance of the Special Tax then becomes due and owing. (3) The installment option will not change the date upon which the entire sum becomes due for the purposes of calculating interest thereon pursuant to section 6(d) . CHAPTER 27 Pg, gg MUNICIPALITY OF THE COUNTY OF CAPE BRETON AMENDMENT TO SUBDIVISION BYLAW Adopted by Council of the Municipality of the County of Cape Breton on November 19, 1991. An Amendment to the Subdivision Bylaw of the Municipality of the County of Cape Breton which was adopted at a meeting of County Council on November 19, 1991 is approved pursuant to Section 29 of the Municipal Affairs Act with the following amendments: 1. Subclause b. of clause b) of Section 26 is amended by deleting the words 'lot was" in the fourth line and substituting therefor the words 'lots were". 2. Subclause c. of clause b) of Section 26 is not approved. Dated at Halifax, Nova Scotia this114"day of 1992. A�Br a Young Minister of Muni ipal Affairs MUNICIPALITY OF THE COUNTY OF CAPE BRETON AMENDING BY-LAW The Subdivision By-Law of the Municipality of the County of Cape Breton, passed and adopted by the Municipal Council on the 17th day of March, A.D. 1987, is amended as follows: 1. PART 9 - GENERAL PROVISIONS a) By adding a new Subsection (3) to Section 23 as follows: 23(3) 'Notwithstanding the lot area and frontage requirements of Section 23.1 and 23.2, where a development component of a permanent nature such as a structure, driveway, well or septic tank is encroaching in or upon an immediately adjacent area of land, the Development Officer may approve a plan of subdivision to the extend necessary and practical to remove the encroachment.' b) By deleting Section 26 and substituting therefore a new Section 26 as follows: 26. 'Notwithstanding the frontage requirements of Section 23, in the case of irregular shaped lots, the minimum lot frontages set out in this By-law shall apply at the building line, provided that: a. all lots shall have a minimum width and minimum length of at least 20 feet (6.1 metres); b. the lots which abut the side lot lines of the lot to be considered for reduced lot frontages have the minimum frontage required by this By-law.at the front lot line, unless the lot was in existence prior to October 8, 1980 or was approved by the Development Officer under Section 107 of the Planning Act (R.S.N.S. 1989, Chapter 346); C. any additional side lot lines shall not be less than the :minimum side yard requirements of that zone as stated in this By-law; and d. all other applicable provisions in this By-law are satisfied.' PASSED AND ADOPTED by a majority of the whole Municipal Council at a duly called meeting of the Cape Breton County Council held on the 19th day of November, A.D. 1991. WARD if Ur, CLBeg THIS IS TO CERTIFY that the attached is a true and correct ropy of an Amending By-Law of the Municipality of the County of Cape Breton. DAVID N. MUISE, CLERK f ® BY-LAW AMENDING THE SUBDIVISION BY-LAW OF THE MUNICIPALITY OF THE COUNTY OF CAPE BRETON The Subdivision By-Law of the Municipality of the County of Cape Breton, passed and adopted by the Municipal Council on the 17th day of March, A.D. 1987, as amended on the 19th day of November, A.D. 1991, is further amended as follows: THAT Part 9 is amended by replacing Section 19(2) with the following: 19(2) All proposed public streets or highways, or proposed extensions to a public street or highway, shown on a final plan of subdivision approved in accordance with Section 108 of the Planning Act: a. shall be constructed in compliance with the requirements of the Department of Transportation based on the road services level specified for the site as illustrated in Appendix "A" and the Deed accepted by the Department of Transportation prior to the endorsement of approval on the final plan of subdivision by the Development Officer; and b. where the subdivision begins in a Level 2 area and extends into a Level 3 area, the subdivider shall be responsible for the construction of all roads to the Level 2 service requirement. Where the subdivision beings in a Level 3 area and extends into a Level 2 area, the subdivider shall be responsible for the construction of all roads to the Level of service specified for the site as illustrated in Appendix "A". THAT Part 3 is amended by adding the following definitions immediately after the definition for "Front Lot Line": Level 1 Road Servicing means a public road constructed to the Department of Transportation's minimum specifications plus the installation of a 32 foot wide strip of asphalt, concrete curb and storm drainage to the Department of Transportation's specifications. Level 2 Road Servicing means a . public road constructed to the Department of Transportation's minimum specifications plus the installation of 20 foot wide strip of asphalt to the Department of Transportation's specifications. Level 3 Road Servicing means a public road constructed to the Department of Transportation's minimum specifications. PASSED AND ADOPTED by a majority of the whole Municipal Council . at a duly called meeting of .the Cape Breton County Council held on the 21st day of. June, A.D. 1994. 0,z,x DEPARTMENT OF MUNICIPAL AFFAIRS YARDEN Approved this <4- ....................:....... day of -�- CLIItK ........... .0 1. , 19.�.� . y. ..... To take effect August 1, 1994 THIS IS TO CERTIFY that the attached is a true and correct (i co of an Amending By-Law of the Municipality of the J 11:11 Cape Breton: MMgtir of M dpd Affairs\ �\ DAVID N. MIISE, CLERK SUBDIVISION BY-LAW FOR THE MUNICIPALITY COUNTY OF CAPE BRETON UNDER SECTION 90 OF THE PLANNING ACT RSNS 1933 CHAPTER 9 Ap.proved by Minister of Municipal Affairs this 30th day of April , 1987 . DRAFT SUBDIVISION BY-LAW MUNICIPALITY OF' THE COUNTY OF CAPE BRETON PART 1 • TITLE This By-law may be cited as the "Subdivision By-law" for the Municipality of the County of Cape Breton. PART 2 : INTERPRETATION In these regulations the word "shall" is mandatory and not permissive . Words used in the present tense shall incluae the future. . Words used in the singular shall include the plural and words used in the plural number shall include the singular . All other words shall carry their customary meaning except those defined hereinafter . PART -3 : DEFINITIONS 3 . (1) Agreement means a written contract entered into between - the subdivider and the Council relating to the provision of services as outlined in this. By-law. (2 ) Area of Land means any lot or parcel as described ny its boundaries . ( 3) Board means the Nova Scotia Municipal. Board . ( 4) Council means the Municipal Council of the Municipality of the County of Cape Breton. ( 5) Department of Transportation means the Department of Transportation of the Province of Nova Scotia . ( 6 ) Development Officer means the Development Officer of the Cape Breton Metropolitan Planning Commission. ( 7 ) Director means the Provincial Director of Planning. ( 8 ) Existing street or highway_ means any public street or highway. 1 ( 9 ) Frontaae-aieans (a ) The distance between the side lines of a lot or parcel measured along a public street or highway, or private road, or right-of-way indexed in Schedule "B" otthis By-law, or (b) where a lot is located on a curve on a public street or highway, or private road, or right-of- way indexed in Schedule "B" of this 13y-law, the distance measured alonq a line joining points on the side lines of the lot or parcel which points are 10 metres ( 32 . 8 feet ) trora such street, highway, private road or right-of-way; . ( 10 ) Front Lot Line_ means the line dividing the loz from the street, private road, Schedule "B" road . ( 11) Minister means the Minister or Municipal Affairs . ( 12 ) Municipal_i_ty means the Municipality of 'che county ul Cape Breton. Excepting the area under the jurisdiction of the Louisbourg and Distri.cr. Planninq commission . ( 13 ) Person includes all legal entities . (a ) egbIic__, s'tre'et _,._ ar__ h.ignway means any street or hignway owned and maintained by the Department at Tranportation excluding aesignated controlled access highways pursuant to Section ZU of the Public hi,gnwaxs_._Act_; ( 14 ) Private road means any street or road which is not public where : (a) the right-of-way, alignment, and gradient of the private road is approved by the Department of Transportation; and (b) the private road extends to and has access to a public street or highway and shall ue entirely within the area of land to be subdivided . ( 15) Professi.onalEncgi_neer means a memner ut the Association of Professional Engineers of Nova Scotia, or licenced to practice Engineering in Nova Scotia by the same association . ( 16 ) li_ ht-ot-way__ eas.ement_ means an easement tor r iq_ht--ut- way and access, extending to and havinq access to a public street or highway, and where not totally located within the area of land proposed to be suodivided the 2 right-of-way easement shall be clearly granted by aeed, registered in the Registry of Deeds for this municipality, or declared to exist for the benefit of the land proposed to be subdivided by order of a court of competent jurisdiction, and in eiCher such case the easement shall if created or declared to have peen created prior to October 8, .1980, nave a minimum width of 3 metres ( 5 . 8 feet) . ( 17 ) Subdivider means the owner of the property to be subdivided and includes any party acting with his written consent . ( 18) Subdiyis.ion means the division o1 any area of land into two or more parcels, and includes a resubdivision or a consolidation of two or more parcels . PART 4 : PRELIMINARY PLANS OF SU_BD1_Vl_51UN (Optional eirst Step) 4 . (1) The subdivider proposing to subdivide property may submit to the Development Officer five ( 5 ) copies of a preliminary plan of the proposea subdivision together with the following information and documentation : (a ) name and address of tl-ie subdivider, and if the subdivider is not the owner of the area of land proposed to be subdivided, the name of the owner, (b) names and addresses of all owners or the identifiers of all properties abutting the land proposed to be subdiviaed, and (c ) a plan or sketch of land proposed to be subdivided to scale or scales sufficient for clarity of all particulars on the plan showinq : ( i ) the dimensions and area of the area of lana to be subdivided, ( ii ) the nature of the proposer subdivision and the lots therein, ( iii ) the approximate l0cat1011 ur watercourses or other natural features on the laud proposed to be subaiviaed that might: affect: the number of lots on the area proPosed to be subdivided, and ( iv) a key plan at a scale not smaller than 1 : 50, 00u showinq the general location of the land and indicating the true north. 3 ( 2 ) The Development. Orf icer seal l , 11 a copy or all material receivea pursuant to Subsection ( 1 ) to : (a) the Department of. Health ror an evaluation to determine what lot size is generaliy appropriate to meet the requirements of the Provincial Regulations Respecting Subdivision ot ,Land Lo be Serviced by On-Site Sewage Disposal Systems; (b) the Department of Transportation for preliminary review; (c) any other agencies that the Development Officer deems necessary. ( 3 ) The Department of Health, the Department of ,transportation and any other. agency of the Province or Municipality who has been torwardea a copy of the Preliminary Plan shall rorwara a written report of their findings to the subdivider and ttie Development Officer . PART 5 : PROCEDURE FOR APPROVAL OF TENTATIVE PLANS Ute SUBD1V1SION 5 . The subdivider proposing to subdivide an area of land snail submit to the Development Officer for approval an application in the form specified in Scneduie "A" and eignt ( 8 ) copies of the tentative plan of the proposed :sundivision meeting the requirements of Part b of this by-law. 6 . Notwithstanding Section 5, the Development Ofticer may waive the requirement that tentative application and plan of subdivision be submitted, where : ( 1) the lots abut an existing street or highway, or a private road, or road index in Schedule "is" , and ( 2 ) no central water or sewer services are to be installed, provided that, if required, an assessment of the lots teas been completed pursuant to the Regulations Respecting Subdivision of Land to be Serviced by On-site Disposal Systems by the Department of Health and the Development officer is advised in writing by the Department of Health of the classification of such lots pursuant to the Regulations . 7 . When the Development officer is satisfied that an application and tentative plan of Subdivisioii are complete, he shall, it applicable, forward a copy to the Department of 4 Health, the Department: of 'Transportation ana any other agency of the Province or Municipality the Development Officer deems necessary. 8 . The Development Officer shall comply witli the notification and approval provisions of Section 96 ( 2 ) ana ( 3 ) of The Plannin!3 A 9 . Approval of a tentative. plan of subdivision may not be refused or withheld as a result of the assessment or recommendations made by the Departrent. or tiealth, the Department of 'Transportation or any other agency of the Province or the Municipality unless the tentative plan of subdivision is clearly contrary to a law or the Province, or regulation made pursuant to a law. or the Province, including any By-law of the Munici.pat ity. 10 . The following information shall ire stamped or written on any tentative plan of subdivision wnicn is approved together with any other information necessary for the tentative plan to proceed to the final plan stage : ( 1) "This tentative plan of subdivision is approved =or lots Sucti approval lapses ii the lots are not shown on a final plan of sut)division approved within two years or the date of tete approval of the tentative plan . " ( 2 ) The date of the approval of the tentative plan. ( 3 ) "This tentative plan of subdivision shall not be tiled in the Registry of Deeds as no subdivision takes effect until a final plan of subdivision is endorsed by the Development Officer and nas been filed by him in the Registry of Deeds . " 11 . ( 1 ) 'Phe Development Officer within five ( `i ) days of approving a tentative plan shall forward a copy of the approved tentative plan of subdivision to the applicant and inform the Department of Transportation and Department of Health of this approval where applicable . ( 2 ) Where a Development officer refuses to approve a tentative plan of subdivision, fie snail notify the subdivider pursuant to Section 96 ( 3 ) (c ) , 10:3 ( i ) & ( 2 ) of The Plann_inq_ Act . PART 6 : TENTATIVE PLAN OF SUBDIVISION REQ tREMENTS. 12 . ( 1) Tentative plan of subdivision s,zUrnhtted to the Development Officer shall be: 5 (a) drawn to a scale ' sufficient for clarity of all particulars on the tentative plan of subdivision, (b) based on a description of the property to be subdivided, preferably but not necessarily as surveyed, (c) folded to approximately 20x3Ocm ( bxl2in. ) with the face of the folded print being the title block which is located in the lower right-hand corner of the tentative plan of subdivision, and ( 2 ) Tentative plans of subdivision shall, show the following : (a) name of the subdivision, if any, and the name of the owner of the area of land, (b) names of all owners or the identifiers of all properties abutting the proposed subdivision, (c) a location map, drawn to a scale not smaller than 1: 50,.000, with the same orientation as the area of land, (d) the words "TENTATIVE; PLAN" located above the title block, (e ) a clear space for stamping measuring at least 225 square centimeters; ( f ) the approximate dimensions in and total area of the area of land proposed to he subdivided, (g) the proposed dimensions and shape of lots and blocks, (h) the area of each lot including the approximate, area of any remainder lot, if any, ( i ) each proposed lot individually identified without duplication of identifiers, and where a parcel is being added to or subtracted from an existing lot or where a lot shown on a plan of subdivision is being divided, the proposed lot or lots shall be identified by the existing lot identifier and a letter, (j ) approximate location of existing main buildings on the area of land proposed to be subdivided with the graphical and mathematical locations for all Ei buildings within 6 metres ( 19 . 68 feet) of the boundaries of the property, (k ) the boundaries of proposed lots shown by solid lines, and the vanishing boundaries of existing lots being resubdivided, consolidated or both, shown as broken lines, ( 1 ) the width and location of railroads, and existing and proposed public streets or highways, Schedule "B" roads and private roads, including intersections and turning circles, (m) the names of existing and proposed public streets or highways or private roads or Schedule "B" roads, (n) a notation stating whether or not the lots for which approval is requested are serviced by central sewer and water systems ana their intended use, (o) the width, location and nature of any easements or rights-of-way affecting the area of land proposed to be subdivided, ( p) north point, (q) the date on which the tentative plan of subdivision was drawn and the date of any revisions, (r ) the location of any watercourse, prominent rock formation, area subject to flooding and any other prominent natural features which might affect the layout or provision of public streets or highways or private roads and services to the area where the subdivision is to be located, (s ) the scale to which the tentative plan of subdivision is drawn, (t) location and size of all areas to be reserved for open space, and (u) any other information which the Development Officer deems necessary to determine whether a tentative plan of subdivision conforms to this Subdivision by-law. 7 ( 3 ) 1n addition to meeting the requirements of subsections (1 ) and ( 2 ) , a tentative plan of subdivision subinitLe'd for approval to the Development Ut=icer snowinq lots fronting on a proposed public street or highway or proposed private roads as enabled in tnis by-law shall : (a) show a boundary survey of the area col '] and to be subdivideu, excluding the remainder lot, certirieu and stamped by a Nova Scotia 1,and Surveyor. in Lhe manner required by the Nava ScoLiq_�Land Surveyors Act_ and the Regulations made tnereunaer, (b) be accompanied by two ( 2 ) copies or a plan snowing ( i ) contours at 2 metre (5 root ) intervals and drainage patterns, and ( ii ) the width and location of existing and proposed public streets or highways or private roads, including intersections and turning circles, and ( iii ) the location of existing and proposed central sewer and water systems and proposed connections thereto, and (c ) be accompanied by two ( 2 ) copies of centre line profiles of proposed public streets or. Highways or private roads . ( 4 ) Where plans or drawings or centre-line pr.otiles are prepared by a Professional Engineer, they shall be signed and sealed by the Prot;essi.onal Engineer in accordance with the Engineering profession Act . PART % : PROCEDURE: FOR APPROVAL, ON' N'INAL PLANS OF SUBDIV1S1UN 13 . The Subdivider proposing to subdivide an area of land snali submit an application in the form specified in Schedule "A" and twelve ( 12 ) copies of final plan of suodivision meetinq requirements of Part 8 of this By-law to the Development Officer for approval . 14 . The Development Officer shall comply with the notification and approval provisions of Section '9b(2 ) aria ( 3 ) or 'i'ne. Planninq Act . 8 15 . When the Development Officer is satistied that a1-1 application and final plan of subdivision are complete, he shall, it applicable, forward a copy to the Department of Health, to the Department of Transportation and any other agency of the Province or Municipality the Development. Officer deems necessary. 16 . Approval of a final plan of subdivision may not be refused or withheld as a result of the assessment or recommendations made by the Department of Health, the Department of Transportation or any other agency of the Province or Municipality unless the final plan of subdivision is clearly contrary to a law of the Province or regulation made pursuant to a law of the Province, including an applicable By-law of the Municipality. 17 . ( 1) Upon approval by the Development Officer of the final plan of subdivision, the Development Officer shall notify the subdivider in writing of his decision to approve the final plan of subdivision. ( 2) Where a Development Officer refuses to approve a final plan of subdivision, he shall .notify the subdivider pursuant to Section 96 ( 3 ) (c) of The Nl.anninq. Act. and advise the subdivider oi: the right to appeal under Section 103 of the Planning Act . PART 8 : FINAL PLAN OF SUBDIVISION RW N, M1JN`1'S 18 . ( 1) Final plans of subdivision submitted to the Development Officer shall be : (a ) drawn to a scale or scales sufficient for clarity of all particulars on the final plan of subdivision, (b) certified by a Nova Scotia Land Surveyor that the area of land proposed to be subdivided has been surveyed in the manner required by the Nova Scotia Land Surveyors Act - and the regulations made thereunder, (c) folded to approximately 20x3Ocm ( 8xl2in. ) with the face of the folded print being the title block which is located in the lower right-hand corner of the final plan of subdivision, ( 2) Final plans of subdivision shall show the following : (a) name of the subdivision, it any, and the name of the owner of the area of land, 9 (b) a _location map, drawn to a scale riot smaller than 1: 50, 000 with the same orientation as the area of land, (c) the length of the boundary lines of all existing and proposed lots, streets, highways, private roads, rights-of-way and easements including the length of arcs and cords, points of curvature and radius in the case of curved lines, (d) the bearings of the boundary lines of all proposed lots, streets, highways, private roads, rights-of- way and easements, (e ) names of all owners or the identifiers of all properties abutting the proposed subdivision, ( f ) a clear space for stamping measuring at least 225 square centimeters, (g) the dimensions and total area of the area of land proposed to be subdivided, (h) approximate location of existing buildings on the area of land proposed to be subdivided with the graphical and mathematical locations for all buildings within 6 metres ( 19 . 68 feet) of the boundaries of the property, ( i ) the shape, dimensions and area of lots, blocks, and the remainder lot, if any, ( j ) each proposed lot individually identified without duplication of identifiers, and where a parcel is being added to or subtracted from an existing lot or where a lot shown on a plan .of subdivision is being divided, the proposed lot or lots shall be identified by the existing lot identifier and a letter, (k ) the width and location of railroads, and existinq and proposed public streets or highways Schedule "B" I roads and private roads, including intersections and turning circles, ( 1 ) the boundaries of proposed lots shown by solid lines, and the vanishing boundaries of existing lots being resubdivided, consolidated or both, shown as broken lines, 10 (m) a notation stating whether or not the lots for which approval is requested are serviced by central sewer and water systems and their intended use, (n) the width, location and nature of any easements or rights-of-way affecting the area of land proposed to be subdivided, (o) the date on which the final plan of subdivision was certified with all revisions to be identified, dated and initialled, (p) north point, (q) the scale to which the final plan of subdivision is drawn, (r ) the names of existing and proposed public streets or highways or private roads, (s ) location and area of land reserved for open space, and (t) any other information which the Development Officer deems necessary to determine whether a final plan of subdivision conforms to this by- law. ( 3 ) Where the design or layout of the subdivision was designed by an individual or firm other than the individual or firm of the professional land surveyor who has certified the tinal plan of subdivision, the name of such individual or firm and the nature of the work performed shall be shown in the title block of the final plan of subdivision. PART 9 : GENERAL PROVISIONS 19 . (1) All public streets or highways or proposed public streets or highways shown on a tentative or tinai plan of subdivision shall be approved by the Department of Transportation pursuant to Section 99 of The Planninq Act . (2) All public streets or highways shown on a final plan of subdivision approved in accordance with section 99 of The Planning Act, shall be constructed in compliance with the requirements of the Department of it Transportation and the deed accepted icy the Ues_i:a.rument of Transportation prior to the endorsement of approval on a final plan of subdivision by a Development Officer . 20 . All lots to be approved ori a plan of subdivision shall aput : ( 1) a Public street or highway, or ( 2 ) a private road where the Lana Use by-law 1_iermits development on such roads and where polic,ie:i in t11e Pect1Ve Ml_inICipa1 1-1afin iflq st.if auegy jl,yi?c ):,r.c,ui,rnO for : (a ) development on private roads, ana ( b) subdivision on priv�-ite roads . ( 3 ) a road shown on a Plan of Suodivision approved by Lrie Dept . . of 'Transportation under the former Subaivisiot, By-law- . 21 . Notwithstanding Sections 1.9 aria' 10, the Development Otri.cer may approve a sinal plan of subdivision snowing lots where the area of land abuts the shoreline of a navigable waterway, lake or ocean and where : ( 1) each of the lots has a minimum of six ( 6nt) meters ( 19 . 68ft . ) of shoreline frontage anti measured perpendicular to the side lot line tit the shoreline, and ( 2 ) the applicant provides a parking area measuring riot less than axe meters ( 13 . 8xi9 . 6 feet ) for the exclusive use of each lot so subdivided, and ( 3 ) the parking area i:s within 300 meters ( 964 . 2') Leet ) of the navigable waterway, lake or ocean on which the ioL6 shown on the plan or subdivision abut, and ( 4 ) there exists access of 15 meters ( 49 . 2 feet) in width to the parking area trom a public street or highway or a private road and trout the parking area i:o the shoreline where there exiscs� suitaole boat launching facilities, and ( 5) the parking area and the boat launching facilities are clearly identified on the final plan of subdivision, and provided the Land Use By-law permits development on such lots and the Municipal Planning Strategy p.roviaes for both the subdivision and development of such lots . 12 22 . (1) Notwithstanding Section 2U, the Development Officer way approve a final plan of subdivision showfnq lots abutting on a right-of-way which the Minister of 'Transportation in consultation with the Municipality has indexed in Schedule 1113" of this By-law. . ( 2 ) Schedule "B" shall also report the length of road from the existing public street or highway to which subsection (1 ) is applicable . 23 . (1) All lots including the remainder lot for which no approval is requested, shall meet the dimension requirements for minimum lot area and lot frontage . contained in the Land Use By-law. ( 2 ) In any area of the Municipality without a Land Use by- law in effect, the following lot sizes snail apply: Minimum Minimum Lot _Area, Lg.-C .FK(?n.tac�e_ Areas Served by Municipal 45U sq.meters 15 meters Sewer and Water ( 4843 . 9 sq . feet) ( 49 . 1 feet) Areas Served by Municipal 615 sq.meters 22 meters Sewer Only (1265 .9 sq. feet) ( 12 . 2 feet ) In areas not served by municipal sewer and water or areas served by municipal water only, the Department of Health Regulations Respecting Un-Site Sewage Disposal Systems for minimum lot area shall prevail, and in no case shall the lot to be approved or the remainder lot have a frontage of less than 30 metres (98 . 42 feet) . 24 . Notwithstanding Sections 20, 23 and 25, the Development Office may without consent of the Department of Transportation approve a final plan of subdivision increasing the size of an existing area of land provided that : (a) the proposed lot and the remainder lot for which no approval is requested each ( i ) has minimum frontage of six ( 6m) metres ( 19 . 1ft. ) or ( ii ) is served by a right-of-way easement, and 13 (b) where there is sufficient frontage to meet the lot frontage requirements contained in Section 23, the remainder lot shall meet those requirements, and (c) the remainder lot meets the lot area requirements contained in Section 23, and (d) for the purposes of this section, the existing area of land to be added to must have been in existence prior to October 8, 1980 . 25 . All lots to be approved on a tentative or final plan of subdivision shall have a minimum width and minimum length of at least six ( 6) metres ( 19 . 68 feet) . 26 . Notwithstanding the frontage requirements of Section 23, the Development Officer may approve a lot located between two . lots that meet the frontage and area requirements of Section 23, provided that : (a) the lot to be approved has a minimum frontage of 6 metres ( 19 . 68 feet) ; (b) where not served by municipal sewer, the lot is approved by the Department of health for the installation of an on-site sewage disposal system; and (c) the lot must at a point have a width equal to that of the required frontage of Section 23 . 27 . Notwithstanding the frontage and area requirements of Section 23, the Development Officer may approve a final plan of subdivision in accordance with the variance provisions of Section 98 of the Planni _g_Act . 28 . A public street, highway or private road unbroken by an intersection shall not exceed 365 metres (1, 197 . 51 feet) in length unless such would prejudice the proper subdivision of land or adjoining land. 29 . There shall not be more than four ( 4 ) public street or highway or private road approaches in an intersection. 30 . Where a public street or highway or private road in an adjoining subdivision abuts the boundaries or a plan of subdivision submitted for approval, a public street or highway or private road in the latter shall, it reasonably feasible., be laid out in prolongation of such public streets or highways or private roads, unless it would be in violation of this By-law. 14 ( 3 ) where there are public streets and highways which are to be owned and maintained by the Province, the words "The following streets and highways are owned and maintained by the Department of Transportation: ( 4 ) where there are private roads which are not to be owned and maintained by the Department of Transportation, the words "The following roads are not owned and maintained by the Department of 'Transportation and these private roads are riot entitled to any provincial or municipal services sucn as grading, snowplowing, school busing and garbage collection: 34 . Pursuant to Section 100 ( 2 ) of The Plann.ing.Act, the Development Officer shall forward by certified mail or hand deliver one endorsed copy of the final plan of subdivision to the office of the Registrar of Deeds ror the registration district in which the land is located . PART 11 : FEES FOR PROCESSING AND REGISTRATION OF SUHDIVfSfONS 35. (1) The subdivider shall pay the fees for filing contained in the Costs and Fees Act, R. S .N.S . , 196 / C63 plus an addition of $20 . 00 for processing of the final plan of subdivision . (2) The fee referred to in Subsection ( 1.) shall be paid at the time of application for final approval to the Cape Breton Metro Planning Commission. ( 3) Where the final plan of subdivision does not receive endorsement of approval by the Development Officer, the applicant shall be entitled to a refund of the filing fee if the final plan of subdivision is not registered. PART_1'2 : REQUIREMENTS NO OPEN -SPACE,_ SEWER AND WATER ,SERVIQEl 36 . The owner of every subdivision shall, before approval is endorsed on the subdivision plan by the Development Officer : (1) When- the subdivision is in an area designated in a Municipal Planning Strategy for sewer services or in an 16 31 . ( 1 ) An application to arena or repeat aii i-ndorsed plan of subdivision or a plan of subdivision 1.iled in -the Regi:-5try or needs prior to the e t sect ive ita►e o, ch i:3 subdivision by-law in this municipal unit shell ire :in accordance with Section i02 o 1- The_t� t.3 iin 1 nq-Act_, . and shall satisfy the requirernents oi. these requiaLlons concerninq approvals of sinai plans oi_ suOdivi.:.> >_on . ( 2 ) `1'h.e application to artiend shall refer to LUe elan of subdivision as originally approved, and such reference shall include the file number_ of the earlier subdivision plan filed at: the ortLc.e 01: Lit Regi:-�Lrar of: Deeds . PART 10 : REQUIREMENTS FOR ENDORSEMENT AND RR61STRA7'.l()N Ol+' FINAL PLANS OF SUBDiV1SION 32 . (1 ) When the requirements of The Ijj.ar,n_i.ng�t�ct, this Subdivision By-law arca the ttegctlaLionr_ Ret;PecLI[I(I Subdivision of Land to be Serviced Oy Cin-Si Le Sewage Disposal Systems pursuant to Lh,! Hea.l thAct have been met, or the final plan of subdivision has c)een u(--emed to be approved by a department Or agency of the Province pursuant to Section 96 ( 4 ) of The-_Planni n,g�A('.K and the final plan of subdivision has been approved by the Development Officer, approval or deemed approval as the case may be snail be endorsed on the f= inal plants of subdivision by the Development Ufzicer .. ( 2 ) The Development Officer :sha l I Lor.w.tra a copy oL trie endorsed final plan to the Suudivider or his agent . 33 . The tollowinq information where applicable. ::ihalL ne wr1tter, or stamped on any final plan of subdivision whicn is endorsed : (1) "'Phis final plan of subdivision is approve(I for lots ( 2 ) the classification of each lot within one ot. the Classes A, 81 C or D zipecitied in Schedule "A" to the Regulations Respecting Suodivisiort of Land to be Serviced by On-Site Sewage Disposal Systems or is serviced with a public. sewer; 1`� area or adjacent to an area serviced by a public sewer system, the owner shall construct a central sanitary sewer system, including collectors and where such construction is required the owner shall install laterals to the boundaries of the proposed lots; the system shall be designed by a professional engineer and comply with the specifications as set torch in Part 14 of this by-law and the Subdivision Regulations; and ( 2) When the subdivision is in an area or adjacent to an area serviced by a public water system, the owner shall construct a water system, including mains and hydrants and where such construction is required the owner shall install laterals to the boundaries of the proposed lots; the system shall De designed by a professional engineer and shall comply with the specifications as set forth in Part 15 of this by-law; ( 3 ) Where the owner does not wish to do his own installation and as an alternative to Clauses ( 1 ) and ( 2 ) and at the option of Council, the owner may give to the Clerk-Treasurer two certified cheques as follows : (a ) a cheque in an amount sufficient to cover the costs of design and costing out the installation, as determined by the County Engineer; (b) a cheque equal to 100% of the costs of the installation as determined by the County Engineer. ( 4 ) Lay out and construct all intended public streets as shown on the subdivision plan including roadway culverts and drainage ditches according to this by-Law and the Department of Transportation of Nova Scotia Specifications for Subdivision Roads in Urban and Rural Areas so as to be accepted by the Department of Transportation for listing as a public road, and deposit with and have accepted by the Department of Transportation a deed, duly executed, conveying to Her Majesty the Queen the title to said streets in fee simply free from encumbrances; ( 5) (a) Where the total of street extensions and new streets shown on the plan of subdivision is one hundred fifty ( 150 ) metres or greater, the owner shall at the option of Council reserve and deed to 17 the Municipality for Park , ployqrokl(io and I-) purposes, Other tt-1,11-1 streets or. easements, Live ( 51.) percent of the area subdivided in ttie i ina-L plan or five ( 5'.1.) percent of thi-t Val-Ile Ot f the new lots created or a c0l"rJillati011 01 both . (b) A total exemption ior Section `), ;)'1-d-):5eCt: i 01-1 shall be YiVen for all subdivisions locate-d in areas specitical-Ly zoned tcjr Commercial or Industrial uses provided that the subdivision Plan indicates that tree propo-. ed. 115 is Lor ej. VIIP-r Commercial or Industrial use . ( 6 ) Where the total of public street extens lolls all(i new public streets shown on the plan of SUDOIVISiOrl 1:; one hundred fifty ( 150 ) meters or yreacer , 1,64-2 Plan ",Ila I I be accompanied by a drainage plart lor the area to be subdivided prepared by a p r o t:e:5;-"3 i o na L engineer i1-+ accordance with accepted Enyineerinq pracLice . ( 7 ) Where it is required that a rinai pi.:.in Of ;-,iklodl \/Jsloll be accompanied by a drainage plan and st.ampt!d by a Professional Engineer under SeCti.ol't 6 , Lll(.! L011OWL11CI form of certification shall be used and Ulie Eng 1 ne-ex s official stamp shall be attixea thereto : I C1 ls,y o t e s s 1 o n a 1. Engineer, hereby certify that lot ( 5 ) " and were evaluated by me anu that this drainage plan is in accordance with generally accepted engineering practice . ( 8 ) Where a subdivision requiring the certiticare in ( '/ ) is irl an area served by municipally approvea centra-i sewer or is designated for sewered development in a Municipal PLanninq Strategy the storm water drainage system shall orain by gravity to a natural watercourse and wii.i be possible if curb, gutter and subsurface storm dtairl',i(le systell) is installed in the street, whether or noL sucn a sysLeiii is contemplated before subdivision approval . ( 9 ) Where the drainage plan reterre(i to in SuDsec.L'011 ( 6 ) and ( 7 ) , shows new or altered excavated cLLtches or storill sewer. --. as ewc-f- as part of the plan . The owner shad cuiistYucc all worKs necessary to carry out the drainage plan urrdFr the supervision of t h 0- E t i q i 11 e e r allu sna L I a L I ialla containing ditches or storm (Liairis t:0 the De par L me.n t Transportation or The Municipality. PART 13 : CONDITIONS F'OR AL•CEP`fANCE; UH' SEZVic 37 . After completion of all services and prior to acceptance by the Municipality, the subdivider shall post a maintenance bond to the Municipality in the amount of ten ( 10%) percent of the actual cost or construction and installation of services by the subdivider to safeguard such services for a period of one year . Atter this bond is posted, the subdivider shall provide to the Country Enqineer the following prior to endorsement of approval by the Development Officer : (1) The "as built" signed reproducible engineering design and drawings; ( 2 ) The result of all required test reports; and ( 3 ) On request, deed to the Municipality certain services and easements . This section with the exception of Subsection 3 may be waived by the County Engineer where the new services are not extended more than 100 metres and the installation has been done under the supervision of the county Engineer . PART 14 : MUNICIPALITY OF THE COUNTY OF' CAPE BRETON SPECIFICATIONS FOR SANITARY SEWERAGE SYSTEMS Purpose The following specifications relating to the design and installation of a sanitary sewerage system are considered necessary to maintain an adequate level of service to the users . Any variance from these specifications shall be none in consultation with the Director of Engineering. Application of these criteria isnot intended to relieve Processional Engineers of their responsibility to assure that designs are appropriate or effective for the situation to which they are applied . Drawings Drawings shall be submitted showing all details of the proposed sewerage system and shall be stamped and signed by a Professional Engineer . These drawings shall not exceed 610 mm X 900 mm ( 24 in. X 36 in. ) in size and shall be securely bound together . Design Flow EVALUATION OF DESIGN FLOWS (a) The design of all sanitary sewers shall be based on the peak dry weather flow. 19 (b) Infiltration allowance at the rate of 17, 000 litres/ hectare/day (15UU gallons/acre/day) (c) A peak flow of 1360 liters/day ( 300 gallons/day) per capita shall be used for design alonq with the allowance for infiltration. The sewerage flow from any industrial or commercial plants shall be calculated on the basis of estimated peak water usage. For design purposes, stormwater, surface or ground water, drain tiles, roof drains, and clean cooling water are not to be discharged to the sanitary sewer . Grades_ All sewers shall be designed and constructed to give mean velocities when flowing full, of not less than 2 . 0 feet per second ( 0 . 61 m/s) , based on Mannings formula. The following are the minimum which should be provided; however, slopes greater than these are desirable . Sewer Size Minimum Slope in Feet Der_10U._teet_(m/lUU rq), 4 inch ( 100 mm) 2 . 00 (service laterals ) 8 inch ( 200 mm) 0 . 50 10 inch ( 250 min) 0 . 28 12 inch ( 300 mm) 0 . 22 14 inch ( 350 mm) 0 .17 15 inch ( 380 min) O:15 16 inch ( 400 mm) 0 .14 18 inch ( 450 mm) 0 .12 21 inch ( 530 mm) 0 . 10 24 inch ( 600 mm) 0 . 08 27 inch (680 mm) 0 , 061 30 inch ( 760 mm) 0 . 058 36 inch (900 min) 0 . 046 Minimum Size Main Sewer - 20U mm ( d in. ) Sewer Lateral - 100 mm ( 4 in. ) 150 mm ( 6 in. ) serving two or more dwelling units . 20 Chancre in Size and Direction No change in pipe size from a larger upstream size to a smaller downstream size will be permitted regardless of the increase in grade . The maximum change in horizontal aliqnment shall be 90 . Sanitary Sewer_Design. ikrggti.ce.s ( 1) The capacity of sanitary sewers shall be determined by using either the Manning or Hazen-Williams formulae or their appropriate nomographs . ( 2 ) Sewers 610 mm ( 24 in . ) in diameter or less shall be laid with straight alignment between manholes . ( 3 ) Sewers %60 mm ( 30 in. ) in diameter or greater may be curved . The minimum radius of curvature shall be 30 meters ( 100 ft . ) . ( 4 ) Manholes shall be spaced at a maximum of 110 Yn ( 3b0 ft . ) for sewers 610 mm ( 24 in. ) and less and at a maximum of 15U m (500 ft . ) for sewers greater than 610 mm . ( 24 in. ) . 21 ( 5) A minimum of 450 nun ( 18 in . ) vertical sep ration i--, required where a sewer pipe and a water pipe cross . Tne water pipe is to be installed at the higner elevation . ( 6 ) Sanitary sewage torce mains are not co be instaiiea in tne same trench as water pipe . ( 7 ) The sanitary sewer shall be locaLed as near as possible to the centerline of the roadway. ( 8 ) Manholes shall be located at all changes in grade, alignment and size of. pipe . ( 9 ) Manholes shall be a minimum of 1, 20U mm ( 40 in . ) in diameter and shall be benched to provide a _smooth now path i rom inlet to outlet . ( 10 ) Where the difference in elevation between the inlet and outlet of a manhole exceeds 600 mm ( .3 f t . ) , the manhole shall be of the drop or step type . ( 11 ) special elements of the sewerage system such as inverted siphons, flow regulating devices and flow measuring devices shall be designed in consultation with the uirector of Engineering. ( 12 ) Service connections shall be made by using tees or saddles . Breaking into the pipe and grouting is noc acceptable . ( 13 ) Sewer pipe shall be designed to withstand all external pressures exerteo on it due to soi .i ioaon and superimposed loads . Bedding All pipe shall be bedded in Class A or Class B oedding as detined W.P .C. F . Manual of Practice #9 . Manhole Frames and Covers Manhole frames and covers shall be Silent Knight or equal with a minimum weight of 90 kg ( 200 ib. ) each. Tney shaii be capable of supporting a wheel load of 7, 500 kg ( 16, 5UU lb. ) . The cover shall be brought to tinishea grace using precast concrete rings and grout . Bricks and mortar are not to be used . 22 Manhole Material Manholes shall be constructed from standard precast concrete manhole sections . The base shall be a minimum of 200 mm ( 6 in. ) thick . Joint shall be made using rubber gaskets . Litt holes shall be plugged with a non-shrink grout. Pipe Material Only sewer pipe conforming to one of the following specifications or as otherwise approved shall be used . (1) Non-reinforced extra strength concrete pipe to A.S.T.M. Specifications C-14; ( 2 ) Reinforced concrete pipe to A. S .T.M. Specifications C-76; ( 3 ) Poly Vinyl Chloride (PVC) (a) 200 mm diameter piping, ASTM D 3034 . "Type PSM poly vinyl chloride sewer pipe and sittings" , SDH 3b; (b) 100 mm diameter piping, CSA B182.1, "Plastic drain and sewer pipe and fittings", SUR 28; ( 4) Sewage force main piping shall conform to water distribution system material as defined in Part 15 of these By-laws . Joints All pipe joints shall be made with rubber gaskets . Testing On completion the sewer shall be tested for exfiltration or infiltration. The quantity of intiitration and exfiltration measured in any section of sewer shall not exceed 1. 3L/ (mm dia . . km . hr . ) . Exfiltration tests only shall be carried out . For exfiltration tests the pipe shall be subjected •to a head oy not less than 1 . 5 meters ( 5 ft. ) of water above the top of the pipe at the upstream end .of the test section plus the ctiferences in elevation between the downstream invert of the test section and the tide at the time testing begins ( if possible ) . All testing shall be carried out during falling tide conditions . Low pressure air testing of sewers shall be permitted under the following conditions : for plastic piping, air testing shall comply with the requirements set out in the Uni-bell Plastic Pipe 23 Association ' s "Recommended Practice for Low-Pressure Air Testing of Installed Sewer Pipe" Sewage force mains shall be tested in a manner defined in Part 15 of these Bylaws under Hydrostatic 'fest . Sewage Pumping Station Sewage pumping stations shall be designed in consultation with the Director of Engineering in order to standardize new units with existing units thus reducing the amount of spare parts inventory required to maintain the stations . Pumping Station Design_ ( 1 ) Sewage pumping stations shall be designed to withstand all external soil and water pressures acting on them including flotation. ( 2 ) The station shall be capable of handlinq all flows it receives with 100% stand by pumping capacity at peak dry weather flows . ( 3 ) The pumps shall be specifically designed for Bumping sewage . ( 4 ) Pumping stations shall be located so that they are easily accessible and free from flooding. Sewage 'Treatment Plants and Outfall Sewers Sewage treatment plants and outfall sewers shall be designed in consultation with the Director of Engineering. Record Drawings On completion of the sewerage system and prior to acceptance by the Municipality of the County of Cape Breton, a set of original "Record" drawings shall be delivered to the Director of Engineering. 24 PART 15 MUNICIPALITY OF' THE COUNTY OF' CAPE BRETON SPECIFICATIONS F'OR THE WATER SUPPLY AND DISTRIBUTION SYSTEMS Purpose The following specifications relating to the design and installation of a water supply and distribution system are considered necessary to provide and maintain an adequate level of service to users . Any variance from these specifications shall be done in consultation with the Director of Engineering . Application of these criteria is no - intended Co relieve Professional Engineers of their responsibility to assure that designs are appropriate or effective for the situation to which they are applied. Drawings Drawings shall be submitted showing all details of the proposed water supply and di-stribution system and shall ire stamped and signed by an Engineer registered in the Province of Nova Scotia . `!'hese drawings shall not exceed 610 mm x 9UU mm ( 1y in . x 3G in. ) in size and shall be securely bound together . Raw Water Supply_ The raw water supply shall not exceed the maximum acceptable limits for Radiological, Microbiological, Chemical or Physical Characteristics as set down in "Guidelines for Canadian Drinking Water Quality 19780 . Water Treatment Water treatment systems shall be• designed in consultation with the Director of Engineering. Pumping and Storage FLacilities Water pumping and storage facilities shall be designed in consultation with the Director of Engineering. Demand (1) The following figures shall be used for the calculation of domestic water needs . Average Daily Demand - 300 L per capita per day ( 65 1 . gal . per capi t._i per day) - Peak Daily Demand - 600 L per capita per day (130 1 . gal . per capita per day) 25 - Peak Hourly Demand - 1, 150 L per capita per day Expressed as ( 250 1 . gal . per capita per day) a Daily Kate ( 2 ) Fire demand is to be calculated according to th.e , published requirements of the Canadian underwriters Association. minimum flow at a hydrant shall be 2, 000 L per min. ( 420 gal . per min. ) with a residual pressure of 140 K N per m ( 20 P .S . 1 . ) Design Demand The demand used for main size selection should equal the vire Flow Demand plus the Peak Daily Demand., or the Domestic Peak Hour Demand, whichever is greater . Design and Construction Practices ( 1) Dead end mains, except for short sections, shall be avoided when practical . ( 2 ) Separate and independent water laterals shall be provided for each dwelling. ( 3 ) The minimum size of water line shall be 150 nun ( 6 in. ) for looped systems and 200 mm ( 8 in. ) for dead end systems longer than 150 m ( 500 ft. ) . ' ( 4 ) 'Phe minimum depth of cover to the top or the water line shall be not less than 1, 500 mm ( 5 ft . ) . ( 5 ) All bends, tees and plugged ends shall be ancnoreo or blocked with concrete . ( 6 ) Connection of a new water system to an existing water systern shall take place only with the approval of the Director or Engineering. ( 7 ) On straight runs in a residential area, the maximum distance between valves shall be 185 m- ( 600 ft . ) . ( 8 ) At the intersection of water pipes, the minimum number of valves to be provided shall be one less than the number of pipes entering the intersection. Sufficient valves shall be provided on water mains so that inconvenience and sanitary hazards will be minimized during repairs . (9 ) All valve box covers shall have the word "WATER" cast in the cover . 26 Hydrants (1 ) Hydrant connections shall be not less than 150 rnm ( 6 in. ) . A gate valve shall be installed on each connection. ( 2 ) Hydrants shall be located so that no lot is more than 150 m ( 500 ft. ) from a hydrant . ( 3 ) HydrantB Shall be ine:talled so that the top of the standpipe flang will be from 100 itim to 110 mit ( 4 in, to G 1n. •a1--i oo the finished grade . ( 4 ) Where feasible a hydrant shall be installed at the end of dead end water lines . ( 5) Hydrants shall be the break-away type . (6 ) Hydrants shall have two ( 2 ) 65 min ( 2 1/2 in. ) hose nozzles at 180 and one (1 ) 100 mm (4 in. ) pumper nozzle ana are to be manufactured to A. W.W.A. Specifications C-502 . ( 7) Hydrants shall be to Municipality of County of Cape breton standards as to design, type and threaa . Water Distribution System Material ( 1) Ductile iron pipe shall conform to A. W. W.A. C-151 and shall be cement lines to A.W.W.A. C-104 . Joints shall be Tyton or Mechanical . ( 2) P .V.C. pipe shall conform to A.W.W.A. standard C 900 Polyvinyl Chloride Pressure Pipe . The pipe is to be Class 150 S .D.R. 18, with Bell and Spigot gasketed joints . Service Connections (1) Service connections to Ductile Iron Pipe shall be made with a corporation stop directly tapped into the pipe . ( 2 ) Service connections to P .V.C. pipe shall be made using an appropriate saddle . ( 3 ) Service pipe shall be type "K" soft copper . ( 4 ) Standard service pipe for residential use shall be 19 mm ( 3/4 in. ) . Hydrostatic `Pest ' After the water pipe has been laid and partially backfilled, it shall be subjected to a test as specified in A. W. W.A. C 600 "Installation of Gray and Ductile Cast Iron Water Mains and Appurtenances" . 27 The specified test pressure (gauge ) shall be lUUU kPa based on the elevation of the lowest point in the line or section under test. Flushing and—Disinfection, On completion of the water lines and before they are placed in service, they are to be thoroughly flushed and c_iisinfected in accordance with A.W. W.A. C-601 . A copy of the bacteriological test results is to De made available to the Director of Engineering . Bacteriological tests are to be conducted by the Nova Scotia Department of Health. Record Drawings On completion of the water system and prior to its acceptance by the Municipality of the County of Cape Breton, a set of original "Record" drawings shall be delivered to the Director of Engineering. 28 CHAPTER 31 AREA CODE 902 of Twin TELEPHONE. 564-SS41 w >_ MUNICIPALITY OF THE COUNTY OF CAPE BRETON � :a0 'COURT MOUSE.CRESCENT STREET SYDNEY,NOVA SCOTIA 815 2z7 THIS IS TO CERTIFY that the attached Swimming Pool By-law of the Municipality of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 15th day of February, A.D. , 1984 . MacEACHERN_ M• ICIPA.L CLERK-TREASURER DEPARTMENT OF MUNICIPAL AFFAIRS Recommended for approval of the Minister ...........�'r�..��`f.�. Departmental Solicitor ' APPROVED this...... ...........day . .....19 er••f Al Unicipel Affairs•• ENCLOSING OF SWIMMING POOLS BY-LAW 1. In this by-law:- Definition (a) "ENCLOSURE" means a fence, wall, or other structure, including doors or gates, surrounding a swimming pool to restrict access thereto. (b) "OUTDOOR SWIMMING POOL" means a tank or body of water maintained or used or which may be used for swimming purposes whether above or in ground and which has a maximum depth of water greater than twenty-four (24) inches, other than an existing natural body of water or stream. It shall also include privately owned pools belonging to or connected with any type of multiple housing (Aevelopment, motel, hotel or similar establishment. (c) "OWNER" includes a person in possession of the property on which the swimming pool is located. (d) "MUNICIPALITY" means the Municipality of. the County of Cape Breton. (e) "PERSON" means any firm, corporation, partnership, individual or association. c 2 . (1) Every owner of an outdoor swimming pool within Enclosures the Municipality shall erect and maintain around such pool an enclosure which shall extend from the ground for a height of not less than five (5) feet and be so located that entry to the swimming pool area shall only be accessible by means of one or more gates in the enclosing fence. (2) Every fence shall have a gate or gates of chain link fencing or of material of not less than`l equivalent strength which provides an equivalent degree of safety; and every gate shall be of at least the same height as the fence, be supported by substantial hinges and be equipped with self- closing, self-latching devices placed at the top and on the inside of the gate. 2 - (3) Every gate shall be kept closed and locked at all times when the pool is not in use. (4) Any closure may have a wall or a wall of a building as part of such fence, provided the said wall is at least five (5) feet in height and if the wall contains any openings which could provide a means of ingress or egress to the pool, that such openings be kept locked or blocked at all times when such pool is not in use. (5) Where a swimming pool has been installed prior to the passing of this by-law and is fenced in such a way as to provide adequate safety and complies with the existing by-laws, its shall be deemed to comply with this by-law. 3. This by-law shall come into effect:- Effective Date (a) in respect of all new swimming pools, on the date of approval by the Minister of Municipal Affairs; and (b) in respect of all existing swimming pools, on the sixtieth day after the date it was approved by the Minister of Municipal Affairs. 4. 'Any person who violates any of the provisions- of Penalty this by-law shall on summary conviction be liable to a penalty not exceeding $250.00 and in default of payment thereof, to be imprisoned for a term not exceeding twenty (20) days. CHAPTER 35 BY-LAW RESPECTING TAX EXEMPTION FOR UTILITIES, FIRE COMPANIES. CHARITABLE AND NON-PROFIT ORGANIZATIONS 1, This By-Law shall be known as the Tax Exemption By-Law. 2. In this By-Law, (a) "Charitable Property". means property used directly and solely for a charitable purpose, of a particular charitable organization registered as such under the Income Tax Act (Canada) and regulations made thereunder, or incorporated under the Societies Act of Nova Scotia, R.S.N.S. 1987 c. 285 3. Subject to Section 2 hereof, all charitable properties named in Schedule "A" to this By-Law shall be exempt from taxation to the' extend set out in Section 4 hereof. 4. Subject to Section 5 hereof, no taxes shall be payable on the properties named in Schedule "A" to this By-Law.. 5. When before December 1st in any year, any charitable property named in Schedule "A" to this By-Law ceases to be occupied by the owner thereof directly or solely for charitable purposes, the tax exemption shall cease and the owner of the property shall immediately be liable for the taxes on such property for the portion of the year then unexpired. 0. This By-Law shall become effective in the municipal taxation year 1990. Adopted By the Council of the Municipality of the County of Cape Breton September 19, 1969 SCHEDULE 'A' [continued] FIRE DEPARTMENTS PROPERTY ASSESSMENT NO. 21. Northside East Bay 03539229 22. Coxheath 00975494 23. Howie Centre 05478359 24. Gabarus 00588415 25. District 14 01237918 25. Albert Bridge 00034575 27. Mira Road 03253959 COMMUNITY ORGANIZATIONS PROPERTY ASSESSMENT NO. 1. Point Aconi Community 03778339 2. Alder Point 00888885 3. Boisdale 00353057 4. Frenchvale 01606123 5. Point Edward 03778355 5. Westmount 00640662 7. East Bay - Sydney Forks 01360555 8. Catalone 00592433 9. Little Lorraine 02558241 10. Bateston 00241148 11. Bateston 00379298 12. Albert Bridge 00034576 13. Marion Bridge 03253894 14. Florence 01523414 15. Brook Haven 00485888 16. Senior Citizens Bras d'Or 04219414 17. Districts 4 & 5 Senior Citizens 05337232 1B. Senior Citizens District 7 04219449 19. Donkin Senior Citizens 01263592 SCHEDULE 'A' WATER UTILITIES PROPERTY ASSESSMENT NO. 1. Bras d'Or Water Utility 03395049 2. Florence Water Utility 03395057 3. Donkin Water Utility 03396355 4. Birch Grove Water Utility 03396304 5. Reserve Water Utility 03928063 FIRE DEPARTMENTS PROPERTY ASSESSMENT NO. 1. Christmas Island 04769848 2. Frenchvale 01606131 3. Westmount 04680056 4. Sydney River 04516885 5. Big Pond 00322606 G. East Bay 01350663 7. Donkin 03395987 8. Tower Road 04639537 9. Birch Grove 00327395 10. Marion Bridge 03027953 IL Port Morien 03305732 12. Reserve 03396703 13. Grand Lake Rd. 01776738 14. Florence 01523449 15. Boisdale 02873303 15. Southside Boulardarie 05493576 17. George's River 05170672 18. South Bar 02931982 19. New Victoria 05451167 20. Scotchtown 04181239 continued .... AREA CODE 902 'J1jOj TJIF(� CHAPTER 32 TELEPHONE: 564-5541 •.••.••... •G1 MUNICIPALITY OF THE COUNTY OF CAPE BRETON vb� _ •' D0 COURT MOUSE,CRESCENT STREET • . a SYDNEY,NOVA SCOTIA fats 2z? THIS IS TO CERTIFY THAT the attached Taxi By-law of the Municipality of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 24th day of April, A.D. , 1984 . � 10Y .� J.E. MacEACHERN MUNICIPAL CLERK-TREASURER i OEPn;"TMEN'T OF MliNICIPAL AFFAIRS Pe:ommen-led for ap royal of the Minister I ..............Vii" :-i. -................Deoa rtmental Solicitor•. APROVED this.....................qay Ll of.. .. 19. A •. .......... . ......... • Mln sten of Munielpal Affairs TAXI BY-LAW 1 In this by-law: Definition (a) "TAXI" means a motor vehicle used to transport passengers or goods for compensation but does not include any motor vehicle owned or operated by a public utility as defined in the Public Utilities Act, R.S.N.S. , 1967, and the amendments thereto, and it does not include vehicles duly licensed under the Motor Vehicle Act, R.S.N.S. 1967, and amendments thereto. (b) "MUNICIPALITY" means the Municipality of the County of Cape Breton. (c) "PERSON" means any firm, corporation, partner- ship, individual or association. 2 (1) The owner of a vehicle which is to be used as a Taxi VehicZe taxi with its base of operation within the License Municipality shall not operate that vehicle as a taxi unless a Taxi Vehicle License has been obtained for that vehicle. (2) Every Taxi Vehicle License shall be conspicuously displayed inside the vehicle for which it is issued. (3) Every applicant for a Taxi Vehicle License shall submit to the Clerk of the Municipality a written application containing the following: (i) full name , address and age of applicant; (ii) registration number of the vehicle involved; (iii) a copy of a safety inspection report on the vehicle; (iv) provide a copy of an insurance policy in force at the time on the vehicle in question which provides Public Liability Insurance, Passenger Hazard Insurance and Property Damage Coverage in the amount of at least without any limit on any particular claim up to that amount with a notation on the policy indicating that the vehicle is insured to operate as a taxi cab; 2 - (v) year, make and model of the vehicle involved. (4 ) The fee payable for a Taxi Vehicle License shall be Twenty-five Dollars ($25. 00) annually. (5) A Taxi Vehicle License is transferable from one vehicle to another, provided that the owner of the Taxi Vehicle License is the owner of the new vehicle. Taxi Driver 3 (1) No person shall drive a taxi unless that person License has obtained a Taxi Driver ' s License. (2) Every Taxi Driver License shall be conspicuously displayed in the taxi while it is being operated. (3) Every applicant for a Taxi Driver ' s License shall submit to the Clerk of the Municipality a written application form containing a. photocopy of a valid Chauffer ' s License or Class 4 License issued to the applicant under the Motor Vehicle Act. (4) The fee payable fora Taxi Driver ' s License shall be Ten Dollars ($10 .00) annually for a driver who holds a Taxi Vehicle License and Twenty-Five Dollars ($25.00) annually for all other drivers. (5) No Taxi Driver ' s License shall be transferred from one person to another. 4 (1) The owner of every motor vehicle licensed under this by-law before commencing to transport Identification passengers for hire in such vehicle shall affix or cause to be affixed upon the roof of such vehicle an illuminated sign. (2) Such sign to be affixed to the roof of the licensed vehicle shall display the number assigned to such vehicle in the license issued under this by-law so that such number shall be visible from the front and rear of the vehicle. (3) Such illuminated sign shall be lit at the same time as the headlights of the vehicle are turned on in accordance with the provisions of the Motor Vehicle Act. 3 - 5 Every person who contravenes or fails to comply Penalty with any of the provisions of this by-law shall be liable upon summary conviction to a penalty as provided for in Section 266 of the Motor Vehicle Act, R.S.N.S. , 1967, c. 191. 6 Sections 3, 12, 13, 14, 15, 16 and the schedule of taxi fees of By-law Chapter XII are hereby repealed. AREA CODE 202 GF The TELEPHONE. 564-5541 •.....•.••COG Q� •' .. 'Y s ___,•',�' MUNICIPALITY OF THE COUNTY OF CAPE BRETON r COURT NOUSE,CRESCENT STREET SYDNEY,NOVA SCOTIA BIS 2z7 THIS IS TO CERTIFY that the attached is a true copy of an amendment to the Taxi 3y-law passed at a duly convened meeting of the Municipal Council of the Municipality of the County of Cape Breton on the 19th day of June, A.D., 1984. J MacEACHEPIT x . ICIPAL CLERX—TREASURER nEPARTMENT OF MUNICIPAL AFFAIRS Recommended for approval of the Minister � :?✓ .f ... ......... .......... ....... Departmental Solicitor...... APPROVED this......6. ............day of... �.... .`.: l:. I`r ..... •n st of M nicipal Affairs TAXI BY-LAW BE IT RESOLVED that the Taxi By-law of the Municipality of the County of Cane Breton, passed and adopted at a duly called ineeting of the Cape Breton County Municipal Council . on the 24th day of April, A.D., 1984, and approved by the Minister of Municipal Affairs on the 8th day of June, A.A. , 1934, be amended as followss t (1) Section 2 (3) (iv) be amended by removing the ,figures One Million Dollars ($1,000,000.00) in the sixth line thereof and replacing it with the figures Five Hundred Thousand Dollars (1500,000.00) . L B - such owner or driver's expense (payment of license fee deemed to cover said costs) a copy of this Dy-Lnw, plates and badges, and every such owner or driver shall be deemed to be aware of the contents hereof. PENALTIES 27. Every person who violates, contravenes or fails to comply with any of the provisions of this By-Law, shall be guilty of an offence against this By-Law and upon conviction the following penalties shall be imposed: A) In accordance with Section 266 Motor Vehicle Act; B) Maximum of $500.00 1n accordance with Swmaaries Proceedings Act. APPLICATION LIMITED 28. This By-Law and everything herein contained shall be subject to the provisions of "The Public Utilities Act", "The Motor Vehicle Act", and the Town's Act; and nothing herein shall apply to persons transporting for hire passengers into the Town from outside limits of the Town or to persons transporting for hire passengers taken on within the limits of a Town to be discharged outside the limits of the Town. P age 21 CHAPTER VII Tenure of Office S- 1. All officers of the Municipality appointed at the annual meeting shall enter upon their duties the day following the conclusion of the annual meeting, and the officers appointed at other times shall enter then upon their duties within ten days from the time of their appoint- ment; and all such officers shall hold office until the day following the conclusion of the annual meeting next succeeding their appoint- ment, unless in respect to any such appoint- ments, it be otherwise provided by law, by by-law, or by the special term of the appointment, 2., Any officer appointed under the Municipality may be removed from office at any time by vote of the 'Council, excepting those whose tenure of office is by statute, declared to be during good behaviour or for a term certain. CHAPTER 12 Pg. 34 Muntrivatity of f4r Toun#y of Tapp Breton COUNTY ADMINISTRATION BUILDING 865 GRAND LAKE RD., SYDNEY, N. S. B1P 6W2 THIS IS TO CERTIFY that the attached Trade and Licensing By-Law. of the County of Cape Breton was adopted at a duly called meeting of the Cape Breton County Municipal Council held on the 10th day of September, A.D. 1991. DAVID A. MDIS MUNICIPAL CLERK for ster1 iI l n r R ........ . ..... o. Y .... . ...... ..............� t AREA CODE 902 TELEPHONE:563-2700 FAX:564-1871 THE MUNICIPALITY OF THE COUNTY OF CAPE BRETON TRADE AND LICENSING BY-LAW 1. In this By-Law: (a] "trader of goods" means anyone who offers for sale to the public, goods of any type, including foodstuffs, other than from a fixed location. (b] "mobile facility" means an automobile, truck, van, cart, bus, trailer or such other vehicle capable of movement. 2. (1) The Clerk shall issue all licenses under this By-Law. (2) No person shall act as an auctioneer of goods, or peddle, hawk or trade goods from door-to-door or from a mobile facility without first obtaining a license therefore. (3) A person may, without a license, either act as an auctioneer of goods or peddle, hawk or trade goods from door-to-door or from a mobile facility where the goods are unprocessed products of the farm, the forest or the sea. (4) No person shall conduct a circus or other itinerant amusement performance or outdoor theatre without first obtaining a license therefore. 3. (1) Where it appears to the Executive Committee that a license holder under this By-Law is carrying out an operation in violation of any of the provisions of this By-Law. it may instruct the Clerk to cancel any license so issued under the provisions of this By-Law. (2) The Clerk shall notify the holder of such license of the "cancellation" by mailing by registered mail. a notice of cancellation to his last known address. (3) Any notification issued pursuant to this section shall state the effective date of cancellation, the reasons for cancellation, and the steps, if any, to be taken for reinstatement. (4) The holder of any license cancelled pursuant to this section may appeal the cancellation to Cape Breton County Council within fourteen (14) days of the date of notification of the cancellation. .../2 - 2 - 4. (1) Every license issued pursuant to this By-Law shall expire on the 31st day of March of each year. (2) Every licensee shall display his license at his place of business and shall make it available for inspection upon request of any person. 5. (1) Fees to be charged for licenses issued under this By-Law shall be as follows: (a) Auctioneer, peddler, hawker Resident $10.00 Non-Resident 25.00 (b) Mobile facility Resident $100.00 Non-Resident `&150.00 (c) Circus. Amusements Resident $100.00/day Non-Resident $1 00.00/day (2) The following restrictions shall also apply to the licenses issued hereunder as to the district of the Municipality in which the licensee may operate: (a) Auctioneer, peddler, hawker - the whole of the Municipality. (b) Mobile facility - only on property designated as Commercial under the Land Use By-Law of the Municipality of the County of Cape Breton_, or otherwise authorized by the Land Use By-Law. (c) Circus. Amusements - only on property designated as Commercial under the Land Use By-Law of the Municipality of the County of Cape Breton, or otherwise authorized by the Land Use By-Law. (3) All licensees shall be required to provide garbage receptacles for public use during hours of operation and shall also be responsible for the removal of all garbage and litter from the site. Failure to do so will be a violation of this By-Law. 6. (1) Any person who violates any provision of this By-Law shall be liable upon summary conviction to a penalty not exceeding one thousand dollars or in default of payment, to imprisonment for a period not exceeding ninety days. (2) When any person has been convicted for not having obtained a license as required by this By-Law, the court may, in addition to any other penalty for which that person is liable, order that person to pay the license fee. Page 1? Ci91AP 7i 1 Y V ARDS N .. The V arden shall be the Chief Executive Officer of the Municipality and it shall be his duty to perform, enforce and carry out all acts ; obligations and duties required of him by the Municipal and other Bets of the Province of Nova Scotia, and the by-laws , orders or resolutions of the Council. 2. In the absence of the Warden, or in the event of the death of the Warden, the Deputy Warden, in addition to the power conferred on him, shall be ire- quired to perform all duties and obligations imposed on the Warden by any and all Acts of the Province of Nova 43cotia or by the by-laws , orders or resolutions of the Council. 3: The Warden shall be � paid,'$*-$��. in addition to any other remuneration and expense monies to _ which �• =�.�ti.A_ . he is entitled by law. Y