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HomeMy WebLinkAboutTown of Louisbourg Bylaws Pre Amalgamation 1995 Town of Louisbourg Pre — Amalgamation (1995) Bylaws Town of Louisbourg Bylaws Bylaw Page # Interpretation 4 Boundaries 5 Town Seal 5 Town Council 6 Rules of Order of Council 6 Committees & Boards 11 Officers Generally 13 Town Clerk& Treasurer 14 Town Solicitor 15 Annual Appointments 15 Superintendent of Streets 16 Public Property 16 Streets 16 Obstruction on Streets 20 Moving Buildings 22 Horses, Cattle, Sheep & Vehicles 22 Building Regulations 24 Police 24 The Lockup 24 Prevention of Disorder or Impropriety 25 Public Safety 27 Firearms & Fireworks 27 Prevention of Fires 28 Licenses 29 Non-Ratepayers Commencing Business 29 Petty Traders 30 Auctioneers 30 Trucks 31 Hacks 33 Junk Dealers 34 Chimney Sweeps 35 Advertising in Public Places 36 Dogs 38 Impounding Animals 39 Town Meetings 42 Penalties for Improper Use of Streets 43 Restaurants 44 Licensing of Bicycles 45 Building Bylaw 46 Deposits by Candidates At an Election 61 Curfew 62 Dangerous & Unsightly Premises 63 Dog (1993) 65 Emergency Measures Bylaw 73 Bylaw to Establish the Lousibourg Police 81 Commission Heritage Property 84 Installment Billing Bylaw 92 Municipal Land Transfer Bylaw 93 Police Commission 95 Public Safety 96 Regulation of Automatic & Musical Machines 97 It is-ordained by the Council of the Town ofLouisburc_ that the following shall bd the By-Laws of The Town of Louisburg NO. 1—INTERPRETATION 1. In these by-laws, unless the context otherwise requires, th -following expressions shall be construed in the manner in this sectiot mentioned "Chair" used in respect to the Town Council;means the Mavor Presiding Councillor or Chairman presiding at any meeting of th. Council of the Town of Louisburg. "Clerk" used in respect to the Town Clerk, means the Towi Clerk of the Town of Louisburg. - "Company" includes Corporation. "Council" means the Council of the Town of Louisburg,composes of the Mayor, who is deemedto be a member thereof, and the Coun cillors of the Town of Louisburg--, "Mayor" means the Mayor of the Town of Louisburg. "Police Court" means the Court of the Stipendiary Magistrate for the Town of Louisburg. "Stipendiary Magistrate" means the Stipendiary Magistrate o the Town and includes the Deputy Stipendiary Magistrate of the Towr of Louisburg,and also any additional Stipendiary Magistrate appointer: under the provisions of any enactment. "Street" includes every street, highway, road, lane, footwa-,- thoroughfare, alley, by-way, passage, court, square, sidewalk or bridge and every part thereof lawfully used by the public in-the Town o: Louisburg. "Town" means-'the Town of Louisburg. "Town Hall" means the building in which the Town Cleric of tht Town has his office, and in which the Town Council of the Town meets. "Town Solicitor" means the Town Solicitor of the Town of Louis- burg. 2. The provisions of Section 23, of "The Interpretation Act' Chapter 1, of the "Revised Statutes of Nova Scotia, 1923," in so far as applicable, shall apply to these by-laws, and the interpretation therein given to the words, expressions and clauses therein stated shall be giver. to the same respectively where used in such by-laws, except in so far as the same are inconsistent with the context or with the intent and"objecr of the by-laws. 71 _ NO. '2—BOUNDARIES , 1. The Boundaries of the Town are as follows: 2. For elections of Mayor- and councillors, the Town shall be in one polling division, the boundaries of which are as follows: BOUNDARIES OF.THE TOwN OF LOUISBURG CHAPTER 79, REVISED STATUTES OF N. S., 1939 Beginning on the north side of Louisburg Harbour on the line separating the property of the Roman Catholic Episcopal Corporation on the east side, and property owned and occupied by John Kehoe on the west, thence running north 10 degrees west, Magnetic, on said line, 371 feet to the south side of the highway leading from the Town of Louisburg to Gabarus; thence-south 76 degrees east along the south side of said highway 28 feet, thence north 13 degrees and 30 minutes east 5243.4 feet to the south side of Phalen's Brook, thence following.. the windingss of said brook in an easterly direction as follows: south 75 degrees east 311 feet, south 63 degrees east 424 feet, south 83 degrees and 30 minutes east 417.4 feet, south 52 degrees east 125.6 feet, due east 117.8 feet or a total of 1395.8 feet along the brook to the southeast corner of.Plunkett's Bridge on the highway leading from Louisburg to Sydney; thence due east 6348.8 feet to the eastern-line of property owned and occupied by Mrs. Philip Wilcox, thence_south 18 degrees west 1275.5 feet to the south side of the highway leading from the east end of the Town of Louisburg, thence north 72 degrees east along the south side of said highway 109.8 feet to the intersection of the highway leading to Big Lorraine, thence due south 70 degrees and 30 minutes east along the south west side of said highway 527 feet to the south side of the first brook that crosses the Big Lorraine highway, thence due south 5807.3 feet to the shore of the Atlantic Ocean at mean high water, thence following said .shore at mean high water in a south- westerly direction: a distance of about 5000 feet, to the mouth of Louisburg Harbour, thence in a southwesterly direction crossing the mouth of Louisburg Harbor, a distance of about 2500 feet, to mean high water .at the eastern extremity of Battery Island, thence in a northwesterly direction, a distance of about 5500 feet, across Louisburg Harbor to the place of beginning. NO. 3 TOWN SEAL . - 1. The Common Seal of the Town, made of metal, having en- graved on it "The Town of Louisburg, Incorporated," and shall con- tinue to be the Town Seal 2. The Seal shall be kept by the Clerk. 3. It shall be used when authorized by any statutes, or any by- law of the Town,or by any directions or resolutions of the Council. [6l 4. It shall be affixed to every.agreement, contract, deed, lease or other document to which the Town is a party, and which in order to bind the Town requires to be authenticated by a Seal.. ' 5. The Mayor or Clerk shall affix the seal to every such agreement, contract, deed, lease or other document, which shall also be signed by the Mayor and Clerk. 6. The fo Tlbwing form ma'y'be used when any document is to be so authenticated:— In uthenticated:In Witness Whereof the Mayor and the Town Clerk of the Town of Louisburg have hereunto subscribed their hands and affixed the seal of the said Town this day of A.D., 19 7. The :Mayor or Clerk may affix the seal to any certificate or document at the request of the person desiring-it. 8. . Persons requiring the seal to authenticate documents shall pay to the Town the following fees: For any document to be used out of the Province_______ ___ $2.00 If to be used only within the Province---------___________ _ 1.50 If to be used only within the Town_________________________ 1.00 NO-4—TOWN COUNCIL 1. The Council shall meet: (a) On the last Saturday of each month at 7:30 o'clock in the evening at the Town Hall, and (b) Whenever summoned to attend a special meeting. 2. The Mayor shall call the Council together:-- (a)- Whenever business requires such meeting to be held,and (b) When requested so to do by three members as provided in the Towns' Incorporation Act. NO'5—RULES OF ORDER OF COUNCIL 1. At the first-meeting after the annual election in each year, the date of which meeting shall be fixed by the out-going Council, the Council shall be organized by administering the required oaths,.if not previously administered and the appointment of a Deputy Mayor, and the further business of the meeting shall then be proceeded .with according to the order of business-hereinafter provided. 2. At every meeting, as soon as there.is a quorum, the Mayor, if in attendance, shall take the chair. 3. If the Mayor is not present within fifteen minutes after the. appointed time for the meeting, the-Deputy Mayor, if in attendance shall,if there is a quorum, take the chair and preside during the meeting or until the arrival.of the Mayor. mr71" proceeds to put the question, and such application shall be accompan- ied by a brief statement of the reasons, and shall be decided without debate. - 36. No member shall leave the Council before the close of any meeting without permission of the Chairman. 37. No question shall be debated or voted on unless a resolution in respect thereto has been moved and seconded. .38- The chairman may require that any motion shall be reduced to writing and signed by the mover and seconder before being debated. 39. Any member may require the division of any question when, in the opinion of the chairman, or on appeal, in that of the Council the sense will admit of it. 40. No debate shall be allowed on any motion or adjournment or on a motion that the question be now put, or on a motion to re- consider,or for leave for any person to address the Council or to change the order of business, or to speak more than the prescribed number of times. 41. Before putting anv question to vote, the chairman shall state the same clearly and ask the council if it is ready for the question provided that in any matter on which there has beensno discussion the chairman may ask if there is any objection to the resolution, and if none is made declare the motion carried. 42. Every question shall be decided by a vote of yeas and nays, and the chairman shall state whether in his opinion the motion has been carried or defeated, but any two members may call-for name on the iivision, in which case the vote of each member shall be taken and re- :orded in the minutes and the question decided accordingly. 43. In the event of an equality of votes the chairman shall give the casting vote, and may before so doing state his reasons for his vote. 44. If the chairman is of the opinion that any motion of the moving of which notice has not been given is of such a character Dr importance that discussion should not proceed without opportunity For further information or consideration, or if three members object to the immediate consideration thereof, the chairman shall direct that the motion be put in writing and that the consideration thereof be deferred until a subsequent meeting, in which case such. motion shall operate as a notice of motion. 45. Subsequent to the provisions of the next preceding rule, any member may at any time move that the order of business be suspended to permit him to introduce a motion, and the Council by a majority vote may grant such permission. 46. When a motion has been moved and seconded it can not be withdrawn except by leave of the Council. 1121 (c) A ),Motion to defer the consideration of the question either indefinitelv or to some time named. (d) A Motion to close the debate at a specified time; (e) A Motion that the question be now put; or (f) A Motion to adjourn. 30. When any one of the motions enumerated in the nest pre- ceding section has been made as an amendment to the original motion or the amendment except (a) To refer to a board of committee; (b) To defer the consideration thereof; (c) To close the debate at a specified time; (d) That the question be now put, or (e) To adjourn. any one of which may be moved either to the original motion or to any amendment thereof 31. A Motion (a) That the debate be closed at a specified-rime, or; (b) That the question be now put, shall be put to the question without further amendment or debate, but a motion that the question be now put shall not be put until after every member who has not spoken on the question and claims a right to speak has been heard. 32. A Motion that the question be now put, until it is decided, shall preclude all amendment of.the main question, and shall be put, without debate, in the following words: "That this question be now put." If this motion is resolved in the affirmative the original question shall be put forthwith without any amendment or debate; but if such motion is resolved in the negative the main question may then be de- bated and amended. - 33. A motion to adjourn shall always be in order, except when a member is addressing the Chair, and providing no motion to adjourn. has been made within fifteen minutes previously thereto unless other business has in the meantime been considered by the Council. 34. No member of the Council shall be permitted to vote or speak upon any question before the Council,or before any board or committee where his private interest is immediately concerned, distinct from his public interest or where he is personally directly or indirectly interested or where he is the solicitor, counsel or agent for any person or company interested in such question. 35. Every member except the chairman present when a question is taken shall vote upon it, unless disqualified by interest or otherwise, or unless the Council for special reasons, excuses him. Application to be so excused on any question may be made before the chairman [11] 4.- If neither the Mayor nor the Deputy Mayor is in attendance within fifteen minutes after the time appointed for the meeting, and there is a quorum, the Clerk shall call the meeting to order, and the councillors present shall appoint one of the members Chairman, and he shall preside during the meeting or until the arrival of the Mayor or Deputy Mayor. S. - If there is no quorum within twenty minutes from the time appointed for the meeting, the clerk shall call the roll and record the names of the members present, and the meeting then stand adjourned. 6. The Council shall not sit later than eleven o'clock at night unless otherwise determined by a two-thirds vote of the members present. 7. Minutes of proceedings of every meeting of the Council shall be drawn up and fairly entered by the clerk in a book and kept for that purpose by him, and such book shall be properly indexed. 8. Such minutes shall: (a) Contain all resolutions and motions passed, with the names of the movers and seconders, and shall (b) Mention reports, petitions and other papers submitted to the Council by their respective titles only, or by a brief description of their purport,except accepted reports, which shall be entered at length. . 9. Unless objection is taken to the minutes when read they shall be deemed approved and shall be signed by the chairman. _If. any objection is made thereto the member making it shall state his ground without comment, and if the Council acquiesce the minutes shall be amended accordingly. If all the members do not acquiesce in the pro- posed amendment, a motion must be made and seconded to amend the minutes in accordance with the objection which shall then be debatable. 10. The order of business at regular meeting of the Council shall be: (a) Reading of minutes'of the last regular meeting and of any special meeting held since such meeting. (b) Motions, or reconsiderations, if any: (c) The reading of memorials, petitions, correspondence and other papers and their references by the chairman to the appropriate committee without motion: (d) Reading and discussing of reports; (e) Accounts: ' (f) Questions by members; (g) Motions by members and notices of motions; (h) Miscellaneous business. [81 47. Any member may have the motion under discussion read at any time during the debate on the same. 48. After the Chairman has asked the Council if it is ready for the question and has begun to take the vote; no member shall be per- mitted to speak while the vote is being taken. 49. After any matter has been decided in the affirmative any member may at the.meeting at which the same was decided give notice or reconsideration thereof. At the next meeting of the Council(other than a meeting specially called for the consideration of a particular item of business) immediately after the calling of the roll, and before any other business is considered, the given or such notice, or in his absence any other member on his behalf, may briefly state his reasons for reconsideration, and if the motion to reconsider is seconded, the same shall then be put to vote without further debate, and if carried the question so reconsidered shall then be read and disposed of. 50. If the motion to reconsider is not made at the time so fixed, or if the Council refuses to reconsider,-or if after reconsidetatibn the question is again decided in the affirmative, no other motion to re- consider of rescind can be made within one year except with the unani- mous consent of the members of the Council present. 51. If the next meeting of the Council, after such notice is one called for the consideration of a particular item of business, a motion of reconsideration may with the consent of two-thirds of the members present, be made at such meeting, immediately after the completion of such particular business, or may at the option of the giver of the notice be made at the next meeting called for the transaction of general business. 52. A notice of motion to reconsider or rescind shall not have the effect of delaying or impeding any action necessary to give effect to any resolution -unless the Council otherwise directs. A motion to stay proceedings on such resolution pending the consideration of any such notice, may be made by the giver of the notice, together with such notice,and if seconded shall be put to vote at once without any debate- 53. No motion to rescind anv resolution of the Council shall be made unless notice of the intention to move the same has been given at a meeting of the Council previous to that at which the same is mored. 54. For the purpose of eliciting information in respect to any matter relating to the business of the Town, any member may, at the time appointed by-the order of business put any question to any official of the Town, or chairman of any committee or board, but am such question shall be stated simply and concisely without comment and shall be reduced to writing if the chairman so directs, and no comment or debate shall be permitted on the answer thereto. [13] 55. When the consideration of miscellaneous business is reached, the chairman shall have precedence in bringing before the Council such matter as he deems expedient. 56. If any question arises not provided for by the foregoing rule the same shall be decided according to the practise of the House of Assembly of the Province. 57. Any of the foregoing rules may be suspended in its operation by unanimous consent of the members present. NO. 6—COMMITTEES AND BOARDS 1. The Council may annually appoint, as soon after the annual election as is convenient, any of the following standing committees:— (1) ommittees:(1) Finance (2) Streets (3) Police and Licenses (4) Poor and Insane (5) Fire Department. each consisting of three members or such other numbers as the Council directs, and such other standing committees as the Council from time to time deems necessary. 2. The Mayor shall be ex-officio a member of all standing com- mittees. 3. The Council shall also at the same meeting appoint such members of the following boards and committees as under the pro- visions of any statute or other provisions, it has power to appoint, namely:— (1) The Board of Joint Assessment. (2) The Assessment Appeal Court_ (3) The Board of School Commissioners. (4) The Board of Fire Escapes. (5) The Committee for revising the Jury List. (6) The-Cemetery Committee. 4. The Council may from time to time appoint such special committees as it deems necessary for the purpose of inquiring into and reporting upon any matter referred to any such committee. 5. (1) The first named member of every committee shall act as its chairman until a chairman is appointed, and he shall call the committee together within three days after its appointment. (2) When the Committee meets it shall elect its own chairman. (3) In the absence of the chairman, at any regularly called meeting, a quorum of the committee present may appoint a chairman Pro tempore. [141 6. A majority of the members of a.committee shall constitute a quorum thereof. 7. If any councillor so appointed on any committee ceases to be a councillor he shall thereupon cease to be a member of such committee, and the Council shall appoint another to fill the vacancy. S. The Council may by a majority vote, remove any committee, or any member of a committee, or any member of a Board which it has power to appoint. 9. A vacancy happening in any committee, or in respect to an member appointed by the Council on any Board may be filled by re- solution of the Council at any meeting and without giving any notice of motion. 10. (1) The various standing committees shall report from time to time to the Council any special circumstances in respect to the ser- vices under their charge, and shall report in writing in reference to any subject coming within their supervision whenever required by the rote of the Council so to do. (2) Special committees shall report to the Council in writing upon the matters so committed to them. (3) The written reports of all committees when unanimous shall be signed by the chairman, and in his absence by the acting chairman; otherwise by such members of the committee as concur in the report, and the minority of any dissenting member of a committee may present a separate report in writing. 11. If the report of a committee is adopted and approved by the Council, the mayor shall cause all matters recommended in such report to be carried into full effect. 12. The Council may confirm, alter, modify or annul any act, requirement or direction of any committee with regard to any matter. 13. Every standing committee shall present to -the Council at its last regular meeting in the civic year, or at any special meeting called for such purpose, a written report of the various matters re- ferred. to it, and of the work and.business done and the expenditure made by it during such year. 14. Every standing committee shall have and exercise general supervision and control of the several departments, sen-ices and matters under its charge, or.referred to it by the Council and of all persons and property, employed and used for the purpose thereof. and shall examine and report on all accounts in connection thereu ith. 15. The Committee on Finance shall: (a) Prepare and submit to the Council the annual estimates of receipts and expenditures. (b) Certify to the correctness of all bills against the Town before the payment thereof; [.1 s] (c) Regulate all matters in connection with the receipt and pay- ment of money; and = ;: (d) Consider and report on all matters relating to assessment. •16. The committee.on streets shall (a) Have -the care and supervision of the streets and all real property belonging to the Town; and (b) Direct and control the Superintendent of Streets. .17. The Committee on Police and Licenses shall: (a) Direct and control the police; (b) Have charge and control of the lockup 'and (c) Determine all matters concerning licenses within the control of the Council, .including all regulations and conditions in connection therewith, and,fixing the fee therefor when not fixed by any by-law or otherwise. 18. The Committee on the Poor and Insane shall:— (a) Have charge and care of the Poor, with power, subject to the approval of the Council, to make contracts with any person or cor- poration for their care and support,and _ - (b) Have in charge all matters relating to the insane; 19. The Committee on the Fire Department shall: (a) Have a general supervision over the apparatus of such department and the supplies necessary therefor; and (b) Have the care of the fire alarm system. 20. The Council may by resolution divide, amalgamate or vary the duties herein appointed for any committee. 21. Any ratepayer of the Town may make any complaint to or fay any grievance before any standing committee as to any service of the Town of which such committee has the care or control; and the chairman of such committee shall bring the matter before the next regular meeting of the Council with a statement of the facts, and shall report what has been done by the committee in reference thereto. NO. 7—OFFICERS GENERALLY i._ Any person may be appointed to more. than one office, the duties of which are not inconsistent with each other. 2. (1) Every officer of the Town shall, before entering upon the duties of his office,take and subscribe the following oath of office. "I, A. B.,do swear that I will truly and faithfully to the best- of my knowledge and ability, execute the office of - to which I have been appointed in the Town of Louisburg, so long as I shall hold the said office on re-appointment or otherwise. So Help Me God. . (Sgd.) A. B. [16] , (2) Upon re-appointment to any office, such oath shall not be necessary. (3) Every.such officer shall take and subscribe such oath within one week of his being notified of his appointment. , (4) A memorandum of the fact of such oath having been taken shall be made by the clerk in the book wherein is recorded such appoint- ment. 3. Every officer appointed by the -Council, ..unless otherwise provided by any statute or by-law, who engages in any business or occupation which the Council by resolution has declared to be in- compatible with the satisfactory performance of his duties as an officer of the Town, shall be liable to be suspended or dismissed from his office. 4. Every Officer shall receive such remuneration as is determined _by the resolution of the Council. 5. Every -officer dismissed by the Council, unless removed because of failure to perform any of the duties of his office shall receive remuneration pro rata for the time served. 6. If any officer resigns his office or is dismissed because of failure to perform any of the duties thereof, he shall not be entitled as of right to a pro rata remuneration, but the Council may determine by a reso- lution the amount to be paid to him. NO. 8—=TOWN CLERK AND TREASURER 1. (1) The Clerk shall, before entering upon his duties, and during his continuance.in office, furnish and keep in force security to the satisfaction of the Council for the faithful performance of his duties in the amount of one thousand dollars, or such additional amount as the Council from time to time requires. (2) The Council may, by resolution, direct`where and how such security shall be kept for safety. 2. The Clerk shall in addition to all other duties required of him by law, perform the following duties: - (a) Clerk of the Police Office. _ (b) Attend the meeting of any committee when required. (c) Attend to all correspondence appertaining to his office or required by the Council or any committee; (d) Issue all licenses on behalf of the Town; (e) Give all notices on behalf of the Town, or required on behalf of the Council or any committee; (f) Receive all moneys paid to the Town, and give and take receipts for all moneys received and paid by him; [17] (g) Each day, other than a bank holiday, deposit in such chartered bank as the Council determines, to the credit of the Town, all moneys received by him on account of the Town; (h) Pay out moneys as the Council by resolution directs, by cheque signed by himself and countersigned by the mayor: (i) Keep all accounts of the Town in such books and in such a way as is directed by the committee on finance and do as to show con- veniently,distinctly and separately the income from all sources and the expenditure for each service. (j) During the first week in January of each year submit to the auditor or auditors all accounts of the moneys received and dis- bursed by the Town during the previous year; and (k) Perform all other duties that are prescribed by "The Towns Incorporation act,"or these by-laws, that are from time to time required of him by the Council. 3. He shall attend at his office for the transaction of public business :)n such days and during such hours as the Council from time to 'time by resolution determines. _ NO. 9—TOWN SOLICITOR 1. The Town Solicitor shall in addition to all other duties pre- ;cribed by law, perform the following duties: (a) Give legal advice and assistance to the mayor and; :ouncillors of the Town or the Town officials in the performance of the 3uties of their respective offices; (b) Attend all meetings of the Council and of any committee when required so to do; (c) Draft and revise all legal documents required by theTown; (d) Act as solicitor and counsel for the Town in all actions n which the Town is a party, or which are conducted on behalf of or 3n the part of the Town; (e) Take charge of and manage all the legal business connect- A with the affairs of the Town; (f) Attend before any committee or the Legislature on behalf )f the Town when the Council so directs. NO. 10-=ANNUAL APPOINTMENTS 1.' Every annual appointment shall be made by open voting of the Council. 2. If the Council does not complete the appointment of all the ,fficers on the day fixed for that purpose, it may do so at any adjourned r subsequent meeting. 3. The Council may discontinue or omit the appointment of any ffficer appearing to it not necessary to be re-appointed. [181 NO. 11-SUPERINTENDENT OF STREETS 1. The Superintendent of Streets=shall perform such duties in respect to the streets as are prescribed by "The Town's Incorporation Act" or by these by-laws, or as directed by the committee on streets. 2. He shall enforce observance of every by-law in respect to the streets, and shall forthwith report every violation thereof to the chair- man_ of the committee on streets. A. He mav, subject to the control of the committee on streets hire laborers and teams for work on the streets,and shall keep accounts thereof and report thereon as directed by such committee. NO. 12—PUBLIC PROPERTY 1. Every person who defaces, injures or destroys a building, bridge, tree, bench or other seat, or other property of or under the control of the town, or who digs up or removes any of the soil or stones on any property of or under control of the town, shall be liable to a penalty not exceeding twenty dollars, and in default of payment to inprisonment for a period not exceeding thirty days. STREETS MAINTENANCE AND CARE OF STREETS (In this by-law the expression "committee". means Committee on Streets.) 1. Whenever anv sidewalk has been broken or otherwise injured in consequence of the erection of any building, or any repairs to a building, the superintendent of streets may serve notice in writing upon the owner of the building requiring him to repair such injury within forty-eight hours from service of the notice: and if the owner, fails to make such repairs within such time, the superintendent mav cause the same to be done at the expense of the owner and the cost thereof may be recovered by the Town by action. 2. No person shall dump, unload, deposit or move anv coal or heavy article upon any concrete or asphalt sidewalk unless such side- walk has been first protected by boards not less than once inch thick, and placed close together over the surface where such coal or heavy article is to be deposited. 3. Every occupier of any premises shall keep the sidewalk and gutter in front of the same free from dirt and.nuisance of every des- cription. 4.. No person shall distribute any hand bills or other papers by scattering the same on any streets. 1191 5. No person shall cart or transport in any way, on any street, any sand, earth, dirt, manure, hay, straw, rubbish or any loose fluid or semi-fluid in such a manner that any portion of the seam may be spilled or scattered on the street. 6. No person shall draw on any street any timber or other heavy article in such a way that the same or any part thereof drags on the street. 7. Every gate opening on any street shall be so constructed as not to swing outwards across such streets. 8. No person shall use any barbed wire for a fence along any street. 9. No owner of any building or premises shall permit water to be discharged or to escape or percolate therefrom otherwise than by a properly constructed drain or conduit discharging into a public sewer or into the gutter of the street 10_ No person shall slake, riddle, mix with sand or otherwise prepare lime on any street except by permission in writing from the superintendent of streets. It. No person shall, on any street raise or hoist any goods into any door or window or any upper story, or lower or throw down any goods from such door or window. 12. No person shall throw any shingles, boards, slates, sand, gravel, tar or other material whatsoever from any roof or scaffolding, upon any street, but the same shall be lowered in chutes or by tackle in such manner as not to affect the safety and convenience of the public. 13. No person shall on any street specified by the Council wash any window or sprinkle any sidewalk with water after eight .o'clock in the morning, and no occupier of any house or building on such street shall permit the same to be done. 14. No person shall construct across any drain, gutter or water- course on'any street a bridge of any description without having first obtained a permit in writing therefor from the superintendent of streets, specifying the nature of the bridge-and other terms and conditions on which the same may be constructed. A permit to construct any such bridge may be refused in any case in which a curb and gutter have been placed in front of the premises intended to be reached by the bridge, and any bridge at any time constructed may be directed by the super- intendent to be removed when a curb and gutter have been so placed. 15. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to maintenance and care of street shall be liable to a penalty not exceeding twenty dollars and in default of payment; to imprisonment for a period not exceeding thirty days. [20] SEWERS 16. No person shall: (a) Injure or remove any portion of any ca.tchpit receiving basin, covering flag, Man-hole, vent, shaft, grating or any other part of any sewer or drain, or (b) Obstruct the flow of water in any sewer or drain or permit any substance to flow into any sewer or drain which forms a despoit therein,or has a tendency to obstruct the same,or discharge any stream into anv sewer. (c) Every person who contravenes or fails to comply with this section shall be liable to a penalty not exceeding twenty dollars and in default of payment, to imprisonment for a period not exceeding thirty days. 17. Every person to whom any permit is granted to make any opening or excavation in anv street, shall first deposit with the clerk the sum of five dollars, the receipt for which shall be delivered to the superintendent .of streets before-the permit is issued. Such deposit shall be retained as a guarantee that the applicant will properly perform and complete the work for which the.permit is granted and keep the surface of the street where such work is done in good condition, to the satisfaction of the superintendent of streets, for two months from the date of the permit. If the superintendent of streets is of the opinion that the work is not being properly performed or the surface of the street not kept in good condition, he may,without notice to the applicant per- form such work in respect to the street as he considers necessary and the cost of anv work so done by the superintendent of streets shall be de- ducted by him from the amount deposited and the balance (if anv) re- turned to the owner at the end of two months. If the cost of such work exceeds the amount deposited, the balance may be recovered from the applicant by the Town by action. 18. The superintendent of streets may issue for a case of emer- gency permit which shall permit excavation to be made on such con- ditions as-the superintendent of streets specifies in the permit. 19. Every excavation under a sidewalk shall, after one week's notice to that effect given by the superintendent of streets be closed and. filled up.by the owner or occupier of the .premises abutting on such sidewalk, and if not so closed and filled up within ten days after such notice may be closed and filled tip by the superintendent at the expense of the owner or occupier. 20. Every person obtaining a permit.to make any excavation or opening in or near any street shall at night sufficiently and continuously light the same.bv a fence or barrier at least three feet in height. and sufficient to protect the public from injury. [2!1 21. No person shall make any permanent excavation under the surface of any street, the movable covering of which extends further into the street than to a line three feet from the street line,-and then only by permission in writing from the committee and on such conditions as are specified in the permit; provided, however, that coal hole tops may be located near the curb and that transparent coverings used for purposes of lighting only, permanently secured may extend five feet from the street line. 22. No person shall build or place any movable trap or door in any street for the purpose of entrance to a cellar or other premises without first obtaining the permission of the committee. 23. No person shall make any opening in any street for the purpose of a,coal hole or other receptable for light or air or for entrance to any building.or other purpose whatever without a permit from the committee upon the terms set out, and such permit shall be exhibited on request of any police officer or to am•other person authorized by the superintendent of streets in writing, to demand inspection of the permit. 24. The committee mav, upon the application of anx- person construct any coal hole, grating or other aperture. in any sidekt-alk. in such manner and of such material as it deems suitable anti the colt thereof shall be paid by the applicant. 25. No person shall place or maintain a grating in any streer unless the location, plan and material thereof have been approved by the committee. 26. No person shall maintain any entrance to any property- by steps descending immediately from or near to a street, unless the same is securely guarded. 27. (1) Every owner or occupier of any building having con- nected therewith any_ aperture in any street shalt keep such aperture securely covered or guarded in such manner and with such material as the superintendent directs, and every such cover or guard shall be constantly kept on a level with the sidewalk and in good repair, and every such aperture shall be kept closed except when in immediate use, and such use shall be only in the day time, and such aperture when open - shall be in charge of some competent person to warn passers by (2) If anv such owner or occupier fails to keep any such aperture securely guarded and ingood repair, and level with the sidewalk, the committee may, at its option, close the said aperture, or may put the same in good condition and repair, and the cost of so doing ma-,,-v be recovered from him by the Town by action, and in addition thereto, he shall be liable to a penalty as hereinafter provided. 28. Every person who contravenes or fails to comply with anv of the foregoing provisions in respect to openings in streets shall be liable to a penalty not exceeding twenty dollars and in default of pay- ment, to imprisonment for a period not exceeding ten days. 1221 OBTSRUCTIONS ON STREETS 29. Except as by "The Towns' Incorporation Act," or by this by-law otherwise provided, no person shall place or cause to be placed, any encumbrance upon any street whereby the public are prevented from the free and uninterrupted use of the same. 30. The Committee may temporarily close any street, or part thereof, while any work is being done thereon, or.when it is advisable for other reasons to close the same, and may, for that purpose, erect bars or other impediments to traffic. 31. Whenever the committee puts tip any bars or fences to close any street for.any purposes no person shall interfere with the same, or travel or attempt to travel. or drive any vehicle along the streets so closed, without permission of the superintendent of streets and every .person who so travels or attempts to travel or drives any vehicle, shall be liable to'a penalty as hereinafter provided. 32. Except as is hereinafter otherwise provided, no person shall place on any street, any step, porch, bay window, balcony fence, railing or other structure which in any way encroaches on such street, and any such structure so placed, shall be removed by the owner of the property, to which the same is attached within ten days after notice to that effect from the superintendent of streets„and on failure to make such removal the superintendent of streets shall remove the same. and the cost of removal may be recovered from such owner by the town by action, and in addition, the owner shall be liable to a penalty as here- inafter provided. 33. Any person may, bypermission of the committee, place on any street materials for buildings and erect an enclosure to protect the same, and may continue. such enclosure for such period as the com- mittee directs. Every person placing such material or erecting such enclosure without such permission or otherwise than as herein directed or continuing the same for a longer period than herein prescribed or after being directed to remove the same, shall be liable to a penalty as hereinafter provided. 34. Every person receiving a permit to occupy a part of a street for. building purposes or for repairing any building or making any excavation or for any other purpose, shall provide a safe and con- venient passage around, under and over the obstruction so placed and shall be responsible for any injury sustained by.any person in conse- quence of his neglect so to do and shall at any.time, when requested by the superintendent of streets exhibit his permit to make such ob- struction or excavation. [33] 35. Any person may, by permission of the committee erect a scaffolding for repairing any building or other purpose connected with any building. Such permission shall be in writing and shall specify . the terms and conditions on which such scaffolding maybe erected and the period for which it may be continued. Every person who erects any scaffolding without having first obtained suchpermission or other- whise than is herein directed or continues the same for a longer period than is therein prescribed or continues the same for a, longer period -than is therein prescribed, or after being directed to remove the same shall be liable to a penalty as hereinafter provided. 36. No person shall place or maintain any sign post or sign which extends over any street, without having first obtained permission of the committee, andsuch permission may be given on such terms and con- ditions as the committee determines. 37. No person shall place or maintain any awning which extends over any street, unless a plan of the same is first submitted to and approved by the committee and the committee may at any time revoke such permission.. No such awning shall be less then.seven feet- from its lower edge above the street. If the owner or occupier of any premises upon which any such awning has been placed without per- mission and approval fails to remove the same, after fourteen days' notice from the committee, the committee may cause the same to be removed. Any person placing such- awning without permission or failing to remove the same when so directed or obstructing any civic officials removing the same or any projecting signpost or sign, shall be liable to a penalty hereinafter provided. 38. No person shall place upon any street for sale or show any goods, wares or merchandise or any sign-board or advertising board. 39. No person shall place or suspend or expose from any building any goods, wares or merchandise so that the same extend from the wall of such building more than six inches towards or into any street. 40. No person shall place on any street any article or permit the same to remain thereon so as to obstruct the free passage of such street For a longer period than is necessary to remove the same to or from any building or premises fronting on such street. 41. Firewood may be sawn within one-half the space between the sidewalk and the centre of the street. The wood shall be removed is fast as it is sawn, and the sawdust removed without delay. 42. Every person who contravenes or fails to comply with any A the foregoing provisions in respect to obstructions on streets shall x liable to a penalty not exceeding twenty dollars and-in default of )ayment, to imprisonment for a period not exceeding ten days. 124] MOVING BUILDINGS 43. (1) -No person shall move any building upon or over a public street without the permission of the committee on streets or the town council,and the payment of such sum for the privilege as the committee on streets or the town council determines. (2) Every person who violates the provisions of this section shall be liable fo a penalty not exceeding twenty dollars and in default of payment to imprisonment for a term not exceeding ten days. 44. If any building for the removal of.which a permit has been granted, remains upon any street for any day beyond the period mentioned in the permit, or an extension thereof, the owner or other person engaged in removing the same shall be.deemed to have removed the same without a permit and be guilty of an offence against this by-law. HORSES, CATTLE, SHEEP AND VEHICLES 45. The driver or other person in charge of any vehicle,convex ing goods or merchandise.,or other material through any street,shall remain on such vehicle while it is in motion, or walk beside the horse or other animal drawing the same. 46. No person driving any vehicle or riding upon any horse,shall so drive or ride at a'gailop or other immoderate speed and every person so driving or riding shall slacken his speed when approaching any crossing for passengers upon which any person is crossing. 47. No person shall permit his horse or other animal, whether attached to a vehicle or not, to run at large or stand in any street with- out being sufficiently secured to prevent its running away. 48. No person shall ride, drive, lead or back anv horse or other animal in any vehicle, or wheel any hand-cart, wheel-barrow or other vehicle over or along any sidewalk, except when crossing the sidewalk to enter any premises. 49. No person shall break in or train any horse on any street or shall exhibit any stallion on any street, or shall let any stallion to any mare in any street, or within-six hundred yards of any dwelling house. 50. No person shall permit his horse or other animal, or any vehicle to stand or remain upon any street for a longer time than is necessary for the owner or other person using the same to transact his business at the premises opposite which such horse or vehicle is so standing or remaining, and not under any circumstances longer than one-half hour, and no person shall tie his horse or other animal in or across any sidewalk or crossing so as to obstruct the public,or shall leave any vehicle standing opposite the door or gateway of premises belonging to any person other than the person with whom the owner of the vehicle [25] has business; and no person shall in any way obstruct the free and un- interrupted use of any street or sidewalk or crossing or any approach to a wharf by stopping any horse or other animal or any vehicle across such street crossing or approach or in any other way. 51. No person shall place any vehicle unattached to a horse or other- animal upon any street, and no owner of a vehicle shall permit the same to be so placed. 52. No person shall fasten any team across any sidewalk nor allow the same to stand upon any street crossing. 53. No person shall permit his team to remain on any street .without a driver or other person in charge unless the same is securely fastened. 54. Ever}' team left unattended upon any street shall be in line with, and.close to the edge of the sidewalk; obstructing the street as little as possible, and the horse so fastened as to prevent him placing his feet upon the sidewalk. bag.55. No person shall feed any horse on any street except by a nose . 56. No person shall drive any cattle or sheep in any street unless the same are voked or led by halter or rope by some person having control over the same, or unless a sufficient number of persons are in charge of such rattle or sheep to prevent their straying upon the street. 57. No person shall fasten any horse or other beast to any tree on any street. 58. No vehicle on runners shall be driven within any part of the Town unless there are attached-to the harness of each horse, or other animal drawing the same, or to such vehicle one large open bell or four good round bells. 59. No vehicle shall stop or stand nearer then eighteen inches to the centre of the street. 60. Every carriage driven at night on any street shall have a lighted lantern. 61. No vehicle shall be cleaned or washed on anv street. 62. No vehicle shall stop or stand on any street directly opposite to or in front of any building or place opening on such street in which persons are about to congregate, or have congregated for any purpose of devotion, public or private business, information amusement, recreat- ion or other lawful object. Every vehicle requiring to stand near such place, or to approach thereto in such manner as is prescribed by the person for the time being having the control of such building or place, or by any police on duty there. 63. -No person shall permit any bull to serve any cow, in any street or within six hundred (600) yards of any dwelling house, in the Town of Louisburg. (26] 64. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to horses, cattle, sheep and vehicles shall be liable to a penalty not exceeding ten dollars, and in default of payment to imprisonment for a period not exceeding five days. 65. In this part of this by-law the expression "Bicycles" in- cludes Tricycle." 66. Upon approaching any crossing or overtaking any vehicle, horse, foot passenger or bicycle, the rider of the bicycle shall sound the bell or gong so as to give a reasonable.warning of his approach. 67. No person shall throw, put or place on any street ani-thing that will injure any bicycle. 68. No bicycle shall be ridden at an immoderate rate of _peed or in a reckless and dangerous manner. 69. Bicycles shall not be ridden two abreast. 70. Every person who contravenes or fails to comply with any of the foregoin- provisions in respect to bicycles shall be liable_to a penalty not exeeding five.dollars, and in-default of payment to im prisonment for a period not exceeding two days. NO. 15—BUILDING; REGULATIONS I. No person shall erect any building or make any addition to any building in any part of the town, without first submitting the plans and specifications thereof in duplicate, including a statement of the materials of which it is proposed to constrict such building, together with a de- claration of the purpose for which the building is intended to be usea, to and receiving the approval of an inspector appointed by the council for that purpose, or, if no such inpsector be appointed, to and receiving the approval of the committee as is appointed in that behalf by the Council. 2. Such approval shall be endorsed upon one copy of the plans and specifications and filed with the clerk._ NO. 16—POLICE 1. The police off=ice shall be in the Town Hall, or such other place as the council by resolution appoints for the purpose. 2. The Chief of Police shall:— (a) Be responsible for the peace, quiet and good order of the Town, and bn all occasions aid in the preservation thereof and in the observance of all laws. (b) Have upder his direction and control the other police officers and such extra and special constables as are from time to time appointed. (c) When the proper performance of his other duties will permit, render such assistance to the clerk in the delivery of notices and other [27Y . documents and in the collection of taxes requires. or otherwise as the clerk (d) 'When the-proper performance of his other duties will permits report at the town office each day (Sunday excepted) at the hours of ten and twelve o'clock in the forenoon and two and four o'clock in the afternoon. 3. The Chief of Police shall each day enter in a book to be kept for such purpose in the police office: (a) The hours of commencing and leaving duty. (b) The duties performed during the day. (c) All complaints made to him, and (d) Any suggestion that he considers of service in the public interest. 4. The Committee on police-and licenses may, subject to the approval of the Council, from .time to time, make amend or repeal rules for the regulations of the chief of police, police officers and extra and special constables. NO. 17—THE LOCK-UP 1. The Council shall continue to maintainthe lockup house at Present established in the town, or such other lockup house in lieu necessary, from time to time appoint a keeper thereof. 2. The Keeper of the lockup shall: (a) Keep the cells in such lockup comfortable and in a sanitary condition. (b) Provide at the expense'of the Town meals for the prisoners in the lockup and: (c) Assist the police officer when he arrives prisoner. at the lockup with a 3. The committee on police -and licenses may, subject to the approval of the council, from time to time, make, amend or repeal rules for the regulations of the keeper of the lockup. NO. 18—PREVENTION OF DISORDER OR IMPROPRIETY. I. No person shall on any street or in any doorway, window or any other opening leading into any street, or in any other public place within the hearing of the public; (a) Use any profane, lewd or lascivious language; (b) Be guilty of any obscene, lewd or lascivious behaviours; (c) Openly challenge anyone to fight. (d) Use to any person any insulting or abusive language, taunting epithets or threatening gesture calculated to,-..provide a breach of the peace. (e) Shout or make any unusual noise or disturbance calculated to disturb_ the inhabitants. _ f f) Obstruct any person in fits house or shop or when engaged in any lawful occupation; or - 3. -No person shall knock or pound on any door or any house or ring any door bell for the purpose of annoying inmates of the house. 4. No person shall on any street beat any drum or blow any horn or trumpet or other musical instrument or clang any tambourine cymbal or triangle or shout or sing after having been requested by an; Police officer to desist from so doing on account of the illness of any inmate of any house in the vicinity or other reasonable cause. 5. No person shall knowingly and unlawfully meeddle or inter- fere with any grave; tomb or vault in any cemetery or burying ground in which the dead are interred or pluck or take away any flowers of any kind growing or placed upon or-around any such grave, tomb or vault. 6. Every person who fails without lawful excuse to withdraw from any private house or dwelling in which he is not a dweller or has a right to dwell, after being requested to so withdraw by the inmate thereof, or who remains in the said dwelling after being so requested shall be libale to a penalty under the provisions of this by law; provided that this section shall not apply to the case of anyone so failing or.re- maining under a fair and reasonable claim or right so to do. 7. .No person shall wantonly deface, break or destroy any part of any fence or gate enclosing or partly enclosing any house lot of land or other.place whatsoever, public or private. 8. No person shall wantonly unhinge, take away or hide any gate from its place in connection with any house,building or premises. 9. No person shall set, urge or encourage dogs to fight on any street 10. No person shall perform roap-walking or other gymnastic -or athletic feat or assist at the same in any street. 11. No person shall play football, baseball or other game or pasttime or throw stones or snowballs on any street. 12. No person shall wantonly and unnecessarily annoy any other person by throwing stones, filth, garbage, or other matter of any kind on any premises or into or against any building occupied by such other person. 13. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to prevention of disorder or im- propriety shall be liable to a penalty not exceeding twenty dollars, and in default of payment, to imprisonment for a period not exceeding ten .days. [29] _ NO. 19—PUBLIC SAFETY STORAGE AND USE OF INFLAMMABLE SUBSTANCES AND FLUIDS. 1. No person shall at any time have in anyplace or building more than five barrels of coal oil, petroleum,kerosene oil or other inflammable oil;or more than one barrel of any crude oil, naptha, benzoline,gasoline, benzine or other combustible fluid unless such place or building is more than one hundred feet from any other building; provided, however, that the council. may by resolution reduce such distance in respect to any such other building owned by such person and which is more than one hundred feet- from any building not owned by such person. 2. Crude oil, naptha, benzoline, gasoline, benzine and anv other combustible fluid shall be kept in metal vessels. 3. No person shall at any time have in any place or building more than ten empty coal oil barrels or other barrels which have con- tained illumunating oil. 4. No explosive or inflammable substance or combustible fluid shall be kept under a stairway or in any other place so as to obstruct or render egress dangerous in case of fire. S. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to storage or use of inflammable substance and fluids shall be .liable to a penalty not exceeding forty dollars, and in default of payment, to imprisonment not exceeding twenty days. FIREARiMS AND FIREWORKS 6. No person shall wantonly and unnecessarily discharge any firearms without having first obtained a-license therefor. Such license shall be issued on the recommendation of the committee on police and licenses,and may be granted to any person or number of persons collect- ively or to any company or club and shall be for such time and upon such terms, and conditions as the committee directs. The committee may at any time cancel this license. 7. No person shall store or keep for sale any fireworks without having first obtained permission by resolution of the council, setting forth the terms and conditions thereof,and which permission the council may at any time revoke. 8. No person shall set off any fire-cracker, rocket, squib or other- fireworks or set anv fire in any street, without having first obtained the written permission therefor of the mayor, which permission shall state the time for which it shall be in force and the terms and conditions on which it is granted. 9. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to fire-arms and fire-works shall be liable to a penalty not exceeding ten dollars and in default of payment to imprisonment not exceeding twenty days. 1301 PREVENTION OF FIRES 10. A list of the members and of the officers of the fire company shall be filed during the first week in every January with the clerk. 11. No person shall enter or be in any building where straw, hay, shavings, or any explosive or combustible substance or fluids are kept with a light not in a closed lantern or other unguarded light, or with a lighted cigar,cigarette or pipe,or light any match or other light therein. 12. No person shall have at any time in any dwelling.house or in any yard any loose hay, straw, shavings or materials by which a fire could easily start or spread. 13. No person shall place or keep-any wood or coal ashes in any . wooden box or receptacle or within three feet of any wood work in or about any building. 14. No person shall place or keep or unslacked lime in contact with any woodwork in or about any building. 15. No person shall set on fire or burn in the open air any wood trees, brush, straw shavings or rubbish .without there being some com- petent person in charge of the same to prevent its spreading or doing damage. 16. No person shall use any stove or furnace, without having a space of at-least fifteen inches between such stove or furnace and anv wood-work unless the wood-work is properly protected by a screen of good bright tin plated and with a tin plate,and within an air space of at least one inch between the tin plate and the wood work. 17. No person shall use any stove on a wooden floor unless the floor thereunder is wholly covered with a metal plate or plates pro- jecting at least twelve inches in front of the door of such stove in at least seven inches beyond the side and back thereof. 18. No stove or furnace pipe shall pass through any floor unless the opening through which it passes is furnished with a properly venti- lated thimble or metal or stone or other Aon-cumbustible material from the upper surface of the floor to and over the ceiling below. 19. No stove or furnace pipe shall pass through the roof, door, window or sides of any building. All stove and furnace pipes shall be properly secured and fitted and carried into brick or stone chimnevs. 20. No stove or furnace pipe shall pass through any wooden partition unless there is left in a clear space of four inches between the pipe and wood-work or unless the wood-work is properly secured and protected by metal. 21. No stove or furnace pipe shall pass through any lath or plaster partition unless theopening through which it passes is provided with an asbestos, tile or tin thimble with at least four inches clear space from the pipe to the wood-work, or build in.with at. least four.inches of brick and mortar. [311 22. No pipe-hole in any chimney shall-remain open, and when not in use shall be closed with a metal stopper, and such stopper shall not be covered with paper or other combustible material. 23. Every chimney shall be built of stone or brick laid in mortar- and not less than four inches thick, unless lined with the piping and shall be built from the ground. . 24. . No floor joists shall be placed within one inch from the outer surface of the.chimney. _ 25. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to prevention of fires shall be liable to a penalty not exceeding forty dollars,and in default of payment to imprisonment for a period not exceeding twenty days. NO. 20—LICENSES GENERAL PROVISIONS 1. Every license mentioned in this by-law shall be granted on the recommendation of the committee on police and licenses (herein- after called the committee), shall be issued and signed by the Clerks- -and shall be in force until the thirty-first day of December next suceed- ing the day on which the same is issued. 2. Every fee therefor shall be payable before any license is issued. 3. Every license shall state the date when the same expires and the occupation or privilege authorized or granted and any terms or conditions imposed by the committee. 4. Any license may at any time for any contravention of or failure to comply with the conditions of the same,and whether a penalty has been imposed for such contravention or failure or not,be revoked by the committee. The fact-that the license is liable to such revocation shall be stated in the license. NON-RATEPAYERS COMMENCING BUSINESS 5. No person shall occupy premises within the Town of Louisburg and commence the sale therein of any goods, wares or merchandise at any time after the first day of January, in any year except these (a) Who during the year immediately preceeding such date have been assessed by the Town assessors for property real or personal within the Town, or (b) Who have within the said period paid Town rates in respect to property in the Town, unless before so commencing to sell or trade he shall have paid to the Town Clerk, the sum of Twenty Dollars. 6. Any person who violates any provisions of this by-law shall for each offence forfeit a penalty, not exceeding one hundred dollars and in default of payment shall be liable to imprisonment for a term not exceeding fifty days. f321 PETTY TRADES 7. (1) No person who is not a resident rate-payer of the Town and assessed in respect to property within the Town shall without first procuring a license from the Town; (a) Do business in the town as.a hawker, pedler, petty chapman or other petty tradesman, or (b) Go from door to door within the Town offering to sell any goods,.wares or merchandise or solicit subscriptions for newspapers, magazines or any other publications without having first taken out a license therefor. Nothing in this section shall apply to: (a) Any person offering to sell to any person doing business in the town, goods intended to be resold by such person in his business. ' (b) Any person offering for sale the products of the farm, the forest or the sea, provided that these goods are the products of their own labor, and owned by them. 8. Every license to carry on any_petty trade shall specify the particular trade which the license is authorized to carry on. 9. No license shall be issued to any person proposing to carry on such petty trade with a horse and wagon or other vehicle until such horse, vehicle and harness have been inspected and approved by the committee, or by some person appointed by them in their behalf and a certificate of such approval produced to the clerk. 10. A record shall be kept by the clerk of every license so granted, with the number.of each one, which number shall be inserted in the license. rl. No licensee or any person in his employ, shall cry his wares to the disturbance of the public. 12. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to petty trades shall in addition to the amount of the license fee, be liable to a penalty not exceediug ten dollars and in default of payment to imprisonment for a period not exceeding five days. 13. The fee payable for every licensee to exercise the trade or calling of a pedler or hawker or trader of goods within the town, or to hawk, peddle.or trade goods, wares or merchandise shall be the sum of Fifty Dollars. AUCTIONEERS 14. (1) No person shall carry on business within the Town as an auctioneer or sell any property, real or personal, by auction without having first taken out a license therefor. (33] lz1 . t he fee for such license shall be the sum of Ten Dollars. (3) No person except the person named in the license shall be authorized thereby to sell or cry goods at auction: (4) Every person who carries on business,. as an auctioneer or seller sells or attempts to sell any property real or personal at auction without having first taken out such license shall, in addition to the amount of the license fee, be liable to a penalty not exceeding twenty dollars, and in default of payment.to imprisonment for a exceeding ten days. period not (5) Nothing in this section shall apply to (a) Any sheriff, bailiff, or other officer of the law selling under legal process or (b) .To any person selling at any social or benevolent entertain- ment. TRUCKS 15. No person shall ply for hire with any truck without having first obtained a license therefor. The fee payable for each such license shall be one dollar for residents and two dollars for non-residents and for motor trucks two dollars for resi residents. dents and four dollars for non- 16. No license shall be granted in respect to any vehicle until the same has.been inspected and approved by the committee or some person on their behalf. 17. Every licensed.truck shall be kept in good repair and condition to the satisfaction.of the.committee or some person on their behalf. 18. No horse shall be driven in any licensed truck which, in the opinion of the committee, is unsuitable for the work to be done by it, or which is not kept in a-fit and proper condition to the satisfaction of the committee or some person on their behalf. 19. No person under the age of twelve years shall be permitted to drive any truck: 20. . The holder of the license for anv truck shall be responsible for the good conduct of any person employed by him as a driver for the observance by him of the provisions of this part of this by-law. 21. Every box-cart used as a truck shall be capable of holding one-half ton of coal without the same being heaped up, or in any risk of any coal falling out. 22. No portable front or side-board shall be used on any truck unless the same is so fastened when in place as to prevent it from moving- or rattling. 23. Every. licensed trackman shall keep theinitial letter of his Christian name and full surname and the number of his license painted [341 --- -•�•.. .....� aav a, a oa 111-11 v11c a11u a nan_xncnes nigh on both sides of "his.truck. 24. The committee may from time to time-appoint places in the town to be stands for trucks and may from time to time discontinue or change the same and appoint other places as such stands. 25. The committee may appoint a stand for each licensed truck, and may from time to time change the same, and the truck shall stand. or ply for hire at the place appointed for it, and it and no other. 26. . The berthe upon each stand may be numbered and the first truck to go upon the stand in the morning shall take berth.No. 1 and the second No. 2, and so on, and upon truck leaving the berth all the trucks below it shall move up. .27. If any licensed truckman, unless prevented by sickness or other unavoidable cause to the satisfaction of the committee, fails to occupy his stand for one month, he shall forfeit his right thereto. and the same may be reassigned;but a fresh stand may be alloted to him by the committee. 28. No licensed truckman, when his truck is on a stand, shall refuse or neglect to employ the same within the Town for any citizen offering him such employment, without a reasonable excuse. 29. No licensed truckman shall refuse or neglect to immediately obey any call to employ his truck when on its stand for any purpose of the town or other public purpose,when such call is made upon him, by the mayor any councillor, the chief of police or any other officer without a reasonable excuse. 30. Every licensed truckman or his driver shall load.or unload his truck or assist in so doing so far as he is capable. 31. No truckman or driver using a horse drawn vehicle shall drive at a rate.faster than a slow trot. 32. The fares to be charged by any licensed truckman shall be determined by the committee. A card having printed on it such fares shall be furnished by the clerk to every licensed truckman, and the truckman or driver,shall, on request, exhibit the same to any person employing him. 33. Any licensed truckman who receives or demands a fare greater thanis specified by the committee shall be guilty of a violation of this part of this by-law. 34. Every person who.contraveries or fails to comply with any of the foregoing provisions in respect to trucks shall be liable to a penalty not exceeding Ten Dollars and in default of payment to imprisonment for a period not exceeding Five days; and in the case of any such con- travention or failure to comply by any holder of a truck license the committee may punish such offender by cancellation or suspension of the license, or by a fine not exceeding five dollars. [J51 HACKS 35. In this part of this by-law the expression "Lack" includes every vehicle of any description whatever, for the conveyance of Passengers for hire, other than a tram car, and the expression "hack- man means the driver of such hack. 36. No person shall drive for hire any passenger to or from any railway station or to or from any wharf at which any steamboat lands ppassengers, or be at any such railway station or wharf seeking em- loyment with a hack, without having first taken out a license for that purpose, to be known as a "hackman's license." 37.' The fee for hackman's license shall be one dollar for one horse each additional horse, one dollar per.year; for one automobile, twenty, dollars, each additional automobile five dollars. 38. Before any cush license is granted the committee shall in- spect the vehicle proposed to be used as a hack by the applicant, and the horse and harness, if any, and a license shall not be granted if the same are not satisfactory to the comrimittee. 39. Every hack and every horse and harness used therewith shall be kept clean and in good condition to the satisfaction.of the committee and may be inspected by the committee at any time, and the committe may cancel or suspend the license if the same are not kept in good condition. 40. No person other than the licensed owner thereof shall be driver or be placed incharge of any hack unless licensed as a driver_ A driver's license may be issued by the committee on payment of one dollar, but no such license shall be issued to any. person under the age of eighteen years or to any person in the judgment of the committee not a fit and proper person to be a driver. 41. The committee may assign to each licensed hack a number which shall be entered in the license. A register of.such numbers, with the names of the holders of the same, shall be kept by the clerk, and may be inspected by any person. 42. Any licensee whose license is cancelled or not renewed or suspended, shall within one week after such cancellation, non-renewal or suspension, deliver up his badge to the clerk. 43. The driver of any licensed hack shall not make use of any abusive or insulting language or at any railway station, steamboat,, wharf or other public place conduct himself in a noisy or disorderly manner. 44. The driver of any licensed hack shallwhen employed there- with be neatly and cleanly attired. 45. The fares to be -charged to any licensed hackman shall be determined by the Council. A card having printed on it such fares shall be furnished by the clerk to every licensed hackman and. shall be.placed and kept in a conspicuous place on his hack. [36] 46. Every licensed hackman who takes or demands a fare greater than specified by the Council shall be guilty of an offence against this by-law. 47. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to hacks, shall be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding ten days. 48. No hackman shall drive for hire any passenger nor take any stand for hire without first taking out a license. No person shall take up a stand other than the stand defined by the Town Council. JUNK DEALERS 49. No person shall do business as a dealer in junk, second hand marine stores, rags or bones thereinafter referred to as a junk dealer) without having first taken out a license therefor. 50. The fee.for every such license shall be the sum of Twenty Dollars. 51. Every licensed junk dealer shall do business at some place within the town, and the place at which he proposes to do business shall be specified in the license. 52. A separate license shall be required for every place at which any person proposes to do business as a junk dealer. 53. No person licensed to do business as a junk dealer shall re- move his place of business from the place designated in his license without having first obtained the permission of the committee and such change shall be. endorsed upon his license by the clerk. 54. The name of the licensee shall be paintedin legible characters on the door of every place in which any person does business as a junk dealer, and on both sides ofevery vessel, boat or vehicle used in con- nection with his business,.with the words "licensed junk dealer"added thereto. 55. No junk dealer shall purchase any article inthe way of his business at any place other than the place designated in his license except in the case of a sale by public auction or at some place at which the public are invited by advertisement or otherwise to attend for the purpose of making such purchase. 56. No junk dealer shall purchase in the way of his business any article whatever from any person whomsoever between the hours of six o'clock in the afternoon and seven o'clock in the forenoon. 57. Every junk dealer shall on demand by the chief of police or any police officer exhibit to him any article on his premises. 58. All rags, old rope and other combustible or inflammable material in any place of business of a junk dealer shall be kept isolated. [371 and apart from other articles and every precaution taken to prevent the risk of fire in the same. 59. Every junk dealer shall keep in each place in which he does business a book in the form following, that is to say;:-- In which shall be fairly written of the time of the purchase of any article in the way of business an accurate account and description of the article so purchased, and including any distinct- ive mark thereon, the price paid therefor and the precise time- of making such purchase, and name, residence and description of the person from whom such purchase was made, and such book shall at all times be open to the inspection of the chief of police or any police officer. 60. Immediately after the sale of.anv article by any junk.dealer he shall make an entry in such book, opposite to the entries therein of the purchase of such article, showing the name, residence and des- cription of the person to whom the same was sold and the price and date of sale. 61. Every junk dealer shall make out and deliver to the chief of _ police every day before the hour of twelve o'clock noon, a legible and correct copy of the entries in the book hereinbefore mentioned, showing the entries therein of articles and things purchased during the twenty- four hours immediately preceding ten o'clock in the forenoon of that day. If the report is made in the day following a public holiday it shall cover the whole period subsequent to ten o'clock of the forenoon on the day on which the last report was made. 62. Every person who wilfully makes any false entry in the books so required to be kept or in any statement so furnished to the chief of police shall be deemed guilty of a violation of this part of this by-lay. 63. Eyery person licensed to do business as a dunk dealer shall at the time of receiving his license enter into abond to the town,with two sufficient sureties in the sum of One Hundred Dollars conditioned for the faithful observance by the license of the .provisions of this part of this by-law in respect to junk dealers. 64.. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to junk dealers shall be liable to a penalty not exceeding fifty dollars and in default of payment to im- prisonment for a period not exceeding thirty days, and for a second conviction for any such offence (not necessarily the same) shall forfeit his license and shall not be granted a renewal for one year thereafter. CHIMNEY SWEEPS 65. The Town Council may license chimney sweepers. The Fee for such license shall be. five dollars. [38] 66. Every licensed chimney sweep shall keep a book and shall nter therein the names of the persons whose chimney he sweeps and the date of sweeping. 67. Proper precautions shall in every case be taken to prevent injury to the premises from soot,and the sweep shall remove all soot from the premises in which he has been employed. 68. Every licensed chimnev sweep who receives or demands payment of any higher rate for chimney sweeping than is set out in his license shall be guilty of a violation of this part of this by-law. 69. If any chimnev, flue, or stove pipe takes fire, the occupant of the building in which such fire occurs shall be liable to a penalty unless it appears that the chimnev or flue had been properly swept within twelve months before such fire, or in case of a stove pipe, that proper care had been taken to prevent fire and that it was an unavoid- able accident. In the.case of the occupant being a monthly or weekly tenant, the owner of the building shall be liable to the penalty. .If any such fire occurs within sixty days after the chimnev or flue was swept by a licensed-sweep, he shall)be.liable to a penalty,unless it appears that the fire was not occasiofied by insufficient sweeping. 70. Every person who contravenes or fails to comply with any of the foregoing provisions in respectto chimnev sweeps shall be liable to a penalty not exceeding five dollars and in default of payment to imprisonment for a period not exceeding ten days. ADVERTISING IN PUBLIC PLACES 71. In this part of this by-law: (a)- The expression "Bill Poster," means every person who posts by pasting, tacking, painting or otherwise, or who distributes any bill, poster, picture or any other advertising matter or device whatsoever advertising any article of goods,or any public meeting or entertainment. But does not include any sign painter, painting any sign for a shop., office or building, or any sheriff, or other officer of the law posting any notice by law required to be posted by him: (b) The expression "Bill or Placard" means any such advertising matter, whether-painted, printed or otherwise; (c) The expression ' bill board" means any board, sign, fence, building, frame or construction of wood, metals or other material erected, maintained, or used for the display of such bills or placards, the subject matter of which does not relate to the property on which said bill board is placed. 72. No person shall do business as a bill.poster without having first taken out a license therefor. 73. The fee for every such licenes shall be five dollars. [391 74. No bill board shall be erected or maintained within the Town without permission therefor of the committee, and without the consent in writing of the owners and residents within two hundred feet of the Proposed location of such bill board. 75. Every board shall: .(a) Be constructed and maintained in a safe and substantial manner to the satisfaction of the committee, and (b) At all times be kept in a neat and clean condition.. 76. No bill board shall exceed two hundred and fifty square feet: 77. No bill board shall be erected on any public park, square, play-ground, or on any property of any government, municipality or of the Town. 78. No bill board shall be placed upon the roof. of any building unless such bill board is constructed wholiv of metal and securely fast- ened to such building. 79. Every illuminated bill board, sign or transparency shall•be made of non-combdstible material, and all wiring and apparatus in connection therewith shall be subject to the approval of the committee. 80. Every bill board which, in the opinion of the committee, is in any way dangerous or unsafe, or so placed as to obstruct the approach to or the egress from any building,or so as to be an obstruction in any.other way to the public, may be removed by any police officer. 81. No person shall post any bill or placard upon any fire alarm box, post, fence, wall, tree, hydrant, building, curb, sidewalk, or other property of the town or upon any other building fence, post or other structure unless the same isthe property of the person so posting or permission to post thereon has been given to the owner thereof. 82. No person shall post any bill or placard containing any picture or reading matter of an obscent or immoral character, or depicting the commission of a crime, and any such bill or placard may be torn down or removed by any police officer. 83. Every person who contravenes or fails to comply with any of the foregoing provisions in respect to advertising in public places shall be liable to a penalty not exceeding twenty dollars and in default of payment,to imprisonment for a period not exceeding ten days. 84. Every day that any violation.of any of the foregoing provis- ions in respect to advertising in public places continues shall constitute a fresh offence. [401 NO. 21—DOGS 1. In this by-law: (a) The expression "Dog" includes "Bitch." (b) The expression "Owner",includes every person who possesses or harbors a dog. 2. Every owner of a dog which is-three months old or upwards shall, on or before the first day of May, in each year, register such dog with the clerk. 3. Every person becoming the owner of any dog three months old or upwards, between the first day of May and the first day of Nov- ember in any year, shall register such dog with the clerk. 4. The fee for registration shall be for a dog $2.00, and a bitch $5.00. .5. The clerk shall keep a register of all dogs registered, showing the date and number of registration, the description of the dog, and the name and address of the owner. 6. The clerk shall supply each registered owner with a-metal tag for each dog registered, with the number of the registration stamped thereon,and the owner of every registered dog shall keep on such dog a collar with the tag attached thereto. 7. No person shall remove or allow anrperson with his kno«leiige and consent to remove any such tag from any dog or shall affix to the collar of any dog any tag which has not been issued by the clerk, or which has not been issued for the dog to whose collar it is attached. 8. No person shall allow any dog, being his property to run at large in the town unaccompanied by some person in charge thereof. 9. The council may establish a pound for dogs and appoint a .keeper thereof and fix his remuneration. 10. Any dog not registered and any dog, found running at large, unaccompanied by any person in charge thereof, and any dog not wear- ing a collar and tag as hereinbefore provided may be captured by the police or by any person appointed by the mayor in that behalf, and placed in the pound so established. 11. The keeper of the dog pound shall receive all the dogs de- livered to him and detain the same and furnish them with food and water. 12. The owner of any dog impounded may, upon proving his ownership thereof and the payment to the clerk of the registration fee, if the dog is not registered, and a fine of two dollars, redeem the same from the pound. 13. Any dog which has not been so redeemed for the period of seventy two hours may be sold by the keeper of the pound for the best price obtainable. 14. Any moneys realized by the sale of'dogs and all fines paid [411 in respect to any dog impounded shall be applied in ,defraying the expenses of maintaining the pound. 15. Any dog which cannot be sold may be killed by the pound keeper in such manner as the .council directs. 16. No owner of a bulldog or mastiff shall permit the same to go upon any street unless securely muzzled. 17. No owner of a bitch shall permit her to run at large in the town while she is in heat. (1) If any dog: (a) Without provocation or other excuse bites or attacks any person, or (b) Persistently annoys the riders or drivers of horses or bicycles by running at horses or bicycles, or (c). Is otherwise fierce and dangerous a complaint may be made to the clerk, who shall issue a summons to the owner of the dog, calling upon him to appear in the police court and show cause why such dog should not be destroyed or sent out of town,-- which summons shall be served upon the owner not less than two clear days before the day fixed for the hearing. (2) On proof of such service the Stipendiary Magistrate may inquire into the matter, and if satisfied that such attack was made without provocation,or that the dog annoys the riders or drivers of horses or bicycles, or is otherwise fierce and dangerous as the case may be, may order that the dog shall be sent out of town or destroyed within a time to be specified in the order, not less than twenty-four hours. (3) If any dog or bitch shall unprovoked bite any person or destroy any clothing or apparel, the owner, keeper,.harborer, or posses- sor shall forfeit and pay a penalty not exceeding twenty dollars, and in default of payment thereof shall be imprisoned in the common jail for a period not exceeding ten days and also such dog or bitch shallforth- with be destroyed under a warrant issued under the hand and seal of the Stipendiary Magistrate directed to any constable or policeman of the town ordering in such warrant the destruction of such dog or bitch: NO. 22—IMPOUNDING ANIMALS 1. In this by-law: (a) The expression "Animal" means any horse, ass, mule, bull, ox, cow, sheep, goat or pig, and (b) The expression "fowl" means any hen,turkey, goose or duck. 2. The council may establish one or more pounds for the con- finement of animals and fowls lawfully impounded and appoint keeper therefor, and determine.the remuneration to be paid such keepers. 3. (a) No person, whether owner or keeper,-shall allow any animal or fowl to wander on any street, public or private property in the Town without some person being in immediate charge thereof. (b) Every person who contravenes or fails to comply with this by-law shall be liable to a penalty not exceeding ten dollars and in default of payment to imprisonment for a period not exceeding twenty days. 4. Any such animal or fowl, may go upon any street only for the purpose of being taken along the same from one place to another and not for the purpose of pasturing or wandering thereon; and an person in charge thereof who does not use his best endeavors to drive such ani- mal or fowl from one such place to such other place; but permits the same to pasture or wander upon the street, shall be deemed to have committed a violation of this by-law; and such animal or fowl mai- be impounded and dealt with as hereinafter provided. S. Any such animal or fowl as aforesaid found at large upon any street or private or public property may be impounded in one of the pounds established by the council. _ 6. It shall be the duty of every police officer to impound any such animal or fowl, but any person may do so. 7. The keeper of any pound shall receive any animal or fowl brought to him to be impounded and detain the same and supply it with foot} and water. 8. So soori as any animal or fowl, has been impounded the keeper of the pound in which it has been placed shall post up in three public and conspicious places in the Town a notice signed by him containuig a general description of the animal or fowl and stating that the same will be sold by him at public auction at a time and place therein named unless before such sale, the penalty if any incurred by the owner, and the fees and the expenses authorized by this by-law to be exacted and any damages adjusted under the provisions of any statute in that behalf, are paid or otherwise satisfactorily arranged. 9. (1) If the name and address of the owners of the animal or fowl are known to the keeper of the pound, such sale'shall take place on.the third day after the impounding, otherwise on the fifth day there after. (2) If the name and address of such owner are known to the keeper of the pound he.shall serve him with a copy of such notice at least forty-eight hours before such sale, either by leaving the same at his address or by mailing the same to him, postage prepaid. (3) If such name and address are not known to the keeper of the pound he shall publish a copy of such notice in any newspaper published in the Town, by one insertion at least forty-eight hours before the time of such sale. [43] 10. If.at or before the time appointed for such sale the owner of the animal or fowl has not paid such of the fees,expenses and damages provided by this by-law as have been incurred with respect to such animal or fowl, and any penalty to whch he is liable in respect to the same, or given a bond, to the approval of the keeper of the pound, to respond to any judgment or order made in any proceeding under this by-law in respect to such animal or fowl, then the keeper shall proceed to sell such animal or fowl by public auction to the highest bidder, at the time and place appointed in such notice. 12.- The balance of the-purchase money received at any such sale after deducting all such fees and expenses and damages, and a sum sufficient.to pay any penalty which such owner may have incurred in respect to the animal or fowl sold and the cost of enforcing the same shall be paid by the keeper of the pound to the owner on application therefor. 13. Before any animal or fowl impounded is released there shall, be paid to the keeper of the pound such of the fees and expenses pro- vided by this by-law as have been incurred in respect to such animal or fowl, and also the amount of any penalty to which the owner of such animal or fowl may have rendered himself liable under this by-law, or there shall be given to the keeper, a bond to the approval of the keeper .to respond to any judgment or order that may be given or made in any proceeding under this by-law to enforce such penalty. 14. One half of the amount of all penalties paid under this by-lav and all fees and expenses paid thereunder shall go:to the keeper of the pound to whom they are paid, the other half of such penalties shall be paid by him to the town. 15. The keeper of every pound shall, on or before the thirty first day of December in each year, render an account to the council showing the persons by whom any penalties have been paid during such year and the amounts thereof. 16. Any person who rescues or attempts to rescue any animal or fowl-from a pound or when being taken to a pound shall be guilty of a violation of this by-law. 17. In every case in which a bond is required by this by-late it shall be made to the keeper of the pound;and it shall be the duty of the keeper in his own name to lay any information made necessary by the breach, of any provision of this by-law, and to institute any proceed- ings required because of the breach of the condition of such bond. 18. Any person who contravenes or fails to comply with any of the foregoing provisions in respect to impounding animals shall be liable to a penalty not exceeding ten dollars, and in default of pay- ment, to imprisonment for a period not exceeding twenty days. 19. The following fees and expenses shall be taken by any keeper of a pound under this by-law: : FEES Each notice and 2osting same___-__ _____----- --------_______ $0.10 Unlocking pound and releasing cow__________________-_-____ 1.00 Unlocking pound and ieleasing horse----------------------- 2 pp Unlocking pound and releasing anyone fowl_-______ _ 0.10 For every additional fowl______ _________ _ 0.05 EXPENSES Providing food and water for any animal, other than a pig or goat each day--------------- _ $0.50 Providing food and water for a pig or--g-oat 0.25 Providing food and water for each fowl-------- __.._____ _ 0.10 TOWN MEETINGS 1. The Mayor shall preside as chairman at every meeting of the ratepayers held under the provisions of any statute, and in.his absence the Deputy Mayor shall so act, and in the absence of both, ratepayers present shall appoint one of such ratepayers to be chairman. 2. The Clerk shall act as secretary of every such meeting and in his absence the ratepayers present shall appoint a secretary. 3. Anyone not a ratepayer may be excluded from such meeting. 4. The chairman at the opening of the meeting shall state the time at which the vote will be taken. 5.. So far as applicable the rule or order governing meetings of the council shall apply to every such meeting of the ratepayers except that there shall be no appeal from any ruling of the-chairman. 6. No resolution shall be necessary in respect to the vote, but;h before such vote is taken the secretary shall read the public notice ;calling such meeting. 7. The chairman, if otherwise qualified, shall have the right_ to vote. 8. The Clerk shall provide an alphabetical list, in triplicate, of the ratepayers entitled to vote at such meeting, which list shall have three columns, one containing the names of such ratepayers,one headed "For and one "Against." 9. Two tellers shall be appointed by the chairman before the vote is taken, and each of said tellers shall have one of the said lists. 10. The vote shall be taken as follows.— (a) The Secretary shall call the names of the ratepayers as they appear on the said list, beginning at the first name and thereafter each following name in succession until the last name. is called and no vote shall be taken thereafter. (b) Every ratepayer so called, if present, shall vote by.rising and, in answer to his or her name say "for" or ".against." . (c) Each teller shall check on his list every name so called by the secretary. (d) The secretary and each teller shall record such voting by writing"F"or"A"as the case may be,at the time each vote is given `'under the column "for" or "against." respectively in his list and at the close of such voting shall sum up the result thereof on the said list and forthwith report the same to the chairman. (e) The chairman shall thereafter forthwith announce the result of the vote to the meeting. NO. 24—PENALTIES FOR.IMPROPER USE OF STREETS 1. Every person who within the town desigpedly and unneces- sarily drives any carriage,sleigh, sled,cart or bicycle on a sidewalk or foot path, or leaves standing thereon any carriage,cart,sleigh,sled or horse or rolls or places any heavy articles on the same to the injury or obstruction'of the sidewalk or foot path, shall for every offence be liable to a penalty of not less than one dollar nor more than ten dollars, and in.default_ of payment to imprisonment for a period net ex_ceedira thirty days. 2. (a) All persons who stand, walk, or march in a group or near to each other on any sidewalk,crossing or bridge so as to obstruct_ a free passage for foot passengers or march in procession on any side- walk,shall be liable to a penalty of not more than ten dollars for each person so offending, and in default of payment to imprisonment for a period not exceeding thirty days. (b) Every person who, after request by the mayor or any coun- cillor, policeman or constable, fails to move away and not obstruct such sidewalk,crossing or bridge shall be liable to the like penalty. . 3. (a) All persons who stand in a group or near to each other an any road, street, lane, highway or thoroughfare, so as to obstruct. a free passage for foot passengers,carriages or vehicles, shall be liable to a penalty of not more than ten dollars;for each person so offending, and is defaultcd payment to imprisonment for a period not exceeding- five xceedingfive days. (b) Every person who after request by the mayor or any coun- cillor, policeman, or constable, fails to.move away and not obstruct such road,street, land, highway or thoroughfare, shall be liable to like penalty. 4. Every person, who, (a)._ Plays ball or throws a ball,stone or snowball or other missile likc!y to injure any person or property in.or over any street or public piace: or (b) Throws any substance against any dwelling house or private or public building, or into any private grounds, with intent to injure the same or disturb the inmates thereof;or (c) .Writes or causes to be written or portrayed anv obscene work or figure, or makes any obscene characters or writing upon any fence or buildings or any public place, 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. (1) Every person who courses or coasts upon a sled, sleigh or toboggan in any street,road,lane or thoroughfare,or over any side- walk of-the town, shall be liable to a penalty not exceeding ten dollars for each offence,and in default of payment to imprisonment for a ptriod not exceeding five days. (2) All sleds,sleighs or toboggans found in use coasting contrary to the preceding subsection or about to be so used,shall be seized by any policeman or constable and the same shall be and become forfeited to the town. 6. (1) Every person who rides or drives any horse, team or vehicle in a furious, reckless, violent or disorderly manner, or engages in anyracing of horses in any public street or highway,or in any public place in the town,shall be liable to a penalty of not more than thirty dollars, and in default of payment to imprisonment for a period not exceeding thirty days. (2) Every person found violating this section may on view be' ' forthwith arrested by any police officer,or other town officer,and lodged in the.jail or lock-up until brought before the stipendiary magistrate. NO. 25—RESTAURANTS 1. All restaurants in the Town of Louisburg shall close and re- main closed on each day of the week including Sundays from one o'clock A.bi. to six o'clock A.M.on each such day. Any patrons or customers. who may be in any of said restaurants at the said hour of one o'clock A.M. and who have not completed their meal or meals shall complete the same and vacate the said restaurant or restaurants not later than one:thirty A.M. and no patrons or customers shall be permitted to re- main upon the premises of said restaurant or restaurants after the hours of one-thirty A.M., and no patrons or customers shall be admitted to any restaurant in the Town of Louisburg between the hours of One A.M. and Six A.M. as aforesaid. 2. Anyone who violates any of the provisions of the foregoing by-law shall be liable to a penalty of not more than $50.00 and in . uefault of payment to imprisonment not exceeding thirty days. 3. Proceedings for the above mentioned penalty may be brought against the owner of said restaurant or restaurants or the manager thereof or the person apparently in charge of and exercising control over the said restaurant or restaurants at the time of the alleged offence. NO. 26—LICENSING OF BICYCLES 1. No.person who is a resident of the Town of Louisburg shall operate or drive on the streets or highways of the Town of Louisburg any bicycle for which a license has not been granted by the License Committee of the Town of Louisburg, such license shall be granted upon the payment of the fee of Two Dollars to the Town Clerk of_ the said Town and the license shall be.signed by the Town Clerk. 2. The license shall contain the name and address of the owner of such bicycle, its make and serial number and the date on which it was licensed and shall be good for the period of one year from the first day of January. 3. The Town Clerk may also issue to the owner of every bic}'cle so licensed as above set forth a plate, tag or marker in such form and containing such lettering or words or figures as the license committee may determine and if such plate, tag or marker be so issued, the same shall be carried, attached to the said bicycle so licensed in a prominent position where the same can be clearly visible. 4. If the owner of a bicycle shall during-the continuance of any license granted herein, sell or transfer the same he shall immediately notif-,• the Chief of Police of Louisburg of such transfer. 5. Every person who violates any of the provisions of this by-law shall be liable on summary conviction for such offence to forfeit and pay a sum not exceeding Fve Dollars and in default of payment thereof to imprisonment in the Common Gaol for the County of Cape Breton, for a period not exceeding ten days. . All by-Iaws heretofore made by the Town of Louisburg in.respect to any of the matters dealt with in the foregoing by-laws or which may be inconsistent therewith are hereby repealed. PROVINCE OF NOVA SCOTIA COUNTY OF CAPE BRETON TOWN OF LOUISBURG, N. S. I hereby certify that the foregoing by-laws and ordinances were _ passed at a meeting of the Town Council of the Town of Louisburg, held on Saturday the 29th day of July A.D., 1944. DATED at Louisburg, N.S., this 28th day of September A.D., 1944 D. F. NICHOLSON, Town Clerk of the Town of Louisburg. APPROVED THIS STH DAY OF JANUARY, 1945. J. H. MacQUARRIE Minister of Municipal Affairs. MODEL BUILDING BY-LAW BUILDING CODE ACT BE IT RESOLVED by the Town Council of the Town of Town of : Lou.isbourg� that the following by-law be enacted and that the clerk file a copy in the office of the Minister of- Municipal Affairs pursuant to Section 7 of the Building Code Act, S .N.S. 1986, c. 3. Part 1 - DEFINITIONS All words not defined in this by-law have the same meaning as in the Building Code Act and the Regulations prescribed therein. (a) "architect" means a member or licensee of the Nova .Scotia Association of Architects; (b) "building area" shall mean the area of a building based on the gross exterior dimensions of a building or addition to a building up to two floors above grade plus the area of each and every floor over two floors; ' (c) "construct" means to do anything in the erection, installation, extension, relocation, material alteration or material repair of a building and includes the installation of a factory-made building fabricated or moved from elsewhere; (d) "demolition" means the doing of anything in the removal of a building or any material part thereof; (e) "full bathroom", in the case of a single family dwelling, means a room containing three (3 ) or more plumbing. fixtures; (f) "half bathroom", in the case of a single family dwelling, means a room containing a toilet . ora room containing a toilet and one (1) other plumbing fixture; (g) "occupancy" or. "class of occupancy" means the use or intended use of a building, as defined in the Building Code; (h) "owner" includes a person controlling the property under consideration, and also includesprima facie the assessed owner of the property whose name appears- on the assessment roll prepared in accordance with . the Assessment Act; ( i) "plumbing fixture" means any water supplied appliance connected to a plumbing system; 1 r (j ) "'professional engineer" means a member or licensee of the Association of Professional Engineers of the Province of Nova Scotia. PART 2 - PERMITS 2.1 A building permit, occupancy permit and demolition permit shall be in the .forms set out in Schedule "A", annexed hereto. 2.2 Before a permit is issued, applicants must complete an application form, which shall be as appended in Schedule annexed hereto. 2.2. 1 Every application for a permit shall : (a) identify and describe in detail the work and occupancy to be . covered by the permit for which application is made, (b) prior to issuance of a preliminary permit for a footing for new construction or additions, describe the land on which the work is to be done by the Land Registration and Information Service Property Identification Number of the Lot and: EITHER: (1) subdivision plan number and lot .number; OR: (2) an up-to-date plan of the lot adequate to identify and locate the lot and determine setback lines, building separations, and building locations certified by a Nova Scotia Land Surveyor that the lot has been surveyed in the manner required by the Nova Scotia Land Surveyers Act and the regulations made thereunder . (c) when . a footing or concrete slab , is incorporated in the design of the building prior to issuance of a permit for new construction or additions beyond the footing stage, and before any foundation work is installed, submit a plan showing the location of the building footings on the lot certified by a Nova Scotia land surveyor that the installed footings have been surveyed in relation_ to the lot in the manner required by ,the Nova Scotia Land Surveyors Act and regulations made thereunder. and .showing: 2 ( I ) - the name of the owner of the land; (II ) the location of existing buildings on the lot with the graphical and mathematical locations for all buildings within 6 metres (19 .68 feet) of the boundaries of the property; (III ) the width, location and nature of any easements or rights-of-way affecting the lot; (IV) north point; (V) the scale to which the plan is drawn; (VI ) the names of existing and proposed public streets or highways or private roads shown an the plan; (VII ) the relationship between the proposed building or structure and other buildings on the same property, indicating the distances between the buildings. . (d) include plans and specifications as required by the Building Code and show the occupancy of all parts of the building; (e) state the valuation and area in square metres of the proposed work and be accompanied by the required fee, and (f) . state the names, addresses and telephone numbers of _ the owner, architect, professional engineer or other de"signer and constructor . 2.2. 2 When an application for a permit has not been completed .in . .conformance with the requirements of the by-law within six months after it is filed, the, application shall be deemed to have been abandoned. .2.2.3 A permit is valid .for 12 months from the time of issuance and shall be deemed abandoned if work has not seriously commenced or has been. substantially suspended or discontinued for more than 12 months . 2.3 In addition to the permit requirements of the Regulations a building permit is required for: (a) all accessory. buildings (b) ...installati.on of siding over external walls (c) : all interior and. exterior. repairs and alterations (d) the alteration, replacement, or repair to a plumbing system or a plumbing fixture (e) replacement of an existing roof structure 2.5 Before issuing a building permit, a complete application shall be filed with the authority having jurisdiction. 2.6.1 Before issuing a building permit, the authority having jurisdiction shall be satisfied that a development permit has been issued pursuant to the Land Use By-law of the Town of Louisburg. 2.6.2 Before issuing. a demolition permit, the authority having jurisdiction .shall be satisfied that the building is not subject to the provisions . of a by-law passed pursuant to the Heritage Property Act. 2.6. 3 A permit for a temporary building: (a) shall state the date after which the conditions under which the permit is no longer valid; (b) may be- extended in writing; (c) shall be posted on the building. 2.6. 4 (1) Should a permit be issued for part of a building, the holder of the permit may proceed, but without any assurance that the permit for the entire building will be granted. (2) Any permit issued for part only of a building shall be clearly marked as for part only, and shall also indicate that a permit for the entire building is not assured.to 2.6 . 5 (1) A permit may be issued at the risk of the owner, with conditions to ensure compliance with the. Building Code, to excavate or to construct a portion of a building before all the plans of the project have been submitted or accepted. (2) The permit shall be clearly marked "At Owner 's Risk" . 2.6 .6. (1) A permit. for a whole project may be issued conditional upon the submission of additional information prior to commencing the work for which the information is pertinent, provided . that the information is of such a nature that withholding the permit until . the information was available would delay the work unreasonably. 4 (2) The condition shall be set out on the face of the permit. 2.6.7 The authority having jurisdiction shall be notified and given an opportunity to inspect: (a) the footings prior to placement of the foundation, (b) the foundation before backfilling, and before a superstructure is placed on a foundation, (c) the framing, roof, plumbing and insulatin complete before interior wall coverings are installed, (d) before occupancy. PART 3 _ PERMIT FEES 3.1 Fees for permits shall be as follows rounded to the nearest dollar: Demolition Permit : $25.00 Occupancy Permit: NIL Permit Renewal: $20 .00 Plumbing Work• For All Residential Dwelling Units: $20 .00 per half bathroom plus $30.00 per full bathroom For Buildings Other than Residential Dwelling Units : $10.00 per plumbing fixture . Plus New Construction and Additions: .30 cents per square metre of building area for all sheds, garages, and uninsulated warehouses . .70 cents per square metre of building area for residentialuses, community centres, and _churches . $1.10 per square metre of building area for all other non residential uses . 5 Repairs or Alterations : Repairs to roofs, verandas, decks or interior of non- commercial buildings . - $10 .00 Repairs or alterations to any other building including agricultural, forestry, fishing or multiple family residential structures and a permit to locate or relocate a mobile home or relocate any structure : Under 200 square metres - $30.00 Over 200 square metres - $50.00 3.2 Fees shall be refunded in situations and proportions as follows: (a) application never completed, permit denied, permit revoked or abandoned before work commenced - (Fee Minus $10 .00) X 70% (b) permit revoked or abandoned after work commenced - 0% refund PART 5 - COMING INTO FORCE 5.1 This by-law shall have effect from and after April 1, 1987. THIS IS TO CERTIFY that the by-law of which the foregoing is a true copy was duly passed at a duly called meeting of the Council of the Town of Louisbourg held on the ate' • day of / A.D. 19816. GIVEN under the hand of the Clerk and under the corporate seal of the s i d .., this a L d jy of J, A.D. 1985. / JdLERK 6 SCHEDULE "A" BUILDING AND DEVELOPMENT PERMIT PERMIT NO: MUNICIPALITY: DISTRICT NO: INITIALS: WORK TYPE: LOCATION: USE DESCRIPTION: ISSUED TO: REMARKS: CORRESPONDENT: ZONING AND BUILDING DETAILS ZONING: EXISTING USE: PROPOSED USE: OTHER BLDG ON LOT? USE OF OTHER BLDG: BUILDING DETAILS BUILDING TYPE: NO. ROOMS: BEDROOMS: BATHROOMS: BUILDING AREA (Sq Ft) : LENGTH (Ft) : WIDTH (Ft) : NO. UNITS: MAX. HT ESTIMATED VALUE OF. WORK: LOCATION OF BATHROOM: LOT DETAILS NAME OF APPROVED SUBDIVISION: PLAN NO: LOT NO• LOT AREA (Sq Ft) : FRONTAGE (Ft) : LRISI MINIMUM SET BACK REQUIREMENT OF THE LAND USE BY-LAW FRONT YARD SET BACK: REAR YARD SETBACK: SIDE YARD MINOR: SIDE YARD MAJOR: CORNER LOT?: FLANKING YARD SETBACK: LOT SERVICING DETAILS PUBLIC STREET?: MUNICIPAL SEWER?: MUNICIPAL WATER?: ON SITE SEWAGE?: DEVELOPMENT PERMIT BUILDING PERMIT The person accepting this permit The person accepting this permit shall in every respect, conform to shall in every respect, conform to the Terms of the Application and to the Terms of the Application and to the Provisions of the By-Laws for the Provisions of the By-Laws for the Municipality mentioned above. the Municipality mentioned above. DEVELOPMENT OFFICER DATE, ISSUED BUILDING INSPECTOR DATE ISSUED SCHEDULE "A" OCCUPANCY PERMIT APPLICATION PERMIT NO: ZONING: PROPOSED USE: MUNICIPALITY: DISTRICT NO: WORK TYPE: LOCATION: USE DESCRIPTION: OWNER: CONTRACTOR: DESIGNER: INSPECTION NOTES STAGE 1: DATE: STAGE 2: DATE: STAGE 3: DATE: OCCUPANCY PERMIT This is to certify that this Building has been inspected and meets the Safety and Health Requirements of the Municipal Building By-Law and under the terms of the said Municipal By- Law occupancy is hereby authorized. In the case of mixed occupancies only those occupancies indicated on the Occupancy Certificate are authorized and any change of use will require a new Permit. . Building Inspector Date Issued SCHEDULE "A" DEMOLITION PERMIT RECEIPT AND PERMIT NO: INITS: MUNICIPALITY: APPLICATION DATE: BUILDING ADDRESS: BUILDING TYPE: HEIGHT: NUMBER OF UNITS: REASON FOR DEMOLITION: METHOD: STARTING DATE: ANTICIPATED COMPLETION DATE: DISPOSAL AREA: OWNER: TEL: (RES) (BUS) FEE: REMARKS: CONTRACTOR: TEL: (RES) (BUS) IN CONSIDERATION OF THE ISSUANCE TO ME/US OF A DEMOLITION PERMIT, I/WE AGREE TO CARRY OU ALL WORK IN ACCORDANCE WITH THIS APPLICATION AND FURTHER AGREE TO COMPLY WITH TH CONDITIONS NOTED BELOW. ANY CHANGE IN PLAN CONCERNING THIS WORK SHALL BE REPORTED TO TH BUILDING INSPECTOR. SIGNATURE OF APPLICANT: IT SHOULD BE FURTHER UNDERSTOOD THAT FAILURE TO MEET ANY OF THE AGREED CONDITIONS MA RESULT IN PROSECUTION. APPLICATION: APPROVED/REJECTED BUILDING INSPECTOR SCHEDULE "A" APPLICATION FOR BUILDING DEVELOPMENT PERMIT/OCCUPANCY PERMIT RECEIPT NO: PAID ELSEWHERE?: APPLICATION DATE: MUNICIPALITY: DISTRICT NO: INITIALS: WORK TYPE: LOCATION: USE DESCRIPTION: OWNER: CORRES: TEL: (BUS) TEL: (BUS) (RES) (RES) ZONING AND BUILDING DETAILS ZONING: EXISTING USE: PROPOSED USE: OTHER BUILDING ON LOT?: USE. OF OTHER BUILDING BUILDING DETAILS BUILDING TYPE: NO. ROOMS: BEDROOMS:. BATHROOMS: BUILDING AREA (Sq Ft) : LENGTH (Ft) : WIDTH (Ft): NO. UNITS: ESTIMATED VALUE OF WORK: LOCATION OF BATHROOM: LOT DETAILS NAME OF APPROVED SUBDIVISION: PLAN NO: LOT NO: LOT AREA (Sq Ft) : FRONTAGE (Ft) : LRISI: STATUS OF REQUIRED INFORMATION BUILDING PLAN?: SPECIFICATIONS?: SURVEY PLAN?: SITE PLAN?: LOT SERVICING DETAILS PUBLIC STREET?: PS MUNICIPAL WATER?: MW REMARKS: MUNICIPAL SEWER?: MS ON SITE SEWAGE?: OS WELL TYPE?: WT DATE QUALIFIED PERSON APPLICANT: - PLUMBING FEE: CONTRACTOR: - BUILDING FEE: - DESIGNER: - RECEIVED FROM: THE SUM OF: SIGNATURE OF APPLICANT THIS AGREEMENT made this day of November, A.D. 1986, B E T W E E N• THE MUNICIPALITY OF Hereinafter called "the Municipality" OF THE FIRST PART and THE CAPE BRETON METRO PLANNING COMMISSION Hereinafter called "The Commission" OF THE SECOND PART WHEREAS under Section 5(3) of The Building Code Act, S .N .S . 1986, Chapter 3, the Municipality may enter into an agreement with a regional organization providing for the administration and enforcement of The Bu.ildina Code Act in the Municipality either in total or in respect of specific classes of buildings; AND WHEREAS the Commission is a regional organization assisting Municipalities in the administration and enforcement of- numerous fnumerous municipal by-laws; AND WHEREAS the Municipality and the Commission have. agreed to enter into an agreement under the authority of Section 5( 3) . of The Building Code Act whereby the Municipality shall delegate to the Commission the authority to administer and enforce The Building Code Act for the Municipality; 2 . AND WHEREAS the Municipality duly passed a resolution at a duly called meeting of the Municipality on the ate{`'' day of A.D. 194', whereby the Municipality agreed to enter into this agreement; AND WHEREAS the Commission passed a resolution at a duly called meeting on the day of A.D. 19 , whereby the Commission agreed to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the mutual covenants and undertakings herein contained, the parties hereto covenant and agree with each other as follows : 1. THAT the Municipality hereby assigns and transfers to the Commission any and all authority that the Municipality has to administer and to enforce the provisions of The Buildina Code Act in the Municipality. 2. THAT the Commi.ssion. agrees to accept the authority from the Muni.cipality .to administer and enforce the provisions of The Building Code Act in the Municipality. 4 3 . THAT the Commission shall appoint an inspector or Inspectors to administer and enforce The Hulldinn rode Act in the Municipality. 4 . THAT -the inspectors who are appointed by the commission pursuant to Section 5 of TVP HulldLo Code Act shall have Jurisdiction to administer and enforce in the Municipality all of the provisions of The Building Code Act and any and all amendments thereto. 5. THAT the Secretary of the Commission shall issue a certificate of appointment bearing that person's name or a facsimile thereof to each inspector appointed by the commission who shall produce the certificate of appointment when requested to do so while in the performance of the inspector 's duties . 6 . THAT pursuant to Section 5( 5) of The Puilding Code Act, the Municipality hereby delegates to the Commission the authority to carry on actions to obtain and enforce Ston work orders and orders to uncover in a court of law in the name of the Municipality in which the property , ` f a is located with respect to the enforcement of Thg Bulldino---ode Ac , and in such cases, the approval of the council of the Municipality for each action shall not be required. SIGNED, SEALED AND DFLIVFRFD ) in the presence of ) �-- oe ) PF.R:-a THE CAP BRETON METRO PLANNJNG COMMISSIO MAYOR PER:'. w TOWN CLERK TOWN. OF LOUISBOURG • F L o OFFICE OF THE TOWN CLERK AND TREASURER OJ`58`9 LOUISSOURO, NOYA SCOTIA �o9�gsTEO•f►t'`4o TOWN OF LOUISBOURG BY-LAW BY-LAW RESPECTING DEPSOITS BY CANDIDATES AT AN ELECTION BE IT RESOLVED by the Council of Louiabourg 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. No deposit is required to accompany any nomination paper filed by or on behalf of any candidate in any election held under the Municipal Elections Act. THIS IS TO CERTIFY that the foregoing is a true copy of a by-law passed at a duly called meeting of the Council of the Town of LouiabourA duly held DEP;",RTME"T OF i.'UN 01PAL AFFAIRS on the 28th. day of June, 1979. Recom merda;i fcr GIVEN under the hand of the Clerk and approval of the i'vul�isier under the seal of the Town of Louisbourgo . this 29th. day of June. 1979. APPPOVED th; ....... .Y.. ...day TOWN CLERK Of........ t_( . .0 TOWN OF LOUISBOURG .. ........ ..:!r. ............ 3� - BE IT ORDAINED BY Th TO Mi COUNCIL OF THE T0i1N OF LOUISBURG,NOVA SCOTIA AS FOLLOVIS: 1, No child under the age of fifteen years shall be allowed on any public street,or other public place within the Town of Louisburg after the hour oY nine o'clock in the evening of any day,unless accompanied by an adult in charge of such child 2. Every parent,guardian or person with whom any child under the age of fifteen years may reside who shall allow or permit any such child to be upon any street or other public place rithin the Tovm of Lottiabur on 'anq day after the hour mentioned in the last pre- ceding section and unaccompanied by an adult person rshall be guilty of an offence against this by-law, . .and liable to a penalty of not less then $2.00 and not more than y$20.00 for each and every offence. ' PROVINCE OF NOVA SCOTIA, COUNTY OF CAPE BR:-;TON, TOWN OF LOUISBUR3. I hereby certify that the foregoing Bp-law was passed at a meeting of the Town Council of the Town of Louisburg,held Saturday the 25th day of March;,A.D.1944. PARTMENT OF;.:`i"]ICIPAL AFFAIRS .F.Nic�son, Town Clerk of the Town of Approved I '..,-%,-ommended : approval Louisburg. o;'the M.niste SO.lici.zrr ii.eLs' t.coum' r. APPROVED t,-.1"4 .. � •••• day of...�1�.�""�......1: ....�...... A MU 1CTPAL AITA 1R5 1 `--aESOLVED by the P4unicipal`council of the 4 -" . Town of Louisbourg that the following by-law be enacted and . .that. the clerk forward two copies of it, duly certified and .sealed to the P4inister or Municipal Affairs with a request for his approval thereof. DANGEROUS OR UNSIGHTLY PREMISES BY-LAW (1) Subsections (2), (3), (4) and (5) of Section 204 of Chapter 192 of the Revised Statutes of Nova Scotia, 1967, as that Section is amended by Chapter 54 of the Acts of 1970, shall apply .to the Town of Louisbourg. (2) The Subsections of Section 204 as so amended are outlined in Schedule "A" , which Schedule forms a part of the By-law. SCHEDULE "A" 204 (2) No person shall permit property in the area or areas mentioned in any such by-law, owned or occupied by him, -to be or to .become partly demolished, decayed or deteriorated so as to be in a dangerous, unsightly or unhealthful condition, or shall permit to remain on any part of property in such .area or areas, owned or occupied by him, any ashes, junk cleanings of yards, -bodies or parts of automobiles' or other vehicles or machinery, or other rubbish or refuse, so as to cause such place to be dangerous, unsightly, unhealthful or offensive to all or any part of the public. (3) Should each condition arise or exist, whether it arose before or after the passing of this Actor of the by-law, any standing committee of the council may instruct the clerk to serve notice on the owner or occupier requiring him to remedy the condition and specifying in such notice what is required to be done; such notice may be serviced by being posted in a con- spicuous place upon the property or may be personally served upon the person named .therein. (4) In event of the failure of the person so notified to comply with the requirements of such notice within thirty days 'after service; any person authorized by such committee may enter upon The said property without writ, warrant or other legal process and remedy the condition which the 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 in the name of the municipality in any court of competent jurisdiction, provided that the writ of summons be issued within sixty days after the cost is incurred. (5) After notice has been served under subsection (3) if proceedings are not taken under subsection (4) the owner, occupier or other person who aids, assists, permits or causes a condition referred to in this Section or who fails to comply with the terms of said notice, Li.z.bl� or, _ *t'r-r cenvict_on to a penalty of not less ma c:: jn2 hudoiia-_a an mot'.- h::n Gni: thousand dollars, and in default of payment to imprison- ment for a period of not less than fifteen days nor more than three months, and every day during which such con- dition is not remedied is a separate o?fence. THIS IS..TO CERTIFY that the by-law of which the foregoing is a true copy was duly passed at a duly called meet- ing of the Council of the Town of Louisbourg duly held on the day of ,. , A.D. , 1981. GIVEN under the hand of the Town clerk and under the corporate seal of NO. the the Town of ! this day of % A.D. ,1981. _ �- [.�.F et •ro; H 1 of t►,- :at i?G.yO P.,,�• ':,�—�`D thy•:,. .1g�.L' c� <, �: •.r �:. . . . . . . . . . . TOWN CLERK M \ Town of Louisbourg Dog Bylaw Passed at a Meeting of Town Council held on November 25, 1993 Recommended for approval with amendments. Cathleen O'G a Solicitor The Dog Bylaw which was adopted at a meeting of Town Council held on November 25, 1993, is approved, pursuant to Section 29 of the Municipal Affairs Act, with the following amendments: 1 . Section 10 is approved only for such validity as it may have. 2. Section 18 is not approved. Dated at Halifax, Nova Scotia, thisday of December, 1993. i anndyJolly Minister of Mu J Affairs TOWN OF LOUISBOURG DOG BY-LAW Being a by-law of the Town of Louisbourg respecting dogs. The council of the Town of Louisbourg enacts as follows: . 1. This .by-law may be cited as the Dog By-law. 2 . (a) "at large" means off the premises occupied by the owner and not under control of the owner; (b) "kennel" means any building, structure, compound, group of pens or cagesor property in which or where more than two (2) pure-bred. dogs are kept or raised for the purpose of breeding and selling any dog or dogs so kept and raised; (c) "pure-bred" means dogs registered in the Canada Kennel Register; (d) "Town" means the Town of Louisbourg; (e) "town Clerk" means the Town Clerk of the Town of Louisbourg; (f) "dog" includes any dog of any age, male,. female or neutered; (g) _"Judge" means a Judge of the Provincial Court for the Province of Nova Scotia; (h) "owner" means anyone who owns, possesses. or harbours a dog or dogs and shall include a registered owner under this by-law. 3 . (1) Every owner of a dog shall have a license for each dog. (2) Subject to Subsection (3) , a . license may be obtained for the fee set out in Schedule "A" to this by-law. (3) Where the owner presents a certificate from a veterinary surgeon or veterinarian certifying that the dog is neutered, the cost of the license for that dog shall be reduced by one-half. (4) Where a person becomes the owner of a dog after the 31st day of July in any year, he shall pay one-half the license fee for that year. 2 - (5) All licenses shall expire on December 31st of each year and shall be renewed by March ist of the following year. (6) Licenses may be obtained from the Town Clerk. (7) No fee shall be charged for a license obtained by the owner of a guide dog. 4 . (1) The Town Clerk shall keep a record of all dogs registered showing the date and number of registration and the name and description of the dog with the name and address of the owner, and the town Clerk shall supply each owner with a metal tag .for each dog so registered with the number of the registration and the year of registration stamped thereon. (2) The owner of every dog shall keep on such dog a collar with the tag referred to in Subsection (1) above. 5. Any dog which is in the custody of a Pound Keeper and not wearing a rabies tag shall be inoculated against rabies at the expense of the owner or purchaser before it is released to him unless the owner shows by a Veterinary Certificate that the dog has been vaccinated against rabies within the previous thirty-six (36) months. 6. Every owner of a kennel of pure-bred dogs which are registered in, the Canada Kennel Register shall pay to the town clerk on or before the first day of March in each year an annual fee of $10.00 and be exempt from any further taxes relating to such dogs. 7 . (1) Every owner of a dog which is fierce and dangerous shall keep the said dog confined or securely tied on his property and shall have the dog muzzled when taking it off his property on a leash. (2) Every owner who fails to comply with Subsection (1) shall be guilty of an offence under this by-law. 8. (1) Every owner of a dog which dog: (a) at any time runs at large; (b) at any time without provocation has attacked or injured any person or animal or damaged any property; 3 _ (c) is fierce and dangerous to persons or animals; (d) is not registered in accordance with this by- law . shall be guilty of an offence under this by-law. (2) Any dog which does not have a valid tag on its collar shall be deemed not to be registered under this by-law. g. The owner of any dog which is running at large is guilty of an offence even if the dog is not impounded. 10. If a dog, other than a guide dog, defecates on any public or private property other than the property of its owner, the omission by the owner of the dog to cause such defecation to be . removed immediately shall be an offence. 11. (1) Any dog which is injured, sick or otherwise in need of medical care when apprehended by the Pound .Keeper shall receive basic treatment so that life is not endangered and that pain is reduced consistent with humane principles. (2) costs of treatment provided pursuant to Subsection (1) shall be recovered from the owner before the dog is released to him or from the purchaser if the dog is sold. (3) If the dog is not released to its owner nor sold, and, if the owner is known, the costs as referred to in Subsection (1) of such treatment may be recovered from the owner as a debt. 12 . (1) Any constable, peace officer, or special constable may, without notice to or complaint against the owner of the dog,pursue, seize and deliver to the Pound any dog found outside of any residence or building where he reasonably believes the dog: (a) is running at large; (b) has without provocation attacked or injured any person or animal or damaged property; (c) is fierce and dangerous to persons or animals; (d) is not registered in accordance• with this by- law. 4 - (2) Where any dog has, without provocation., attacked or injured a person, or attacked or injuredanother animal: (a) any constable or peace officer may destroy such dog if he is unable to seize it; and (b) such dog may, after being seized, be destroyed by the Pound Keeper at the Pound or ordered out of the Town by the Pound Keeper, without permitting the owner to claim it and without offering it for sale. 13. A Constable, Peace Officer, Pound Keeper or Assistant Pound Keeper, while pursuing any dog in accordance with this by- law, may pass over the land of any person, but this Section 'shall not be so construed so as to provide immunity against an action for actual damage to the property of any person. 14 . (1) Every employge employed by the Town while on duty, shall have the authority to order the owner of a dog at large to remove the said dog from public property. (2) Every owner who fails to comply with an order under Subsection (1) shall be guilty of an offence under this by-law. 15. The Town may establish and maintain such buildings, yards, enclosures and other facilities for the keeping and disposition of impounded animals as may be necessary and may appoint a Pound Keeper who shall have charge of such facilities together with any necessary assistants. 16. (1) The Town may enter into an agreement in writing with any person or association appointing that person or association Pound Keeper. (2) The Pound Keeper shall be entitled to receive the following fees, which if not recovered from the owner or upon the sale of a dog shall be paid by the Town: (a) for boarding of each dog for each twenty-four hour period or portion thereof - $5. 00; (b) as a commission on the sale of each dog - 20%. 17. The Pound Keeper shall keep all dogs seized and delivered to him pursuant to this by-law and shall furnish them with food and water. 5 18 . (1) The Judge presiding at the Trial of a charge laid against the owner of a dog that has (a) without provocation, attacked or injured a person or animal, or (b) is dangerous to persons or animals, whether the dog was seized and impounded under a warrant pursuant to Section 16 of this by-law, or otherwise, may, in addition to the penalty herein prescribed, order that the dog be destroyed by the Pound Keeper or otherwise dealt with. (2) - No Judge shall order the release of any dog, and no Pound Keeper shall release any dog, to the owner or the purchaser, until such owner or purchaser pays for all fees, costs and expenses of the Pound Keeper while the dog was impounded and kept at the Pound. 19 . Every dog registered for the calendar year in accordance with the by-law in force in the Town on the. date of such registration shall be deemed to be registered in accordance with this by-law. 20 . Every owner of a dog who violates any of the provisions of this by-law by having a dog which at any time without provocation attacks or injures any person or animal, or which is dangerous to persons or animals, shall be liable to a fine of not less than $100. 00 and not more than $500. 00, or in default thereof, to 30 days imprisonment. .. Every owner of a dog who violates any other provision of this by-law shall be liable to a fine which does . not exceed $10. 00. 21 . The Town of Louisbourg By-Law Respecting Dogs passed by Town Council on the 27th of November, 1958 and approved by the Minister of Municipal Affairs on the 19th of January, 1959 , as amended, is hereby repealed. Done and passed in Council this o��'��" day of �LaL"�_ 10_'J' A. D. , 1993 . VICTOR H HAM MAYOR ELAINE MACPHERSON CLERK \user\norma\20852..9jc 6 - THIS IS TO CERTIFY That the foregoing is a true copy of the Bylaw duly passed at a duly called meeting of the Town of Louisbourg duly held on the 25th. day of November, 1993 . Given under the hand of the Clerk and under the seal of the Town of Louisbourg, this 3rd. day of December, 1993. ,- Elaine MacPherson, Town Clerk-Treasurer Town of Louisbourg .SCHEDULE "A" DOG LICENSE FEE. - $10.00 (MALE) $20 .00 .(FEMALE) 5! Town of Louisbourg Emergency Measures Bylaw Adopted at Meeting of Town Council held on April 29, 1993 0EPARTMENT OF MUNICIPAL AFFAIRS ded for rov t the M1193ter ........ APPROVED this..t-• $--�=• day of...,.. ...... ..... . ..:. •- ..,��, n1*W aim • A BY-LAW TO PROVIDE FOR A PROMPT AND COORDINATED RESPONSE C.. TO A STATE OF LOCAL EMERGENCY A MUNICIPAL EMERGENCY MEASURES BY-LAW The Council of TOWN OF LOUISBOURG under the authority vested In it by the Municipal Act, R.S.N.S. 1989, c.295, or the Towns Act,. R.S.N.S. 1989, c_.472 and the Emergency Measures Act, S.N.S. 1990, c.8, s.10, enactsas 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 TOWN OF LOUISBOURG (c) "councillor" means a member of the Council; (d) "Director" means the Director of the Emergency Measures Organization; (e) "emergency" means a present or imminent event in . respect of which the municipality believes prompt co- ordination 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; na,:. - 2 - (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; (i) "Municipal Emergency Measures Advisory Committee" means the advisory committee established pursuant to this by- law; (j) "Municipal Emergency Measures Co-ordinator" 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 the a city, an incorporated town or a municipality of a county or district and in this by-law specifically means TOWN. OF _- T.fITTT�R(ITTR� � (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. 3 - (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 Co-ordinator; and (c) a Municipal Emergency ,Measures Planning Committee. MUNICIPAL EMERGENCY MEASURES ADVISORY COMMITTEE 4 (1) The Municipal Emergency Measures Advisory Committee shall be appointed by Council from 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 CO-ORDINATOR 5 (1) The Municipal Emergency Measures Co-ordinator shall be appointed for such term as the Council deems necessary. (2) The Municipal Emergency Measures Co-ordinator may be paid reasonable expenses for work incurred under this by-law. 1 ( - 4 - (3) The Municipal Emergency Measures. Co-ordi nator shall (a) chair the Municipal Emergency Measures Planning Committee; (b) co-ordinate and prepare municipal emergency measures plans; (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. 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 l prescribe. (2) The Municipal Emergency 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; i 5 - (h) communications; (i) public information; (j) utilities; (k) financial services; and (1) legal services. (4) The Municipal Emergency Measures Planning Committee shall (a) assist the Municipal Emergency Measures Co- ordinator in the preparation and co-ordination 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. l }-. 3- i 6 - 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 Co-ordinator - 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 Co-ordinator 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. DECLARATION 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'nay 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. �;. 7 - 1 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 ti affected. DUTIES DURING A STATE OF LOCAL EMERGENCY 11 Following the issuance of a declaration under Section 9 and for the duration of the state of local emergency (a) every 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 Co- ordinator of their whereabouts, and (ii) fulfil such duties as may be prescribed by the Municipal Emergency Measures Co-ordinator. CERTIFICATE THIS I5 TO CERTIFY that the foregoing is a true copy of a bylaw duly passed at a duly called meeting of the Town of Louisbourg duly held on the 29th. day of April, 1993. GIVEN under the hand of the Clerk and under the seal of .the Town of Louisbourg, this 5th. day of May, 1993 . EMERGENCY MEASURES ORGANIZATIO14 .�✓ "j Recommended for royal o -"-"`-`-`--"` - the fviiriister XElaine MacPherson, Town Clerk-Treasurer ` Town of Louisbourg Direcior Approved this__9 day 19. Minister otEMO (NS) A BY-LAW- TO ESTABLISH THE LOVISBOURG POLICE COMMISSION BE IT ENACTED AND ORDAINEDs by Town Council, Town of Louisbourg, as o ows$ L. (a) The Town Council shall at its first regular meeting in the year 1977 following approval of this by-law, and at its first regular meeting in each year following, appoint four of its members, one of whom shall be the Mayor, together with a person to be appointed by the Attorney General of Nova Scotia, shall be and form the Board of Police Commissioners of the Town of Louisbourg (hereinafter)oallsd "The Board") having all of the powers and duties of such a Board establikhed pursuant to the provisions of Chapter 9. Nova Scotia Statutes of 1974, The Police Act and the Regulations made under the Phiice Aci, as amen e , and as set forth thereunder. (b) Where a vacancy occurs on the Board by reason of the death of a member appointed by the Council, or where such a member is unable to carry on his duties as a member of the Board by reason of illness or absence, the Council shall at its first regular meeting following such event appoint another of its members to be a member of the Board in place or stead of the deceased, ill or absent member. 2. The members of the Board appointed by Council shall some without remuneration. 3. The Board shall, at its first meeting of each year, choose its Chairman and vice-Chairman. 4. (a) Regular public meeting of the Board shall be held at the Council Chambers on the first Monday of each of the months of January, April, July and October of each year, commencing . at 7000 o'olook in the afternoon, or at such other time or place as the Board shall determine, provided that there shall be at least one such public meeting every three months and the date, time and place of the public meetings.shall be advertised. . (b) The Board may meet in camera at any time on 24 hours notice by the Chairman or any two members or at any time with unanimous consent of.all members concerning all matters relating to discipline, personal conduct, contract negotiations and security of police. operation. (a) The Chief of Police or Deputy Chief of Police shall, when- ever practicable, attend all meetings of the Board, whether public or in camera. (d) The Town Clerk or his or her apphintee shall be the secretary to the Board and shall have charge of all accounting procedures to be followed and maintained by the Board. (e) A maJority of the members of the Board shll constitute a quorum. 5. (a) The Board shall, each year, not later than the last day of January, submit to the Council for its consideration and approval, its estimates of all money required for the year to pay the remuneration of the members and staff of the Polios Force and to pay for the accommodation, arms and equipment and other things for the use and mmi.ntenance of the force. (b) The Board shall submit to the Council all proposed union or collective agreements for the Council's approval _of all finan- oial matters contained therein prior to the execution thereof by the Board. A. 2. to) All capital equipment proposed to be purchased by the Board, having all indicated purchase price in excess of $500* shall be submitted to the Council together with the recommendation of the Board for purchase consideration. 6. (a) The Board shall have jurisdiction over all matters relating to the enforcement of all criminal law, federal statutes, provincial statutes and town by-laws and ordinances. (b); The Board shall further have jurisdiction over all matters relating to the enforcement of provincial statutes having local effect and town by-laws and ordinanoes,but the Council shall have the right to request the enforcement of such statutes or by-laws as may be required for the proper administration thereof within the Town. (o) Notwithstanding the foregoing, the function of the Board on behalf of the Council shall primarily relate to the administrative direction, organisation and policy required to maintain an efficient and adequate police force. 7. (a) The officers, assistnats and civilian employees of the Phlice Force, other than the chief, shall be appointed, promoted, suspended, dismissed or reinstated by the Board. (b) The Chief of Police shall be appointed by the Council and following a year's period of probation, may not be suspended, dismissed or otherwise disciplined except with oause, and in such event• he shall have the right to appeal, within fifteen days of such disciplinary action, to the chairman of the Nova Scotia Pince Commission. The Commission shall conduct a hearing therein and may confirm, overrule or modify such action and its decision therein shall be final. (o)The Chief of Police or his Deputy shall be in charge of the management, direction and control of the day to day operation of the police force, including the enforcement of the law and the maintenance of, discipline within the force. (d) The Chief of Police or his Deputy shall give all necessary orders, directions and instructions to the police force and no Board member, except when communication a decision of the Board, shall issue any order, directive or instruction to any member of the.polics force relative to his duties as a member of the force. 8. The Board shall not engage or enter into an employment contract with the person, corporation, partnership or agency wherby municipal police officers or services shall be provided. g. (a) Any complaint respecting a member of the police force shall be considered by the Board only if it is made in writing and signed by .the complainant. (b) Upon the receipt by.the Board of any complaint in writing, it shall be forwarded to the Chief of Police for .investigation and report, unless the Chief of Police is the sub eot of the complaint, in which case it shall be dealt with by the Board. (c) The Chief of Polios, or in the case of a complaint against the Chief of Police, the Board may investigate the conduct of any member of the police force either-of its own motion or in connection with a complaint and the person against whom the complaint is made shall be entitled to be represented by the Council upon being informed of such a complaint and during any investigation and hearing in respect of such complaint. g (d) The procedures used in dealing with complaints, internal discipline, and investigations shall ba in accordance with the Regulations made under the Plica Act. I, D.F. Nicholson, Town Clerk, Torn of Louisbourg, of the County of Cape Breton, Province of Nova Scotia, hereby certify that the foregoing By-Law was duly passed at a regular meeting of'the Town Council of the Torn of Louisbourg, hold at Louisbgurg, on the /-544hdl ' /9 7 7 Dl F. Nicholson, Town-Olork-Treasurer Town of Louisbourg. Approved as amended: Harry A. Porter, Chairman Nova Scotia Police Commission TOWN OF LOUISBOURG HERITAGE PROPERTY BY-LAW Adopted by Louisbourg Town Council on March 1, 1990 Recommended for approval with amendments. Fran Robertson Departmental Solicitor The Heritage Property By-law for the Town of Louisbourg which was adopted at a meeting Louisbourg Town Council held on March 1, 1990, is approved, pursuant to Section 29 of the Municipal Affairs Act, with the following amendments: 1. Section 5, clause (c) is amended by deleting the following "Two (2)" and substituting therefor "Three (3)". 2. Section 5, clause (d) is deleted. 3. Section 13 is deleted and the following substituted therefor: "13(a) The Council may establish guidelines in relation to Town Heritage Property in the Town to which the Heritage Advisory Committee may refer in carrying out its duties as pre- scribed herein. (b) The Executive Director of the Louisbourg District Planning and Development Commission may act in an advisory capacity to the Heritage Advisory Committee." Dated at Halifax, Nova Scotia this(7) da �� ��� , 1990. B oun Minister of Municipal Aff ' RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LOUISBOURG THAT THE FOLLOWING BYLAW BE ENACTED AND THAT THE TOWN CLERK AND TREASURER BE AND HE/SHE IS INSTRUCTED TO FORWARD SAME TO THE MINISTER OF MUNICIPAL AFFAIRS WITH A REQUEST FOR HIS APPROVAL THEREOF: HERITAGE PROPERTY BYLAW 1. This Bylaw shall be known and may be cited as the "Heritage Property Bylaw" . 2 . In this Bylaw: (a) "Act" means the Heritage Property, S.N.S. , 1980, Chapter 8 ; (b) "Alter substantially the exterior of or demolish" includes moving the building in whole or in part; (c) "Building" includes the land and structures appurtenant thereto; (d) "Council" means the Town Council of the Town of Louisbourg; (e) "Clerk" means the yClerk of in his absence, the Deputy Clerk of the Town of Louisbourg; (f) "Town Registry of Heritage Property" means a municipal registry of heritage property within the meaning of the Act, having all powers and duties prescribed by the Act or incidental thereto; (g) "Heritage Advisory Committee" means a Heritage Advisory Committee within the meaning of the Act, having all the- powers and duties prescribed by the : Act or incidental thereto; a ; (h) "Town Heritage Property" means municipal Heritage Property within the meaning of the Act; (i) "Town" means the Town of Louisbourg. 3 . (a) There shall be a Town Registry of Heritage Property for the Town wherein all prescribed documents relating to the registration of heritage property pursuant to the provisions of the Act or this Bylaw shall be filed; (b) The Clerk of the Town shall be responsible for the maintenance of the Town Registry of heritage property and for the safekeeping of all documents filed therein; 2 - 4 . There shall be a Heritage Advisory Committee for the Town; 5. The Heritage Advisory Committee shall be comprised of seven (7) members who shall be appointed by Council annually in accordance with the following criteria: (a) Two (2) members from Council; (b) Two (2) members from the Louisbourg Heritage Society or the Sydney and Louisbourg Railway Society, or one from each society; (c) Two (2) members at large; and (d) The Executive Director of the Louisbourg District Planning and Development Commission. 6. (a) Council may at any time, upon determining that a vacancy or vacancies exist. on the Heritage Advisory Committee, appoint one (1) or more individuals to fill said vacancy or vacancies. Such individual or individuals shall serve for the remainder of the term of the individual or individuals that he or they are specifically appointed to replace; (b) Nothing herein shall prevent Council from reappointing a member of the Heritage Advisory Committee upon the expiry of his term of office. (c) The Town Bylaws as amended from time to time, shall apply mutatis mutandis to the Heritage Advisory Committee with regard to rules governing committees, boards or general procedures. 7. The Heritage Advisory Committee may advise Council respecting: (a) the inclusion of the buildings, streetscapes, and areas in the Town Registry of Heritage Property; (b) an application for permission to alter substantially the exterior of, or demolish a Town Heritage Property; (c) building or other regulations that affect the attainment of the intent and purpose of the Act; (d) any other matters conducive to the effect of carrying out the intent and purpose of the Act. 3 - 8. The Heritage Advisory Committee may recommend to Council that a building, streetscape or area be registered as a Town Heritage Property in the Town Registry or Heritage Property; 9. The Council shall, upon receipt of a recommendation pursuant to Paragraph 8 . hereof, cause to be done all things required of it in conformity with the Act. The Clerk shall serve and file notice of such recommendation in accordance with the Act and in addition to the requirements of the Act, shall file a copy of the notice in the Town Registry of Heritage Property; 10. Notice of a recommendation by the Town Heritage Advisory Committee that a building, streetscape, or area be registered as a Town Heritage Property shall be in Form A; 11. Council shall register a building, streetscape or area As a Town Heritage Property in accordance with the provisions of the Act and the registration shall be in Form B; 12 . Notice of such registration shall be sent to each registered owner of the municipal heritage property by the Clerk in accordance with the provisions of the Act. One (1) copy of the registration shall be deposited in the Registry of Deeds for the County of Cape Breton, and one (1) copy of the registration shall be filed in the Town Registry of Heritage Property. 13 . Council may, from time to time, set out or amend the terms of reference set out in Paragraph 7, hereof, within which the Heritage Advisory Committee shall act. The Council may set out and amend such guidelines for the designation of property as heritage property in conformity with the Act, and the Heritage Advisory Committee may make recommendations in accordance therewith. DATED AT Louisbourg, in the County of Cape Breton, Province of Nova Scotia this 1st day of March, 1990. CERTIFICATE THIS IS TO CERTIFY that the foregoing is a true copy of a bylaw duly passed at a duly called meeting of the Town of Louisbourg duly held on the 1st day of March, 1990. GIVEN under the hand of the Clerk and under the seal of the Town of Louisbourg, this y?W day of March, 1990. C. ELAINE MACPHERSON TOWN CLERK FORM A . NOTICE OF RECOMMENDATION TO REGISTER AS A TOWN HERITAGE PROPERTY TO: You are hereby notified that: 1. The land and building located at (address location, legal description or other identification of property) , has been recommended to be registered in the Town Registry of Heritage Property for the Town of Louisbourg; 2. The reasons for this proposed designation are: (approximate date of erection; type of architecture, typical of an era; part of a streetscape with description of streetscape location; local historical significance; national historical significance) . 3. Section 13 (4) of the Heritage Property Act prohibits any substantial alteration in the appearance of a property described herein for a period of one hundred twenty (120) days from the date and service of this notice, unless the Town Council sooner refuses to register the property. 4 . The effect of recommendation and registration in the Town Heritage Registry described in paragraph 1 is that no demolition or substantial alteration in exterior appearance may be taken from the date of registration unless an application, in writing, for permission is submitted to the Town and the application is granted with or without conditions. Where such application is not approved the owner may make the alterations described in his application or carry out the proposed demolition 2 - at any time after one year but not more than two years from the date of the application.. 5. You are hereby notified that the Council will sit to hear any objections regarding the recommendation of the property described in this notice on the day of , 19 at (time) , at (place) . (This date must be 21 days after service. ) Information and particulars concerning the reasons. for recommendation are available from the office of the Clerk for the Town of Louisbourg weekdays from 8:30 a.m. to 4 :30 p.m. DATED this day of , 19 TOWN CLERK FORM B - (To be filed in the Registry of Deeds for the district in which the property is located in the Town Registry of Heritage Property) NOTICE OF REGISTRATION OF HERITAGE PROPERTY TO: You are hereby notified that: 1.. The land and building located at: (address, local, legal description or other identification of property) has been registered in the Town Registry of Heritage Property by resolution adopted at a meeting of Council the day of , 19 2 . The effect of registration in the Town Registry of Heritage Property 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 Town and the application is granted with or without conditions. Where an application is not approved, the owner may make the alteration described 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 the application. DATED this day of 19 - TOWN CLERK RESOLVED by Town Council of the Town of Louisbourg that the following Resolution be . enacted and that the Town Clerk is instructed to forward same to the Minister of Municipal Affairs with a request for his approval of the Heritage Property By-Law duly passed at a duly called meeting of the Town of Louisbourg on the 1st day of March, 1990, subject to the amendments suggested byway of this Resolution: HERITAGE PROPERTY BY-LAW Article 5(c) of the Heritage Property By-Law is to be amended as follows: (c) Three (3) members at large; Article 5(d) of the Heritage Property By-Law is rescinded. Article 13 of the Heritage Property By-Law is hereby rescinded and replaced as follows: 13 (a) The Council may establish guidelines in relation to Town Heritage Property in the Town to which the Heritage Advisory Committee may refer in carrying out its duties as prescribed herein. (b) The Executive Director of the Louisbourg District Planning and Development Commission may act in an advisory capacity to the Heritage Advisory Committee. DATED at Louisbourg, in the County of Cape Breton, Province of Nova Scotia, this 31st day of May, 1990. CERTIFICATE THIS IS TO CERTIFY that the foregoing is a true copy of the Resolution duly passed at a duly called meeting of the Town of Louisbourg duly held on the 31st day of May, 1990. GIVEN under the hand of the Clerk and under the seal of the Town of . Louisbourg, this �z/�'day of June, 1990. AILNE: ACPHERSONfN CLERK RESOLVED by the Council of the Town of Louisbourg 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 first day of March. 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. THIS IS TO CERTIFY that the fore- going is a true copy of a by-law duly passed at a duly .called meeting of the Council of the Town of Louisbourg duly held on the 25th. day of September, 1980. L.EPf,..'IiWENT OF-MUNICIts/I. AFFAIRS . Recommended for GIVEN under the hand of the Clerk ugproval of tits Mi61stet and under the seal of the Town of Louisbourg, this 20th. day of November, 1980. ••n�OArtpte ntal Sollc It er i .a;_ ;PPROVED rFfs.....,'.......... . .. f.............. tlay� CLERK M"Ster o/ Rill-401 Al61n MUNICIPAL LAND TRANSFER TAX BY-LAW BE IT RESOLVED that the following be adopted as a By-.Law of the Town of Louisbourg when it has received the approval of the Minister of Municipal Affairs and that the Town Clerk forward it to the Minister and request his approval thereof. A BY-LAW RESPECTING THE MUNICIPAL LAND TRANSFER TAX TITLE• . 1. This by-law shall be known as and may be cited as the "Municipal Land Transfer Tax By-Law." APPLICATION• 2. Chapter. 10 of the Statutes of Nova Scotia, 1968, The Municipal Land Transfer Tax Act, as from time to time amended, shall apply to the Town of Louisbourg. EFFECTIVE DATE: 3. The By-Law shall be in effect on the Z•5'"'day of f, , A.D. 104), or from the date of the approval of the Minister of Municipal Affairs, whichever is later. THIS IS TO CERTIFY that this by-law is a true copy of a by-law which was duly passed at a duly called meeting of the Town Council of the Town of Louisbourg, duly held on the $f'— day A.D. 19,9-4. GIVEN under the hand of the. Town Clerk and under the corporate seal of the Town of Louisbourg this 20 =,. day of A.D. 19.�D. TOWN CLERK RESOLVED that the following by—law and the same is hereby passed:— The by-law of the Town of Louisbourg respecting plebiscite passed by the Council on August 25, 1955, and ap— proved by the minister of municipal Affairs on October 21, 1955, is here— by repealed. I certify that the foregoing is a true and correct copy of a by—law passed by the Town Council of the Town of Louisbourg on the .-, '`day of October, 1971, after due notice had been given. ���� i 'v ,o MAYOR y,�►' . . . . . . ..e �: . . . . . .: . . . . . . . . T WN CLERK `.� 41 'A DEPARTMENT Of MUNICIPAL AFFAIAS Recommended for IL eppr4val of the PAI n.ster -6 ��... ..M.. APPROVEDth)s...,. �.:.. .. S ......day. .. Mlnittsi of Munletpel•�Ir� TOWN OF LOUISBOURG POLICE COMMISSION BY-LAW Adopted by Council April 14, 1977 Recommended for approval with amendments DepartmentaE Solicitor The By-law, .establishing a Police Commission for the Town of Louisbourg which was passed at a meeting of the Town Council of the Town of Louisbourg held on April 14, 1977 is approved, pursuant to Section 4 of the Municipal Affairs Act, with the following amendments: 1. Subsection l(a) is amended by inserting in line four immediately after the word "Mayor" the word "who".. 2. Subsection 5(c) is amended in line two by deleting the word "all" and substituting therefore the word "an". 3. . In Section 8, line two the word "the" is .deleted and the word "any" substituted therefore. 4.. In subsection 9(c) , line six the word "Council" is deleted and replaced by the word "counsel". Dated this 112 day of May 1977. Mini r of Munic p 1 Affairs AMEONENT BE IT RESOLVED that Section 6 of the By-Law Humber Nineteen, "Public Safety" of the Town of Louisbourg be and is hereby rescinded, and the following is substituted therefore: No person shall wantonly and unnec ssarily dischar any firearms, nor shall any person�enly carry scharge a BB gun or pellet gun, without having first obtained a license therefor. Such license shall be issued on the recommendation of the committee on police and licenses, and may be granted to any person or number of persons collectively or.to any company or club and shall be for such time and upon such terms, and conditions as the committee directs. The committee may at amy time cancel this license. DATED the 30th. day of November, A.D. 1971• I certify that the foregoing is a true copy of a by-law duly passed at a meeting of Counc for the Town Council of the Town of Louisbourg duly called SM held on November 1971 (liven under my hand and the ounc seal of the bhis day of Nov ber 1971. d son, Town Cler D.EPtkRTIJIENT OF MUNICIPAL AFFAIRS Recomo ethe nleOjinf ter apPr v ........ ......... •.D�' ©v moi) this.. ....day . �►1i . A VN, Dye,'of Ct. - seef� ,. , ,�•MPNelpel A V ' REGULATING AM LICENSING AUTCUATIC &MTD MUSICAL MACIEMS IN THE TOWN OF tDUISBURG, IQ'._ S- BE IT ENACTED BY THE MAYOR AND COUIVIL'OF THE TOWN. OF LOUISBURG AS FOLLOWSt- 1. No person shall in the Town of Louisburg operate, or have in his possession any automatic or musical machine as defined in Section 5, Chapter 39, the Acts of Nova Scotia, 1943, amending the Towns' Incorporation .pct, without first obtaining a license therefor. 2, Such license shall be in such form as the Counoil shall detemine and the Town Council kmm shall have authority to grant or refuse the granting of such license which shall expire on December 31st of each year, 3. Each license shall state clearly the location at which each automatio machine and musical machine is proposed to be operated and such machine shall not be operated in any location other than that stated on such license; provided,:.howeverI that. such machine may be operated at a location other that that set out in the license of such machine if such new location is endorsed on the license issued for such machine by the official who issued such ].joense, end thereafter_, such machine may be operated only in such new location, 4, When any license is issued under this by law, the official issuing the sameshall deliver with the license to the person to whom sunh i license s issued a plate bearing the words, "Licensed Automatic IMohine" and the civic year in which the license was issued together with a number and such person shall before operating the automatic machine for which the license was issued; or permitting the same to be operated, affix or cause to be affixed such plate in a conspicuous place upon such maohine� It shall be a violation of this by law for any. person to affix such plate to any automatic machine or musical machine othef then.. that in repeect of.which the saihe *as. isaued. ,Any person who operates any attematto machine for rbi0b eny plate-has been issued without such plate being affixed to such machine# shall be liable to a penalty, S. The licenseighall contain an Adourate description of the automatic machine or musical machine so Uodhaed with its serial number and other identytfying features and.the particulars of such machine.together with the number of such lioense and the number of the plate issued therewith and the locationmuthorized, shall be entered by the official designated ... to issue. suoh licenser in a registrar kept by him for that purpose. Every change of location of licensed maohines-shall be also entered in such registrar. 6. It shall consttnute a violation of this by law for any person to operate or have in hie possession any automatic machine or musical machine in any location other than that stated in or endorsed upon a license issued in respect ot% such machine. �.: 7, If any parsons operates, or peits to be operated, any machine in respect of which a license has been issued and fails to comply with any of the 'provisions of this by last or if any.such machine is used for any purpose prohibited by law, the chief mf Police may direct that the license .issued in rospeet of such machine shall be forthwith suspended for such period as jhe shall determine, or cancelled, and upon any such directio being given any further use or operation of such machine during the period of such suspension or cancellation shall constitute a violation of this by Law. 8. The License fee to be paid for each automatic machino other than a musical machine shall be qwnrt Fifty Dollars ($50.00) and Twenty Five Dollars (025.00) for each musical machine► 'REBATING AND LICENSING.OF AUTCMATIC AND JMSIM*.L MACHIliIES IN TOWN OF LOU7SWRG, N- 3. 4. No person under. the full. .age of'.__aiztee4 years shall be pemaitted to operate an automatic machine, rith'the exception of a musical. machine, and it shall constitute a violation of .this by law for the owner or licensee' to so permit then. 10. The owner or licensee' of a musical machine shall not permit the scene to be operated between the hours of eleven o'clock in the evening and eight o'olock in the morning of any week day, and shall not permit the setae to be operated at all on any Sunday. The owner of licensee' Of an automatic machine, rrith the exception of a musical machine as stated above, shall not permit the same to be operated between the hours of midnight and eight o'clock in the morning of any week day, and shall not pennit the same to be operated at. all on any Sunday. Il: -Svery person who violates or fails to comply with any provision of this By Lair shall for each offence be liable to a penalty not exceeding Five Hundred Dollars ($500.00) and indefault of pawent to imprisonment fors period not exceeding one year. D. F, Nicholson, Torn Clerk of the Town of Louisburg, Nova Scotia, do hereby certify that the foregoing by law was duly passed ata regular meeting of the Town Council held on the 27th day of October, A. D. 1945. Dated at Louisburg, County of Cape Breton, Province of Nova Scotia, this 3rd day- of Novemberi A.D. 1945. PBPARTMLTT +'T (?f 4I.AFFAIFS �• for �- c n:_ 'y O sra Clerk.- �� ....da •; ` ~•��::cretr.enieipslAffaits ~'Ij y