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Town of North Sydney Bylaws Pre Amalgamation 1995
Town of North Sydney Pre — Amalgamation (1995) Bylaws Town of North Sydney Bylaws Bylaw Page # Advertising— cost of for Notice of Zoning Bylaws 4 Animal Bylaw 6 Building Bylaw 8 Civil Emergency Planning Bylaw 11 Closing Public Streets— Baird St. 15 Maria St. 18 Cottage St. 20 Heakes St. 22 James St. 24 High St. Ext. 27 East St. Victoria St., Cottage St. 30 Johnston St. 37 Malcolm St. 39 Palmerston St. 41 Park St. & Victoria St. 44 Peppett St. 46 Quilty Dr. 48 Wilkie Dr. Purves St. 50 Victoria St. 52 Land Use Bylaw 54 Development Officer 55 Prevention of Disorder& Impropriety Bylaw 56 Dog 60 Closing & Observation of Holidays 63 Garbage & Refuse Removal 66 Gravel Pit Bylaw 72 Installment Billing Bylaw 74 Minimum Standards for Existing Buildings 75 Municipal Land Transfer Tax Bylaw 93 To Establish the North Sydney Police Commission 94 To Establish the Business Improvement Dis Comm 97 Municipal Planning Strategy 101 Pensions 102 North Sydney Fire Department 103 Parking Meters 112 Employee's Pension Plan 117 Plebiscite Bylaw 118 Closing of Shops 122 Subdivision Regulations 123 Taxi Bylaw 136 Bonus Act 146 Tax Exemption for Fire Co, Charitable &Non-Profit 148 Tree Committee Bylaw 149 Town Manager 150 Trade & Licensing 154 Uniform Closing Day 156 Unsightly Premises 160 TOWN OF NORTH SYDNEY NOVA SCOTIA RESOLVED by the Town Council of the Town of North Sydney that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed. to forward same to the Minister of :Municipal Affairs for his approval hereof. By-Law No.- COST OF ADVERTISING THE NOTICE OF ZONING BY-LAW 1. Any Zoning By-Law for the Town of North Sydney proposed to be passed by the Town Council pursuant to Section 36 of Chapter 16 of the Statutes of Nova Scotia, 1969, or any Zoning By-Law to be amended, revised or repealed pursuant to Section 38 of said Act, shall be commenced in accordance with Section 36 (1) of said Act by giving notice of the intention of the Council to pass, amend, revise or repeal such Zoning By-Law by advertise- ment inserted at least once a week for two successive weeks in a newspaper circulating in the area to be affected. 2. Any person who wishes to obtain the amendment or the repeal of a Zoning By-Law shall submit his application in writing to the Clerk. 3. The applicant shall deposit with the Clerk an amount estimated by the Clerk to be sufficient to pay the cost of advertiseing as re- quired by Section 38 of said the Town Planning Act. 4. After the advertising has been completed, the applicant shall pay to the Clerk any additional amount required to defray the cost of the advertising or, if there is a surplus, the Clerk shall re- fund the same to the applicant. FIRST READING. Mairch 25, 1971. SECOND READING: March 25, 1971. THIRD READING: May 27, 1971. I, L. Clinton MacNeil Clerk of the Town of North Sydney do here- by certify that the foregoing is a true copy of a by-law passed at a duly called meeting of the Town Council of the Town of North Sydney duly convened and held on the 27th day of May A.D., 1971. GIVEN under the hand of the Town Clerk and under the corporate seal of the said Town this 3rd day of June A.D., 1971. TOWN CLERK DEPARTMENT OF MUNICIPAL AFFAWS Recommended for approval of the Minister APPROVED th1§::::1:4:x:1.:::: ,ty` 41ruu.1h4.1,%1al � N1u 111111.4 4114$ W BE IT RESOLVED by the Town Council of the Town of North Sydney that the following by-law is hereby enacted, and that the Clerk Animal Bylaw forward two copies of it to the Minister of Municipal Affairs for his approval. 1. That the Revised Ordinances of the Town of North Sydney, 1905, as amended by a by-law duly passed by Town Council on the 5th day of May, 1944, and approved by the Minister of Municipal Affairs on the 3rd day of June, 1944, be further amended by adding the words " roosters, hens, chickens, horses and cows immediately following the word " ducks ". THIS IS TO CERTIFY that the foregoing is a true copy of a by-law given first and second reading at a duly called meeting of the Town Council of the Town of North Sydney duly held on the 17th day of May, 1979, and passed with third reading at a duly called meeting of the Town Council of the Town of North Sydney duly held on the 7th day of June, 1979• GIVEN under the hand of the Clerk and under the seal of the Town of North Sydney, this 15th day June, 1979• . . .. . .. . .. . .. .. fE�i Of wuN1GiPAL h"�IP� CLERK pe.ommended ap,ro,rai of the t inistec 11^•.�•••• DaPertmantS! �oi:�iht . Pte_ .clay t APPROVED this.. f'`' of. ...... •...... •Minister of M falte y IT .O Dr.IN D BY T_.-?: 1'O;a COTN"IL OF THE Y'C..."N O� :IO..T:i (D-` -Y: That the Revised Ordinances of the Town of `forth Sidney, 19C5, be amended by adding thereto the following:- No person shall keep :vlthin the Torin of north Syuney . C-ay Soai.3, pigs, -fors, ^-.knit, i,-eege, turkeys -or ducXs, .except by . of the Licenses Co%imitzea of the To'm Council,• uhi&Q. �3S i7 scall be 1:1 -writing 2.I:C sl ;flea by the '1'Win 013rk and ....Ii S� 'i:ify the ai3ea �:e Town i°hera tile. Said n.als or or any of then, -:;ay oe kept. I :Hereby certify t_ei; the above By-]LaVI es ;Iv-an First reaein.: on A ;rii 21s'4/19kk. 354-.'r a3 ;;17zn Se"Cone reYc'; on La.y 5th/194- V;P yr ;ivaa Third rsacin- on To,-.r. Clerk of : ;,rt^ Sydney, S, ............................ I/:-••.•.:iI:USTE4 OF MVN.r,,;'AL�AFFAIR•S' •••-• - BUILDING BY-LAW OF THE TOWN OF NORTH SYDNEY under Section 93A of the Municipal Act cited as R.S.N.S. , 1967, Chapter 192. 1 . The Council of the Town of North Sydney hereby adopts the "National Building Code of Canada 1980" as issued by the Associate Committee on the National Building Code, National Research Council of Canada., including the Eratta Sheet dated May, 1980. 2. (1 ) The Council also hereby adopts the "Administrative Requirements for Use with the National Building Code 1980" , issued by the Associate Committee on the National Building Code, with the following amendments: a) In Subsection 4.1 of Section 4 and in Subsection 7. 1 of Section 7, the words "and any other employees of the Municipality administer or enforce the building regulations under the direction of the Building Inspector" are added immediately after the words "authority having jurisdiction"; b) In Subsection 7.13 of Section 7, the words "and may recover such expense in like manner as municipal taxes" in- lines 2 and 3 of Clause (a) are deleted; c) Section 11 is deleted; d) Subsection 12. 1 of Section 12 is deleted. (2) The appropriate values for Table 1 of the Administration Requirements for the Town of North Sydney are as follows: TABLE 1 Forming Part of Subsection 10.1 Climatic Data For The National Building Code of Canada 1980 1 . January 2 1/2 percent Design Temperature . . . . . . . . . . . . . -16 2. January 1 percent Design Temperature . . . . . . . . . ... . . . . . . -18 3. July 2 1/2 percent Design Drybulb Temperature . . . . . . . . 27 4. July 2 1/2 percent Design Wetbulb Temperature . . . . . . . . 21 5. Annual Total Degree-days . . . . . . . . . . . . . . . . . . .4410 6. Maximum 1 Day Rain . . . . . . . . . . . . . . . . . . . . . . . . 89 7. Annual Total Precipitation. . . . . . . . . . . . . . . . . . . . . . . . . . . .1270 8. Maximum Snow Load on the Ground . . . . . . . . . . . . . . . . . . . . . .. 2.8 9 Wind Effects: Probability 1/10 . . . . . . . . . . . . . . . . . . .47 Probability 1/30 . . . . . . . . . . . . . . . . . . . . . . .55 Probability 1/100 . . . . . . . . . . . . . . . . . . . . . . .65 10. Seismic Zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 11 . Acceleration Ratio (A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..0.04 2 3. (1) The Council also hereby adopts the Building Standards for the Handicapped, 1980, to be enforced in accordance wit.h the Building Access Act, Chapter 7 of the Acts -of 1976 and as amended by Chapter 69 of the Acts of 1980. (2) The Council also hereby adopts "The Supplement to the National Building Code of Canada 1980", as issued by the Associate Committee on the National Building Code, National Research Council of Canada. 4. The. Council delegates the responsibilities for the enforce- ment of this By-law to a Building Inspector of the Cape Breton Metro Planning Commission in accordance with an agreement dated the llth. day of October, A.D. , 1968, Which delegates such responsibilities to the Commission. 5. (1 ) A person who violates a provision of this By-law or a provision of any code adopted in this By-law is guilty of an offense and for each such offense is liable to a penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1000.00) and in default of payment to imprisonment for a period of not less than fifteen (15) days nor more than three (3) months. (2) Every day during which any such contravention or failure to comply. continues shall be deemed a fresh offense. 6. The fee for a building permit required under this By-law shall be in accordance with the following schedule: a) Residential (new 'or additions) - $5.00 plus .05¢ per sq:ft. of floor area Community Centres $5.00 plus ,05¢ per and Churches - sq. ft. df floor area Non-Residential $5..00 plus . 10t per sq.ft. of floor area , Rep airs & Alterations- $5.0.0 plus $1 .00 per $1.000.00 of estimated value Farm Buildings - $5.00 plus .02t and Garages sq. ft. .of floor area b) All fees are rounded to the nearest dollar. c) Floor area means .the area of a building based on the exterior dimensions plus the total area of each floor in excess of three (3) floors , whether above or belr}o grade. . . ./3 3 7. All other Building By-laws heretofore passed by the Town of North Sydney hereby repealed on the effective date of this By-law. 8. This By-law shall come into effect on the date approved by the Minister of Municipal Affairs. 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 North Sydney held on the 19th day of September A.D. , 1985. GIVEN under the hand of the Town Clerk and under the .corporate seal of the Town of North Sydney on the 4th day of October A.D. , 1985. ANGUS EMING TOWN CLERK DEPARTMENT OF MUNICIPAL AFFAIRS TOWN.OF NORTH SYDNEY Recommended for approval of the Minister S nr.v=rtnr�:ei APPROVED this...... . - day ..... .... r CIVIL EMERGENCY PLANNING A BY-LAW to establish and maintain an Emergency Measures Organization in and for the Town of North Sydney, and to authorize the Town of North Sydney to participate, to the full extent of its capabilities, in the said Organization. WHEREAS the Government of Canada has deemed it necessary to create a branch of government, in the form of an Emergency Measures Organization, to co-ordinate the duties and functions of those government departments and agencies which would have a responsibility in a civil disaster or war emergency; AND WHEREAS the Government of Nova Scotia accordingly has deemed it desirable to co-operate wit,, the Government of Canada in carrying out in respect of Nova Scotia its responsibility for the security, defence, peace, order and welfare of Canada in the event of real or apprehended war, invasion or ins urrection and as a consequence, has established a branch of government known as the Emergency Measures Branch, and is making provision for the continued functioning of civil. government and government services in Nova Scotia in the event of an emergency caused by a real or apprehended war, invasion or insurrection, or by natural causes; AND WHEREAS Chapter 87 of the Revised Statutes of Nova Scotia 1967 provides that municipalities may establish a civil defence organization, and indicates the actions which may be taken by one or more municipalities to furth civil emergency planning; ei AND WHEREAS it is deemed expedient to establish an Emergency Measures Organization as a branch of municipal Sydney; government to serve the Town of North THEREFOR the Council of the Town of North Sydney enacts as follows: 1• An Emergency Measures Organization is hereby established, to be known as North Sydney Emergency Measures Organization. ... 2 - 2 - -2. The Purposes and Objects of the North Sydney Emergency Measures Organization, with the co-operation of the Provincial Emergency Measures Organization, are as follows: a. to plan for the continuity of the physical operation of government of the municipal unit and to establish plans for the co-operation and mutual assistance between municipal governments in the event of a civil disaster or war emergency; b. to co-ordinate the emergency plans of the municipal unit for departments and services having immediate responsibilities in the event of a civil disaster or war emergency, and to prepare plans for public survival ; c. to work closely with other authorities of the municipal unit, neighbouring municipal units and provincial authorities who have been assigned to comparable duties; d. to conduct emergency measures familiarization courses for the training of personnel who have an emergency role; e. to conduct a public self-help education program related to nuclear and other types of warfare and natural emergencies; f. to carry out other similar work within the geographical area encompassed by the municipality. 3. The North Sydney Emergency Measures Organization shall consist of two branches, to be known as: a. The Executive Committee b. The Operations Committee 4. The Executive Committee shall consist of the Mayor and. four (4) members of the council appointed by the Council by resolution at the annual meeting. The council may fill any vacancies of the Executive Committee at its next meeting. . . . 3 - 3 - 5. The Executive Committee shall have the following duties, powers and responsibilities: a. to establish policy for the North Sydney Emergency Measures Organization; b. to recommend to Council , from time to time, by resolution of the committee, the appointment of an Emergency Measures Co-ordinator for the North Sydney Emergency Measures Organization and such other employees as may be required to assist the Emergency Measures Co-ordinator from wherever possible, within the municipal administration; c. subject to the approval of the council to name or assign such persons as it may deem advisable to provide key personnel to perform duties related to continuity of municipal_ government and public survival in the case of an emergency or disaster; d. to submit to the Council for inclusion in its annual estimates, estimates of expenditures for the operation and maintenance of the North Sydney Emergency Measures Organization. 6. The Emergency Measures Co-ordinator shall be Chairman of the Operations Committee and be responsible for: a. the implementation of the policy as formulated by the Executive Committee; b. the fulfillment of the "Purposes and Objects" as more particularly _ set out in Section 2 of this by-law; c. the performance of other related duties as directed by the Executive Committee. 7. (1 ) The Operations Committee shall. consist of the following officers of the municipal unit: Chairman: the Emergency Measures Co-ordinator Members: Fire Chief Chief of Police Medical Health Officer Director of Social Services Director of Assessment for the Region Superintendent of Public Works Clerk Treasurer .. . 4 - 4 - (2) The Operations Committee may appoint one of its members or an employee of the Organization to act as secretary. (3) When a member of the Operations Committee is the employee of a statutory Board or Commission, the consent of such Board or Commission shall be requested, to make the appointment effective. 8. (1) The Operations Committee shall be responsible for co-ordinating or integrating plans for the continued functioning of municipal services which would be required in the event of emergency. (2) The Operations Committee shall , when policy decisions are required, submit the matter to the Executive Committee in the form of recommendations. l r o 7 0 Ld 1, Henry Whalen, Deputy Town Clerk and 1E S >- Treasurer of the Town of North Sydney, do hereby certify that the foregoing is � y < a true and correct copy of a by-law duly passed by the Town.Council of the Town of North Sydney ata duly called DEPARTMENT OF MUNICIPAL AFFAIRS and regularly constituted meeting held on the 23rd day of Agri 1 , 1981 . Recommended for approval of the Minister ��� ���w�p;;tmentm Solicitor•! �1 ` Deputy Town Clerk and Treasurer APPPROVED his..(.::�?S.......... ..da of....... .. .. .�....1.9.•. ...� Minister of Muoicipa•Affairs - - BY-LAW Pursuant to Section 96 of the Towns Act, Chapter 309 of the Revised Statutes 1967 and amendments thereto, that the following By-Law be and the same is hereby enacted and that the Acting Town Manager be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public use a Street Reserve located on Baird Street in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedule "A" attached hereto and forming a part of this By-Law. 2. THAT the Street Reserve as described in Schedule "A" of this By-Law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street reserve or any portion thereof. DATED at North Sydney, in the County of Cape Breton, Province of Nova Scotia, this 15th day of December, A.D. 1994. DEPARTMENT OFh'fi•;,'•^;r°7 THIS IS TO CERTIFY that the By-Law AIRS of which the foregoing is a true ``'O�+ i,3flC: tOf copy was duly passed at a duly Fri:►GUS c.Wp.i>';;fig( called meeting of the Town Council of the Town of North Sydney duly held on the 15th day of December, +': ... A.D. 1994. nxg . of...... . ..........r+r a�uury< ..... 1' .'""3 y...... ' Mayor VV Acti g Town Manager Approved: 19g_ ` n ster of Transportation & Communications Province of Nova O Wia Office of Rayistry of Deed Cape Ofsfon,N.B. Sydrey Cortlfy that il`f`:•.instrument is a true copy of Filed at... "..........Pu On...�.�.�0... Plan#. r.. Q ..Expro#............................. ............... ... ..., Registrar of Deads SCHEDULE A All that certain lot, piece or parcel of land situate, lying and being a 50 foot Street Reserve (Baird Street), in the Town of North Sydney, Province of Nova Scotia, as shown on a plan of survey showing that portion of a Street Reserve (Baird Street) to be closed as public access, said plan prepared by Harvey Surveys dated October 21, 1994, and said Street Reserve is more particularly bounded and described as follows: COMMENCING at Nova Scotia Coordinate Monument 1439: THENCE S 67 degrees 18' 22" E a distance of 280.47 feet to a survey marker set on the eastern boundary of Peppett Street, and said survey marker being THE PLACE OF BEGINNING: THENCE southeasterly along Peppett Street and following a curve to the left having a radius of 92.00 feet, an arc distance of 21.00 feet to a survey marker set on the northwestern boundary of land of James Hickey, and said survey marker being S 37 degrees 42' 51" E a distance of 20.96 feet from the last mentioned survey marker; THENCE N 34 degrees 53' 30" E along the said Hickey lands a distance of 187.93 feet to an iron bar set on the southeastern boundary of land of The Rocca Group Ltd.; THENCE N 56 degrees 01' 00" W along the said Rocca Group lands a distance of 50.00 feet to a point on the southeastern boundary of land of the Town of North Sydney; THENCE S 34 degrees 53' 30" W along the said Town of North Sydney lands a distance of 159.49 feet to a point on the eastern boundary of Peppett Street; THENCE southeasterly along Peppett Street and following a curve to the left having a radius of 92.00 feet, an arc distance of 37.09 feet to THE PLACE OF BEGINNING being S 19 degrees 37' 28" E a distance of 36.84 feet from the last mentioned point. The above described lot contains an area of 8858.7 square feet, more or less. y5/ / / / I II yip � �- �+u s CL � O� 'y i C0 � � I a m oti bn a I roo I h I b by 'the Tom Oout«o3vros tth sy ey Pursusat, to Seetiavt 109 of ChVtor 309 of the Ravi$" Staa totes, of Nova sootiaa,. 1967, tht Tam Aot that the fain by-law be aid the same la hereby emeted avid: that that Clerk,' be a to hereby Instruoted to forward Same ta. than Wlaijo> of MWAolpal Affairs and the MvIoter of Hishmys vdth; a- r eat file their Approval$ hoftof, the Olma 0-0108 to hT Por Maria St et asid ae portion of Porgy Street a.aa the Twom of M*rth s a3+r Nova S0044L.� the p�irt�tsaa � eof horarbar, deed to a1 :: die Wit to stiff of th3a by*ItkV is as f*4110VOS. that Certaln lot, .PIMA$ or p del of land s toa. 1ylx i! ` be in h T I. ' Ablit C49* Scot , Proof N*vA 8fttia,, and being more pa3rticularli #coned deaab eat fo ; _SMISM a, Foist '00 4W. nortu+ de e � ftt" St at t "Id polut t V.� or ate� � . or t side of 9'4-lyd:SWft , and`Ift+s .east*%%° -lie sof Maria $troet:t 1.4m �.lms of blaria Suet o d t� .t of om ,hmdrW and '�: 040 ` eot more or 1406 tc� a W th tm WU ary of the: Tote Of North S$�t in at v atorly direction aa.00g the s. aid Tow bolo a distaute of sUty (600) root to A point, than 'add paint bei the paint of in-to . that t std+ 4 !" of Maria Street and the said TCM of Wirth S d �t 0% . i , In. a aotatherl dli 3!0 a].ara$. theeeta . `oda iof rtaar 'Street, a distaa of t humored (2410, fact =or + r less to the 440,06k.thorm *lido lid apt Bair street.; in an eastorly r*&Uoas thebot*hOiii a toe line of 941td Street., a din«tmee of qty (601 a feot: ter.: or le" to the Plane of bosimAus. Via, that aertaain lot, pie+ *r ;p4ar l .Of lam situate, -tying mW. being Inthe Tova of Nerifi Sy4ney, Comty of cope 9retop, Pr a .of MVAL SooMA4 4md, bolr4g .mare particularly wed and doeeribed AS Iijile"'« at: a point on the northern aids lin of Clifford Street, the Said point helm the ppatatt of lnt�4o% of the northern Sul* line of Clifford Street and thq a t� i aid* line of rareman Stt eatl in a northerly ALMOL n ale" tbo as t of lig ref r� Street a diatl�e Of %WO ham . 66VIenty-oli Un toot more or loss to the sones teary► or the camwIlAn Natiolml RautWO4 richt-a-Vayrl. In 4 westerly duvatlon along the Saut m: boundary of the cmwNational X"71 a 0��9Ct "Oome #f fty (50) f t more or loot .the point of, lt}teroaot a of oouthm side line tie Laid In+ �;�n tio"I Ra lvay kSbt-o-WOW, and the, Vostoo si4a man Streets, ZWM JA a "Utherly dire ion along the western de ifte of favemm. St: t,# a tsta ea of two .1011 ' p etty-Ada (276 F) fit move €t, baso to the said northe► 4t40 JU4 of Cy:iff r trout in an easterly direotion aloM the northern aide U44 of 0.10ford otraet * a disltan" of f$fty (Sol toot to the ;glace of b"Intdog, WE the portions of Nada Stmt and raromm Street, deseribod in ftetion 2 of this Ian, be oloa MW that all ri hts► of peKia ime karat oo-re as a street in the lam hereinhaforo more partioularly dosoriboid are forever extinguis trod and the said Town s y sell ani convoy.. the gtreet or any portion thereof* at North ay y in the Cmmty of Cape Broton, t;ho NO. day of January, A.D.- 14172, 4i>raton ori r ' lak of tlxe Tam; of North fey. A* hereby DEPARTMENT OF MUNICIPAL AFFAIRS c'4,rt that the above is # true ooh of the by».ata' pa"'a by.,Via. Recommended for T 41 or .-1q 0'r Vi approval of the Minister Sydney PP �dn at >s atatt$t1$ sgl�tipy W4. .. .................... .1...... . . . ..pw.. •nhteo ARPRUV ills......... : . ........day G� Ot...... ......... .rte�r►+ .r ..o-rs ..e. Tom Clook -,�IMstat of uniSlyel. vF�\^//�, .. .. 6 ..............pa a, . . . ..................... - N�lnl'�R o!r YIs01YPAT®• . / J 0 O 0 BY-LAW RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter. 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the .Minister of Transportation 'with a request for their approval hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public use a Street Reserve located at the top of Cottage Street in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedule "A" attached hereto and forming a part of this by-law. 2. THAT THE Street Reserve as described in Schedule "A" of this by- law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street reserve or any portion thereof. DATED at North Sydney, in the County of Cape Breton, Province of. Nova Scotia, this 16th day of October, A.D. 1987. THIS IS TO CERTIFY that the By-Law of which the foregoing is a true copy was j)[ OF MUNiClr AFFAIRS --�_ � duly passed at a duly called meeting of Recommended for the Town Council of the Town of North approval of the Minister. Sydney duly held on the 15th day of ...................... DeQa remeucel Solicitor October, A.D. 1989. A FRROVED this.......!.4 2y:........day f o .......Ns�� 4�et...........19.a! Yl p..Q.� f G. Deputy Mayor Town C rk Approved this 9.�7............ 1 , All that certain lot, piece or parcel of land situate, lying and being a Street Reserve on the northeastern side of Cottage Street, in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia and said Street Reserve is shown on a plan of survey prepared by L. M. Harvey & Sons Ltd. on October 22, 1987 and said Street Reserve is more fully des- cribed as follows: COMMENCING at Nova Scotia Co-ordinate Monument 1366; THENCE N 690 36' 07" E a distance of 652.89 feet to an iron bar set at the intersection of the northeastern boundary of Cottage Street and the southeastern boundary of the lands of Lawrence Douglas and said iron bar being the POINT OF BEGINNING; THENCE S 370 04' 40" E along said Cottage Street 60.0 feet to a survey point set on the northwestern boundary of the lands of Harold Cox (Book 680,Page 660); THENCE N 510 44_' 35" E along said Cox lands 10.0 feet to' a survey marker; THENCE continuing N 51° .44' 35" E along said Cox lands and the lands of the Sisters Of Charity (Book 1004,Page 166) 165.0 feet to a survey marker set on the southwestern bound- ary of the lands of Annie Christie(Book 274,Page 478) ; THENCE N 37° 04' 401 W along said Christie lands 60.0 feet to a survey marker set on the said southeastern boundary of the Douglas lands; THENCE S 510 44' 35" W along said Douglas lands 165.0 feet to a survey marker; THENCE continuing S 51° 44' 351: W along said Douglas lands 10.0 feet to the POINT OF BEGINNING. The above described lot contains 10,498 square feet. All bearings herein are referred to the Nova Scotia Co-ordinate System, 30 M. T. M. Projection, Zone 4, 1979 adjustment. FOUNDm �9 1931 .� r CA PAU O. HARVEY e 509., MEMBEP Province of Nova Scotia m� Office of Registry of Deeds Cape Breton, N.S. Sydney certify that the within Instrument was registered irS office � �p ;D- 71, this day in Book ,�JPage.. �4 on faith of th© foregoing. cerlificW.' Registrar,of Deeds I t V FILE No. .......C'Vv .........�. RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, 'that the following by-law be and the same is hereby enacted and that the Clerk be and`is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Highways with a request for their approval hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public a portion of Heakes Street in the Town of North Sydney, Nova Scotia. 2. THAT the portion thereof hereby closed to public use pursuant to Section 1 of this By-Law :is.as follows: ALL that certain portion of Heakes Street, being in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, and more particularly described as follows: BEGINNING at a point of intersection of the eastern boundary of Moulton Avenue and the northern boundary of Heakes Street, both streets being 50 feet in width; THENCE in an easterly direction along.the northern boundary of Heakes Street a distance of 74 feet, more or less, to a point; THENCE in a southerly direction, parallel to Moulton Avenue, a distance of 50 feet, more or less, to a point on the southern boundary of Heakes Street; THENCE in a westerly direction along the southern boundary of Heakes Street a distance of 74 feet, more or less, to a point on the eastern boundary of Moulton Avenue; THENCE in a northerly direction along the eastern boundary of Moulton Avenue a distance of 50 feet, more or less, to the point of beginning. ._ 2 cul - 2 - 9 3. THAT the portion of Heakes Street as described in Section 2 of this By-Law be closed and that all rights of public use heretofore as a . street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney in the County of Cape Breton, the 22nd day of April, A.D. 1977. I, Earl Snow, Clerk of.the Town of North Sydney, do hereby certify that the above is a true copy of the by-law. given first and second reading by the Town Council of the Town of North Sydney at a meeting duly held and convened on the 17th day of March, A.D. 1977, and passed with the third reading by the . AIRS Town Council of the Town of North Sydney DEPARTMENT O�:FMUNICIPAL AFF at a meeting duly held and convened on Recom mended for the 21st day of April, A.D. 1977. approval of the Minister ......................................................... ........�2� 'ti;�r^'................... Dep,rtmertal Earl Snow, Town Clerk APPROVED his...... ......d-^•Y of........ ....,g . . . ..... Mints lu:: . g�py.. ® -p p Vii. P P .� -AC ` .. . . Mt ISTER ..: .HWAY; .�.._ BY-LAW "RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act,.that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request 'for their approval hereof. CLOSING PUBLIC STREET (JAMES STREET) 1. THAT the Council do close to public use a Street Reserve known as James Street, located off Brook Street Ext. in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedules "A" and 'B'attached hereto and forming part of this by-law. 2. THAT the Street Reserve as described in Schedules "A" and "B" of this by-law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street or any portion thereof." DATED at North Sydney, in the County of Cape Breton, Province of Nova Scotia, this 7th day of April, A.D. 1989. 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 Town Council of the Town of North Sydney.held on the 6th day of April, A.D. 1989 Mayor DEPARTMENT OF MUNICIPAL AFFAIR) Town Clerk Recommended for approval of the Minister Approved this ••••�• ••••. D•our•r.•Wr•r 9o11c11er �._._._.....ag= ........ ..............day of. 6 APPROVED this. ...........day of.... ....l.�i�iu nxy........ 19RJ..r •• inisier of Transportation and Coon •MINlr•N Nx SCHEDULE A All that certain lot, piece or parcel of land situate, lying and being a portion of James Street, in the town of North Sydney, in the County of Cape Breton, Province of Nova Scotia and being shown on a plan of survey showing land of the TOWN .OF NORTH SYDNEY as prepared by Harvey Surveys dated March 3, 1989 and said said lot is more particularly bounded and. described.as follows: BEGINNING at a survey marker set at the intersection of the northeastern boundary of Brook Street and the northwestern boundary of land of Austin Fyfe; THENCE N 54 degrees 50' 10" W along Brook Street 50.0 feet to a survey marker set on the southeastern boundary.of land of N. Connors; THENCE N 34 degrees 50' 10" E along the said Connors land and the land of Russell Fraser 250.0 feet to a survey marker set on the southwestern boundary of Maria. Street; THENCE S 54 degrees 50' 10" E along Maria Street 50.0 feet to a. survey marker set on the northwestern boundary of land of David Ryan et al; THENCE S 34 degrees 50' 10" W along the said Ryan lands and the land of Austin Fyfe 250.0 feet THE PLACE OF BEGINNING. The above described lot contains an area of 12,500 square feet. All bearings herein are based on the Nova Scotia Coordinate System, three degrees MTM projection, Zone 4, Central Meridian 61 degrees 30 minutes longitude west. (1979 ADJ.) SCHEDULE B , All that certain lot, piece or parcel of land situate, lying and being a portion of James Street, in the torn of North Sydney, in the County of Cape Breton, Province of Nova Scotia and being shown on a plan of survey shoving land of the TOWN OF NORTH SYDNEY as prepared by Harvey Surveys dated March 3, 1989 and said said lot is more particularly bounded and described as follovs: BEGINNING at a survey marker set at the intersection of the northeastern boundary of Maria Street and the northvestern boundary of land of D.V.L.A.; THENCE N 54 degrees 50' 10" W along Maria Street 50.0 feet to a survey marker set on the southeastern boundary of land of David Ryan et al; THENCE N 35 degrees 02' 20" E along the said Ryan land and .the land of Ernest Young 265.0 feet to a survey marker set on the southwestern boundary of Peppett Street; THRMCR S 54 degrees 58' 30" E along Peppett Street 50.0 feet to a survey marker set on the northwestern boundary of land of D.V.L.A.; THENCE S 35 degrees 02' 20" W along the said D.V.L.A. lands 265.1 feet to THE PLACE OF BEGINNING. The above described lot contains an area of 13,253 square feet. All bearings herein are based on the Nova Scotia Coordinate System, three degrees MTM protection, Zone 4, Central Meridian 61 degrees 30 minutes longitude vest. (1979 ADJ.) RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Highways with a request for their approvals hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public use High Street Extension in the Town of North Sydney, Nova Scotia. 2. 'THAT the portion thereof hereby closed to public use pursuant to Section 1 of this by-law is as follows: ALL that certain lot, piece or parcel of land situate, lying and being in the Town of North Sydney in the County of Cape Breton, Province of Nova Scotia, being more particularly bounded and described as follows: BEGINNING at a point where-the north eastern boundary line of Pbppett Street is intersected by the eastern boundary line of High Street Extension. THENCE to run on a bearing of N 4° 35' 06" W along the eastern boundary line of High Street Extension and along the western boundary line of lands now or formerly owned by one Joseph Marsh and lands of Bens Limited and lands of the Town of North Sydney for a distance of 450.2 feet more or less or to the south western corner of lands of Unique Building Supplies Limited. THENCE to run on a bearing of S 33° 52' 18" W along the south eastern boundary line of the Rocca Group Limited for a distance of 80.4 feet or to the western boundary line of High Street Extension. THENCE to run on a bearing of S 4° 35' 06" E along the western boundary line of High Street Extension and the eastern boundary line of lands of the Town of North Sydney, lands of one Francis and lands of one Bungay for a distance of 340 feet more or less, or to the north eastern boundary line of Peppett Street aforesaid. THENCE to run on a bearing of S 550 00' E or along the north eastern boundary line of Peppett Street for a distance of 65 feet more or less or to the place of beginning. A tract of land containing approximately 19,750 square feet in area and being shown on a plan of High Street Extension dated the 8th day of March A.D. 1979 and signed by Orrin A. Clark, Nova Scotia Land Surveyor. ()VA 8(_-O,,,FO - ' 7,51 'f• ... .. .. �6 001-4 A.CLARK 3. THAT High Street Extension as described in Section 2 of this by-law be . closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney in the County of Cape Breton this 28th day of September, A.D. 1979. 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 Town Council of the Town of North Sydney duly held on the 27th day of September, A.D. 1979 DEPARTMENT OF MUNICIPAL AFFAIRS Recommended for , approval of the Minister 1 Mayor .......... ... .... .i APPROVED this.. 3� ............. . .... ................ a.: ....... of.........�.�!g ene.i•'.........,., f9 Town Clerk . ................ ....�-1 APPROVED • ^. INI TER,0 IGHWAY1 " erovince of Nova Scotia. Office Registry of/Uec�. "ape. Breton S. S. Syd .2- �97�. certify that the wit1iin ent was regis. Bred in thi officer t ,`oe day n Boo ages3 n faith of the foregoing rtificate . trax of A OVA SO� --- — 4 N LTi ii _ L A4, WOW 114 A I G. . VULIET_; CLARK < � 230 .�o�� G K 1 IASkOM M .Towi� o �,.fseis.t uoyml %ter NN G T CjC ..1 .. %A K t2('.Lit.f3A1s. >r ►tt.1 AN 2L NOVA SCOTIA LAND SURVEYOR Property Surveys - Construction & Industrial Surveys Subdivision Planning and Layout SVFQ� a�`]L -Cp Q,oCCA GROUP ��.��a SEE PLAN PSV EAQL Q.-Rh1EY- O� NIS,(-S : *t M v' % 10 PROPa5ED UP-W tj 45M M N QF'� 5C -90 41 � � a� psi MARSM LV S`CRLET 4 NOVA SCAT, --- o foumo M, .. O Y r"m A. CURK- f . Towk: of lA A 0 e t1 Atv 1 W1 C) C.('l I r. 111 1 m i! BY-LAW RESOLVED- by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes 4; of Nova Scotia, 1963, the Towns Act, that the following by-law ii be and the same is hereby enacted and that the Clerk be and is i hereby instructed to forward the same to the Minister of i Municipal Affairs and the Minister of Transportation with a f ; request for their approvals hereof. i CLOSING 'PUBLIC STREET. i 1. THAT. the Council do close to public use a portion of East i Street, Victoria Street, Prince Street, Congress Street, Lincoln Street and Cottage Street in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully !" described in Schedule "A" , Schedule "B" , Schedule "C" , Schedule II "D", Schedule "E" and Schedule "F" attached hereto and forming a part of this by-law. V 2. TEAT a portion of East Street,. Victoria Street, Prince Street, Congress Street, Lincoln Street and, Cottage- Street as described in Schedule "A" , Schedule "B" , Schedule "C" , Schedule "D" , Schedule "E" and Schedule "F" of this by-law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished. and the said Town may sell and convey thestreet or any portion thereof. DATED at North Sydney, in the County of Cape Breton, this 22nd day of April. A.D. , 1986. 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 Town .Council �1ppl oved this of the Town of North Sydney duly day of ., . held on the 17th da of Apr'l. D. , 1986. 19T ........... . MAY Minister.of Transportation �` J D/T WN CLERK SCHEDULE "A" ALL that certain lot, piece or parcel of land situate, lying and being in the Town of North Sydney, in the County of Cape Breton, Province of Nova Scotia and shown on a plan of survey indicating the land to be acquired by the Town of North Sydney. as prepared by L.M. Harvey & Sons Limited, dated December 4th., ..1985 and being more particularly described as follows: BEGINNING at a point at the intersection of the northwestern sideline of East Street and the northeastern corner of land of William MacAdam; THENCE running N 271 42' 20" W, a distance of 1416.11 feet to a point. at the northeast corner of Lot #16 formerly owned by Earl MacNeil- and Eric Brogan; . THENCE running N 621 171 .40" E, a distance of 50 feet to a point at the northwest corner of Lot .#18 formerly owned by Earl MacNeil and Eric Brogan; .THENCE- running S 27° 42' 20" E, a distance of 1416.11 feet- to a point onthe northwest sideline of Lot #20 formerly owned by The Lundrigan .Group Limited; THENCE running in a southeasterly direction, a distance of 50 ,feet to the point of beginning. BEING &INTENDED to be a portion of East Street located in the Town of North Sydney and shown on the above-mentioned plan of survey. SCHEDULE "B" ALL that certain lot, piece or parcel of land situate, lying and being in the Town of North Sydney, in the County of Cape Breton, Province of Nova Scotia andshown on a .plan of survey indicating the land to be acquired by the Town of North Sydney as •prepared by L.M. Harvey &Sons Limited, dated December 4th, 1985 and being more particularly. described as follows: BEGINNING at a point at the intersection of the southwest cor- ner of .Lot #14 formerly owned by The Lundrigan Group Limited with the northeastern sideline of Victoria Street; THENCE running N 270 42 ' 20" W, a distance of 2017..60 feet to a point at the northwest corner of Lot #17 formerly owned by Earl MacNeil and Eric Brogan; 'THENCE running S 620 17 ' 40" W, a distance of 50 feet to a survey marker; 'THENCE running S 27° 42 ' 20" E, a distance of 2017.60 feet to a point at thesoutheast corner of Lot #10, Block "E" owned by the Town of North Sydney; THENCE. running N 620 06 ' 20" E, a distance of 50 feet to the point of beginning. BEING .& .IN.TENDED to be a portion of Victoria Street located in the Town of North Sydney and shown on the above-mentioned plan of survey. SCHEDULE "C" ALL that certain lot, piece or parcel of landsituate, lying and being in the Town of North Sydney, in the County of Cape Breton, Province of Nova Scotia andshown on a plan of survey indicating .the land to be acquired by the Town of North Sydney as prepared by L.M. Harvey & Sons Limited, dated. December 4th, 1985 and being moreparticularly described as follows: BEGINNING at a point at the intersection` of the northwest cor- ner of Lot .#10, Block "E" owned by the Town of North Sydney and the northeast sideline of Lincoln Street; THENCE running N 620 17' 40" E, a distance of. 1000 feet to a . survey marker at the .intersection of the northwest corner of land formerly owned. by The Lundrigan Group Limited with the northeast. sideline of East Street; -.THENCE running N 27* 42' 20" E, a distance of- 50 feetto a point; 'THENCE running S 62° 1.7 ' 40" W, a distance of. 1000 feet to a point at. th& intersection of the. southeast corner of Lot #9, Block "E" and the northeast sideline of Lincoln Street; .THENCE running S 271 42 ' 20" W, a distance of 50 feet to the point of beginning. BEING& INTENDED to be a portion of Prince Street located in the Town of North Sydney and shown: on the above-mentioned plan ofsurvey. i SCHEDULE "D" ALL that certain lots,, piece or parcel of land situate, lying and being in the Town of North Sydney, in the Coun.ty' of Cape Breton, Province of Nova Scotia and- shown on a plan of survey indicating the land-to be.. acquired: by the Town .of North Sydney as prepared by L.M. Harvey & Sons Limited, dated December 4th, 1985 and being more particularly described as follows: BEGINNING at a point at the .intersection of the southwest corner of land of the Town of North Sydney, recorded in the Sydney Office of the Registry .of Deeds, Nova..Scotia at. Book 867, .Page 566 and the northeast- sideline of Convent Street THENCE running North 620 17 ' 40" East, a distance of 1,783. 3 feet to a point at the northeast boundary of the :Town of North Sydney:. THENCE running South 540 55" 37" East to a survey marker at the southeast corner of Lot #18; THENCE running South 620 17' 40" West, a distance of 1,823.-00. feet to a point at the northeast sideline of Convent Street; THENCE running North 271 30' 00" West, a distance of 50 feet to the point of beginning. BEING & 'INTENDED to be Congress Street located between Convent Street and the northeast boundary of the town of North Sydney as indicated on the above mentioned plan of survey. SCHEDULE "E" . ALL that certain iot, , piece or parcel. of land situate, lying and being in the Town of -North Sydney, in the County of Cape Breton, Province .of Nova Scotia and..shown on a plan of survey indicating the land to be acquired by ,the Town of North Sydney as prepared by L.M. Harvey.& Sons Limited, dated December 4th, 1985 and beingmore particularly described as follows: BEGINNING at. a point at the intersection of the northwest. side line of .Pleasant Street .with the northeast sideline of Parcel "C" being land .of the Town- of North Sydney recorded in the Sydney Office of the Registry of Deeds, Sydney, Nova Scotia at . Book 504, Page 530; THENCE running North 27° . 42' 20" West, a distance of 506.85 feet to a point at the southeast .sideline of land of the Northside Victoria District School Board; THENCE .running North 40° 32' 40" ..East; a distance .of `53.8 feet to a point -on thesouthwest sideline of land of the Town of North Sydney; HENCE running South 271 42' 20" East, a distance of 822.0 feet to a point at the intersection of the extension. of the northwest sideline of Pleasant Street and the west sideline of Lot #9, Block ''E" of land of the Town of North Sydney; THENCE running South 251 24 ' . 50" East to the point of beginning. BEING & INTENDED to be that portion of Lincoln Street between. the extension of the northwest sideline of Pleasant Street and the southeast sideline of- land of the Northside Victoria District School Board andshown on the above mentioned plan of survey. SCHEDULE "F" -:ALL that certain lot, piece or parcel of land situate, lying and being in the Town:;of North Sydney, in the County of Cape Breton, Province of Nova Scotia and. shown" ori a plan of survey indicating the .land to be acquired by the Town. of North Sydney as prepared by L.M Harvey & Sons Limited., dated.. December 4th, 1985 and being more particularly described- as :follows: BEGINNING at .a point at the intersection of the extension of the southwestsideline of Cottage Street with .the. southeast - sideline of .Lot #19 formerly owned by Earl MacNeil :and 'Eric Brogan; 'THENCE running in a northeasterly direction along the extension of the southwestsideline of Cottage Street _to a point at the southeast- sideline of Lot #18 formerly owned by Earl MacNeil and Eric Brogan; "THENCE running South 620 17 ' 40" West alongthe southeast side line of Lot418. to. a poin.t: at the southwest sideline of Cottage Street; THENCE running in a:_southeasterly direction to the intersection_ _ of the extension ofthe southwest sideline of Cottage Street and thesouthea.st. sideline of _Lot 119; 'THENCE running. North 62°. 17 ' 40 East along thesoutheast side line of Lot #19 to the point of beginning. BEING_"& 'TNTENDED to be all that portion. of Cottage Street located with Lot #19 as indicated on. the above mentioned plan of survey. BY-LAW RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PUBLIC STREET (PORTION OF JOHNSTON STREET) 1. THAT the Council do close to public use a portion of a street known as Johnston Street, in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia. 2. THAT the portion thereof hereby closed to public use pursuant to Section 1 of this By-Law is as follows: ALL that certain lot, piece or parcel of land situate, lying and being on the northeast side of Brook Street, in the Town of North Sydney, in the County of Cape Breton, Province of Nova Scotia, and said Lot is shown on a plan showing proposed street closure for a portion of Johnston Street, dated December 10, 1990, and prepared by Michael J. Astephen, Nova Scotia Land Surveyor, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southeastern boundary of lands of the Northside-Victoria Amalgamated School Board (Registry Reference: Book 1001, Page 126) and the northeastern boundary of Brook Street; THENCE on an azimuth of 125 degrees 40 minutes 30 seconds along the said northeastern boundary of Brook Street for a distance of 50.0 feet to the northwestern boundary of Lot 89-2 on said plan; THENCE on an azimuth of 34 degrees 23 minutes 00 seconds along the said northwestern boundary of Lot 89-2 on said plan for a distance of 167.9 feet to a point; THENCE on an azimuth of 304 degrees 09 minutes 40 seconds for a distance of 50.0 feet to the aforementioned southeastern boundary of lands of the Northside-Victoria Amalgamated School Board; THENCE on an azimuth of 214 degrees 23 minutes 00 seconds along the said southeastern boundary of lands of the Northside-Victoria Amalgamated School Board for a distance of 166.6 feet to the point of beginning. All azimuths are grid azimuths and refer to the 3 degree Modified Transverse Mercator Projection, Zone 4, Central Meridian 61 degrees 30' West Longitude, 1979 adjustment. The above described Lot contains an area of 8,361 square feet. Above described lot being and intended to be a portion of Johnston Street. — 2 3. THAT the portion of Johnston Street as described in Section 2 of this by-law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney; in the County of Cape Breton, Province of Nova Scotia, this 21st day of December, A.D. 1990. 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 Town Council of the Town of North Sydney held on the 20th day of December, A.D. 1990. Z_1" Mayor Town Clerk DEF ARTviENT OF MUNICiPAI AFFAIRS o Recommended for a Prov I - e �s � � c — Deoartmentti Soflcitor 1 Y APPROVED thlS..,...................da NO .......... y............19 51.. .......... .... .............. .r � •• IriHtxr Munit Afltlr9 BY-LAW "RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PUBLIC STREET (MALCOLM STREET) 1. THAT the Council do close to public use a Street Reserve known as Malcolm Street, located off Brook Street Ext. in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedule "A" attached hereto and forming part of this by-law. 2. THAT the Street Reserve as described in Schedules "Arr" of this by- law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may .sell and convey the street or any portion thereof." DATED at North Sydney, in the County of Cape Breton, Provine of Nova Scotia, this 7th day of April, A.D. 1989. 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 Town Council of the Town of North Sydney held on the 6th day of April, A.D. 1989 Mayor DEPARTMENT OF MUNICIPAL-AFFAIRS Town Clerk Recommended for approval of the Mester •(. � ;,.kn:;' Approved this PROVED t' is......:0............day of.... r-ervX, x.`i.....19.c'� ].n�.l�............. . ... .......:. ........ ................. ... Mu.,i ,er rwmdwr rr.rr. Minister ofTransportation ah cmr;h:icato..n-s: SCHEDULE A All that certain lot, piece or parcel of land situate, lying and being Malcolm Street, in the town of North Sydney, in the County of Cape Breton, Province of Nova Scotia and being shown on a plan of survey showing land of the TOWN OF NORTH SYDNEY and being Malcolm Street as prepared by Harvey Surveys dated March 3, 1989 and said said lot is more particularly bounded and described as follows:. BEGINNING at a survey marker set at the intersection of the northeastern boundary of Brook Street and the northwestern boundary of land of .Stephen MacLean; THENCE N 54 degrees 50' 10" W along Brook Street 66.0 feet to a survey marker set on the southeastern boundary of land of William Barnais; THENCE N 34 degrees 50' 10" E along the said Barnais land and the land of David Ryan et al 250.0 feet to a survey marker set on the southwestern boundary of Maria Street; THENCE S 54 degrees 50' 10" E along Maria Street 66.0 feet to a survey marker set on the northwestern boundary of land of The Town .of North Sydney; THENCE S 34 degrees 50' 10" W along the said Town lands and the land of 'Stephen MacLean 250.0 feet THE PLACE OF BEGINNING. The above described lot contains an area of 16,500 square feet. All bearings herein are based on the Nova Scotia Coordinate System, three degrees MTM projection, Zone 4, Central Meridian 61 degrees 30 minutes longitude west. (1979 ADJ. ) a m�m.r, .>rw,a ora►+ +e �« Ta VOWS a - �^� iG3s�q 3D gAaTtt9ellf r, 7 ' , � « , REZOL'!ED by the Town..cunci 1 z° ;he m of NortIT Sydney pursuant to Section 169 of. Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act,that.the:folIowing' by=law. be and the same hereby enacted and that the "lerk be and is hereby instruct -J to forward same to the Minister of Municipal Affairs and the Minister of•.Highways with a request for their approvals hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public a portion of Palmerston Street in the Town of North Sydney, Nova Scotia. 2. THAT the portion thereof hereby -closed to public use pursuant to Section 1 of this By-Law is as follows: ALL that certain lot, piece or parcel of land situate,. lying. and being in the Town of.North Sydney, County. of Cape Breton, Province of. Nova Scotiia, and being more parti.cularly.bounded and. described as follows:. ALL AND SINGULAR that certain parcel of land of irregular. figure, expropriated with other lands by a plan filed with the Registrar of Deeds for the County of Cape Breton at Sydney on March 31, 1966,.as No. NS-147,. situate, .ly.i.q and being at North Sydney, County.of Cape-Breton, Province of Nova Scotia,-property of the Town of North Sydney and being more particularly described as follows: BEGINNING at an iron_ boundary post at the intersection of the Northwesterly boundary 'of Palmerston Street with the South- easterly boundary of Pleasant. Street; THENCE, from the Point of Beginning so determiped`; following '. the Northwesterly boundary of Palmerston Street N. 66 28' E., a distance of thirty-two feet and four-tenths.�32.41) to a point where.. there is an iron boundary post; thence, S.27 15' E. a distance of forty-seven feet and seven-tenths ,(4a.7'), to a point where .there is an iron boundary post; thence, S. 27 26' E. a distance of six-tenths of a foot (0.6') to its intersection with the Southeasterly boundary of P$lmerston Street; thence, following the last mentioned boundary S.64 02' W. a distance of sixty-nine feet and one-tenth (69.1') to its intersection with the Northeasterly boundary of Forrest Street; thence, following the last mentioned boundary N. 27° 13' W. a distance of seventeen feet and five-tenths (17.5') to its intersection with the Southeasterly boundary of Pleasant Street where there is_an .iron boundary post; thence, following the last mentioned boundary N. 22° 18' E. a distance of forty-eight feet and three-tenths (48.3') to the-Point of Beginning. THE SAID parcel of land as described contains an area of . 2,816 sq. ft. 2 '3. THAT the portion of Palmerston Street as described in Section 2 or this By-Law be closed and that all rights of public use heretofore as a street in the lands.'hereinbef.ore moreparticularly described are forever extinguished-.and the.said Town-may. sel I and conveythe street.or any portion` ..thereof. DATED at North Sydney in the County of Cape Breton, - the ?i'1i day ofC¢c�ti��'` A.D. 1975 I, Earl Snow, Clerk of the Town of North Sydney do hereby certify that c T ` the. above is a. .true copy of the by-law G I , , OFFICE.-C E. given first and second reading-by the R'OVIN Jr N(,:, SCOTIA Town Council of the Town of North Sydney- APE B: c'i'ON CUUNTY, N..S, at a meeting duly held and.convened on r I. ce tifKth j. 'his is a ir:re copy of art. . the 4th day of.September, A.D. 1975, and Instr o Hent re ''ed in._Lh s Office in passed: with the third. reading by the hook rhe the l' Town.Council of the. Town of'North.Sydney Y A D at a meeting duly held and convened on da ✓ � the 18th day of September, D. 1975. of IDeeds lkil Town Clerk k , r DEPARTMENT OF NIUNICIPAL AFFAIRS iRecommended for approval of the Minister - s .. Departm ntdl Soltcltor °rovlace of N va Scotia Office of Registry of Deeds :apa Breton SjI S. Sydney. �Js.,� ��j��9,J� Ar: li'l- � .............. I certify thht the within instrurhent was regis o� • • '19"�.' tered in this office at/ ,' :� this day ; in Book �� pages �74 on faith if the fore ioing certificate. Registrar of Deeds Special Town .Council - 3 September 4, 1975 BY-LAID - CLOSING PORTION OF PALMERSTON STREET. STC 75-09=02 Mayor Young noted that at this meeting, Council shall.bear all persons desiring; to be heard in respect to the proposed closing of a portion of Palmerston Street, as duly advertised. The.Clerk reviewed this matter, which.was started in 1970 and has never been properly completed; due to a technicality. .It was' pointed out that the portion of Palmerston Street in question is actually no longer in existence, but it is necessary to go through the legal formalities in order to properly complete the matter tothe satisfaction of the government. The land in question is actually gone, and runs into Dinault Drive; this action will therefore have no effect on present streets in the area, and will .not change anything that is now in existence. Councill'or Oram mentioned petitions from residents.regarding Forrest Street, and the Director of Engineering advised that he was aware of the matter. A number of interested and concerned residents from Ward 4 were present, and as there was apparently some confusion as to the area involved, the Solicitor showed a drawing of the immediate area to illustrate the explanation. f It was feared by those present that the land to be closed off.was land over which children are travelling to.and from school; after being assured that such was not the case, concern was expressed that the land used by the children was actually private land, which would mean they are actually trespassing. It was pointed out .that this land is being plowed every winter, and the plow turns in this area. MOVED: Councillor W. Oram SECONDED: Councillor A. Robinson MOTION: That the portion of Palmerston Street as outlined in the By-Law be given first reading. The motion carried without dissent. MOVED: Councillor J. Keeping SECONDED: Councillor B. Robinson MOTION: That the portion of Palmerston Street as outlined in the By-Law be given second reading. The motion carried. without dissent. This is to certify that the above Minute STC 75-09.-02 re By-law . - Closing Portion of Palmerston Street is an excerpt from the minutes of the meeting of..the North Sydney Town Council duly called and held on the 4th day of September 1975 and that the said minutes were approved by the North Sydney Town. Council at a meeting duly, called and held on the 18th day of September, 1975• CERTIFIED C CT: Earl Snow Town Clerk . BY—LAW a 389 RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same .is hereby enacted and that the Clerk be and .is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PUBLIC STREET THAT the Council do close to public use a Street Reserve located between Park Street and Victoria Street in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedule "A" attached hereto and forming a part of this by-law. 2. THAT the Street Reserve .as described in Schedule "A" of this by-law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extin- guished and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney, in the County of Cape Breton, Province of Nova Scotia, this 22nd day of February A.D. 1985. NPp ved this � ..0 ly 0i.. THIS IS TO CERTIFY that the By-Law of which Lq ... the foregoing is a true copy was duly passed at a duly called meeting of the Town Council z'........'." "'... of the Town of North Sidney duly held on the i nsr Cation. A.D. 21st day of February , DEI Ar_ivT OF MUNICIPAL AFFAIRS 1985. Re•^ommendeci for approval of the Miinister ...... �..................... Deputy Mayor--���- ..... ..........; S day A.f ROVED this......a. ............ Deputy Town Clerk of. ......J Q ?�m�l 2h<__...1g.� ............�i .,....... an 111 Yl!L l'kt, lci�iY AYWM Schedule "A" 000390 ALL that ceafatn .Lot, pLeee, and pancel of land AUuate, lgLng and beLng on VLctoaLa Strteet Ln the town of Noafh Sydney, county 07 Ca e- Bnefon, pnovLnce of Nova ScofLa and being .shown on a plan o aunveg ahowLnq a poafcon of fhe lands of the Town of Nolth Sydney as nepaaed by L.A. //anveg & Sona Ltd. dated hag 6th, /986, aaLdplot beLng move paatLculaalg bounded and deac1tL6ed as follower: BegLnni.ng at a oLnt at the LnfeaaectLon of the aoutheaatean boundaAy of VLcfonLa Sfrteet and the nonf�heaafeaa boundaag off the land of Raymond StnicUand; Thence S64035'15"E along, the aaLd StaLchland land a dLafance of 9.0 feet to a auaveg manhen; %hence`S64*35'15"E along the aaLd Sfni.cleland land, land owned by RegLnald RLgga and the land Of AUALel AOAILi.aon a dEatance of 29/.4 feet to a auaveg maahea aef on -the noathweatean boundaacy of %a/tk Sfneef; Thence N27°/8'50"E along the.aaLd %ash Staeet a dLafance of 29.4 feet to a auaveg maakea; Thence N59°/4 '50"W along theland of Anna //age ll and the land Of Yeaae Cnewa a dLafance oif /50.0 feet to a auaveg maahea; Thence N66°09'10"iD along the land of 6eoaae StaLchland .a distance of 143.5 feet to a auaveg inanhea; . Thence N66609'10"W a dLafance oaf 7.0 feet to a poLnt on .the aoutheaatean boundang of VLcfonLa Sfaeet; Thence S27035'00"W along the aaLd VLcfoaLa Sfneet a dLatance of 39.3 feet to the %oLnt oif Be Lg nnLn&. The above deacaL6ed lot confaLna 11, 657. 4 aquaae ?feet. 1111 6eaa.Lnga Aeaeon ane aefenned to GnLd Noafh and ase based on. the Nova Scot La CooadLnate Scyate.m, 30m. T.A. ,pno'ectLon, gone 4, centaal meAtdLan 61°30' longLtude weaf. (1979 adjustment. ). i vi love sco _i iic:. 0 i Ois ry �Deed,-r i0bi a Ca. ar on, N.S. sydnsy z-3 ce. nte within Instrument Yaregistera� � e — of;ice f f 11a A' t,s day in 3ook1�"o3D nage C, �q on faith of the j-roregomg certif�caie: �/}� - � Rec�isfirar of Reeds BY-LAW RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public use a Street Reserve located off Peppett Street in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedule "A" attached hereto and forming part of this by-law. 2. THAT the Street Reserve as described in Schedule "A" of this by- law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney, in the County of Cape Breton, Province of Nova Scotia, this 20th day of November, A.D. 1987. IFPARTMENT OF h41JIN!CiP,AL A: AIRS + THIS IS TO CERTIFY that the By-Law of Recorrunended for which the foregoing is a true copy was aPp)'oval of the Minister duly passed at a duly called meeting of ..................... ;;;;;;,; ;;;"So;;;;,; " the Town Council of the Town of North ROVE %+.k Sydney held on the 19th day of November, . . ...... ...... .19.$x. A.D. 1987. — Mill sre. or'ra,111cir•1 Af{T bs— l Mayo Approved this ....... .../E'. ....day of 19..Q••A•.•........... r Town Clerk er of anspVtab . SCHEDULE A All.that certain lot, piece or parcel of land situate, lying and being on the eastern side of Peppett Street in the Town of North Sydney, Cape Breton County, Nova Scotia and said lot is shown as a ROAD RESERVE on a plan of survey prepared by L. M. Harvey &Sons Ltd. on October 21, 1987 and said Road Reserve is more fully described as follows: COMMENCING at Nova Scotia Co-ordinate Monument 1439; THENCE S 580 40' 50" E a distance of 854.55 feet to a survey marker set at the intersection of the eastern boundary of Peppett Street and the southeastern boundary of the lands of Patrick Whalen(Bk. 830, Pg. 37) ,and being the Point of Beginning; THENCE N 340 55' 40" E along said Whalen lands 197.8 feet to a survey marker set on the southwestern boundary of the lands of the Rocca Group; THENCE S 550 30' 20" E along said Rocca lands 66.0 feet to a survey marker set on the northwestern boundary of the lands of George Parsons; THENCE S 340 55' 40" W along said Parsons lands 198.3 feet bo a survey marker set.on said Peppett Street; THENCE N 550 04' 20" W along said Street 66.0 feet to the Point of Beginning. The above described Street Reserve contains 13,071 square feet. All bearings herein are referred to the Nova Scotia Co-ordinate Svstem. Zone 4. 1979 adiustment_ BY-LAW RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the sage is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PUBLIC STREET 1. THAT the Council do close to public use a Street Reserve located at the end of Quilty Drive in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described as follows: ALL that certain lot, piece or parcel of land situate, lying and being in the Town of North Sydney, in the County of Cape Breton.,. Province of Nova Scotia and more ,particularly described on a plan of subdivision of land of James Cogan and A & M Enter- prises Ltd., as drafted by L. M. Harvey & Sons Limited and dated March 4, 1985, and described as follows: BEGINNING at a point on the southeastern sideline of Stacey venue at the intersection of the northeastern sideline of Lot Number 17 owned by Chesley Carter and the said southeastern sideline of Stacey Avenue; THENCE running South 560 50' 00" East, a distance of one hundred twenty-five point one (125.1 ') feet to a point; THENCE running North 300 47' 00" East, a distance of fifty point zero 50.0') feet to a point at the southern corner of Lot "B"; THENCE running North 560 50' 00" West, a distance of one hundred twenty-five point one (125..1 ') feet along the southwestern sideline of Lot "B" and "A" to a point; THENCE running South 300 47' 00" West, a distance of fifty point zero 50.0') feet to the point of beginning. The above-described lot is identified as Lot "C" on the above mentioned plan of subdivision, containing an area of 19,870 square feet. ... 2 2 - On',244 2.. THAT the Street Reserve as described in Section 1 of this By-Law be closed and that all rights of public use heretofore as a street reserve in the lands hereinbefore more particularly described are forever extinguishes and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney, in.the County of Cape Breton., Pro.vince: of Nova Scotia, this loth day of June A.D. 1985. 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 Town Council of the Town of North Sydney duly held on the 6th day of June, A.D. 1985. Mayor .�•MJ Deputy Town Clerk ivli lVi :: AFFAIRS Approved this .. ..1b...........day of. 19.. E .�r lAfl,1l^,fl (L•F.� t /////nom^ 1 ste f Transportation NW'o ster of MuMdPM AttelW Province of Nova Scoda Office of Registry of Daeda Cape Breton,N.S. Sydney` 2,. f certdy."d»iNWn 4rshunrent was re Wwed9e oftke v s20 p-ver1d11e dal►Inback ,SaT w' a 3 an ho a.t-ft fAepte4ar,a;oeey BY-LAW RESOLVED by the Town Council of the Tann of North Syd.�y pursuant to Section 169 of Chapter 309 of the Revised Statutes of Nova Scotia-, 1967, the Towns Pat, that the following bye-lwa.-be_and the same is hereby enacted and that the Clerk be and is hex y instructed to.forward same to the Minister of Municipal. Affairs and the Minister of Transportation with a request for their approval hereof. CU)SDIG PUBLIC STREET 1. THAT the Council do close to public_use Wilkie Drive and a portion of Purves Street in the Town of A'orth.Sydney, County of Cape Breton, Proving of Tbava Seat:i.a, gore fully described in Schedule "A" a-id Schedule "B" attached 2xreto and forming a part of this;By-law. THAT Wilkie Drive and;a portion of Purves Street as described in Sche&Aes "A" and "B" of this By-law_be closed.. and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and tin said Town may sell and convey the street or any portion thereof. DATM at rth S, -y in the County of Cape Breton this��day of�� A.D. 19f3. DEPARTMENT OF MUNICIPAL AFFAIRS Recommended for approval of the Minister THIS IS TD MT= t17.at the Bit--law of T-hich �. the foregoing is a true ccrr vas duly passed ........:................ a a ca of ianc t duly lied nesting the Town Cor it of the To4tm of Forth Sydney duly held an the this-. .....�s�� .day ..... . . of................. .... } .....19. � o€ A.D., 19�3L ,. .. � ,�. '•Minister ^f •unicipal Affairs rV yorT> .^ S - L J0. ------4);-;tz-f-JZ... :............ Town Clerk ............ ..... SCHEDULE "A" ALL that parcel or lot: of land situateda:in. the Tom of North Sydney,. county of cape Breton, Pravince of Nava Scotia, being.shown as Parcel "A" on Public Works Canada Plan S-1298 dated May 1, 1983,,.si9ned,.by John Pape, N.S.L.S., and being more parti- cularly described as follows: _.. SING at a point situated on a southern boundary of Old Pleasant Street and being S 33° 57' 34" W, 262.99 feefi frau N.S.C.M. 1368; TFC S 30° 46' 21" E, 213.35 feet to a point, said point being on the westerly U6@Mary of lands .of H. M. in right of Province of Nova Scotia; THEN= S 320 09' 21" E. 905.00,feet to a,point on a northerly boundary of Purves Street; THENCE S 780 08' 49" W along a northerly boundary of Purves Street, 34.76 feet to a point, said point being the southwestern corner of Parcel "D" on the above-menticn& per: THWE N 310 18' 16" W along an_easterly:boundary of Parcel 'Ta", 164.42 feet to a poems y ` WOKE N 310 30' 45" W along anaeasterly, boundary of the aforementioned Parcel "D", 267.0 feet to a point; ` THRM N 310 46' 43" W along an,eastexly boundary of the aforementioned Parcel "D", 300.00 feet to a point; THENM N 31-0 46' 43" W along an easterly boundary of the aforerwnti_cned Parcel "D", 169.54 feet to a point on an easjbm y. boundary of lands of H. I M. in right of Canada; THENCE N 330 36' 49" W along an_easterly boundary of lands of H. M. in right of Canada, 185.00 feet to a.point on a.southerly boundary of Old Pleasant Street; THMM N 260 51' 00" E along a._s�ztherly b=xbry of Old Pleasant Street, 39.58 feet to-the point of beginning. The above-domed Parcel "A", contains an area of 30,713 square feet more or less. All bearings are grid reference to Longitude 6110 30' West, the Central Meridan of M.T.M. Zone 4 prior to 1979. _ Parcel "A" also being a portion of.the Old Gannon Road. BY-LAW RESOLVED BY THE Town Council of the Town of North Sydney pursuant to Section 169 of Chapter 309 of the Revised Statutes of.Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs and the Minister of Transportation with a request for their approval hereof. CLOSING PORTION OF PUBLIC STREET (VICTORIA STREET, WARD 4) 1. THAT the Council do close to public use a portion of a Street Reserve known as Victoria Street, located off Purves Street in the Town of North Sydney, County of Cape Breton, Province of Nova Scotia, more fully described in Schedule "A" attached hereto and forming part of this by-law. 2. THAT the Street Reserve as described in Schedule "A" of this by-law be closed and that all rights of public use heretofore as a street in the lands hereinbefore more particularly described are forever extinguished and the said Town may sell and convey the street or any portion thereof. DATED at North Sydney, in the County of Cape Breton, Province of Nova Scotia, this 19th day of July, A.D. 1989. 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 Town Council of the Town of North. Sydney held on the 6th day of April, A.D. 1989. Mayor i Town Cler f s Q� kiproved this r .........3.0 .....day of..... 19.�.!?............. Minister of Transportation and Communic s All that certain lot, piece. or parcel of land situate, lying and being part of Victoria Street, in the town of North Sydney, in the County of Cape Breton, Province of Nova Scotia and being shown on a plan of survey shoving land of the TOWN OF NORTH SYDNEY and being a part of Victoria Street as prepared by Harvey Surveys dated March 1, 1989 and . said said lot is more particularly bounded and described as follows: COMMENCING at Nova Scotia Coordinate Monument 1315; THENCE N 38 degrees 29' 50" W a distance of1519.4 feet to a survey marker set at the intersection of the northern boundary of Purves Street and the eastern boundary of. lands of Donald Ivey and said survey marker being the PLACE OF BEGINNING; THENCE N 26 degrees 26' 40" W along said Ivey lands 138.7 feet to a survey marker set; THENCE N 63 degrees 14' 15" E a distance of 50.0 feet to a survey marker set on the vestern boundary of the lands of William Nicholson ; THENCE S 26 degrees 26' 40" E along said Nicholson lands a distance of 123.7 feet to a survey marker set on the said boundary of Purves Street ; THENCE S 46 degrees 40' 38" W along Purves Street a distance of 52.2 feet to THE PLACE OF BEGINNING. The above described lot contains an area of 6560 square feet. All bearings herein are based on - the Nova Scotia Coordinate System, three degrees MTM projection, Zone 41 Central Meridian 61 legrees 30 minutes longitude vest. (1979 ADJ. ) Ql Cq/�D BY-LAW of OF THE TOWN OF NORTH SYDNEY ADOPTING AN AMENDMENT TO THE LAND USE BY-LAW under Sections 51.1A and 61C (1) of the Planning Act c.9, Statutes of Nova Scotia, 1983, as amended c.41, 1985 and c.51, 1987, Refer to North Sydney The Council of the Town of North Sydney hereby adopts the following amendments MPS on file in to the Land Use By-Law for the Town of North Sydney: Clerk's office THAT Section 923 of Part 94 be amended by adding the following between the words "uses" and "unless": "... and permitted uses in the Industrial Depot and Storage (IDS) Zone ..." Section 923 would now read as follows: "23. Services Required No development permit shall be issued in the Town of North Sydne* except for a recreational use and permitted uses in the Industrial Depot and Storage (IDS) Zone, unless the development proposed can be connected to the Town sewer and water system." THAT the following new Part 920-A be inserted immediately after Part 920: "PART 20-A. INDUSTRIAL DEPOT AND STORAGE (IDS) ZONE 1. IDS Uses Permitted' No development permit shall be issued in the Industrial Depot and Storage (IDS) Zone except for one or more of the following uses: heavy equipment depots and storage facilities heavy equipment repair facilities outdoor storage yards 2. IDS Zone Requirements In the Industrial Depot and Storage (IDS) Zone, no development permit shall be issued except in conformity with the following requirements: DEPARTMENT OF MUNICIPAL AFFAIRS APPROVED this........! ...........day M-- 19.q0 of..... ........ ....... ........ ............. i�uur N uunh:l AA� RESOLVED by the Town Council of the Town of North Sydney that the following resolution be and, the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs with a request of his approval hereof. DEVELOPMENT OFFICER THAT the powers and duties of the Council under Part IX, Subdivision, of Chapter 16 of the Statutes of Nova Scotia, 1969, the Planning Act, except the power to adopt, amend, revise or repeal a subdivision by-law and the powers vested in the council under subsection (3) of Section 50 of said Planning Act, shall be delegated by the Council to the development officer of the District Planning Commission or, if there is no Commission then to the development officer of the Town. RESOLVED THAT the Town Council of the Town of North Sydney shall appoint a development officer for the Town of North Sydney who shall administer the zoning by-law and grant development permits uder the by-law. THIS IS TO CERTIFY that the resolution of which the foregoing is a true copy was duly passed at a duly called meet- ing of the Town Council of the Town of North Sydney duly held on the 25th day DEPARTMENT OF Mt}NIAPAL AFFAIRS of June A.D., 1970. GIVEN under the hands of the Mayor and Reconirr►ended`for Town Clerk and under the corporate seal approval of the Anlster of the said Town this 25th day of June ��C� A.D., 1970. c (/�.. ...al........fie. this.......`. daY (MAYOR) APPROVED of. ... . Pe� llffelrs ........ . ..Mlnlster of Munld (TOWNCLERK) it RESOLVED by the Town Council of the Town of North Sydney that the following by-law be and the same is hereby enacted and that the Town Clerk be and is hereby instructed to -forward same to the Minister of Municipal Affairs with a request for his approval thereof. PREVENTION OF DISORDER AND IMPROPRIETY BY-LAW 1. No person shall post or exhibit on any street an indecent or immoral placard, writing or picture, or any picture of the human form in a nude or semi-nude condition, or shall perform any indecent or immoral or nude play, or other representation on any street. And any such writing or picture may be torn down by, any..Police Officer. 2. No person shall on any street or in any doorway, window, or other opening into the street or other public place within the hearing of the public: (a) use any profane, lewd, lascivious language; (b) be guilty of any obscene, lewd or lascivious behavior (c) openly challenge any one to fight; (d) use to any person any insulting or abusive languaggl, taunting epithet or threatening gesture calculated to provoke a breach of the peace; (e) shout or make any unusual noise or disturbance calculated to disturb the inhabitants; (f) obstruct any person in his house or shop or when engaged in his lawful occupation; or (g) be in a disorderly, drunken or intoxicated conditi . 3. No person shall knock or pound on any door of any house or ring any doorbell so as to annoy thereby the inmates of the house. 2 - 4. No person on any street shall beat any drum or bloAl any horn or trumpet or other musical instrument or clang any tambourine, cymbal or triangle or shout or sing, after having been requested by any Police Officer to desist from so doing on account of the illness of any inmate of any house in the vacinity, or other reasonable cause. 5. Every person who fails, without lawful excuse to withdraw from any private dwelling or house in which he is not a dweller, or has the right to dwell, after having been requester to so withdraw by the inmate thereof, or who remains in the saidjj building after being so requested, shall be liable to a penalty under the provisions of this By-Law, provided that this section shall not apply to the case of any one failing or remaining under a fair and reasonable claim of right so to do. 6. Every person who fails without lawful excuse, to withdraw from any place of business within the Town in which he is not a proprietor or employee, after having been requested so to do by a proprietor or employee of such place of business, or who remains in such place of business after having been so requested, shall be liable to a penalty under the provisions of this By-Law provided that this Section shall not apply to the case of any one so failing or remaining under a fair and reasonable claim or right to do so. . 7. No person shall wantonly deface, break or destroy any part of any fence enclosing or partially enclosing any hoUSeJL lot of land or other place whatsoever public or private, 8. No person shall wantonly unhinge, take away or hidei any gate from its place in connection with any house, building or premises. 9. No person shall wantonly or unnecessarily ring any fire alarm. 3 - 10. No person shall set, urge or encourage dogs to fight on any street. 11. No person shall perform. rope-walking or other gymnastic or athletic feat, or assist in the same on any street. 12. No person shall play foot-ball, cricket, baseball or other game or pastime or throw stones or snow-balls in or upon any street. 13. No person shall wantonly or unnecessarily annoy another person by throwing stones, filth, garbage or other mattem of any kind, on any premises, or into or against any building occupied by such other person. 14. No person shall willingly or unnecessarily disturb the good order of any public meeting held for any lawful purpose 15. No person shall on any street set up any lottery or game of chance, or invite any one to engage therein. 16. No person shall trample upon or destroy or injure the grass, flowers or shrubs in any public parks, squares, or grounds of the Town or in any way destroy or injure the seats, bandstands, fountains, fences or other public property on or in any way connected with such public parks, squares or grounds. 17. (a) No person shall discharge any gun or firearm, or set fire or cause to explode any cracker, fire-cracker, squid rocket or other fire works, or make or kindle any fire except in a safe and proper stove, grate or furnace or other proper apparatus therefor, within any part whatsoever of the fire limit defined in the next preceeding By-Law., (b) No person shall discharge any gun or other firearm, or set fire or cause to explode any cracker, fire-crack r; squid or rocket or other fire works in, or throw or cause to be thrown any of the same into the streets,. lanes, squares, parks or other public places of the Town. Provided, however, that the. Fire Committee of the Town, may by writing under the hand of thea -4- Chairman 4-Chairman thereof, permit within the Town a demonstration with fireworks, which permission shall set forth the names of the streets, squares, lanes, or other public places of the Town in which such demonstration may take place, as well as the day and hour thereof. (c) No person shall make any unnecessary noise or disturbance by means of the operation of a motor vehicle. 18. Every person who fails or contravenes to comply ,pith any of the foregoing provisions in respect to prevention )f disorder and impropriety shall be liable to a penalty not exceeding twenty dollars and in default of payment to imprisonment for a period not exceeding thirty days. I, Earl Snow, Clerk of the Town of North Sydney, in the Province of Nova Scotia, DO HEREBY CERTIFY that the foregoing Resolution was passed by the Town Council of the Town of North Sydney, at a meeting of the said Council held on the 23rd day of May, A.D. 1974. Dated at North Sydney, Nova Scotia, this 10th day of June, A.D. 1974. Earl Snow, Town erk DEPARTMENT OF MUNICIPAL AFFAIRS Recommended for approval of the Minister ��/ ............... •• ental Solicitor APPROVED this............ day ......19�... ' .. ..............airs • Minister of Munitl �i DOG BY-LAW RESOLVED by the Town Council of the Town of North Sydney that the following By-law is hereby enacted and adopted as a By-law of the Town of North Sydney and that the Clerk forward it to the Minister of Municipal Affairs and request his approval . � 1 . In this By-law: { (a) "Clerk" means Town Clerk of the Town of North Sydney or his appointee; !� iI (b) "Dog" means any dog, male or female; 1 (c) "Dog Control Officer" means a by-law enforcement officer !+ appointed under the Poiice Act to enforce this By-law; "Owner" of a dog includes any person who possesses or harbours a dog; (e) "Town means the. Town of North Sydney. jRegistra- 2. On or before the 1st day of May in each year, the owner of any dog ltion of shall register such dog with the Clerk, shall pay the tax provided therefore `+ai 1 Dogs 1 by this By-law and shall obtain from the Clerk -a tag for such dog. ';Owner to 13. (1) The owner of a dog who has become the owner thereof after the Register, !; first day of May and which dog is not registered in his name with the Clerk, i; shall within seven days after he has become owner, register the dog and pay the tax, obtain a tag and attach it to the collar of the dog. (2) A tax paid at any after the first. day of May shall be the same amount of tax required to be paid on or before the first day of May not- li withstanding that it is for any part of a year. H (3) Registration made and tax paid after the first day of May shall H be effective until the last day of April next following the making and payment thereof. 11'Registra- ! (4) The tax shall be annually as follows: !!tion Fee (a) For each male dog, the annual tax shall be Five i Dollars ($5.00). (b) ' For each female dog, the annual tax shall be Twenty-five i! Dollars ($25.00). i' :.Records 4. The Clerk shall keep a record of every dog registered, showing the ; date and number of registration, with the name and address of the owner. The owner shall furnish this information to the Clerk at or before the time of registration. ;Tags 5. The Clerk shall supply the owner with a tag for each dog registered, �i with the number and year of registration stamped thereon, and the owner of every registered dog shall keep on such dog a collar with the tag attached 1f thereto. �I 1Dogs at ; 6. No dog shall be permitted to leave the premises of the owner or be IlLarge �1 at large within the Town unless the said dog is under the effective restraint or control of some person in charge thereof, and the fact that any- dog is running at large shall be an offence against this By-law. Offences 7. The owner of a dog, (a) which runs at large coxitrary to this By-law, or (b) in respect of which the tax imposed by this By-law is not paid, or which is fierce of dangerous, or 11 I .(d) which, without provocation, has attacked or injured any person or property, or (e) disturbs the quiet.of the neighbourhood by howling, barking or (! in any other manner, li is guilty of an offence against this By-law and is subject on conviction to the penalty described by Section 8. (1 ) The Dog Control Officer, without notice to or complaint against i, the owner of any such dog, may impound a dog: (a) found running at large contrary to this: By-law, or (b) in respect of which the tax imposed by this By-law has not { been paid, or (c) which is fierce or dangerous. i Pmpoundingl� (2) It shall be the duty of a Dog Control Officer of the Town to take and impound at the pound provided by the Council for such purpose any dog found at large within the Town, and it shall .be the duty of the poundkeeper to receive and impound such dog and to furnish it with food and water. : Dogs May i (3) Where a dog cannot be captured or is fierce or dangerous, the be Rabid I, Dog Control Officer may immediately kill such dog. .,Rabid Dogs;. (4) Any dog rabid or at large and known to be rabid shall be ' . immediately killed. Jound 9 The Council shall appoint a poundkeeper, who may also be the Dog keeper Control. Officer, who shall keep all dogs delivered tq .him, and furnish them with food and water. i. - ..3 - Notice to! 10. (1 ) If, at the expiration of forty-eight (48) hours following the Owner of impounding of any dog, no claim. of ownership for such dog is made, it shall be Impounded. i, ,Dog the duty of the poundkeeper to make all reasonable efforts to notify the owner of such do and if unable to notify the owner, the p p 9 y poundkeeper shall dispose of the dog. (2) The poundkeeper and Dog Control Officer shall keep a record of l± all dogs impounded and how disposed of, and make returns to the Chief of Police ja for the Town of North Sydney. s, Redemption 11 . If the owner appears and claims his dog before the time fixed by the 0" Doi i p the dog shall be delivered to him on payment of any tax required I poundkeeper, by this By-law. l�iTags to be 12. Every owner who neglects to obtain a tag for each dog owned by him ion Dog �+ i and to keep it securely fixed on his dog, or who uses a tag. upon a dog other I than that for which it.was issued, shall be liableor a penalty not exceeding N Ten Dollars . ($10.00). t �� << 13. The Town Clerk shall advertise in a local newspaper circulating in I the Town of North Sydney in the month of April of each year, a notice that this. By-1 aw is in effect. Penalty ! 14. Any person who violates any provision of this By-law, except as set i out in Section 12 hereof, shall be liable on conviction to a penalty not ex- 4! x- ceeding One Hundred and .Fifty Dollars ($1.50,00) and in default of payment to i' imprisonment for a period not exceeding thirty (30) days. ,Repeal 15. All 'former By-laws of the Town heretofore enacted relating to dogs are hereby repealed. THIS IS TO CERTIFY that. the By-law of which i the foregoing is a true copy was duly passed at a duly called meeting of the Town Council I' of the Town of North Sydney, Nova Scotia field on the 22nd day of March, A.D. 1984. 5� PlK!/ 1 M4198*, p >f GIVEN under the hand of the Town Clerk and geczmia 2* o AcZ under the corporate seal of the Town, of North Sydney this 23rd day March, A.D.1984, a(Zo17- �p�� ��� �����n o, F: �BdILCILlnIRI�LfdC� !� ,�& [l6'd nle62 W gcWt CQI2r r f a' Town Cl er k TOWN OF NORTH SYDNEY BY-LAW RESPECTING THE CLOSING AND OBSERVATION OF HOLIDAYS OF CERTAIN CLASSES OF SHOPS Pursuant to Section 221 (74) of the Towns Act, as amended. 1 . This By-law is known and may be cited as the Early Closing By-law. 2. In this By-law: (a) Assessment Records means the records as contained in the Regional Assessment Office for the Town of North Sydney; (b) Assessment Roll means the assessment roll for the Town of North Sydney; (c) Business Occupancy Assessment refers to that portion of the real property assessment shown on the assessment roll as being business occupancy assessment and being attributable to the store; (d) Council means the Council of the Town of North Sydney. 3. The times referred herein shall be Atlantic Standard Time except that when Daylight Saving Time, so called, is commonly observed; then it shall be Daylight Saving Time. 4. (1 ) All shops and classes of shops within the Town of North Sydney during the whole of each year shall close at midnight of each and every day and remain closed until 5 o'clock in the forenoon of the following day. (2) All shops having a business occupancy assessment of more than $16,000. as set out in the assessment roll , and a commercial area of 1800 square feet or more as determined from the assessment records, shall close at 10 o'clock in the afternoon of each day and remain closed until 5 o'clock in the forenoon of the following day, except laundromats and pool rooms. - 2 - 5. All shops and classes of shops falling within the category set forth by subsection (2) of Section 4 shall close and remain closed during the whole of each day hereafter mentioned and remain closed until 5 o'clock in the forenoon of the day next following each such day, namely: (a) New Year's Day (b) Good Friday (c) Victoria Day (formerly May 24th) (d) Dominion Day (e) Labour Day (f) Thanksgiving Day (g) Remembrance Day (h) Christmas Day (i) Boxing Day 6. Notwithstanding Section 4, it is lawful at any time for any person to sell or offer for sale or provide or purchase any goods, chattels, personal property or services which are usually offered for sale in the ordinary course of such type of business from: (a) a motor vehicle service station at ahy time during which the sale of gasoline is required or permitted to be made at the service station pursuant to the Gasoline and Fuel ,Oil Licensing Act; (b) a drug store; and (c) a restaurant; and in connection therewith to do or to employ any other person to do any work, business or labour. - 3 - 7. Every person or corporation that contravenes the provisions of this By-Law is liable upon summary conviction to a penalty of not less than $25.00 and not more than $250.00, or in default to imprisonment of not more than one month. THIS IS TO CERTIFY that the foregoing is a true copy of a by-law duly passed at a duly called meeting of the Council of the Town of North Sydney duly held on the 23rd day of October, A.D. 1980. GIVEN under the hand of the Clerk and under the seal of the Town of North Sydney this 18th day of December, A.D.1980 CLERK DEPARTMENT OF MUNICI;AL AFFAIRS %i: Recommended for :i approval of the Minister APPROVED this-.3.........._'Aly. RESOLVED by the Town Council of the Town of North Sydney that the Garbage and Refuse Removal By-Law, as approved by the Minister of Municipal Affairs on the 13th day of September, 1971, be amended as follows: Section 9 is deleted and the following substituted therefore: Section 9 (a) If, for any reason, .the contents. of any receptable. or container become scattered before it is collected, the responsibility for having the refuse re-packaged rests on the occupant. (b) If, for any reason, the contents of any receptable shall become wet and of a fluid consistency, the -same shall not be removed. Section 13 is deleted and the following substituted therefore: ' Section 13 (a)- The time of placing garbage at the curb for collection may be left to the discretion of the occupant, provided, however, it is not _earlfer than 6:00 a.m. on the day designated for collection. (b) No person shall permit any receptacles or containers containing garbage or refuse for removal to remain upon any premises under his control for a period longer than seven days without placing same for callection. in the manner herein provided. -= -- n��11.rL CvPAi- ff'� . Re � eo d A0 I, Earl Snow, Town Clerk of North Cit 4,the ;M�r� r j Sydney, do hereby certify that the abovi is a true copy of the by-law, given first reading by the Town Council of the Town of North Sydney at a meeting duly held and convened on the 29th day of June, A.D. 1978, and given second reading and, passed with .. third reading by the Town Council of the Town of North Sydney at a meeting duly `held and convened on the 20th day ...:.. . .. ... f mumcipal Affa;[s of July, A.D. 1978. Minis 7 _ Earl ' Snow, Town :Clerk PROPOSED GARBAGE AND REFUSE REMOVAL BY-LAW RESOLVED by the Town Council of the Town of North Sydney that the €bllowing by-law be and the same is hereby enacted and the Town Clerk is Instructed to forward same to the Minister of Municipal Affairs with a request for approval hereof. By-Law No. GARBAGE AND REFUSE REX,0VAL L. In this by-law (a) "Council" means the Council of the Town of Horth Sydney. (b) "Garbage" means all rejected, thrown out, abandoned or discarded household, restaurant, hotel, shop, store or mercantile waste matter, whether animal or vegetable, other than the excretion of humans and animals; and shall include rejected, abandoned or discarded household furniture and furnishings, beds, mattresses and beddings, wearing apparel, floor sweepings, papers, paper cartons, paper boxes, barreliiq, boxes and other discarded or thrown out recepticles, but shall not include automobile bodies and automobile parts. (c) "Occupant" includes owner, agent of owner, tenant, house- holder, proprietor and person in possession. (d) "Premises" includes any building, place, dwelling, room, or rooms, apartment, hotel, motel, restaurant, ship, store, office, parking lot and the lands connected therewith and also lands under separate occupation or control. (e) "Refuse' means and includes, ashes, glans, crockery, tincans, bottles, household utensils; and also garden refuse and waste consisting of dead branches, leaves, bushes, weeds, plants and other abandoned or discarded non-conbustible and non- corrosive waste material and included within the weaning of "Garbage" and defined in clause (b) of this section. (f) "Sanitary Inspector" means any person authorized to act as a Sanitary Inspector in the Town of North Sydney. (g) "Town" means the Town of Worth Sydney, or any person, firm or corporation acting on its behalf. 2. The Council may by resolution provide dumps or places of deposit for garbage, ashes, cleanings of yards and other refuse and rubbish. 3. Under no circumstances shall garbage or refuse be placed in any place in any paper or cardboard carton. 2 - 4. The occupant of any prea lses, shall at his own expense and to the satisfaction of and as directed by the Sanitary Inspector clean up and remove such garbage and refuse from his premises. 5.(a)(1) The Sanitary Inspector may at any time by written notice order and require the occupant of a premises to clean up and remove therefrom all garbage and refuse, and every such occupant #bin~fails or neglects to clean up and remove such garbage and refuse within twenty-four hours of the service upon him of such notice shall be guilty of an offence against this by-law. (2) In the event of the failure or neglect of any occupant to clean tap and remove all, garbage one refuse from the promises occupied by him within twenty-four hours after the service upon such occupant of the written notice mentioned in sub- section (1) of this Section, the Sanitary Inspector may "causd all such garbage and refuse to be cleaned up aud..re- moved at the expense of_.sudh occupitir A"► -,thi 906.shall be, recovered by an action brought in the name of the Tovn in any court of competent jurisdiction, and every such occupant shall also be liable to the penalty hereinafter imposed for an offence against this by-law. 5.(b) The occupant of every promises in the Town of North Sydney shall provide sufficient and adequate receptacles or moa- t,ajaers for garbage and refuse which may accumulate from time to time from such premises, and which may be conven- iently placed and kept in receptacles or containers. 60 The receptacles or containers provided for garbage and refuse may be made of metal or plastic or other substantial material and shall be provided with proper covers which shall fit tightly over such containers. 7. The receptacles or containers provided for the purposes mentioned in this Sy-Law shall at .all times be Dept and maintained in good and sanitary condition by the owner thereof. . 8. All garbage intended for removal shall be thoroughly strained and shall be wrapped n paper and securely tied before placing same in the receptacle or container provided therefor. 9. If for any reason the contents of any receptacle or container shall become wet and of a fluid consistency the same will not be removed. - 3 - 10. No person shall place in any receptacle or container garbage or refuse intended for removal which together with the weight of the receptacle or container will exceed in weight forty (40) pounds. 11. All paper and earboard boxes or cartons shall be flattened out and together with all papers shall be securely tied into packages or bundles for removal. 12. Receptacles and containers and all other pieces or parcels of garbage or refuse for -eemoval shall be placed close to the street line or upon the property occupied by the occupant of the premises in which the garbage or refuse accumulated at a distance not ex- ceeding ten feet from the street line, or in such other places as designated by the Town. 13. No person shall permit any receptacles or containers containing garbage or refuse for removal to remain upon any promises under his control for a period longer than seven days without placing same for collection in the manner herein provided. 14. The collection of garbage and refuse will be carried out at the hours to be designated by the Sanitary Inspector, and the collectors Will collect the garbage and refuse placed for collection at or about the time so designated. All recepticles or containers emptied by the collectors shall be removed as promptly as possible by the persona so placing some, but in no case shall recepticles or containers be left longer than twenty-four (24) hours after being emptied by the collectors. 15. The provisions of this By-Law with respect to the collection and removal of garbage and refuse will not stay the operation of the provisions of Sections 3, 4, and 5 of this By-Law, and shall not excuse or relieve any person from the duties and obligations imposed by Sections 3, 4, and 5. L6. Waste material or rubbish left by any build6r or contractor or the owner of any promises following the construction, alteration or repairing of any building shall be removed by the builder, contractor or owner as promptly as possible and will not be collected by the Town. ...../4 - 4 - 17. Except for the purpose of collection as hereinbefore provided no person shall place or dump, or cause to be placed or dumped any garbage or refuse in any place other than the place or places of deposit provided for that purpose by the Council. 18. No person shall deposit or cause to be deposited on any place of deposit designated and provided by the Council any garbage or refuse after the posted deposit site hours without having received permission from such foreman or person in charge to do so. 19. 8o person shalltuespads upon or remove any materials from any place of deposit designated and provided by the Council unless authorised to do so by soma person amp", red by the Town to grant such permission. 20. No person, other than an employee of the Town authorized to do so, shall pick over, remove or otherwise interfere with any garbage or refuse placed for removal by the Town vhotherr or not the same is contained in reapptUles or containers. 21. Every person transporting or engaged in the business of collecting garbage or refuse shall conform to the provisions of the By-Lasa and shall provide a .covered vshiale, approved by the Sanitary Inspector secured against the possible loss of any of its contents vben picking up, removing or discharging garbage or refuse within the . Town. 22. Every person who contravenes or fails to comply with any of the provisions of this By-Law shall upon conviction be liable to a penalty not exceeding fifty dollars ($50.00), and in default of payment to inprisonment for a period not exceeding thirty (30) days. 23. All by-laws dealing with the collection and disposal of the garbage and refuse heretofore passed by Council, and all amendments thereto are hereby repealed. FIRST RWING: June 17, 1971. SECOND RAD10t June 17, 1971. THIRD RMWING: July 2, 1971. I, L. Clinton MacNeil, Clark of the Town of North Sydney in the Province of Lova Scotia, DO )HERESY CERTM that the foregoing Resolution was passed by the Tovm Crnmell of the Taim of North Sydney at a meeting of the said Council held on the 2nd day of July, A.D., 1971. Dated at forth Sydney, Nova Scotia, this 8th day of July, A. D. 1971. L. C11vtoa McNeil, Clerk of the Town of North Sydney, in the Province of Nova Scotia. DEPMTMENT OF MUNICIPAL AFFAIRS Recommended for approval of the NAnisler �u APPROVEDppthis..G3.. • ......�Y of........ 4Z4; ...................... .....nista.... µlnNter of Municipal llfFeln GRAVEL PIT BY-LAW BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF NORTH SYDNEY AS FOLLOWS: - 1. In this by-law "Gravel pit or excavation" means land from which gravel is extracted by any means whatsoever. . "Owner" means a person who is vested, either in whole or in part, of the land on which a gravel pit or excavation is operated or maintained. 2. No person owning land, either in whole or in part, in theTown of North Sydney, shall operate or maintain, or allow to be operated or maintained, such land as a gravel pit or excavation without first obtaining a written permit from the Clerk-Treasurer of the Town of North Sydney[. 3. Any person responsible for the making of a gravel pit or excavation or the owner of the property (if the gravel pit or excavation was made.-by or with the consent of such owner) shall restore such property to a condition no more unsightly or dangerous than before the gravel pit or excavation was made. 4. The Town Council'may instruct the Clerk-Treasurer of the Town of North Sydney to serve notice to such person or owner requiring such person or owner to remedy the condition within thirty days after the service of said notice, and specifying in such notice what is required to be done; such notice may served by being posted in a con- spicuous place upon the property or may be personally served upon the person named within. 5. In the event of the failure of the person so notified to comply with the requirements of such notice within thirty days after service, the Town Council may authorize any employee or employees of the Town of North Sydney to enter upon the said property and to perform the work required by the notice and the Town of North Sydney may recover the m st thereof from the person on whom the notice was lawfully served, by action commenced by the Clerk-Treasurer of the said Town of North Sydney in the name of tte Town. qq�� 6. After notice has been served under section--5;4 if proceedings are not taken under sectionjthe owner or other person who aids, assists, permits or causes a condition referred to in this By-Law or who fails to comply with the terms of said notice, shall be liable on summary conviction to a penalty of not more than fifty dollars and in default of payment to imprisonment for a term of not more than thirty days, very day during w ich such condition is not remedied is a fresh offence. Town of North Sydney approved as to fo-m nd 1*08utki I, CLINTON L. MACNEIL, Town Clerk of the Town of North Sydney hereby certify that the foregoing are true copies of a by-law which was duly passed at a Special meeting of the Town Council of the Town of North Sydney held at North Sydney on the Y day of #1#0*?/4L A.D. 1973. DATED at North Sydney, this 4th, day of April,: . A.D. 1973. Clinton L. MacNeil Town Clerk Town of North Sydney, I.S. BY-LAW RESOLVED by the Council of the Town of North Sydney 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 February. 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. 3. All previous by-laws, and amendments, concerning Instalment Billing are hereby repealed. DEPART MIENT OF MUNICIPAL A_FFAMS I, Angus Fleming, Town Clerk of the Town of North Sydney, do hereby certify that Recommended for the foregoing is a true copy of a by-law .ap ter passed at a meeting of the Town Council of the Town of North Sydney, duly called and :.............. held on the 19th day of October, 1989. D e pa rt m e n e a l 9 0 l i c i tc r - APPROVED this..... �"` y of........... ....... 19.g9 Town Cler .... .. . ...... ......... ........ •Mlnw-of M elpel ffaln MINIMUM STANDARDS FOR EXISTING BUILDINGS MIS Mgmgul , BE IT ENACTED by the T-Own Council of the Town- of Yarth Sydney. under the outhority of Towns Act as follawss I 1-.-short.lAxIs L. This By-Law shall be known and cited as the 'Housing and Building .Sta�idardst By-law". 11 (1_) The owners of buildings built prior t* March 170 :477 shall maintain thp:se buildinirs In accordance with the wtatsssdards as contained In Bart S of this By-law. (2) The odaupenta of 431. dwellings in the. Town of forth Sydney shall malntalin that portion of the dwelling within ,heir .enol-u sive. posssessi'ah In a-tcordance with the standards iontained In heart I of this. By-law. (3) All buildings built subsequent to the coming into 'ores, of this By-low shell be constructed and mai.ntaked in €m.pliance with the requirements of the. Building By-law for forth Sydney. (4) All repairs or alterations Reade to any building ihall be performed in comipllaniee with the standards as contained a the Building By-lav for North Sydney. ( � The standards of this By-law are minimum standards ind thisy Byl*w shall not be construed so as to lessen the �equl rementa presbribed for buildings, constructions, repairs and atertsttonis contained In the building: By-law for North Sydney. !. In this By-lsawr "Boarded up building" means a building for which the occupancy permit has bo'en withdrawn by written authorization ►y the Building Inspectoraid whish is bearded up so as. to ?estrict entramce in a manner a€ceptosble to the Building Inspector. ( "Building,* Includes a atruoture of any kind and wything affixed to or Int:egrated 'in a building that waasld, without spacial mention be tram€erred by a conveyance of the land on :hich such building it located but doed not Include a bUI14409, Ender construction or a boarded up building. trBuilding Inspector" melts than personap111WMt,0; . :he rows tounoil: to. be the Intspector of Building$ in the gowns forth Sydney. ( ) "Building under construdotion" .mean'a par1ti*-Uy completed be lding for which a valid building porMIt is still in lora" a and for vhith an occupanLCy permit hays not been granted._. (5) fteq tnGi4" meana tie T*vA Council for the Tova of {orth sydtaey. (6) T fling" includes any but1dift part of a building :sat, trailer, or other covering or structure. the whale or any iortionl of vhioh has been used, is used or is eapable, of being Lsed for the purposes of hUman habitation with the land and �rewiaas appurte at theret*4 (7) "Dwelling Unit" means a room or oulte, of roans mcupi*d or capable of being odaupi.ed as an independent and itpiarate house-keeping ostatbli :Ont. (8) "Exclusive ve pos:oessiou" aw'ans the ocoup.ancy of Memi les by someone other than the. ovaer by Uot ee of .s written Lease or by notice of the co anent of the vwnt#r. [�) ',Habitable' roam" mosus.:a rim designed for or which may be used for luting, 'sleeping, eating or took , ypj "Non-habitable roams m,eanO an area of a building tther than a habttgbie roam., is .a dwelling or dwelling unit, .and Lucludes tate, fol.la*Aug'I (a) ML bathroom or shaver r m (b) a toilet room (a) a laundry room (cid a boiler room (a) a furna", room (f). a pantry (S) a Closet (h) a oorridor (i) a foyer (1) o stairway (k) a lobby (1) a re eresti:on room:, or (m) other space for servi6os-. or t* tctt+enance of the duel li. or ansoe" to and vertical tto *i . between storoys. (ll) "Notice,, means a noti.oe of intention to revoke :t t moupancy permit for all.+eged violation of this By-law. (la) "oeouptxPy permit" is a permit obtained from the 3 )rfi:ce of the Building lnspeetbr, stating the uses that tats be wade of the building and may prescribed conditions under which suo K permit to issued and held.. (13) "Occupier" includes the resident of land or. if there is no resident, the person entitled to possession thereof. i lease holder* and a person having or enjoying for any way or purpose:, the use of land, otherwise than an owner. (14) "Owner" includes thy due or combination of the rollowingi W.. a person who is entitled to possession as tenant* in fee simple* for life. or For a term of not leas than twenty yearal (b) a mortgagee in possession= (e) where :the mortgagee of laud Is not in possession# the person entitled to the equity of redemption; (d) the pes~:son tinaging or receiving the. tent of the land or premises,. whether on his own aeeount or as agent or trustee of any rather person= (e) a person who is assessed for the building on the Assessment Roll of the Fawn as of the date of alleged`violation: (f) the person who is entitled to possession by reason of an `_agreement of sale between that person and the owner of the property. (15) "Person" means any person, male or female, and any sody corporate# and includes a partutrship, (16) "Repair" includes taking the necessary action to iring any building to the standards contained herein* including warding tip. (11) "Standards" means the standards for the maintenance ind improvement of the physical .condition and for the fits ess or rrcupancy prescribed for dwellings in Part 6 and Part 7 of this ly1aw. Part. General 2Uties_.agd.Rb izationffi ti. The owner of a building as herein defined shall, maintain the building to the standards as contained in Part 6 serein and failure to meet each and every standard as contained : 4 therein shall constitute a separate and clistinat offence . The 04-Cupant of a dw fling build.ing., or dwelling t .shall maintain that portion of the building under hit ws*I asivet poaisese;sibn to the standards as contained in Pant I of this By-1 w and failure to meet each and every standard as zontalned therein shall *OnStitut+e a separate: and distinct 5,. All repairs to a dwelling shall be nude in a vanner acevpted to good workmanship in the trade concerned and idth materials suitable and sufficient for the purpose, The owner of a dwelling as herein defined shall. abtain and maintain a valid oceuganey petit for the dvelling at sil ties.. Part .4 * QWgj.gXcXt b to Every dwelling to herein defined vhich uppeigrs on aha AS506 rnt "ll for tate Town of X*rt'h Syftey for the year 197 hall he dotmed to have an accupaanvy pe'rsait in fall for** and effeet as of the 17th day of Maroh, A.D. 1.077 (2) All ocaupgnoy permits not obtained aioaording to Mbsection (1) shall be obtained by sapplication to the office of Me RjAldim Inspector. 3. (l) The`bullding Inspector may refuse to Issue, dr ;syAC*l an occupancy permit if, in his opinion, the building f'a<ils. tomeet the regtdrements of this By-law or any other lacca or 3y-lava of the Tov a. W Bu4100t to beo#$du 1.1 (2), an ocaupancy permit, moo oat-oll.eds a 1 not ba rei, $tat44 by the Building Itpeotori. snlesse the building meet 8 all the rear rOmeuta Of this By-law unless notice .of his intention to do so Is given >o the owner at least ten (10) deers: beforehand* the Bu laa$ nispvdter shall not cancel an oocup,aACY Permit. ( ) They Notice rvgvired Under subseetion, (1) shall be. Leemed to have been prGWjy oep"d tf sent by prepaid ordinary . Nall to the address of the Ovbe C as it 8pgearson the latest ►iese##mtnt P.6.11 for the Sown. (3) unless the contrary is proven, any Notiee sent by mail tholl he deemed to be eerv:*E on the day the Notice would ,in he normal course of post be. delivered:, ( ) Not less than five. (5:) days prior to the date of tanoellat on of an occuptanccy perndt, that Inspector shall eaussle to 6 {2) (a) When the Building Inspector makes an order pursuant to subsection (Z)(a) of this seetion, the order shall ae in a vtrit't:+en form, diieeted to the ovner.. (b) When the Building Itnspeetor makes an order mrsuennt to su.baaectiou (1)(b) of this Section, the order shall )e in a written forth, directed to the oecucpa nt4 (3] The order of. the Building Inspector uiWer this Watfuh may be served in the same Wa +er as Notices Under xectiou ltl. PsCrt 6 � awneP's gtai�dard.s Bo The owner shall keep. all parts of the building, gxoept these 4thln the exclusive possession of an occupant, :bean *ad free froms (a) rubbish., garbage ami other . debris; (b) objects ,a4 oonditions* holes and excavations, that are health, fire or accident hazards... ;arbasce.2l QMaj is t1) Every building shell be provided with a garbage. niacXaeure. M The enclosure shall not be 1.06ated in a habitable m and shall be adequate to enalose one week's garbage of the lumber of people occupying the building. Me" L (l) The roof shall be kept wathorb3.ght and free. €rsm . leaks. (2) Every eavestrough, roof gutter and downpipe shall ye keit t (a) In good repsirt (b) in good working nrrder; (e) watertight and free from leakst (d) free from health sena accident hazards,, (3) Every roof shall be inept free froms (a) loose or unsecuir"ed objects and ma:terialst. (b) dangerous accumulations of anow or Leet (e) all other fire and .aeeident hassrds.. the components of every exterior wall of a building and the exterior wall shall be maintainedt (a) in good repairs (h) weathertight; (d) free, from loose or unsecured objects and materials; id to prevent the entrance of insects and reaentsl el to prevent deterioration due to weather$ 9nseets or animals. (2) Without restricting the generality of subsection (111 the Maintenance of an exterior ll includes the waterproofing of the wall and jolb%14 restotingt repairing and replacing Qfj (a) the wall; b the bricks and mortars C the stuocoo lathing and,, plester; (d the cl.addinaS (a the eopingi (f the flashing. Vo�ndolan Walls and rottndat an .gu000ra Zvery foundation wall forming part of a building ►hall bemaintained in good repair so_ as to prevent settlemont it the building or the ezitranee of moisture„ insects or rodents. (2) Without limiting the generality of. subsection (1) he maintenance of a foundation wail includes! (a) Jg ki .,up. under priuni:ng or shoring the walls where necessary; (b) replaoing subsoil drains at the footing; (c) grouting mtsotwy cracks; (d) waterproofing the vaall and joints, (3) All foundation suppoft forming part of a building. shall he maintained in goad repair so as to prevent settlement if the building. (4) Without limiting the generality of subsection (3) .hemaintenance of the foundation supoods IAcludess (6) repairing or replacing deoayed, damaged or weakened sills, piers* posts or other suppa'xist (b) making sills, piers* posts or other supports waterproofing, weatherproofing and insect proof by the application of paint or other suitable materiala; (o) using suitable means to Jack up or support the building where necessary. td. Every part of a building.mil be maIntainod In a €trtwtural:l:y+ sound condition.. and so as to be capable of russtsala ing safily its titan weight and ary load to wh ch it may to-rsrsal.l;y be stubjoet:ed. WOW Every basement, etl:lar..,crawl space and similar Otto,* sehg l be odegraateiy v til.ated to the outside lair and idetel.y drained. (2) Every floor. every Collins, bath sides of emery .nterier wall and the interior side of every exterior wall in a twte7llaz shall be maintained free from dampness. M Subsection (2) does not apply to$ (9) AW n"—babitab a room to a baieement or nell:arl M a garage. V"ry bollding sh4j.1 be seo. eonstr aatsed and Woteated is to prevent the Pasant vi nOXIOUS gaso# from a part xf the building that to not used, designed n7 intend" to be used �Or human habitation into ather parts of the building intended.* timed or designed for human habitation. r tIV 090 A A t.2, (i) All: erttealor VIA40WOo doors and hatchway* in a wildius shall bg maintained In good repair and veatherti.ght. (:1) Without roStrieting. the generality of subsection '1)# the arse3aterlianaerer uireo inam t (sad repal.r$g or te�xewing damaged, deca3+i or r'ottent (i door$$ (ji) door frstmes lend aaod-asst; (iii) window 46thda, and (iv). vindoV frames and easings. W refitting doors said WitadcwaI (o) Wither strpl : (d) repairing or replaning defective or missing door hovdvwe and defesatIve or missing window hoai W resla t :, and (f} us other mitable means of vreath rproof'its. ( j Every oveni mg in ari exterior wall that — (ra) is used or required for wat3ilatiOn or illumination$ (b) is not protected: by o vtindaw or door, mind (n) could permit the e0try of rodents.. or vert d., shall, be (d sore ed with Are stesh, metal grille, or other durable mat:eri:al# or (e) other-Ase protected to ss to effective-IV prevent the entry of rodents 03� verMIA. (a) M*" storm windows are .inotal:led in a btai.i,d ASA. jaoh wi,ndwvs shall bo j*3:ntalned in goad .ropalr avid.glanced, M All shutters an a building Shall be #kid4taiaed in mod repairs ($. ) Without restricting the gsnas'al.ity of SubSectioft the *ai.ntenambee to alu4a:sf (e) r:e0ai.r sir re�olabi dama d or dacatye smatters and hardware, and (h) Using other $"table mosAs to prevout doter"to ration dtse to vsoathar And. insects., .sk M The omner shank: VAintaib a safe, cQontilxuoug "4 obstructed passage. .front the eXter3or of each dvallivs unit In Mch building to tie exterior, oil oath building at street tar grade Lever ( The p"440 r4oared inst bsecti (i sbd31 not ,ase t gh. .a roc in they dwR�x��$. ttt�rt. 14. (1) Every, Statrwayt halooxtY Or porch ids, ati, or ppurtenatnt to a beildi' o shall be maint4ined .,. (8) in ood repair; (b) free from eee (ii) +eeksi (iii) exaessiVe Veer and wargingr and (JV) othox defeats that are oaaidegt be xd* ( :} Without iks toti the generality of -subsection I) the ma nrtananto lnal et (e) repOrirns 4r repla►olAs treads, risers Or, fl*4rgi hot show eve ve vear or aro broken: vaarped or l-ooi�es tlp �. (b) repairing, renewing or supporting structural members that are ratted, deterior ated or 106611; (e) painting, {3) Every open side of a stairway* flat roof to which access may be gained through a doorway, terrace, balcony, parch, landing or stairwell shall have. a rigid guardrail not less than three (3) feet high with an intermediate rail, or a balustrade in good repair firmly attached .so as to provide reasonable proteotioill against accident or injury, where (a) the vertical rise between the.base of the stairwa and the tats of the stairway exceeds four (4 feet, or (b) the.flat roof., terrace, verandah, porch landing.or stairwell — (i) is more than two (2) feet above the ground floor or other horizontal place below, and (ii) can be used by any person who is In* on or at the bulldfng. (4) Every stairway that does not require a guardrail or balustrade under subsection (3) shall .have a rigid handrail not less then three (1) Peet high in good repair on at least one side of the stairway firmly attached to as to provide reasonable support for person& using the stairway;. Wails .Sed-Cellingst 25. (1) Every wadi and ceiling in a dwelling shall be maintained in good condition and free from holes* craeks and loose plaster. (2) Every ceiling,, both sides of an interior stall and the interior side of an exterior wall in a dwelling shall be lathed andplastered or covered with other material having equivalent qualities. (3) Subsection (2) shall not apply to: �a a garage; bi any non-habitable room except a bathroom.# shover roost or toilet room, whose floor is below the finished gado of the adjoining yard, or (C) any attic space that is not used, designed or Intended to be used for human habitation,, Floors 26. (1) All floors in a dwelling shall be mai.�tsined free From% ; lx «. (a) l000e, scarped, protruding. broken or xrotted: boards., (b) holes or tracks* ('2) Whore a floor in a dwelling to covered with. linoleum or s' similar oovering that has become tarn or holed tb It tretain. dirt or is an accident ''hokordo, the.:covering shale be. repaired, replaced or removed. ( Every bathroom floor, shesor room door and rood floor in a dvoll ing shall be maintai nad U4 manner th4t perm�:ts. eaa3' cleax�.t�. (a:) Without restrittting the generality Of Suli".0ift4 (�D the maintenance includes 13€x$alliA ,, repairing, rofint i'na * replteing a floor or floor o6veri.ng that will. provide the rogoi d. �slditiQ�t173, iMANingV ,,, RUA. 7 ( ) Every firdpl:aee uogd.. capable of being used or intend t to be usod in a building for burning fuel :fin an open flra atoll be maintained in good repair and .sq to to prevent tho hotiva of adjacent aftib-patibler material or structural me hers to: unsafe temperatures rind shall be eff et�Uvel y, vented to the 4ttt$ide six by raeatis of a dhitunoy (2) in every butldinSt (a) equipment that burns fuel, (b) heating equipment, and (c) every gent pipe, chimney, smoke pipe, flue.. or dont, connected to such equipment, shall be so eanstruetad, pl:aced., protectted and malatained to good !epai7r as to prevent unsafe or dangerous conditions and the kntrauce of twxious gases into the dwelling. (3) Equipment that burns Fuel in a building shall be. effectively vented to the outside air by means of a chimney, a .fl.ul,. L smoke pipe, a vent pipe or a similar duet. (4) Without restricting the generality of Subsectibim 1) and. (2), the maintenimoe includee (a) Lining, �repa X'in5 8risl reliaing the fireplace with fire resistant material, (b) installing, repairlaS mid replacing the hearth of the fireplace, (c) clearing obstructions from the chimnot Out, smoke Olve on.,other dUct, (d) sealing open joints and repairing mASOA ,,. (a) using piping or duets of adequate size tot.is Ob coney, flue# smoke* pips, vett Pipe Or a a10l*r duct. (s) ftbaeotion (3) does not spply to at damestle �pp1l2'nc* used for Oook nS if the sppliilnte is 0400ta~v ted,, designed and use 4 as, not to regoi:re vvntl#$g* and (b) not used or intended to ba used for h-eating purposes. Wttm ww Every IIU4 ahall be provided wrath a heatiting ROOM able of Maintaining a room temperature of not leas than; W rahVePheit In all parts of all habitable roams, bathrooms and hdilo.t rooms, ih a dwalling at all times. ( The htaftna system shall be maintained In good r"air and working covdi.tjn snd estpable of heating the dwelling �afsi.y . } Where in a dwelling (a) s heating systo { or part of it, or (b) an auxilloy beatius ay em or part Of it bur" Or ie d sign t *r iint.eAded to burn solid or liquid rua, plane or raceptEacle for the storage of su:oh fuel shitil he ravided .and maintained in good oandtti.on In the dwelling and roperly Constructed to.-,as to be free from fir's or aeoident hazards All i uel«h am z applienc. .a equipmeat, aoaeas#riaa. CC}�W. installations in a building �sh"I be installed in good and r%manlike manner and maintained to good, repair and warkAus order.. (.$) ire there is Baal equipment in any 000tapi VOUIUS not 000upiedby the ovnor oiO the '*%mar is reoirrit- by he 14**6 or agreament OvoVi4lus for this ago upancy to provid+a'duel;: a adequate supply to iuel shall be avail:iabla at all times for sae*h• crtaipaeutr sdbjtet to the **O#ptlons pravtded to Section U. All o*nAs :ti:*4s hatlaven tai) heard ' 0040"t or G:hl cook tig eq pri t that bur, f car is dassig�atet or 40tend4d to bion liquid or ,gaseaus fuel a d'�eil3;ng, tho saur$e of liquid or gaseota's fUel #hall ba :maintained rigid agd.. o goad tepoi3r. 2) Natw tihst ct s $ubsection (1), an appravved flexible founeator maty ba ae.adto o o+r±t a gas ate�ve used only fc►r #odking putposoo to its sour t of gaseous fuel. k1! ��� r- i"=—It !I�lwT� 3D. (1) All plumbing In al bUllding Or dVeIlIAz# h*l.uding j lthf 4 fixtures, Oiling, water pipes., water 'ajo8et#. and o#' +et Lug Ijues to the water and sower systeits.v shall he Install.d d and: vaintaitwd in. goad working order and repair and free from le*s and other d+ef"or ts. ( A grater closet ors urinal 3n a d'atelling ahaii be located only vithtn a separate bathroom or toilet room, (3,) Sub jeot to Sub,sectiion M o n.'-wea basin that is �t gOOd working order, served with hot and ooxd ruminx eater, aid aonvActed tothe draj nago system for the dwelling shall be Lboated in eVsry POOM that contains a "iter Closet 46r A urf.nalI Nratvithstattding Subsection (S), wixere dEvrexx ntaint not more than threes (3) dwelling units, the weash bars thoroAn, referred *ay be lo.cated lr► root adjoining the room that 1,00t:ui a water closet or s urinal* (S) Every bathr and toilet room in u dwelling thql .. (a) be Iotatdd kithih tho main portion of 'thd building, (-b have provisions, for pr3:'i 40s. and (e) where the bathr*ora or t011et rdbM is 08106 ar to iAtertd;ed to be used by mars thou tine U roomer or boa.rder err by the Oddupawts of MOV,0 . the orte (l) d"Ilingmit6 hays an entro e fr60 ci common VSAaaSeway, h$Il*0;ty r uarridlor . or other "see- used in common .h' the Occupant.-' of the dwelling. s No person shall store or prepare food in a row that contains a water oio"t or a urinal. (9) An ad,equats supply of Vocable water shall be tvailabl+a at all tjares to all gl:umbi�ig fixture* located in a Ivellift, E ry ream jn a dloal ling unit in Which meals are �r*"red shall ba'Ve 4 ai* that tai is served with 'hcrt aunt en1,d rxt=u�3 water �b is canneoted to the sewer system for the bufld� .f tc is in good repair :an *Orking Order. (2) where more than t (2) porsono *00Opy .a 4041ivw. Mit, no parson shall store., provare or conk fond in a room In the niag wttt used for sleeping purposes, ➢) All eftel0ed apaooa within a dwelling shall be *do4uattly Ventilated and a.ctted$ of sufficient Sime to O}eMIt entry shall be provftd thereto and fitted vaith a door or panel to etch ae the Opening. 4. (i) in this ototiton, "Muitiole oecupSntay dwelli. " aea�p►a a dvolllrtg that 00nt4ns more. than three (9) du llift kini.ts or .In Vh1trh lad $a provided for more than. three (� roometo or boara*ro. (1) The standards provided by this seatton apply to .ultiplq gopup no-y dvvell;Lags Only* W Nothing In this sectiOn shall relieve any dvner of multiple a cupancy duelling ftom oompli.atoe *Ath all of the athor standards of this part, (4) Evor-y .. (e) corrldOr, (g) lobby, (f:) living room, W dining groom. (h) reergat an roam.. other area, teed In co on. by the oc oupotnt:s of a multiple oecsupanoy dweliitrg shalj be maintained In a clieain and Oanitary condition. (5) Without li.tn3,ting the generality of Subsection (4), »he maintenance inc3udest (a) regular oleauing of the floora and the walls.- W covering the floors QItth a durable material that is: free fr6m orackcs, holes or other defeat& that: retain dirt, or aro health_or accident hazardd x (+ ) eavoring the walls and oeilings with a ditrablo Ooot'ai that is a stent to. cracking, scratching. or breaking or alternatively,: regularly paltit:ing Or ,decoratingo so as to provide it finished .surf4at which can be, easily gleaned* (6) Every room used for sleeping purposes and over Ivelling Unit in a multiple occeparWy dveljiM, shall have at the antrance to the room or the dwelling unit, as the ca de may bet a ioor that closes soourely and that is fitted i4th proper ardwarer In good repair and working. eandition. (7) In every multiple dwelling, the facilities *+egai red by Seottaati 31 shallbe locaated and available to e4*14 Woupant of a multiple occupancy Owg1ling ou-t (a) tho raise 6torey at-, or (b) the next stoney up or down from the storey on which the raQm or duelling unit oeouplod by the Occupant is located, O lut 1101, to, big fibut. Off; 15r. No o ser ofa dwelling vhiah is used for the purpose of human habitation shall; di.sconxitet, shut off* remove, otherwl to discontinue or cause c,r permit the disconneation, &hutting offs removes or otherdisoontinuanto of any gaa, water-, stesm, eloottie paver, fuel oil or other sor,4*e or utility serving a dwelling except when aueh attion Is; necessary in order to safely make repa rw* rdplaoemeAts-, or alterations Los. at or Von the dwelling and then only after .person al, notice IS ieli:vered to the individual dvallingunits. and then only fOr the reasonable mi>aaittum, time that suoh action Is 'neoessory, provided that 'without l: suiting the' .generality of the f6vueking, an ova or Liable iron rates, for gas. watvr . .st+ aleatrio pavers fuel Al or other servrtoe or utility +rho falls to pal rotes with the result that the gas* w+ater:, et:e+ara.• +oeetrfe Polerr fol oil ar t#i ervioeduti] ty i dsroox Aocted„ shut offs ron oved -jr dlscoratinued $hall be deemed td:t►v.,q eanaed or permitted $00 } The owner shall 40t use Or permit the Use: of a ion.habit.atit raft. in a: building for a ItOltablg "00 p`!#1"ia<5s",;. (,f a The owner *11011: not use or permit the use of the '00m for sleeping purposes. (3) Whero a room or, part. Of a ram tri a dVe'llinS does ndtt° Ix:Geed 41 is height, the: floor(.j eA "'dAW .a to11� 8 thAt is tot more thgrx 4' 6" 4boVe, t*e fl*or AMIl aft he *dented In :tamputis g the floor area of the to= for the purpo:aeo Of wbsootioa (2) (8) yore the purposes of this sec'*n,. a room that Is ,:era thaWej feet to height Over more than oue,-half of the floor .- 19 - (c) maintained in good working order, and (d) capable of completely changing the air, in the laundry room at least once per hour. 38. (l) A dwelling shall contain at least erne toilet and me silk for each nitre (9)'persons living in the dvel.l. ng: (2) A 4vell.ing shall contain at least ane bath tub or shower for each nitre (9) persons living in the dwelling, (3) An occupant shall have access. to one bath tub 3r shover. (4) For the purposa of this Sections a family unit of Rare than trine (4) persons shall M444044 to be nine (9) persons. Exeept for g habitable roomt, no part of a dwelling. shall be used for steeping purposes. (2) (a) Subject to paragraph W. a habitable room . used for sleeping purpOSea i%h9ll have e,. flour area of at least forty (40) square :&#t for each dreupont. (b) A habitable room used f*V ateeOON purposes shall have a floor .area of at 144st OIXty (40) square feet. #. (1) A room shall have the f Ol.3:crVins md:Almraa dlmeuPions't W Iw lo.or Minimum AML. .. roilet Room (*Ath toilet only) I'D s . ft. ft collet Room (with mash:) 1.4 sq* ft. ft. toilet Room (Vith bath and hasin Dr shower and basis) 28 sq* ft* 4 ft,. A habitable roost 6.0 sq. ft. ft. (Z) The floor space at points Obere the zl*pUM Val.10.. pr Ceilings are teas than 41 6" abaVe the floor in a vertloal: dirvat of shall not be included in calculating tho floor area of any attic room. PARI-. Z 09999% 41:4 All parts of s building ah ora 000Upi ed by a person other than tho evaer as defined har'atin and vhi*i are in the excloSive possession of the 000up"t-A shall: be€ dept fro$ fro�l (a) rubbish, garUae 04 tither dobrial (b) objects and conditions that are health, fire.,. . or accident hazards. 12, All garbage, rubbish, and other debris shall he Rtored in the garbage enclosure provided by the ov ner. s2. The oCcup#nt of a dwelling unit sell Maintain a safe, continuous and undisturbed passage from the interior Of they swelling unit to the exterior of the duelling UnIt;. $4. Cookim, heating and domettles hot Water @e tdT*O#1tr coned and iottalled by the. o"upant shall be maintained in geed_ oorking order and repair.- #5. The otoupant of a dwelltng u%dt shall not eaause_ the.l mcupanoy crt the dwelling unit under his care or as rtrdl fid at-raveno_ of the standards in SeetUns 19 Old 40.. #6. The *ccupant of a building shall not pr are wd: to a room containing a water closet or urinal: 0. Enforcement of this By-lsvd shall be subJe*t ter iectionis 228 and 2Z9 of the Tose Act Chapter 3109, Rgvitead Statutes of Nova Scotia,* which is included its this bit-lava .sr:s Appy .TAH. ., 21 APPENDIX "A" B.Y-LAW NUMBER. ENFORCEMENT TOWNS ACT Special Penalty Re Building By-Law Chapter 309, Revised Statutes of Nova Scotia 1967 228. (1) Every person Who contravenes or fails to comply with any by-law of the town made ander the provisions of clauses (76), (76A) or (77) of Section 2.21 shall for each such offence be liable to a penalty of not less than one hundred dollars nor more than one thousand dollars and in default of payment to imprisonment for a period of not less than fifteen days nor nore than three months. (2) Every day during which any su-ch contravention or failure to comply continues shall be deemed a fresh offence. K.S., a. 349, s. 2281 1976, e. 4, s. 9. !23. (1) In the event of any contravention or failu" to :amply with any by-law of the town mads ander clause (76), (761A) ►r (77) of Section 221 the town may in its own name bring an tation or other legal proceedings. i-n respect of the same, which :he Supreme Court or a judge thereof may hear and determine at my time, and therein may, in addition to any other remedy or relief 0 (a) make an order restraining the continuance or repetition of any such contravention or failure; or (b) male an order directing the removal or destruction of any building or structure or part thereof, so contravening or failing to comply, or in respect of which any such contravention or failure has taken places anc. that uponfailure to comply with such order, the town council may remove or destroy or may aau�e to be removed or destroyed such b r l.di?€tg or any part thereof, at the expense of the owner of the scene; or (c) matte such other order as is required to enforce tne'.by.law., and as to costs, and as to the recovery of the expenae• of any such romoval or destruction, as to the Court or Judge seem right. (2) In the event of any fresh offence by the same person against the bylaw after any such .action or other legal proceeding has been eommeneed by the towns it shall not be necessary to brims any other action or proceeding, but the action ov proceeding already beguxt may be from_ time to time amended so - 22 .. as to Include subsequent violation$ of the By-law, and the court 3r judge shall therein hear and deal with the whole matter of such violations. (3) If no owner of any building or structure In respect of which any such contravention or failure to comply is taking place, or has taken place, can be found within the Town, the Town Council may post, or may cause to be posted, a notice Sf such contravention or failure, and of the intention to take proceedings in respect thereof, upon such building or structure and at the expiry of ten days from the first day of such posting any proceedings in respect thereof may be had and taken ex parte. (4) No action shall be maintained against the Town ar against any of its officials or agents for anything purporting to be done under or in pursuance of this Section or Section 228, R.S., C. 293, S. 249; 1857, C. S , S. 8. I, E/r w S'40 Clerk of the Town of North Sydney, do hereby certify kihat the above is a true copy of the by-law given first and second reading by the Town Council . of the Town of North Sydney at a meeting duly ll held and convened on the 17th day of February A.D. 1977 and passed with the third reading by the Town Council of the Town of North Sydney at-a meeting duly held.and convened on the 17th day of March, A.D. 1977. . ' Earl ow, Town Clerk f ipended te► d� y�1 of the Minis'.W i AM t 4f p'uida���f RESOLVED by the Town Council of the Town of North Sydney that the following bymlaw be and the same is hereby enacted and that the Clerk be and is hereby instructed. to forward same to the Minister of Municipal Affairs with a request for his approval hereof. BYE-LAW NUMBER . . . . MUNICIPAL LAND.TRANSFER TAX 1, Chapter 10 of the Statutes of Nova Scotia, 1968, An Act to Authorize a Municipal Land Transfer Tax shall apply to the Town of North Sydney, 2, The said Municipal Land Transfer Tax Act shall apply to the Town of North Sydney from the 1st day of June A.D., 1973, or the date of approval by the Minister of Municipal Affairs, whichever is later. I, Clinton MacNeil, Clerk of the Town of North Sydney do hereby certify that the foregoing is a true copy of a by,-law passed by the Council of the Town of North Sydney at a meeting duly held and convened on the 24th day of May A.D., 1973. DE ARTMFNT OF MUNICIPAL AFFAIRS GIVEN under the hand of the Town Cl — and under the corporate Recommended for seal of the said Town this 25th approval of the Minister day of May AID,, 1973, 1� A BY-LAW TO ESTABLISH THE NORTH SYDNEY POLICE COMMISSION 1. (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 the Mayor and all eight councillors who, together with a person to be appointed by. the Attorney General of Nova Scotia, shall be and FDrm the Board of Police Commissioners of the Town of North Sydney (hereinafter called "The Board") having all of the powers and duties of such a Board established pursuant to the provisions of Chapter 9, Nova Scotia Statutes of 1974, The Police Act and the Regulations made under the Police Act, as amended, 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 serve without remuneration. 3. The Board shall, at its first meeting of each year, choose its chairman and vice-chairman. 4. (a) Regular public.meetings _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 7:00 o'clock in the afternoon, .or at such other time or place as the Board shall determine, provide 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 operations. (c) The Chief of Police or Deputy Cinef of Police shall, whenever practicable, attend all meetings of the Board, whether public or in camera. �(�1) The Town Clerk or his appointee 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 shall constitute a quorum. 2 - 5. (a) The Board shall, each year, not later than the last day of February, submit to the Council for its consideration and approval its estimates of all moneys required for the year to pay the remuneration of the members and staff of the Polic Force and to pay for the accommodation, arms and equipment and other things for the use and maintenance of the force. (b) - The Board shall. submit to:-:the Council all proposed union or collective agreements for the Council's approval . of all financial matters contained therein.prior to the execution thereof by the Board. (c) Allcapital .equipment. proposed to be.. purchased by the Board,- having an indicated purchase price in excess of $1,000.00 shall be submitted'to the Council together with the recommendation of the Board for purchase consideration. 6. (a) The Board shall have jurisdiction without interference by the Council 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 ordinances, but the Council shall have the right to request the enforcement of such-statutes or by-laws a.s.may be required for the proper administration thereof within the town. (c) Notwithstanding the foregoing, the function of the Board on behalf of the Council shall primarily relate to the administrative direction, organization and policy n'quired to maintain an efficient and adequate police force. 7. (a) The officers, assistants and civilian employees of the Police 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 cause, 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 Police Commission. The Commission shall conduct a hearing therein and may confirm, overrule or modify such action and its decision therein shall be final. (c) 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 law and the maintenance of discipline within the force. 3 - (d) The Chief of Police or his Deputy shall give all necessary orders, directiors and instructions to the Police Force and no Board,member except when communicating a decision of -the Board, shall issue any order, directive or instruction to any member of the police force relative to his duties as a memberofthe force. 8. The Board shall not engage or enter into an employment contract with any person, corporation, partnership or agency whereby municipal police officers or services shall be provided. 9. (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 subject of the complaint, in which case it shall be dealt with by the Board. (c) The Chief of Police, or in the case of a complaint against the Chief of Police, the Board may investigage 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 counsel upon being informed of such complaint and during any investigation and hearing in respect of such complaint. (d) The procedures used in .dealing with complaints, internal discipline, and investigation shall be in accordance with the Regulations made under the Police Act. I, Earl :Snow, Clerk of:the Town of North Sydney, do hereby certify that :the above is a true copy of:the by-law given first and second reading-by Ahe Town Council of:the,Town'of North Sydney at a meeting-duly held:and convened:on' the 17th day of: February, A.D. 1977,:and passed with:the:third reading by:the Town Council of:the Town of North Sydney at a meeting:duly held and convened:on, :the 17th day of March, A.D. 1977 PPROVED BY: 3rry A:•Porter, Chairman Earl :Snow, Own Clerk ova Scotia Police Commission BY-LAW TO ESTABLISH THE NORTH SYDNEY BUSINESS IMPROVEMENT DISTRICT COMMISSION WHEREAS the Town Council of the Town of North Sydney has received a petition that conforms to Section 220 (A) of the Towns Act; BE IT THEREFORE RESOLVED that the following By-Law be and is hereby adopted, and is forwarded to the Minister of Municipal Affairs with a request for his approval thereof, and with a further request that he issue to the North Sydney Business; Improvement District Commission an Instrument of Incorporation. 1. There .is hereby established the North Sydney Business Improvement District Commission. 2. The membership of the Commission shall consist of two members at large and six persons representing the Business Improvement District. The eight person Commission shall include a Chairper- son, Vice-Chairperson, Secretary and five Directors. The Treasurer of the Commission shall be the clerk .or deputy clerk of the Town of North Syd4ey. All members shall be appointed by Town Council. 3. -The boundaries of the Commission are described in .Schedule "A" annexed hereto and forming a part of this By-Law. 4. Any vacancy on the Business Improvement District Commission, other than a vacancy resulting. from the f expiration of the term of office of a member of the Commission, shall be filled by a person appointed at the next regular meeting of the Council, upon recom- mendation of the. Commission, and such appointment shall' be for _the unexpired term of the member who created the; vacancy. 5. A Quorum for meetings of the eight members of the Commission shall be a simple quorum of five. 6. At the first public meeting in February of each. year, the "Nominating Committee" of the B.I.D. Commission shall recommend to Council, candidates for the B.I.D. Commission membership, specifying the full slate. 7. (a) Committees of the Commission shall contain at least one officer of the Commission and will meet at the discretion of the Committee Chairperson. (b) The,role of any .Committees of the Commission is only adv¢sory. 2 - (c) Regular public meetings of the Commission will be held on the 2nd Tuesday of each month, and the date, time and place of the public meeting shall ne adver- tised as least once in a newspaper circulating in the area not more than seven days prior to the date of the meeting. (d) The Chairperson of the.Commission shall be obliged, when requested to do so by three or more of the mem- bers of the Commission, to call a meeting of the Commission within. three (3) days thereafter, .and in the event of his or her refusal or neglect todo so, such members may appoint a time and place for holding such meetings and shall provide notice to the Chair- person thereof. i i (e) A Special Meeting of Officers of the Commission may be called, but no business shall be transacted other than that indicated in the notice calling such meeting. Notice of such meeting must be inserted in a newspaper as in Section 7(c) above. The Quorum for such a meet- ing shall be as stated in Section 5 above. 8. Meetings shall be conducted in accordance with the Rules of Order that apply to Town Council Meetings. 9. The objects of the Business Improvement District Commission are: (a) to beautify, improve, enlarge, repair, alter, equip, service, insure and maintain property owned or leased by it; (b) to beautify, improve and maintain property of the town as authorized by the Council; (c) to promote the Business Improvement District as a place for retail and commercial activity; (d) to establish or maintain parking facilities within the district; L0. A Business Improvement District Commission may; (a) acquire, accept or receive real and personal property of any interest therein, and dispose of the same when no longer required for the use of the commission. (b) use, apply or dispose of real or personal property, of any interest therein, in accordance with the terms on which it was acquired or received or for any object of the commission not inconsistentwith the terms of the acquisition acceptance or. receipt. (c) make grants to persons assessed-within the business improvement district for business occupancy tax or for real property tax in respect of commercial property, or to any organization incorporated for the purpose of promoting the district as a place for retail or commer-li activity. 3 - (d) do all other things necessary or incidental to the carrying out of the objects of the commission. 11. Each year the Business Improvement District Commission shall, on or before the first week of December, submit to the Council its proposed operating budget for the next year, together with an estimate of the business improvement rate required to be levied to raise the funds required to implement the operating budget as proposed. 12. An Annual Meeting shall be held at a. time and place to be selected by .the Commission and advertised in the manner described in Section 7 (c) above. THIS IS TO CERTIFY that the foregoing 'is a true copy of a 'By-Law passed at a duly �+ DEPARTMENT OF MUNICIPAL AFFAIRS •calledmeeting of .the Town Council of the"Town of Nort1L Recommended for Sydney ,du held on the go approval of the Minister day Of _ A.D.. ,II 1983. ^—..:............:....... Depa rimental Solitltor' - 1 ..-...day . . . APPROVED this......, ....: CLERIC.AN TREASURER ... ... ... ...... .... r o•M riklpel�Halra jl I: II . Il BY-LAW TO ESTABLISH THE NORTH SYDNEY BUSINESS IMPROVEMENT DISTRICT COMMISSION SCHEDULE "A" ALL that certain lot, piece or parcel of land situate, lying and being within the Town of North Sydney, in the County of Cape Breton, Province of Nova Scotia, bounded and described as follows:: BEGINNING at a point at the intersection of the southerly exten- sion of the Canadian National Railway Terminal's western boundary with the northern shoreline of North Sydney Harbour; THENCE running in a northerly direction along the western sideline of the said Canadian National Railway boundary to a point of in- tersection with the centre line of Pleasant Street; THENCE running in a westerly direction along the cenre line of Pleasant Street to a point at its intersection with the centre line of Caledonia Street; THENCE running in a southerly direction along the centre line of Caledonia Street to a point at its intersection with the centre line of George Street; THENCE .running in a westerly direction along the centre line of George Street and its extension, in a westerly direction to a point at the intersection of the centre line of Peppett Street with. the centre line of May Street; THENCE running. in a westerly direction along the centre line of May Street to a point at the intersection of the northerly exten- sion of the western property line of land owned in 1982 by Dr. Hugh Kirkpatrick; THENCE running in a southerly direction along the said western sideline and its extension to a point at the intersection with the:: northern boundary line of properties facing Queen Street; THENCE running in a westerly direction along the northern boundary: line of properties facing Queen Street to a point at its inter- section-with the centre line of Regent Street (and intended to include properties on both sides of Regent Street) ; THENCE running in a southerly direction along the eastern side- line of Regent Street to a point at its intersection with the northern shoreline of North Sydney Harbour; THENCE running in an easterly direction along the said shoreline to the point of beginning and being that portion of the town as outlined in red on sketch #BID-1. i Refer to file located in Clerk's office TOWN OF NORTH SYDNEY MUNICIPAL PLANNING STRATEGY Town Council on February 2 , 1989 BY-LAWS Re PENSIONS Deceased Employees DATE NOTES Refer to file in Clerk's Office DPceasPd Dame 1968 Harry Ivey 69 John Collins 197n Andrew Clark 72 Richard Hunt 74 Thomas Lamie 76 JnSPph Reid 78 William Wilkie 79 Thomas Clarke 1983 William Gove 83 Gordon Carter Reg McNeil 88 Edward Dunphy BY-LAW Respecting The North Sydney Fire Department BE IT ENACTED by the Town Council of the Town of North Sydney, under the provisions of Section 193, the Towns Actas follows: 1. PERSONNEL d CONTROL 1-1. The North Sydney Fire Department shall consist of not ■ore than forty ■embers including full-time employees of the Town of North Sydney engaged in fire protection services and members duly appointed as volunteers with the North Sydney Fire Department. 1-2. For the purpose of this By-Law, full-time employees of the Town of North Sydney engaged in fire protection services are deemed to be volunteer members of the North Sydney Fire Department. 1-3. The organization of the North Sydney Fire Department shall comprise the following positions: No. Full-time No. Volunteer 1 Fire Chief 1 Deputy Fire Chief 1 Assistant Deputy Chief 6 Captains 1 Driver-Mechanic 3 Operators 15 Drivers 12 Firefighters 8 New Firefighters 4_ 36 Total: 40 (Maximum) 1-4. All ■embers of the North Sydney Fire Department shall be subject to the control of the Fire Chief. 1-5. In the absence of the Fire Chief, all ■embers of the North Sydney Fire Department shall be subject-to the control of the Deputy Fire Chief. 1-6. In the absence of the Fire Chief and Deputy Fire Chief, all members of the North Sydney Fire Department shall be subject to the control of the Assistant Deputy Fire Chief. 1-7. In the absence of the Fire Chief and Deputy Fire Chief and the Assistant Deputy Fire Chief, the first Captain arriving at the scene, and who is not operating a fire truck, will be in charge. 1-8. All members of the North Sydney Fire Department must have a medical examination every 36 months, by the town Doctor. 2... - 2 - 2. OFFICERS 2-1. The Fire Chief shall be appointed by Town Council. When a vacancy occurs in the office of Fire Chief, ■embers of the Fire Department may receive preference for the position. The Fire Chief shall serve at the pleasure of Town Council. 2-2. The Deputy Fire Chief shall be appointed by Town Council, and serious consideration will be given to the recommendation of the Fire Chief. When a vacancy occurs in the office of Deputy Fire Chief, applications shall be called from within the Fire Department, provided, however, that an applicant to be eligible must have - (i) not less than ten years' service with the North Sydney Fire Department; and (ii) attended not less than 65% of the fires for the year prior to his appointment. The Deputy Fire Chief shall serve until his successor is appointed. 2-3. The Assistant Deputy Fire Chief shall be appointed by ■embers of the North Sydney Fire Department by way of election at a meeting of the Department duly called for that purpose. Nominations for this office ■ay only be considered if a candidate has - (i) not less than eight years' service with the North Sydney Fire Department; and (ii) attended not less than 65% of the fires for the year prior to his appointment. Should ■ore than one candidate be nominated, the members present shall proceed to choose one by secret ballot. The term of office for the assistant Deputy Fire Chief shall be three years commencing on the first day of January following the date of his election to office. 2-4. Six Captains shall be appointed by members of the North Sydney Fire Department by way of election at a meeting of the Department duly called for that purpose. Nominations shall be called for six Captains, which may only be considered if the candidates have - (i) not less than five years' service with the North Sydney Fire Department; and (ii) attended not less than 65% of the fires for the year prior to their appointment. Should ■ore candidates be nominated than required, the ■embers present shall ,proceed to choose the necessary number by secret ballot. The ter■ of office for each captain shall be three years commencing on the first day of January following the date of the election to office. 3... - 3 - 2. OFFICERS (Cont'd. ) 2-5. For the purpose of this By-Law, a quorum at meetings of the Fire Department duly called for the election of any officer shall be a majority of those firefights enrolled in the "Register of Firefighters in the Town of North Sydney", and actively serving as members as of the date notice was given for such meetings. ?-6. The Fire Chief shall designate one of the members to perform the functions of a Training Officer in addition to existing duties. ?-7. The North Sydney Fire Department shall designate. one or more of its members to perform the functions of a Secretary and a Treasurer, if applicable. The offices may be combined and held by one person. !-8. Should any officer become incapacitated, resign, refuse or is unable to act, a replacement shall be appointed or elected as soon,as convenient in the manner outlined. Any replacement so appointed for the office of Assistant Deputy Fire Chief or Captain shall be for the unexpired term of the person replaced. -9. Full-time employees of the Town of. North Sydney who are members of the North Sydney Fire Department shall be eligible for an appointment as an officer of the Department, provided that in the event of any legal strike or illegal walkout, any Union member serving in the capacity of Fire Chief, Deputy Fire Chief or assistant Deputy Fire Chief shall have as a first priority his position as an officer of the Fire Department, and shall in such conflicting and critical situations participate in a passive manner only and not in an active union membership manner. He shall and must be available for the safeguard of town equipment, life and property, and for confidential discussions with the Mayor, Town Council and Administrative Staff. ?-10. The appointment of any officers by way of election shall be reported to the Town Clerk by the Secretary within two weeks of the election date. !-11. For the purpose of this By-Law, in the event no driver is available, any officer may operate any vehicle or piece of equipment, provided he is qualified. !-12. In accordance with Sec. 188(1), the Towns Act, the Town Council shall annually appoint the Fire Chief, the Deputy Fire Chief and the Assistant Deputy Fire Chief to be firewards who shall have all the powers and duties as set out in Schedule 1 attached to this By-Law. 3. OTHER MEMBERS 3-1. Providing such does not conflict with existing Agreements with Local 7577 C.U.P.E., and Local 223, P.A.N.S., preference may be given to members of the North Sydney Fire Department if and when vacancies occur in full-time positions. - 4 - 3. OTHER MEMBERS (Cont'd.) 3-2. Fro■ time to time, and upon recommendation of the Fire Chief, sufficient drivers shall be appointed by the Fire Committee of Town Council to ensure that the maximum number (15) is maintained. The Fire Chief shall ensure that ■embers recommended for appointment as driver shall - (i) attend training sessions in driving and pumping per requirements of the Training Officer; (ii) have a valid Nova Scotia driver's license; and (iii) be medically fit. 3-3. Upon application (accompanied by medical certificate) to the Fire Chief, residents of the town may be appointed as new Firefighters of the Fire Department. The Fire Committee of Town Council shall appoint such members as recommended by the Fire Chief, provided - (i) not ■ore than two ■embers of the same family shall be members; and as of the date on which. this by-law is approved by the Minister of Municipal Affairs, a husband/wife and his/her spouse shall not both be ■embers at the same time, excepting that this shall not apply to individuals who became ■embers prior to 1990. (ii) not more than the maximum number specified as Firefighters and new Firefighters in subsection 1-3 of this By-Law shall be appointed. A new Firefighter shall serve for a probationary period of six months following which the Fire Chief shall recommend to the Fire Committee of Town Council either release or appointment as a volunteer Firefighter. 4. TRAINING 4-1. The Training Officer, in co-operation with the Fire Chief, shall ensure that training sessions dealing with all aspects of fire fighting, fire prevention, legislation and any matters pertaining to the efficient operation of the Department are made available to the members. 4-2. The Training Officer shall offer suitable courses for those members who signify an interest in obtaining an appointment as an officer of the department. 4-3. The Training Officer will endeavour to have a minimum of one training session per month. 4-4. The Training Officer shall provide the Fire Chief with all details of any proposed training programs for the ensuing year in sufficient time to allow the Fire Chief to seek approval of any necessary funds in the town's current estimates. 5... - 5 - 5. HONORARIA 5-1. Fro■ time to time, Town Council shall determine the amount of honoraria to be paid to membersof the North Sydney Fire Department as incentive for attendance at fires. 5-2. Payment of the honoraria shall be made individually to the members, based on attendance at fires during the twelve month period commencing on November 1st and ending on October 31st, and shall be subject to the following criteria: 65% attendance and over.............full stipend 50% up to 64.9%.....................25% reduction of stipend 35% up to 49.9%.....................50% reduction of stipend A Firefighter who retires at age 65 shall be paid full honoraria for the year in which retirement takes place, provided that the Firefighter has been a member of the Department for at least 10 years and has 65% or more attendance for the previous year. Retirees not to be replaced in the years of their retirement. 5-3. Any reductions fro■ honoraria due to lack of attendance shall be remitted to the Small Equipment Fund of the North Sydney Fire Department. 5-4. The Fire Chief shall be responsible for attendance records and shall have regard to the following factors which shall govern such records - (a) Full-tide employees of the town who are members of the Department shall have attendance based only upon those fires attended while not serving as a paid employee of the town; (b) Credits for attendance shall only be given for - (i) true alarm fires; (ii) no alar■ fires if firefighter has missed a true alarm in the same month; (iii) vacations; and (iv) sickness as provided in the terms of the sick leave policy, section 5-7, of this By-Law. (c) No credit shall be given for fires called in by phone between the hours of 8:00 p.m. and 8:00 a.m. (d) Only the ON-DUTY OPERATOR shall mark the attendance book. The Fire Chief shall cause to be posted quarterly attendance reports at the Fire Station and shall file a copy with the Town Clerk for presentation to the Fire Committee. 5-5. The annual attendance records for the Department shall be submitted to the Town Clerk on or before the 3rd day of November in each year. 5-6. The Town Clerk shall ensure that the honoraria are paid to the North Sydney Firemen's Club on or before the 15th day of November in each year. 6... - 6 - 5. HONORARIA (Cont'd.) 5-7. (a) Members of the North Sydney Fire Department shall be entitled to the following sick leave: 30 days per annum. (b) Sick leave days-are on a fiscal year basis, are non-cumulative, and in any one year the maximum sick leave days to be allowed shall not exceed thirty ,(30) days. (c) Any ■ember of the Fire Department requiring additional sick leave ■ay request so in writing to the Fire Chief, at which time consideration may be given. (d) At any given time throughout the year the Fire Chief may review a ■ember's sick leave .to ensure it is not being abused. (e) Any member found to be abusing his sick leave shall be subject to dismissal from the Department pending a review by Town Council of his past record as an active fire fighter. (f) Any member requiring sick leave shall notify: Fire Chief Upon notification, sick leave will go into effect and remain in effect until the above has been notified otherwise. 6. REGULATIONS 6-1. All ■embers of the Fire Department shall be enrolled by the Fire Chief in a register to be kept by him for that purpose, which shall be in the following form: Register of Firefighters in the Town of North Sydney "We, whose names are subscribed hereto, agree severally to serve the Town of North Sydney as Firefighters, and severally agree to observe and obey the commands and orders of the officers of the Fire Department, and faithfully observe all ordinances, rules and regulations of the Town of North Sydney touching our duties as Firefighters." 6-2. All members of the Fire Department who may have occasion to use any property of the Fire Department shall take good and proper care of such property, and said property is not to be lents given away or used except in the services of the Fire Department. 6-3. Any member of the Fire Department who is convicted of the offence of theft is subject to instant dismissal. 7... 7 - 6. REGULATIONS (Cont'd) i-4. Any ■ember of the Fire Department who - (i) attends a fire in an intoxicated condition; and/or (ii) has less than 35% attendance at fires in any year; and/or (iii) has committed any act unbecoming of a Firefighter. shall be suspended by the Fire Chief and is subject to dismissal by Town Council upon recommendation of its Fire Committee. i-5. Any member of the Fire Department wishing to have any matter pertaining to the operation ,of the Department .brought before the Fire Committee of Town Council may do so by application in writing to the Fire Chief. Two officers of the Fire Department, in addition to the Fire Chief, may attend the meeting of the Fire Committee when such matters are on the agenda. i-6. Any member of the Fire Department, upon written application to the Fire Chief, may be granted a Leave of Absence for good reason. the Fire Chief shall., not later than one month of the date of such application, report to the Town Clerk action taken with regard to all such applications. ;-7. Any complaints or disputes that may arise between any of the officers and Firefighters, or between Firefighters, shall be heard and determined by the Fire Committee of Town Council, where the determination thereof is not otherwise provided for, and such determination shall be subject to the approval of Town Council. 6-8. For reasons of safety, no member of the Fire Department shall be permitted to have a beard, or hair extending below the bottom of the ear. 6-9. The Fire Department shall have the power to make all necessary By-Laws and regulations for the management and control. of the internal affairs of the Department, and such By-Laws and regulations shall be passed upon by Town Council before coming into force. 6-10. The Fire Comrittee of Town Council is hereby empowered and authorized to make, from time to time, such rules and regulations for the government of the Fire Department as. are not embraced in this By-Law and which they deem necessary, the same to be approved by Town Council. 7. MISCELLANEOUS &_I. This By-Law shall be subject to the provisions of the Labour Standards Code Act and Regulations thereto. 7-2. Where there is any conflict between this By-Law and any Provincial Statute or Union Contracts, the latter shall apply. - 8 - B. REPEAL 8-1. Chapter XXII, "Fire Department", of an Ordinance Consolidating and Revising the Ordinances of the Town of North Sydney, passed in Town Council and approved by the Governor-in-Council on June 324, 1905, is hereby repealed. 8-2. The By.-Law respecting the North Sydney Fire Department, passed by Town Council and approved by the Minister of Municipal Affairs on May 21, 1981, with amendments also passed by Town Council and approved by the Minister of Municipal Affairs on September 3, 1981, and May 27, 1982, respectively, is hereby repealed. - 9 - BY-LAW Respecting The North Sydney Fire Department SCHEDULE 1 1) When any fire occurs, the firewards or any person acting under their direction or authority shall endeavour to extinguish and prevent the spreading of the same and for such purposes shall have power (a) to command the assistance of persons present and of all inhabitants of the town; (b) to remove property from buildings on fire or in danger thereof; (c) to take charge of such property; (d) to enter, break into or tear down any building; (e) to exclude persons and vehicles from the vicinity of the fire; and (f) generally to do all things necessary to carry out such powers. (2) In the absence of all firewards, the captains of fire companies shall, until a fireward arrives, have all powers of firewards at any fire. THIS IS TO CERTIFY that the .foregoing is a true copy of a By-Law duly passed at a duly called meeting of the Council of the Town of North Sydney duly held on the 21st day of October 1993. GIVEN under the hands of the Mayor and the Town Manager and under the corporate seal of the Town of North Sydney this 26th day of October, 1993. OF fAUNICiPAL AFFAIR$ ` scc!mPnded for MAYOR - ".tV�; of the Mrrder i TOWN MOSGERAPPROVED U�f..... . Ngown.loeaY<£a�3.. TOWN OF NORTH SYDNEY BY-LAW RESOLVED BY THE Council of the Town of North Sydney that the following By-Law is hereby enacted, and that the Town Manager forward two (2) duly certified copies to the Minister of Municipal Affairs with a request for her approval thereof: PARKING METERS WHEREAS the Town of North Sydney has installed parking meters upon certain public streets and highways within the town and individual parking spaces have been painted or marked off upon said streets and highways adjacent to the curbs or sidewalks thereof, and a parking meter has been installed - within the bounds of each such parking space, and relating thereto. AND WHEREAS Section 152 of the Motor Vehicle Act provides that the Traffic Authority of the said town may make regulations prohibiting or restricting the parking or leaving standing of vehicles upon any highway or street thereof within the limits of the said town and as a part of such regulations may prohibit or restrict the parking or leaving standing of vehicles upon any said highway or street except in accordance with a sign or device on a parking meter. THEREFORE, IN PURSUANCE OF THE PREMISES and the power and authority in me vested under the provisions of Section 152 of the Motor Vehicle Act, I, the undersigned, Joseph Meaney, as Traffic Authority in and for the Town of North Sydney, do hereby make and establish the following regulations. 1. APPLICATION The public streets and highways in the Town of North Sydney and the parts thereof to which these regulations apply, are those public streets and highways upon which parking meters are now or shall hereafter be from time to time installed. 2. PARKING SPACE A parking space shall be designated by lines or markings placed or painted upon the street or highway and having installed on the curb or sidewalk within 15 feet of such space and within the lines or markings thereof or their prolongation a parking meter and such parking meter shall be deemed to relate to such parking space. It shall be an offence against and a violation of these regulations for any person to park or leave standing any vehicle in a parking space without first having placed such vehicle entirely within the area designated by such lines and markings. 3. PARKING ACROSS LINES OR MARKINGS UNLAWFUL It shall be an offence against and a violation of these regulations for any persons to park or leave standing any vehicle or any part thereof over or across any such lines or markings. — 2 — 4. WHERE PARKING SPACES ARE PARALLEL TO THE CURB OR SIDEWALK Wherever parking space as hereinbefore described is parallel to the adjacent curb or sidewalk, it shall be an offence against and a violation of these regulations for any person to park or leave standing a vehicle within such parking space and failing to place the foremost part of such vehicle to the foremost part of such part of said parking space. 5. DIRECTION OF PARKING METERS Each parking meter installed shall have thereon an appropriate sign or device stating the parking time permitted in the indicated parking space to which it relates. When in operation each parking meter shall indicate by the dial or pointer thereon the period of time during which parking is permitted in the parking space to which the parking meter relates and shall upon the expiration of the period of time permitted for parking indicate that parking in such parking space is in violation of these regulations. 6. FAILING TO COMPLY WITH DIRECTION ON PARKING METERS It shall be an offence against and a violation of these regulations for any person to park or leave standing any vehicle upon any public street or highway in the Town of north Sydney or any part of any such street or highway where a parking meter has been installed and fails to comply with the direction set forth on such parking meter. 7. PARKING RESTRICTED TO DURATION OF PARKING METERS The parking or leaving standing of any vehicle on any parking space provided by these regulations or by any By—Law of the Town of North Sydney shall be restricted to the directions set forth on the parking meter relating to such parking space. The time mentioned and referred to in these regulations shall be the time as more particularly set out in paragraph 13 herein. 8. FAILURE TO DEPOSIT COIN OR COINS It shall be an offence against and a violation of these regulations for the driver of any vehicle to park or leave the same standing in any parking space and failing to immediately deposit in the parking meter relating to such parking space a coin or coins of lawful money of Canada of sufficient value to permit the parking.or leaving standing of such vehicle in such parking space for any period of time established by these regulations and as shown by the direction set forth upon such parking meter. - 3 - 9. IDENTIFICATION MARKER It shall be an offence against and a violation of these regulations for any driver of a vehicle to permit the same to be parked or left standing in any parking space while the IDENTIFICATION MARKER is visible on the observation window of the parking meter relating to such parking space. 10. UNLAWFUL TO DEPOSIT SUBSTITUTE FOR COINS It shall be an offence against and a violation of these regulations for any person to deposit or cause to be deposited in any parking meter installed on the public streets or highway in the Town of North Sydney any disk, slug, device, metallic substance or other substitute for the coins permitted to be deposited in accordance with these regulations. 11. PARKING OF CERTAIN VEHICLES RESTRICTED No vehicle of such an over-all length as cannot be parked entirely within the markings or lines of one parking space, shall at any time be parked or left standing on any public street or highway in the Town of North Sydney whereon parking spaces have been marked off and parking meters installed, provided however that this provision shall not apply to commercial vehicles actually engaged in loading or unloading goods, wares, merchandise or other materials. 12. MAXIMUM LIMIT FOR PARKING Not withstanding anything contained in these regulations no person shall park or leave standing a vehicle of any kind in any parking space as aforesaid unattended for a period of time longer than that designated on a parking meter, that is to say: (A) For a period of time longer than two hours on any of these streets alongside or adjacent to designated individual parking spaces as so determined by the Traffic Authority of the Town of North Sydney from time to time or for such other places as the Town Council may by resolution decide for the deposit of: 5 cents for 15 minutes 10 cents for 30 minutes 25 cents for 60 minutes This section shall apply to the parking of vehicles from 8:00 a.m. to 5:00 p.m. on Monday, Tuesday, Wednesday and Saturday, and from 8:00 a.m. to 9:00 p.m. on Thursday and Friday. It shall not apply to the parking of vehicles on Sundays or legal holidays. - 4 - 13. VOLUNTARY PAYMENT OF PENALTY 1. Where a vehicle is found parked in contravention of these regulations, any police officer finding the vehicle shall attach to the vehicle a parking ticket in the form of a serially numbered notice stating: (a) The license number and a concise description of the vehicle; (b) That the vehicle is unlawfully parked; (c) The date, time and place of the alleged offence; (d) That the owner, or operator thereof may report to the Town Hall within tend days, exclusive of Sundays and Holidays, after the days when the ticket is attached, to make a voluntary payment of the penalty; and (e) That in the event of a failure to so report and make such payment a summons will be issued. 2. The parking ticket shall be prepared in duplicate and the police officer shall attach one copy to the vehicle and deliver the other copy to the designated official on duty at the Police Department, North Sydney, Nova Scotia. 3. The owner, or operator of the vehicle may within ten days after the day when the ticket was attached to the vehicle, report to the designated official on duty and pay to the person designated to receive such payments the sum of five dollars ($5.00) Dollars, ten dollars (410.00) if .paid after ten days, plus all accumulated fees or charges for parking such vehicle which shall be accepted as the payment and shall be a full satisfaction, release and discharge for all penalties and imprisonments incurred by the person for the violation in respect of the alleged offence and a receipt therefore shall be given to the person making the payment. 14. THE OPERATION Regulations and use of all parking meters installed in the Town of North Sydney shall be under the management, supervision and direction of the Traffic Authority of the Town of North Sydney. 15. IT SHALL BE THE DUTY Of every police officer or constable of the Town of North Sydney and any person or persons appointed by the Traffic Authority to inspect and examine all parking meters installed and all parking spaces marked off in the Town of North Sydney and report all violations of these regulations. 16. PENALTY Any person convicted of an offence against these regulations shall be liable to the penalties provided therefore by subsection 9 of Section 152 of the Motor Vehicle Act. — 5 — 17. REPEAL OF FORMER REGULATIONS All regulations respecting parking meter zones and parking meters on the public streets and highways of the Town of North Sydney hereto fore made and established by the Traffic Authority of said Town are hereby repealed and the foregoing regulations and restrictions substituted therefore. MADE, ESTABLISHED and PUBLISHED by the undersigned, the Traffic Authority in and for the Town of North Sydney, by virtue of the powers in that behalf vested in me as such Traffic Authority by Section 152 of the Motor Vehicle Act, this 28th day of March A.D., 1994. seph Meaney Traffic Authority in and for the Town of North Sydney in the Province of Nova Scotia THIS IS TO CERTIFY that the foregoing is a true copy of a By—Law duly passed at a duly called meeting of the Council of the Town of North Sydney duly held on the 28th day of March, 1994. GIVEN under the hands of the Mayor and the Town Manager and under the Apppoved WS seal of the Town of North Sydney this 29th day of March, 1994. ........�.q� . .day of.... 19... _.,1 ..... MAYOR �i r of Tfeinportatlon and Communications TOWN ANAGER By..LAW relating to as Employee*s Pension Plan in the Toga of North 3y40Sy. Be it ordaiued by the Tawm Count Of the Town of North Sydney as f0110mg 1, T_>Ri�hT than Town of North Sy4ney be empowored to enter into a Co►tract concernins an >tployool s Pension Plan with an insured suthorixed to do bu,siaoss in the Provinoo of ' a Seotia. 20 _TI*T attached hereto as Appendix l Ija a copy of the eontraet between theTaos of North sydnoy and London Life Insursaao C,aoapany rolating to all sattars cAmoorning the said ftployee Pension. Plan between the Torun of North Sydney and its employees. 1# Earl, S t!#. Timm Clerk of, the Town of North Sy4neys hereby certify that tho foresol" is a true copy of a ly-Lair Vhich wan passod at a meeting b the TomCouncil of the Tegm of North Sydney, duly 041104 halal on tho 21st day of MAY# 1981. DEPARTMENT OF MUNICIPAL AFFAIRS ,. .Recommended for >tarl Snow, Town Clark approval of the Minister .......................... .. ���o,tal,Safic ar APPROVED �NnY'•f+�'�/t+iC1(alf f'aIYS RESOLVED by the Town Council of the Town of North Sydney pursuant to Section 123 (2) (b) of Chapter 309 of the Revised Statutes of Nova Scotia, 1967, the Towns Act, that the following by-law be and the same is hereby enacted and that the Town Clerk be and he is hereby instructed to forward the same to the Minister of Municipal Affairs with a request for his approval thereof. PLEBISCITE BY-LAW 1. The approval of the voters of the making of any application for any of the purposes mentioned in Section 123 of Chapter 309 of the Revised Statutes of Nova Scotia, 1967,.the Towns Act, shall be given by a plebiscite of the voters held for that .purpose under the provisions of Sections 123 and 124 of the Towns Act. 2. Where a plebiscite of the voters is held, the vote shall be taken between the hours of nine o'clock in the forenoon and six o'clock in the afternoon of the day fixed by the Town Council. 3. The notice of the time and place of the voting shall be in accordance with the Towns Act and shall be published in accordance with the resolution of the Council. 4. The voting at such plebiscite shall be in accordance with the by-laws of the Town. 5. After the day has been fixed for the holding of a plebiscite under the provisions of Section 124 of said the Towns Act, the Town Clerk sball cause to be printed a number of ballot papers not less than the number of persons on the list of voters prepared by him under the provisions of Section 123 of the Act. 6. The ballot papers may be in a form as contained in Schedule "A" hereto annexed, or to the like effect. 7. The Town Council shall appoint one or more officials to receive and conduct the vote in the places provided by the Council and any officials so appointed-shall be entitled to the same remuneration as that payable to and shall have the same powers and privileges as the corresponding officials in the case of an election for mayor and councillors. ... 2 - 2 8. The Town Council shall provide a suitable place or places in the Town, or in each ward of the Town, in which the vote upon the question may be taken. 9. Sections 42 to 45, both inclusive, of said the Towns Act shall "mutatis mutandis" apply. 10. At the time fixed in accordance with the resolution of the Town Council; the poll shall be held and the votes shall be taken by ballot. 11. At the close of the poll, the presiding officer shall, in the presence of the scrutineers, if any have been appointed by the Council and the poll clerk, open the ballot box and count the votes. 12. The poll clerk, and the scrutineers, if any, shall keep tally of the votes and at the end of the counting, the presiding officer shall declare the result. 13. After having ascertained the-number of votes polled, .the.number of votes "in favour", the number of votes "against", and the number of spoiled ballots, the presiding officer shall return.all .the ballots to.the ballot box and seal the same, and he shall deliver the sealed ballot box and a written report.,of the voting to the Town Clerk who shall retain.the same in his custody for a period of twenty-one days when, if not called upon by competent authority to produce the same, the Town Clerk may destroy the ballots. 14. Printed directions in the form in Schedule "B" hereto annexed, or to. the like effect, shall be posted up at the place of voting. 15. All previous by-laws and all amendments relating to plebiscites are hereby repealed. SCHEDULE "A" Form I Do you approve of the proposed borrowing pursuant to Chapter 193 of the Revised Statutes of Nova Scotia, 1967, of a sum not exceeding YES Dollars ($ ) for the purpose of NO (see Section 5, Municipal Affairs Act) If you approve, mark "X" in the space opposite the word "Yes", and if you disapprove, mark "X" in the space opposite the word "No". Form II Do you approve of the application to the Legislature for special legislation to enable the Town of North Sydney to borrow a sum not YES exceeding NO Dollars ($ ) for the purpose of (see Section 5, Municipal Affairs Act) If you approve, mark "X" in the space opposite the word "Yes", and if you disapprove, mark "X" in the space opposite the word "No". (Note: - If circumstances require, these forms may be combined into one question authorizing both the application to the Legislature and the proposed borrowing.) SCH 'EDU'LE "B" Directions for the Guidance of Voters 1. The voter will go into a compartment and with the pencil provided in the compartment, place a cross (thus "X") on the right hand side, opposite the word "Yes" if he votes in favour of the proposal, and opporite the word "No" if he votes against the proposal. 2. The voter will then fold up the ballot paper and deliver it to the presiding officer and forthwith quit .the polling place. 3. If the voter inadvertently spoils a ballot .paper, he may return it to the presiding officer, who will , if satisfied of such inadvertence, give him another ballot paper. 4. The following form of ballot paper is .given for illustration. The voter has marked his ballot in favour of the proposal: Do you approve of the proposed borrowing pursuant to Chapter 193 of the Revised Statutes of Nova Scotia, 1967, of a sum not exceeding YES Dollars ($ ) for .the purpose of (see Section 5, Municipal Affairs Act) NO If you approve, mark "X" in the space opposite the word "Yes", and if you disapprove, mark "X" in the space opposite the word "No". I, Earl Snow, Town Clerk of the Town of North Sydney, in the County of Cape Breton, hereby certify that the foregoing i:s`a true copy of a by'-1`a'a'`'gJven first and second reading by the Town Council`of the-Town of North Sydney at a duly convened meeting duly held on-the 4th day of August, A.D. 1977, and passed with third reading by the.T.own Council of the Town of North Sydney at a duly convened meeting. duly held on the 18thday of August, A.D. 1977 Town Clerk BY-LAW RELATING`TO CLOSING'OF'SHOP-S r Towns Act. Section 221 (74) . . BE IT RESOLVED by the Town Council of the Town of North Sydney 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 , I •. The by-Taw entitled "A By-law Relating to the Closing of Shops" and relating to certain shops, stores or places in the Town of North Sydney, as approved by the Lieutenant Governor in Council on the 5th day of November, 1920, is hereby repealed. THIS IS TO CERTIFY that the foregoing , is a true copy of a by-law given first and second reading at a duly called meeting of the Town Council of the Town of North Sydney duly held on the 7th day of June, 1979, and passed with third reading at a duly calTed - -- ---- ----- _'_ meeting of the Town Council of the DEPARTMENT OF MUNICIPAL AFFAIRS Town of North Sydney duly held on Recomrnended Ior the 21st day of June, 1979. �..._ . approval of the fA1,0"Or _rte, GIVEN under the hand of the Clerk and . under the seal of t he Town of North Sydney, this 22nd day of June, 1979, APPPCOVED the o of �. ... r....,19.7 11 b� f PafAff9v46ai CLERK SUBDIVISION REGULATIONS TOWN OF NORTH SYDNEY IN THE MATTER of the Planning Act , and in the matter of the Town of' North Sydney . The Council of the Town of North Sydney , having requested the Minister of Municipal Affairs to prescribe re.guia.t.ionswith respect to subdivision , the Minister , pursuant to Section 49 of Chapter 16 of the Act of 1969 , the Planning Ac.t, repeals-. the subdivision regulations prescribed on January 14,;: 19:72. and.: hereby prescribes for the- Town of North Sydney the.. following- regulati'ans respecting subdivisions of land : Su,bdivision Regulations (prescr1ibed. under Sec.t:ion 49 of Chapterl 16 of the Act of 1969 , the Planning Act. ) Procedure to be- adopted for- tentative plans 1 . Persons proposing to subdivide property shall submit ten (10� .copies "of` ten~tative= plans- of the proposed subdivision to. 't.he- Development Officer for approval . Where the plan of sub.d.ivi s:_i on- divid.es' land- into four lots or 1 ess., a.ndwhere no roa.ds', and. no c.e.ntraa water, and sewer services are required to be c:ons:truc't_ed,. the D.evelo.pment Office=r may waive the: require-- ment that tentative plans be submitted. 2.. The Deve-lopment Officer , or if there be no Development Officer, the. Clerk, pursuant to Section 49( 3 ) of the Planning Act , shall within four (4) weeks of receipt of all the information asked for, approve the tentative plan or notify in writing , the person submit.t:i.ng it the objectionable features of the plan . 3. Tentative plans submitted must be drawn to a scale- of not. smaller t-h-an 1 :1 ,000 , may be based on deed description of the pro-perty to be subdivided , preferably but not ne.cessa.rily as surveyed ,:. sha l be a.c:com-pa:ni ed b-y a location map of a. scale not smaller than 1 :.15,8.40 ands-hall show the following : a:) n.am.e of _the. pro poseds.ubdi vi s.i on a.nd- names a:ddress:es a.nd:: te-l`e.pho:ne. numbers o.f- the sub dlivid`er° and, t:he: surveyow or engineer ; b ) n-ame a.nd address of owner if he is notthe: su.b-divider or- the submitter; c ) name of owners of ' all abutting properties and existing uses of the properties ; d ) -area of proposed- subdivided- site and existing use , and any exis.t.ing- buildirrgs ; e) proposed number,. size , and shape and area of lots.. and bl'o.cks.,;: f) each lot numbered- for i den ti fi cat.i o,m;. g) proposed use of- each block and lot; h) proposed width, grade and location of existing andproposed streets , intersections and turning circles; i ) availability andnature of water supply; j } existing and pro-posed sewage: favi 1 i ti es; k) location of, existin.g streets, highways , rail roads and utility fines andaccess to existing., streets and highways; 1 ) contours- at two (Z:) meter intervals when requested :6 by the. Dev.e.to:pment Officer as neces-s-ary to deter-• r f n e: roa.d:` g,radJ e:nt. a ndl o r.-. dra.i nag:e pa.t.tern ; m). areas , if a.ny r. es_erved for public purpos:es;. n). north point, sea=l e: and. date; o) Takes, streams, wa_te.r courses swamps , rocky .areas, wo.o.ded- areas ,. -areas subject t.o flooding or other natural featur-es: which might. affect the layout or the provision. of services to the area where the sub- d i v i s-i o m is., 1 o ca::ted;: p) any other information which the. O.e.velopment Of-fi-cer deems necessary to judge whether a. plan of s.ub-- divis-ion sa.t.is_ftes these subdi-vis-io-n reguTa.t.ions.;; . and q..) if ' the applicant is not the owner, then the written a.u-thority from the owner to the applicant 3 Wher, the Development Officer or the -Clerk , as the case may be ,- is satisfied that a tentative plan contains the information required by Section 3 , . he shall forward a copy of the pian to the following for their- comments and recommendations : a ) Department. of Health b ) Department of the Environment c) Town Engineer d� - Di-r-ecto-r_-of-.Rer-r_eatioa-____ _ (2 ) No approval of a: tentative or fina_1 plan of Subdivision may b.e_ .refused ox w.i. thh.el.d as result_ of m, encs. or rec.ommenda.t. i o n-s. m a d_e under, S:u.b.s-ect i on. {7). u rrl es-s the- :pl'an: i s: c..1 early. contrary to: a Taw or regulation of the. Province of Nova Scotia:., any regional development plan or to: a. @y-law: or Regulation of the Town . Procedure to be adopted for the approval of final plans 5,. A final plan- of s.ubdivisiom submitted for approval shall be accompanied by: a) a re'ques`t irr wri'tirrg, of the: owners of the 1"a.nd, shown: on suctr final' pl a.n- for the approval of- the subdivision ; and b) a, s.tat.ement, signe.d:. by the submitterl that he is the owner or duly appointed agent: of the owner of t.he- land- to be subAi v i ed; and c•) if and to the extent that a, subdivision by-law requires a writ-ten agreement duly executed by th-e owner of the property, that he will ( i ) meet all the requirements of the zoning by-law ( ii) construct all streets shown on the said 'Plan,-. and- ( iii ) where municipal sanitary sewer, storm sewer anddomestic water- s.ervices. are available, lay water and. s ewe-r- mains in. such streets, aTI according.- to the- appropriate specific.-- a.tion.s_ relating thereto.. ( iv) w.i thi n- five ( 51 days. after- having. been so r,equ:es.ted.,, convey the streets and fac-i 1 i ties .a.nd. any land reservedfor public purposes to thee town a_nd A), arry, .o th-er sec.0 ri'ty or- b.o:n d:s r. eqm i r-ed,. to. be-, po-s.ted.. u.nder .the subd.ivi.s.i.o=n_- by-law and. proof of having. met- the requirements of. the:- subdi v.i s i o,n by-Taw. 6.. Tern (10) copies- of a: final plan of subdivision must be submitted for approval showing. the following information : a ) the; requArements in Sec-tion 3 ; b ) name and address of the. applicant; c) t:he boundaries of the:. property surveyed, with accurated_is.tance= and, bearing- as- determined by survey i n th-efield, w-i t h cl o's u r e= error n o t exceeding one ( f ) unit per f'i ve thousand. units , ( 1 :.51000) plus. 2 centimeters by. transit with all distances shown in English or metric units;. the survey to -be located by angle and distance from one end of a base line defined by two N. S . Co-ordinate monuments ; d) the length- and bearing of the boundary l i nes. of a.Tl tots ,.. streets , rights-of-wa-y , a.nd easements. as dete:rmfned by survey in the field , length of arc, degree a-nd point of curvature , radii., and tangent: bea.ri ng,s- in the case of curved lines as. laid: out; e) the width of a i streets- and rights.-of-way; f.) th-e accurate. To.ca.tion .of. one or more permanent monum-en.ts ;. g )1 . the. propased' Tot-r numbers , and s:tree_t names; h ) any reservations ,. private or otherwise_; TJ conto-u-rs. farraad grades: and d.ra_i nage- when requested; j ) loca_tio-n of hou.ses and- buildings on adjoining proper-ties ; . k) north point.,- s.ca:le* &nd. date, " including revision d a-t e{s.-i I ) reserves for_ fu.tu_re.. roads-.,, sse.wers.,,, wat:e.r ma-ins, arr4 draA rva.g e= fac.i:l i ti es. 6. 7. Such final plans of subdivision shall also ; a ) have a clear space or binding margin of at least two (2) centimetres ; b ) conform to the requirements for registrat- ion in th-e. Registry of Deeds ; c.) be cert-ified by a Nova Scotia Land Surveyor in accordance with *thd Ndva Scotia- Lard. Surveyors. A"ct_ andany othe-r- Act_ in force. at the time of application for approval of s.ubd_ivis-ion . g . Where.: a final plan has- been approvedbut the require: merits of SectA(Y..n 4.9(:5.:). o,f h.e PTann ng Act. or. ofthe, subdivision by--law, o:f' the Town have;- note- been: metes: th-e, Development O.ffice:r, o.w the- Clerk.,- as the . cas:e may be; a) shall '..no.ti fy In: writingthe submitter that his p:1 a.n has been approved s.ubj ect to such require- ments.; ands b) give the. required notices , under Section 49( 6) of the Planning Act, of such approval . 9. (1.) When the requirements. of S-ecti on 49 ( 5:) of the Planning Act, the- subdiv-is_i`ort re:guIat:.i:ons. and the- subdivision by-law of th.e= Town are, meta approval of.- a fina planof su.bd:.ivision shall be endorsed by the Development Officer or Clerk as the case may 7 be, on five copies -of the final plan and two ( 2 ) of these shall be returned. to the applicant. (2 ) No endorsement of approval shall be made on a final plan of subdivision until all the requirements of the subdivision by-law have been satisfied. General- Provisions - 10. No_ plan of subd:ivis.io.m shall. be approved wheret-he lot `s i z.es of al l' . new lots shown on t-he pl a.n do not meet the.. requA re.-- ments of the Toni n-g By-law. T1W:here the :e sm.bdi':vrs:.io'n reguylations are: in confl_ict.. with any r-eg:ulatfons: of the:- Prov-ince or- the Town the higher o'r• m.ore: stri`nTent r. equ.ireme..nts: sha-1 1 p-revaA l 12. Na plan: of s.ubdiv ts.io.n shawl- be: approved, i:f any of, the lots shown t.here.i.n do not- front upon: or abut a public street. 13. Any street. or roa.d_,_ whether a new street or, road , or a.n extens_io:n of a:ny existing: street or road , must have a right.-of-wax° w=i:dth: 0 a.t least- 15:. me-ters; (0..2 ft..) . 8. - 14. Street grades measured for at least every 30 meters ( 98 . 4 ft. ) shall be provided as follows : Street Grade Arterial Collector local Maximum 4.0% 6. 0% 8 . 0% .( Paved ) Minimum 0..5%' 0 . 5% 0. 5% f (Unpaved ) 1 . 0%' 1 . 0% 1 . 0% 15... The ' max.imum grade-. of any interse:c.tion approach measured a.1 ong a -di stance: of- -at -1 east -30--meters- -198-.-4 --ft-.-) from—the- c:ent-re of th'.e street-,i,ntersec.tion s.hai l not exceed two- .per.cent_ (2%) . 1 6. Streets: s,h&-l'l i nt-e:rs:e.c.t. o-ne another at: right angl e:s or as: nearly at H gh-ta:ngl es: as p.assi b.l e:._ No, i ntersec:t.i on,'s.ha11_ be loca-ted on or� -near a sha.r.,p road,., c:u.rv,e,. or below the crest of 3. s_te a p, hill or,. ri se�. 17 . There shall n.ot be more than four- st.ree.t. approaches in an intersection. 18., 5t-reeds sha-11 not, run p.e_rp.endicularly to slope gradients where steep grades. may result.. Streets shall also be designed to- fa-cA1itate drainage. 19. Turning- circles of ate. beast: 18-5" meters ( 60 . 6 ft. ) .in rad:iu.s sha.Tl be. provided on all cul -de--sacs . Temporary turning 9_ . circles of the same radius as indicated above sha.il be provided. on any dead-end street intended for extension at a future date. No turning circle. shall terminate near any adjacent road. 20. Max.imum u.se. s-ha.11 be 'ma.de of loop streets where the primary function of such streets is to provide access to individual -lots and 'to- A_is7c-ourage- ttrrouga*=-tra-ff-ic-. Continuo_u.s- street; front.a:g;e- between street inter- sections- shall not exceed 36'07 meters ( 1 , T81- ft. ) . Thi-s di stance:, however, may be. increased.- up- to a maximum of 480; met:e.rs. .( 1., 5.74 ,ft...) if a.- publ i:c D.e d.e s tr i a:.n wa_1 kway i s prow -de:d: neaw tire- ra d-point:,: 11vring pedesfrla:ns ac:ces to a ad j:a-c-ent street o.r� c:omm,un-r.ty fac:i 1 ty.: (2') ATTped.es.t:ria;n wa.l'-kwa.ys a.s s:pec.ified in subsection sha.l l have a. right-o-f—way of at: least:. 5 met-er's. ( T6. 4 f t. ) in w4 dth. 22,_ T" or three-legged intersections shall be employed, wherever p:o..ssibl'e provided that_ the overall continuity of d . the- s treed system is not l ess.ene: 2.3 . A local street shall not join two arterial streets unless ther approval of such has first been obtained by the authority in charge. 24 . Intersections of collector or local s:tree.ts on the same or opposite side. of a collector or local street shall not be closer than 60 meters ( 197 ft.. ). measured between the two closest. right-o.f-way Tines . ZS. Lots: ha-ving, road frontage and-. access atboth the front. and rear lots flues shall be prohibited. exceptwhere essential due to restriat.ions. imposed by topogra..phy ,,, other physical limitat:ians or t7o, pro..v.ide:. s:e.para:tio:n: frgm major traffic streets.. 26.. S.rde T.'ot. .1 i nes s.ha11" be a.s n°ear- to. right a_ngl es.: t:o: st.r-e.et: Tinesas possible and •s.haT1- be- radial to a curved line. The rear lot. lines of a. series of a.djoi ni ng .Tots shall` be a_ continuous 7stra.ight. or veered: Tinzi a& not: stepped or jogged. 27 . Corner Tots. shall have. su.fficient: frontage width to a:Tlow for proper, setbacks from both streets. 28. Approvaa ma.y be g.:iven to thee_ subdivision of land into Tots- al l or, some- of w.h.i ch donot. meet the re:.qu:i rements for Tots in, the zon.i'ng by-law if. TT a ) any undersized lot is added to and becomes part of another lot which meets the lot requirements of the zoning by-law or which appears on a registered plan- or deed , and i f b ) the remaining parcel or parcels meet the lot requirements of, the zoning by-law. i 29: The--sub.di-vid.er shall"-. not prej-udice -the-praper- sub divis.io.n of; adjoining_ land.s' and if- such adjoining land is or may be- suitable: for subdivision the, subdivider m-ay be required to make provision for projection of streets and services- into ada:cent ar. ea.s... An: apRl tcation_ to ame.n:d I repea.1 a.. p'l:a:m of. subdivision s.ha .l' be. in .acco. -d.nc.e vit.h S`ec.t:i on 5"0..' of. the R l a.nn i ng Act a'nd. shall sa..tisfy t:he. re.quirem-ents of these regulations concerning approvals of finaT plan of-. s.u.b.division. In. addition, suc.h. app- lication shall" refer to the- s-ubdivis>ion- as; ori`g:ina.11y approved, a.nd such reference shall incl ud'e the f i l'e: number of the earlier s-.u.bdivis:ion plan filed, at the. Office: of the Re.gis:trar of Deeds :fo.r the. County of Cape- Breton... 31 Notwithstanding Section 10 a lot which is to. be conveyed::.-ta thee:. Towrr.. fo:r r.,ec.reat.io-nal purposes:. may b.e a.pproved. if it has a. minumum of. 5- me:ter.s .(16.4 ft.,) frontage- at the- street line 12, Recommended to the Minister . . . . . . . . . . . .. . -rte . . . . . . . . . . . Departmental Solicitor Pres:cryi bed this `.' .-... . ,, day of . . h:-��i. . . �.1. �1. . . . . . . ._ Minister of Municipal Affairs 13- TAXI BY-LAW AMENDMENT BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF NORTH SYDNEY AS FOLLOWS: 1. That the By=Laws of the town of North Sydney relating to Taxis, as approved by the Minister of Municipal Affairs on the 3rd day of November, 1971, and as amended and approved by the Minister of Municipal Affairs on the 6th day of July, 1973, the 18th day of June, 1974., the 5tb day of December, 1974, the 30th day of May, 1979, the 9th day of July, 1981, and the 13th day of January, 1983, be further amended as follows: 2. Schedule "B" be repealed and the following substituted therefor: SCHEDULE "B" (a) $ 3.04 (Three Dollars & Four Cents) for one (1) or two (2) passengers from the same pick-up and to the same destination, within town limits; (b) $ 1.50 (One Dollar & Fifty Cents) for each of three (3) or more passengers to the same destination, within town limits; (c) $ 2.10 (Two Dollars & Ten Cents) plus regular fare for one (1) passenger ($3.04), for all deliveries within town limits. (d) $ 30.00 Waiting time. Children (e) No Charge - under 12 years, if with adult. (f) Full fare as above - children travelling alone. Bus or Boat Passengers (g) $ 3.04 (Three Dollars & Four Cents) each, including luggage, within town limits. u OF biUfJIC!PA! - ----- I, Angus Fleming, Town Clerk of the Town of North Sydney, hereby certify that the ap7rcva-cf.-f f foregoing is a true copy of a By-Law which C I was passed at a meeting of the Town Council of the Town of North Sydney, duly called and held on the 18th day of April, —_ —.--_— --- 1991. ...... �: s Fleming, To BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF NORTH SYDNEY AS FOLLOWS: 1. That the By-Laws of the Town of North Sydney relating to Taxis, as approved by. the Minister of Municipal Affairs on the 3rd day of November, 1971, and as amended and approved by the Minister of Municipal Affairs on the 6th day of July, 1973, the 18th.day of June, 1974, the 5th day of December, 1974, the 30th day of May, 1979, and the 9th day of July, 1981, be further amended as follows: 2. . Schedule "B" be repealed and the following substituted therefor: SCHEDULE "B" (a) $2.50 (Two Dollars & Fifty Cents) for one (1) passenger to any destination within town limits; (b) $2.50 (Two Dollars & Fifty Cents) for two (2) passengers to the same destination within town limits; (c) $4.00 (Four Dollars) for three (3) passengers and $1.50 (One Dollar & Fifty Cents) for each additional passenger; (d) $1.50 (One Dollar & Fifty Cents) for all deliveries within town limits. Children (e) No fare Under 5 years; (f) 1/2 Fare From age 5 years to age 12 years. Train & Boat Passengers in Town (g) $2.50 (Two Dollars & Fifty Cents) for-one (1) passenger to any destination within town limits, including handling luggage; J� (h) $2.00 (Two Dollars) each for each additional passenger over one (1) .to any destination within town limits, including handling luggage; (i) $15.00 (Fifteen Dollars) per hour - waiting time. I, Earl. Snow, Town Clerk of the Town of DEPARTMENT OF MUNICIPAL AFFAIRS North Sydney, hereby certify that the foregoing is a true copy of a By-Law which Recommended for was passed at a meeting of the Town Council approval of the Minister of the Town of North Sydney, duly called and `- "e. ,,Cq� - held on the 2nd day of December, 1982. . ?P. I.?:� ................. ""'� DePartmental Sollritor _ t� APP50VED this.....�.3••••..........day 3 Earl Snow, Town Clerk ofL��•G r MI �/ �IOal pll a i., BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF NORTH SYDNEY AS FOLLOWS: 1. That the By-Laws of the Town of North Sydney relating to Taxis, as approved by the Minister of Municipal Affairs on the 3rd day of November, 1971, and as amended and approved by the Minister of Municipal Affairs on the 18th day of June, 1974, and the 30th day of May, 1979, be further amended as follows: 2. Schedule "B" be repealed and the following substituted therefor: "SCHEDULE "B" (a) $2.00 (Two Dollars) for one (1) passenger to any destination within town limits. (b) $2.00 (Two Dollars).for two (2) passengers to the same destination within town limits. (c) $3.00 (Three Dollars) for three (3) passengers and $1.00 (One Dollar) for each additional passenger. (d) $1.00 (One Dollar) for all deliveries within town limits. CEP=•.RTMENT OF MUNICIPAL AFFAIRS I, Earl Snow, Town Clerk of the Town of North Sydney, hereby certify that the foregoing is a Recommewled. -for true copy of a By-Law which was passed at a ap;)roval of the Minister meeting of the Town Council of the Town of North .......... i cyT._f.n Sydney, duly called and held on the 21st day of May, 1981. APPROVED this. ....�� rk�......:�':.:• of.:..................... .. .........19...$.� L. ...... .... .... ........ _-.. ....ii M7Mste.o!Mnnlripnl Aiias Earl Snow, Town Clerk TAXIS BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF NORTH SYDNEY AS FOLLOWS: - 1, That the By-Laws of the Town of North Sydney relating to Taxis, as approved by the Minister of Municipal Affairs on the 3rd day of November, 1971, be amended as follows: 2. Section 13 be repealed and the following substituted therefor: The fares to be charged by a Licensee shall be as set out in Schedule "B" hereto, but no fare shall be less than one dollar ($1.00). A card having printed on it such fares shall be placed and kept in a conspicuous place in the Taxi. 3, Section 14 be repealed and the following substituted therefor: Every Licensee or licensed driver who takes or demands a fare greater than that herein specified or less than the minimum fare of one dollar ($1.00) shall be guilty of an offence against this By-Law. 4, Schedule "B" be repealed and the following substituted therefor: Schedule "B" $1.50 (One Dollar and Fifty Cents) for pick-up and delivery. 1.00 (One Dollar) for one passenger to any destination within the Town limits. 1.00 (One Dollar) for two passengers for the same destination within the Town limits. .50 (Fifty Cents) for each passenger when, there are three or more passengers for the same destination within the Town limits. I, Earl Snow, Town Clerk of the Town of North Sydney, hereby certify that the foregoing is a true copy of a By-Law Which was passed by Town Council at a meeting of the North Sydney Town Council held on the 10th day of June, A.D. 1974. D DEPARTMENT OF MUNIC!PAL AFFAIRS Recommended for approval of the Minister Earl Snow, Town Clerk. cv Depa al Soliclter APPROVED this.........8............day. of.. . . - 19 ... .. ..... .. ... .... Inister of Iclp airs Be it ordained by the Town Council of the Town of North Sydney as follows: Section 4 of a By-Law pertaining to Taxis operating in the Town of North Sydney duly approved on the 3rd day of November, A.D,, 1971, is hereby deleted and the following shall be inserted as Section 4 replacing the above deletion: "The fee for the licensing of each motor vehicle used as a Taxi shall be TwentyrFive Dollars ($25.00) per year and the fee for each operator driving a motor vehicle used for Taxi purposes shall be Ten Dollars ($10.00) per year." 1, Clinton MacNeil, Town Clerk of the Town of North Sydney, hereby certify that the foregoing is a true copy of a By-Law which was given First and Second Reading at a meeting of the North Sydney Town Council held on the 24th day of February, A,D., 1972 and after Third Reading at a meeting of the North.Sydney Town Council held the 16th day of March, A,D, 1972, the said By,Law was duly passed. Clinton MacNeil #DEPARTMENT OF MUNiCiPAL AFFAiRS Town Clerk Recommended for approval of the Mi�nisstteer 00 IPPR ED this........................d y C#. ......19 MlnBtar 4 MumOlpel-Af Dept. •of Municipal ATT2�rs OCT Lyrs TAX i8 Province of Nova Scotia. BE IT ENACTED BY THE TOWN COUM OF THE TOWN OF .NORTH SYDNEY AS FOLLOWS: 1. That the Bylaws of the Town of North Sydney relating 'to Taxis be repealed and the following substituted therefore. 2. In this by-.law the expression "Taxi» includes every vehicle of any description whatever, for the conveyance of passengers for hire, other than bus. 3. No person shall ply for hire with any taxi without having obtained a License therefore. The License may be in the form in Schedule "A" hereto or to the like effect" and shall be approved of by the Police and.Lieense Committee before being signed by the Mayor and Town Clerk; 3. (a) The number of persons licensed to trport for hire passengers or goods shall not exceed twenty-six (26) in number.. (b) Drivers for Licensed operators are to be approved by the traffic authority. (e) No License will be issued to any person until such person shall have filed with the Town Clerk a liability bond, indemnity bond or insurance certificate covering each motor vehicle to be used for any recovery for Personal injury by one or more persons receiving injury in any accident in the amount of $359,00000 and in addition thereto the sum of 9$1,000.00 for damage to property of any passenger other.than the insured. L The fee for such License shall be Ten Dollars per year for each vehicle. 5. All such Licenses shall expire on the thirty-first day of December, in each year. 6. Before any such License is granted the Traffic.Author- ity shall insnect the vehicle to be used as a Taxi by the applicant, and shall also inquire into the Personal qualifications of each applicant _and a License shall not be granted unless the same are found satisfactory to the Traffic Authority. ry. Every taxi shell be kept clean and in.good. condition to the satisfaction of the Traffic Authority and.may be inspected by the Traffic Authority at any time, and the Committee may cancel or suspend the License if such taxi is not kept in good'condition. g, Each driver of a licensed taxi shall when during the same or seeking employment therefore, display a metes. plate with the words "North Sydney Taxi" with the yeas to appear thereon together with the number of the taxi license; the said plate to be attached immediately below the oar license plate. q. Such metal plate shall be supplied by the Clerk on application by the Licensee and on payment of One Dollar. 10. Any licensee whose license is cancelled or suspended or not renewed shall within one week after such cancellation, non-renewal or suspension, deliver up his metal plate to the Town Clerk. - 4 r 11. The driver of any licensed Taxi shall not use any abusive or lusulting language at any railway station, steamboat, vhatf or any other place, conduct himself in a noisy or disorderly manner while plying for hire. 12. The driver of any Licensed Tari shall when employed therewith be neatly and cleanly attired. l3� The fares to be charged by a Licensee shall be as set out in Schedule "B" hereto, but no fare shall be less than seventy- five ("$0.75) cents. A card having printed on it such fares shall.be placed and.kept in a conspicuous place in the Taxi. lb.. Every Licensee or liceased.driver vho takes or demands a fare greater than that herein specified or less than the minimum fare of seventy-five 00#75) cents shall be guilty of an offence against this By-L4w. 15. Any taximan, who, when requested at any time to carry passenger or,nassengers within the Town of North Sydney and fails or neglects to do so, shall forfeit his License unless he satisfies the Comittee that he hada good, reasonable excuse for such failure, 16. The Traffic Aathority,.subject to the approval of the Town Council, shall appoint a stand or stands for Licensed Taxis and may from time to time change the same; and taxis shall stand and.ply for hire at the place or ulaces so appointed, and at no other place except when attending at a railway passenger station- steamboat, wharf or other similar place to await the arrival of passengers. 17. The traffic authority of the Town of North Sydney shall have the authority to revoke any license issued to a licensed operator but an appeal from any revocation may be taken to the Town Council. 18. No license shall be issued to an applicant to trans- port for hire passengers or goods to a part time licensed operator. 19. No licensed operator can transfer his license to aoy other person. 20. The fares set out in Schedule R$" to this By Iv shall be charged for transporting passengers for hire by means of a motor vehicle from point to point within the Town limits and no greater or less fare shall be charged by the Licensed owner or.1river of any such vehicle than the fares set out in Schedule "Ba, 21. No provision it this By..Law shall prevent a taxi operator within the Town of North Sydney from entering into an agreem6at with a School Board or Municipal Unit for the transportation of pupils to and .from School at a rate to be agreed upon. 224 Any person who contravenes or fails to comply with any provisions of this Bye-Law shall for each offence be liable to a penalty not exceeding fifty ($50.00) dollars and in default of payment to imprisonsent not e"esding thirty days and on proof satisfactory to the Traffic Authority that the Licensee is continually offending against the provisions of this Hydaw his License may be suspended or cancelled. Such Licensee shall have the right of appeal to the Town Council from the order of the Traffic Authority. 23. All prosecutions for violation of the By-Law shall be brought before a Provincial Magistrate. 24. When *Committee" is referred to herein,, it means and included the. Police Committee of the Town of .North Sydney. I, Clinton L. MacNeil, Toon Clerk of the Town of North Sydney hereby certify that the foregoing and attached Schedules are true copies of a By-Law which was duly passed at a Special meeting of the Torn Council of the Town of North Sydney held at North Sydney on the day of A, D. 1971. DATED at North Sydney this wZ day.o'. A. D. 1971, CLINTON L. MaeNBIL' Town Clerk Town of North Sydney, N, S. --------------- DEPARTMENT:GF MUNICIP'.L AFFAIKS Recommended for approval of the Minister APPROVED this..�.'.'a... ..... ..day ,s il............ .. ...................... Schedule "A" 'own of North Sydney, N, S. T_AI I L1C.�E IN CONSIDERATION of the sum•of $10.00 the receipt whereof is hereby acknowledged and subject totthe Provisions of the Bv.Lays and Ordinances of the Town of North Sydney Taxi License No, ishereby granted tot This License entitled the said to ply for. hire with the automobile (s) within thMown of North Sydney for a period of one year from-the first day of January, A. D. 197 to the thirty-first day of December, A. D. 19 SIGNED, SEALED with the Co`rnorate Sea! of the Town of North Sydney at North Sydney this day of A. D. 19 Towa Clerk Mayor Chief of Police Schedule "H" .75 (Seventy-five cents) for one passenger to any destination within the Town limits. 1.00 (One Dollar) for two passengers for the same destination within the Town limits. .,50 ' for each passenger when there are three or more passengers for the same destination within the Town limits, f BY-LAW RESOLVED by the Town Council of the Town of North Sydney that the following by-law be and the same is hereby enacted and that the Clerk be and is hereby instructed to forward same to the Minister of Municipal Affairs with a request for his approval hereof. BONUS ACT 1. In this by-law, (a) "Company" means Nickerson Outfitting Company Limitdd. (b) "Council" means the Town Council of the Town of North Sydney. (c) "Industry" means the operation of the Head Office of the Company, together with the Head Office operations of several affilliated Companies. (d) "Town" means the Town of North Sydney. 2. The Council may make an Agreement with the Company limiting the rates and taxes payable by it on its property in accordance with Clause (b) of Section 2 of C4apter 26 of the Revised Statutes of Nova Scotia, 1967, the Bonus Act. 3. The Agreement may provide that the rate and taxes for general municipal purposes payable by the Company upon the land, building and personal property used in the industry to which the Agreement relates shall, for a period not exceeding ten years, be at a rate not less than one per cent per annum of the actual cost, of the land and building(s) and personal property as the Agreemenjj may provide. 4. The Agreement under said the Bonus Act shall apply to property of the Company within the Town, comprising of land 701 or the south side of Commercial Street by 1321 in depth, together with the building and contents situate on the said land. $. The Agreement shall provide that Sections 6 and 7 of said the Bonus Act shall apply to such Agreement. 5. The Agreement shall provide that any other relevant berms of said the Bonus Act shall apply to such Agreement. 7. The Agreement shall be executed on behalf of the Town )y the Mayor and the Town Clerk, and shall be deemed to be in affect when so executed by the said Town and the said Company. I, Earl Snow, Clerk of the Town of North Sydney, do hereby certify that the foregoing is a true copy of a by-law passed by the Council of the Town of Nort Sydney at a meeting duly held and c nvened on the 44 day of !F� A.D. 1971- approved this /� . day of ?ebruary, A.D. 1976 GIVEN under the hand of the TowxI Clerk and under the corporate +tin'ister o Develo ment seal of the .said Tb.wn this p day of O1S A.D. 197r ��•, __ WN CLERK APPROW of.. 2 .:. .. .. ..... .... . ... ............ M inlster uf, clpal AtfalW TAX EXEMPTION (ASSESSMENT ACT, SECTIONS 3 and 25A) BE IT RESOLVED by the Council of the Town of North Sydney that the following by-law is hereby enacted and that the Clerk forward a copy of it to the Department of Municipal Affairsforinformation: BY-LAW RESPECTING TAX EXEMPTION FOR FIRE COMPANIES, CHARITABLE AND NON-PROFIT ORGANIZATIONS 1. This by-law shall be known as the Tax Exemption By-Law. 2. The property of the organizations or institutions named in Schedules "A", "B", "C" and "D" to this by-law, that would otherwise be classified as commercial property, shall be exempt or taxed in accordance with the particular Schedule. 3. The partial or total exemption provided in Section 2 shall apply only to that portion of the property specified in the Schedule. 4. When a property, or part thereof, listed in a Schedule ceases to be occupied by the association or for the purposes set out in the Schedule, then the partial or total exemption from taxation shall cease, and the owner of the property shall immediately be liable for the real property tax on such property or part thereof for the portion of the year then unexpired. 5. This by-law shall have effect commencing in the municipal taxation year 1989 and continuing until the expiry of the municipal taxation year 1991. THIS IS TO CERTIFY that the foregoing is a true copy of a by- law duly passed by the Town Council of the Town of North Sydney at a regular meeting duly called and held on the 2nd day of February, 1989. Town C'�'% BE.IT RESOLVED by the Town Council of the Town of North Sydney that the following By-law be enacted and that the Clerk forward two copies of it, .duly certified and sealed, to the Minister of.Municipal Affairs with a request for his approval hereof. . TREE COMMITTEE BYLAW 1. In this By-law; "Committee" means the Tree Committee of the Town of North Sydney established under this By-law. "Council" means the Town Council of the Town of North Sydney. 2. The Council hereby establishes a Tree Committee. 3. The Committee shall be composed of five (5) members, three (3) of which shall be members of Council. 4. Appointments to the Committee shall be made annually, in the month of November. 5. Members of the Committee shall serve without remuneration. 6. . The powers and.duties of the Committee shall be as set.out in Sections 173B : 173F inclusive of the Towns Act, which are attached hereto as "Appendix A" and which form part of this By-law. I, Earl Snow, Town Clerk & Treasurer for the Town of North Sydney, do hereby certify that the foregoing is a true copy of a By-law given first and second reading at a.duly called meeting of the Town Council of the Town of North Sydney duly convened _ and held on the 16th day of February, A.D. DEPARTMENT OF MUNICIPAL AFFAIRS 1978, and passed at a.duly called meeting. of Town Council of the Town of -North Sydney Recommended for duly convened and held on the 23rd day of approval of/the Minister March, A.D. 1978. ............ ................... APPROVED this.......... ...... .ay CLERK - • 'Min r M•rkiwl 4Hci."' - TOWN OF NORTH SYDNEY BY—LAW RESOLVED BY THE Council of the Town of North Sydney that the following by—law is hereby enacted, and that the Clerk forward two (2) duly certified copies to the Minister of Municipal Affairs with a request for his approval hereof: TOWN MANAGER 1. This by—law shall be known as and may be cited as the "Town Manager By—law". 2. Council shall apoint a Town Manager who shall be the Clerk of the Town and the Chief Administrative Officer of the Town pursuant to Section 23(3) of the Town's Act. 3. The Town Manager shall be the head of the administrative branch of the Municipal Government for the town of North Sydney and for the purposes of this By—Law shall hereinafter be referred to as the "Town Manager". 4. The Town Manager shall be responsible to the Council of the Town of North Sydney for the proper administration of all the affairs of the Town in accordance with the policies and plans approved and established by the Council and, to that end, the Town Manager shall: a), be responsible for the administration of the day—to—day business affairs of all departments of the Town, in accordance with the policies and plans approved by Council, and report to Council thereon; b) coordinate.and direct the preparation of plans and programs conducted by staff to be submitted to Council for the construction, rehabilitation and ■aintenaance of all Town property and facilities, provided that no expenditure shall be made for outside consultants without the prior approval of Council; c) present the proposed annual budget to Council and be responsible for its administration after adoption, subject to any contrary directions of Council, as Council may revise and alter priorities during the term of the fiscal year; d) present to Council for its consideration, recommendations from the Department Heads or officers, along with appropriate commentary fro■ the Town Manager, concerning any aspect of internal operations, along with proposed By—laws or Resolutions to give effect to such recommendations as may be adopted by Council; e) meet with Department Heads and Officers of the Town staff, regularly, for discussion of matters of policy and for coordination of all departmental activities; ... 2 — 2 — f) attend, or be adequately represented_ at,. all meetings of Council and any other meetings that Council ■ay establish, and with the permission of the presiding officer make such observations and suggestions as the Town Manager may deem expedient on the topic under discussion; g) the Town Manager shall be responsible for ensuring that clear and concise minutes of all meetings of Council and committees thereof are taken in a form suitable to Council and that an original of the minutes is entered in a book or binder retained for that purpose. The Town Manager shall ensure that copies of the minutes of.meetings are forwarded to Council and the respective comittees promptly thereafter; h) make written communications to Council, when the Town Manager or the Council deems it necessary, with respect to a chosen topic and those recommendations or a summary thereof shall be recorded as part of the minutes of the proceedings. i) have power to review the Town's administrative organization and structure regularly and recommend any changes that would, in the.opinion of the Town Manager improve the effectiveness or efficiency of the internal operations; j) recommend to Council the appointment, employment, suspension or dismissal of Department Heads or Officers; k) on the specific authority of Council employ a person as an employee of the Town of North Sydney subject to the approved hiring policy of the Town. The Town Manager may suspend an employee, subject to the employee's right to appeal to Council; 1) recommend to Council the dismissal of employees; ■) be responsible for wages and salary recommendations to Council concerning all municipal staff. n) have power to make recommendations to Council respecting any proposed expenditure and respecting any contract involved therein; o) supervise the performance of all contracts or agreements entered into�by the Town and ensure that all the conditions relating thereto have been fulfilled in accordance with the provisions of such contracts or agreements and the Town Manager shall report to the Council respecting such contracts; p) the Town Manager shall have power to make or authorize the making of expenditures for the purchase of equipment, supplies or other items required for the carrying on the business of the Town and to enter into contracts therefor on behalf of the Town, and also to authorize the payment of accounts, where: .. 3 - 3 - i) the amount does not exceed Three Thousand Dollars (f 3,000.00); ii) the amount is required to be paid pursuant to the provisions of a statute or order of a Court of competent jurisdiction; or iii) the amount is required to be paid pursuant to a contract or agreement approved by the Council; provided that the amounts are within the amount included by the Council in the annual estimates for that category of payment. In the case of a proposed expenditure within the amounts included by the Council in the annual estimates for that category of payment but not otherwise authorized for payment under (i), (ii), (iii) above, then the approval of Council shall be required. In the case of a proposed expenditure'.not within the amounts included by the Council in the annual estimates for that category of payment, the approval of Council shall be required. q) obtain information regarding all ,boards and commissions which affect the interests of the town and report to Council regarding same when in the opinion of the Town Manager such reports .are deemed necessary. r) act as Director of Personnel and carry out such duties in accordance with such procedures as may be established by Council; s) carry out the duties of the Clerk as contained in Section 27 of the Towns Act; t) have all powers and perform all duties of a Town Clerk and Chief Administrative Officer of a Town under all Federal Statutes, Provincial Statutes, Federal and Provincial Regulations as well as all By-laws of the Town of North Sydney; u) carry out such additional duties and exercise such additiona responsibilities as Council may assign. 5. Without in any way restricting Council's right to communicate directly with the employees of the Town, the preferred line of communication between the employees of the Town and Council is through the Town Manager. 6. a) The Town Manager may, with the concurrence of the Council, appoint a deputy to perform any or all of his duties as Town Clerk and he shall be responsible for the acts of such deputy. ... 4 b) The Council may appoint a deputy to perform any or all of the duties of the Town Manager (except the duties of a Town Clerk) including, without restricting the generality of the foregoing, his duties as the Town Manager. The deputy may be the same person as the deputy Town Clerk. 7. The Town Manager, to assist in performing the duties of the office, may use the services of the administrative staff of the Town. A. The duties and responsibilities as set forth in this by—law shall in no way be deemed to empower. the Town Manager to have, perform, do or direct any act or matter that would, to any extent, whatsoever, encroach upon the legislative powers of the Town of North Sydney's Council. 9. Any reference to the Town Clerk in any Federal or Provincial Statute or.Regulation or any other By—law of the Town of North Sydney shall be deemed a reference to the Town Manager. 10. The Town Manager shall be the custodian of all public books, accounts, contracts, agreements, documents and records of the Town except his own security, and shall at all times have the same arranged and filed in a convenient manner for use and reference. The bank statements of the Town shall be open at all times to the inspection of the Mayor or any Councillor or the auditors of the Town. 11. The Town Manager except as provided by By—law, shall give all notices required to be given by the Town's.Act and required to be given by or for the Council. He shall also notify all persons interested in any action.of .the Council upon any manner and shall as soon as practicable after such meeting of the Council, supply the chairman of every committee with a memorandu■ .of all busines referred to such committee. THIS IS TO CERTIFY that the foregoing is a a true copy of a By—law duly passed at a duly called meeting of the Council of the Town of North Sydney duly held on the 13th day of February, n+ c p^).AL AFFXRS 1992. �� �—Qr� (cS SIVEN under the hands of the Mayor P; and the Town Clerk and under the �rry') Of i,,18 RIIiNster corporate seal of the Town of North Sydney this 16th day of March, 1992 ..... . ; d � APPROVE this........°°..°. MAYO Cot ....�.e.s°ei..........59.�?.. TOWN CLERK .. .°.. .. TOWN OF NORTH SYDNEY BY-LAW RESOLVED BY THE Council of the Town of North Sydney that the following by-law is hereby enacted, and that the Town Manager forward two (2) duly certified copies to the Minister of Municipal Affairs with a request for her approval thereof: TRADE AND LICENSING 1. In this By-Law: (a) "trader of goods" means anyone who offers for sale to the public, goods of any type, including foodstuffs, other than from a building location. (b) "mobile facility" means an automobile, truck, van, cart, bus, trailer or such other vehicle capable of movement. 2. (1) The Town Manager shall issue all licenses under this By-Law following Town Council approval. (2) No person shall act as an auctioneer of goods, or peddle, hawk or trade goods from door-to-door or from a mobile facility without first obtaining a license therefore. (3) A person may, without a license, either act as an auctioneer of goods or peddle, hawk or trade goods from door-to-door or from a mobile facility where the goods are unprocessed products of the farm, the forest or the sea. (4) No person shall conduct a circus or other itinerant. amusement performance or outdoor theatre without first obtaining a license therefore. 3. (1) Where it appears to the Committee of the Whole that a license holder under this By-Law is carrying out an operation in violation of any of the provision of this By-Law, it may instruct the Town Manager to cancel any license so issued under the provisions of this By-Law. (2) The Town Manager shall notify the holder of such license of the "cancellation" by mailing by registered mail, a notice of cancellation to his last known address and reception of the same shall be deemed to have been received by the licensee no later than 11:59 p.m. on the third day following registering of said mail. (3) Any notification issued pursuant to this section shall state the effective date of cancellation, and the reasons for cancellation. Steps for reinstatement may also be included therein. (4) The holder of any license cancelled pursuant to this section may appeal the cancellation to the Town Council of the Town of North Sydney within fourteen (14) days of the date of notification of the cancellation. 4. (1) Every license issued pursuant to this By-Law shall expire on the 31st day of March of each year. (2) Every licensee shall display his license at his place of business and shall make it available for inspection upon request of any person. 5. (1) Fees to be charged for licenses issued under this By-Law shall be as follows: - 2 - (a) Auctioneer, peddler, Resident $100.00 hawker Non-Resident 200.00 (b) Mobile Facility Resident $500.00 Non-Resident 750.00 (c) Circus, Amusements Resident $100.00/day Non-Resident $200.00/day (2) The following restrictions shall also apply to the licenses issued hereunder as to the district of the Town in which the licensee may operate: (a) Auctioneer, peddler, hawkers - the whole of the Town. (b) Mobile facility - only on property designated as Commercial under the Land Use By-Law of the Town of North Sydney or otherwise authorized by the Town Council. (c) Circus. Amusements - only on property designated as Commercial under the Land Use By-Law of the Town of North Sydney, or otherwise authorized by the Town Council. (3) All licensees shall be required to provide garbage receptacles for public use during the hours of operation and shall also be responsible for the removal of all garbage and litter from the site. Failure to do so will be a violation of this By-Law. 6. (1) Any person who violates any provision of this By-Law shall be liable upon summary conviction to a penalty not exceeding one thousand dollars or in default of payment, to imprisonment for a period not exceeding ninety days. (2) When any person has been convicted for not having obtained a license as required by this By-Law, the court may, in addition to any other penalty for which that person is liable, order that person to pay the license fee. (3) When any person has been convicted for not having obtained a license as required by this By-Law the Town may refuse to accept any further applications under this By-Law from that person for a period of six (6) months after the date of conviction. (4) Where the operator of any mobile facility or circus applies to the Town for any license hereunder, no such license shall be approved by Council until and unless written approval is received from the owner or landlord of those lands from which the said mobile facility or circus will operate. THIS IS TO CERTIFY that the foregoing is a true copy of a By-Law duly passed at a duly called meeting of the Council DEPARTMENT OF MUNICIPAL AFFAIRS of the Town of North Sydney duly held on the 24th day of March, 1994. Reocomended for 4:P,rZ0 ,f e igist r GIVEN under the hands of the Mayor �J and the Town Manager and under the arima teff-iieito� corporate seal of the Town of North Sydney this 29th day of March, 1994. APP VED thiS..d�.Y./'...d of....... ..99 MAYOR •M ter Mr- AGER UNIFORM CLOSING DAY BY-LAW (Pursuant to Section 4(2) of the Retail Business Uniform Closing Day act) . RESOLVED by the Town Council of the Town of North Sydney that the following by-law is hereby enacted and adopted as a by-law of the Town of North Sydney. 1. The By-Law is known and may be cited as the Uniform Closing Day By-Law. 2. In this By-Law: (a) "Clerk" means Town Clerk of the Town of North Sydney or his appointee; (b) "Council" means the Council of the Town of North Sydney; (c) "Town" means the Town of North Sydney; (d) "Performance" includes any game, match,. sport, contest, exhibition, entertainment, dance, program, theatrical presentation or motion picture presentation, (e) "Retail Business" means the selling or offering for sale of goods orservices by retail; (f) "Uniform Closing Day" means: (i) Boxing Day (ii) Canada Day (iii) Christmas Day (iv) Good Friday (v) Labour Day (vi) New Year's Day (vii) Sunday (viii) Thanksgiving (ix) Victoria Day (x) any other day the Governor in Council orders and declares by proclamation to be an uniform closing day for the purposes of this By-Law. 3. The times referred to herein shall be Atlantic Standard 'ime, except that when Daylight Saving Time, so called, is :ommonly observed, then itshall be Daylight Saving Time. (1) The Council may, upon the application of the >roprietor of: (a) a grocery store; (b) a confectionery. store; (c) a. store in which the principal business is thesale of handcrafts, novelties, souvenirs and similar articles, principally to tourists or travellers; 2 - (d) a canteen or fruit stand; (e) a flea market or rummage. sale; (f) a retail fish store; (g) a laundromat; (h) a billard hall or pool room; (i) a business prescribed by the Governor in Council; (j) a business in an area of a municipality designed as a tourist area pursuant to this Act; collectively referred to as a business, issue a permit for the operation of a specified business on a uniform closing day from 8:00 o'clock in the forenoon until 12:00 o'clock in the afternoon. 4. (2) This- section does not apply to: (a) the operation of .a drugstore except in a department store; (b) the sale of agricultural products by the producer at the farm; (c) the sale of maple sugar products; (d) the sale of Christmas trees; (e) the operation of a motor vehicle service station; (f) the operation of a restaurant; (g) the provision of accommodation, camping, food, beverage, recreation, related services and facilites and tourist information; (h) the operation of a private club, fraternal organization or- veterans organization; (i) any public game or contest for gain or for any prize or reward; (j) any performance or public meeting at which a fee is charged directly or indirectly either for admission to such performance or meeting or to any place within which the same is provided or for any service or privilege thereat, but not including the operation of a public dance hall; (k) the hiring of motor vehicles or- small boats for the personal use of the hirer or his family for any purpose not prohibited by this Act; (1) the operation of any excusion on which passen- gers are conveyed for hire and having for its principal or only object the carriage of such passengers for amusement or pleasure; - 3. - (m) the conveying of goods or travellers on railways, buses or other public conveyances. (n) the operation of any ferry or boat authroized by competent authority to carry passengers on a uniform closing day; (o) receiving, transmitting or delivering telegraph or telephone messages; (p) Broadcasting as defined by the Defamation Act; (q) the publication of a newspaper including all work necessary for, or incidental to the preparation, printing and distribution thereof; (r) the provision of goods orservices on an emergency basis; (s) goods and services prescribed by the Governor in Council. (3) The permits council may issue can. be limited to a certain number for any class or classes of business _(specify) . (4) The permits may be issuedto all of the classes or types of business in 4(1) or council may designate that certain of those. businesses are to be deleted andshall not receive a permit for operation on a uniform closing day. (5) Council may designate an area of the Town of North Sydney .as a. tourist area which will be exempt from the By-Law. (6) Council may .designate that a class or classes of businesses shall operate during hours other than as set out in 4(1) abovesuch as: Laundromats - 7:00 a.m. to 12:00 p.m. Billiard Halls - 2:00 p.m. to 12:00 p.m. Flea Market - 2:00 p.m. to 6:00 p.m. 5. (1) Every person applying for a permit under the pro- vision of. this By-Lawshall make application to the Clerk on Form I as set out in Schedule "A" hereto, and such application shall be accompanied by the required permit fee. (2) Every permit issued by Council under the provision of this By-Law shallset out: (a) the name and. address of the applicant; (b) the type of business; (c) the location of. such business; (d) the hours during. which the business may remain open on the uniform closing day; andshall be signed by the Clerk. Such permit shall be in Form II asset out in Schedule "A". - 4 - (3) The permits are. signed by the Clerk on behalf of Council. (4) A separate permit is required for each business. (5) The fee for each permit is $3.00. (6) Every permitshall expire on the 30th day of April in each year. (7) Permits are not transferable from one location to another. (8) Subject to Section 8(7) permits are transferable from one owner to another for the same premises. (9) Every permit shall be displayed in a prominent place on the premises of the place of business for which such permit is issued. 6. (1) Council may suspend any permit issued under the provisions of this By-Law for such period of time as it deems advisable. (2) When the proprietor of any business or store who has been issued a permit under the .provisions of this By-Law has been convicted of a. violation of any of the provisions of Chapter 6 of the Statutes of Nova, 1985, The Retail Business Uniform Closing Day Act, such permitshall be immediately cancelled. THIS TS '.TO '.CERTIFY that the foregoing is a true copy of a By-Law duly passed ata duly called meeting of the Council of. the Town of North Sydney duly held on the 11th day of December A.D., 1986. .GIVEN under the hand of the Clerk and under the Seal of the Town of North. Sydney this 12th day of December A.D. 1986. CLERI UNSIGHTLY PREMISES BE IT ORDAINED by the Town Council of the Town of North Sydney: THAT the Unsightly Premises By-Law of the Town of North Sydney, approved by the Minister of Municipal Affairs on the 17th day of December, 1965, be amended as follows: In accordance with Sec.222, ss(5) the Towns Act, ss(5) of this by-law is hereby deleted and replaced with the following: (5) After notice has been served under subsection (3) any person who permits or causes a condition referred to in this Section or who fails to comply with the terms of said notice, shall be liable on summary conviction to a penalty of not less than one hundred dollars and not more than one thousand dollars, and in default of payment to imprisonment for a period of not less than fifteen days nor more than three months, and every day during which such condition is not remedied is a separate offence. I, Angus Fleming, .Clerk of the Town of North Sydney in the Province of Nova Scotia, DO HEREBY CERTIFY that the foregoing is a true copy of a by-law passed by the Town Council-of the Town of North Sydney at a meeting of the said Council held on the 15th day of January, A.D. 1987. Dated at North Sydney, Nova Scotia, this 10th day of February, A.D. 1987. - Ang1t Fleming—Town erk :1 FFAMS Recor;sf:'e;ided for the Mfnisier Departmental ScHe!to APPROVED ithis....... .............day of.............Cn�r.c- . ...........19. `l . ... ........ Minister of Municipal Affslrs