By-law Enforcement

By-law Enforcement

The Municipal Act allows municipalities to pass by-laws for the regulation of many areas affecting health, safety and the enjoyment of property.  The Town
of Niagara-on-the-Lake has many such by-laws.

Overview
Staff
Complaints

Some of the by-laws enforced through this department are:
Bed and Breakfasts - Country Inns - Cottage Rentals
Animal Care and Control
E-Bikes
Fences
Handbills
Hawkers and Pedlars
Lodging Houses
Noise
Nuisances
Property Standards and Clean Yards
Signs
Skateboards
Swimming Pools

Wildlife Info - The Ottawa-Carleton Wildlife Centre has provided information about wildlife living nearby, including a wildlife close-up, biodiversity, and human/wildlife conflicts.

Bird Bangers - See the public notice regarding the permitted use of Bird Bangers


Overview:

By-law Enforcement is part of the Community and Development Services Department and is responsible for investigating complaints regarding the violation of by-laws and to resolve the violations.   Methods for resolving these conflicts can include communication, negotiation, friendly direction, Orders to Comply, prosecution in the courts, and resolution by Town forces.   Where remedial work is Ordered to be done, in many cases the Town will do the work if the owner fails to do so and add the cost of such work to the taxes on the property.

One major aspect of by-law enforcement is land use, which includes the enforcement of property standards and by-laws with respect to noise, snow and ice removal, and signs. The department also is responsible for animal control and Bed & Breakfast, Country Inns, and Cottage Rental Inspections.

Staff:

Katie Monroe, Senior Enforcement Officer
905-468-3061, ext. 226
kmonroe@notl.org

Handell V. Baptiste, Senior Enforcement Officer
905-468-3061, ext. 279
hbaptiste@notl.org

Rolf Wiens, Manager of Enforcement/Chief Building Official
905-468-3061, ext. 249
rwiens@notl.org

Complaints:

Complaint Forms for by-law infractions are available at the Town Administration Offices in Virgil and can also be completed in advance using the attached Complaint Form.  Complaints may also be taken over the phone or through email.  It should be noted that anonymous complaints will not be acted upon.  Complainants' information is always confidential and a complainant's name will not be revealed.  The information is protected by the Freedom of Information and Protection of Privacy Act.  Naturally, where a complainant is required to give evidence in court, his or her identity will be revealed.

Enforced By-laws:

Bed and Breakfast - Country Inn - Cottage Rentals
The Bed and Breakfast by-law is for the licencing and regulation of B&Bs, Country Inns, and Cottage Rentals. Since the use of a residential property for commercial purposes is not allowed under the Town Zoning, the running of a B&B is by permission of the Council. The reason for licencing and regulation is to ensure the house and property are properly maintained for guest usage.

Animal Care and Control By-law
The Animal Care and Control By-law is the municipality’s mechanism for licencing and regulating the keeping of dogs in the Town.  A resident may have a maximum of 3 dogs, all of which must be licenced. The by-law also regulates the use of leashes, running at large and defecation on public and private property.  
Animal Care and Control By-law

Fences
The Fence By-law regulates the height of fences permitted in the Town. The by-law does not regulate the placement of a fence nor does it restrict the material used for a fence other than prohibiting dangerous materials such as barbed wire.
Fence Variance Application Schedule, Fees and Application Information and Application Form
Fence Variance Appeal Procedure

Handbills
The distribution and posting of handbills in the Town of Niagara-on-the-Lake is also regulated by by-law. The purpose of this by-law is to restrict the amount of advertisements and flyers distributed and posted throughout the Town. By-law No. 2904-95

Hawkers and Pedlars
The Hawkers and Pedlars By-law regulates the commercial sale of merchandise by those who do not have a place of business within the Town.

Lodging Houses
The Lodging House By-law licences and regulates the use of a house and property for the commercial operation of a lodging house. This by-law is also in place to ensure the house and property meet health and safety requirement for the benefit of the residents.

Noise
The Noise By-law for the Town of Niagara-on-the-Lake regulates only the time at which noise is not permitted. The definition of noise is not specific but does include bells, horns, shouting and unusual noises.  General restrictions are from 11 pm to 7 am.  Please see the Noise by-law and Set Fines for further details.

Nuisances
The Nuisance by-law essentially prohibits the conducting of any public nuisance. While a public nuisance may be many things, the by-law includes the keeping of animals in such a way as to cause material discomfort to any neighboring person and attracting or feeding any animals which causes material discomfort or annoyance to any neighbor.

Property Standards and Clean Yards
The Property Standards By-law and the Clean Yards by-law deal with the maintenance of buildings and yards. Property Standards is generally used for ensuring that buildings are kept in a safe and sanitary condition and that the property is kept clean and clear of debris. The Clean Yard by-law is a less complicated by-law and is mostly used for the cutting of grass and weeds and for the clean up of dirty back yards.
Property Standards Order Appeal Schedule, Fees and Information

Signs
The Sign By-law requires that a permit be issued prior to erecting a sign. The by-law defines the different kinds of signs and their placement on private property. There are a number of exceptions to the requirement for a permit and there are a number of signs prohibited altogether. The by-law also contains a site specific amendment process and fee for those signs that vary in a minor way from the definitions.

Please note:  before submitting a sign application or a sign site specific permit amendment application consultation must take place with staff to ensure that the applications are filled out correctly and complete.  For a sign information please contact Katie Monroe at ext. 226.

Sign Permit Application Form

Sign Site Specific Permit Application Form

Sign By-law 4586-12

Sign By-law Set Fines

Skateboards
The skateboard by-law was passed to restrict the areas in which skateboards may be used. With the construction of the facility at the arena this has not been a large concern.

Swimming Pools
The Swimming Pool by-law is for the regulation of fences around such pools. Any artificial body of water over 24 inches deep is required to be completely surrounded by a fence meeting the by-law requirements.  A Building Permit is required for the pool itself.

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