Loading...
By-law - Administrative Penalty Bylaw, as amended (Office Consolidation) - 20220920 - 6450-22By-law Number 6450-22, as amended Page 1 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Office Consolidation This is a consolidation of the Town’s Administrative Penalty By-law being By-law No. 6450-22, as amended. This is an electronic reproduction made available for reference and information purposes only. It is not an official version of the By-law. Official versions of all by-laws can be obtained by contacting the Legislative Services Division at (905) 727-3123 or clerks@aurora.ca. If there are any discrepancies between this consolidation and By-law No. 6450-22, as amended, the By-law(s) shall prevail. By-law No. 6450-22, as amended by By-law No. Purpose Date Enacted 6566-23 Replacement of Schedule “B” – Administrative Monetary Penalty System – Non-Parking Dec 12, 2023 6602-24 Addition of Table 18 to Schedule “B” Apr 23, 2024 The Corporation of the Town of Aurora By-law Number 6450-22 Being a By-law to establish an Administrative Monetary Penalty System in the Town of Aurora. Whereas Sections 102.1 and 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the “Municipal Act, 2001”) and O. Reg. 333/07, as amended, authorize municipalities to establish an administrative monetary penalty system requiring a person to pay an administrative penalty for a contravention of any designated by-law; And whereas Section 15.4.1 of the Building Code Act, 1992, S.O. 1992, c. 23 (the “Building Code Act, 1992”) authorizes municipalities to require a person, subject to such conditions as a municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with the municipal property standards by-law, or an order pursuant to such by-law; And whereas the purpose of the system of administrative penalties established by the municipality shall be to assist the municipality in promoting compliance with its designated by-laws; And whereas the Council of The Corporation of the Town of Aurora considers it desirable to provide for a system of administrative penalties and administrative fees for the designated Town by-laws, or portions of the designated Town by-laws set out herein; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: 1. Title 1.1 This by-law shall be known and cited as the “Administrative Penalty By-law”. 2. Definitions By-law Number 6450-22, as amended Page 2 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 2.1 Where words and phrases used in this by-law are not defined herein but are defined in the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended from time to time or any successor thereof (the “HTA”), with respect to any matters subject to a by-law designated under Section 102.1 of the Municipal Act, 2001, the definitions in the HTA shall apply. 2.2 Where words and phrases used in this by-law are not defined herein but are defined in the Building Code Act, 1992, as amended from time to time or any successor thereof, with respect to any matters related to a by-law designated pursuant to the Building Code Act, 1992, the definitions in the Building Code Act, 1992 shall apply. 2.3 In this by-law, the following words have the following meanings: (a) “Administrative Fee” means any fee(s) specified in Schedule “C” of this by-law, as may be amended from time to time; (b) “Administrative Penalty“ means an administrative penalty as set out in Schedules “A” and “B” of this by-law; (c) ”CAO” means the chief administrative officer of the Town, as appointed pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, or his/her designate; (d) “Designated By-law“ means a Town by-law, or a part or provision of a Town by-law, to which this Administrative Penalty By-law applies, as designated under this by-law and listed in the attached Schedules “A” and “B”; (e) “Director“ means the department head responsible for the Bylaw Services division of the Town, or his/her designate or successor; (f) “Effective Date of Service“ means the date on which service of a Penalty Notice is deemed to be effective in accordance with this by-law; (g) “Hearing Decision“ means the decision of a Hearing Officer, as set out in Section 6; (h) “Hearing Non-Appearance Fee“ means an Administrative Fee established by the Town from time to time in respect of a Person’s failure to appear at the time and place scheduled for a hearing before a Hearing Officer, as listed in Schedule “C”; (i) “Hearing Officer“ means any person appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with this by-law; (j) “Holiday“ means a Saturday, Sunday and any statutory holiday in the Province of Ontario or any day on which the offices of the Town are officially closed for business; (k) “Late Payment Fee“ means an Administrative Fee established by the Town from time to time in respect of a Person’s failure to pay an Administrative Penalty within the time prescribed in this by-law, as listed in Schedule “C”; By-law Number 6450-22, as amended Page 3 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 (l) “MTO Search Fee“ means an Administrative Fee established by the Town from time to time for any search of the records of, or any inquiry to, the Ontario Ministry of Transportation, or related authority, for the purposes of this by-law, as listed in Schedule “C”; (m) “NSF Fee“ means a fee established by the Town, as set out in the Town’s Fees and Charges By-law, in respect of any payment to the Town from a Person, for which there are insufficient funds available or the transaction is declined; (n) “Officer“ means a person appointed by the Town as a Municipal Law Enforcement Officer and any police officer; (o) “Owner“ means the Person(s) whose name(s) appears on the permit for the vehicle as provided by the Ontario Ministry of Transportation, and if the vehicle permit consists of a vehicle portion and a plate portion and different Persons are named on each portion, the Person(s) whose names appears on the plate portion; (p) “Penalty Notice“ means a notice as described in Section 4; (q) “Penalty Notice Date“ means the date of the contravention; (r) “Penalty Notice Number“ means the reference number specified on the Penalty Notice that is unique to that Penalty Notice; (s) “Person“ includes an individual, sole proprietorship, partnership, limited partnership, trust or corporation, or an individual in his or her capacity as a trustee, executor, administrator or other authorized agent; (t) “Plate Denial Fee“ means an Administrative Fee established by the Town from time to time, in relation to plate denial, as listed in Schedule “C”; (u) “Provincial Offences Act“ means the Provincial Offences Act, R.S.O., 1990, c. P. 33, as amended from time to time, or any successor thereof; (v) “Regulation“ means O. Reg. 333/07, made under the Municipal Act, 2001, as amended from time to time, or any successor thereof; (w) “Screening and Hearing Officer By-law“ means the Screening and Hearing Officer By-law of the Town, as amended from time to time, or any successor thereof; (x) “Screening Decision“ means the decision of a Screening Officer, as set out in Section 5; (y) “Screening Non-Appearance Fee“ means an Administrative Fee established by the Town from time to time in respect of a Person’s failure to appear at the time and place scheduled for a screening with a Screening Officer, as listed in Schedule “C”; (z) “Screening Officer“ means any person appointed by the Town from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a screening officer pursuant to this by-law; By-law Number 6450-22, as amended Page 4 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 (aa) “Statutory Powers Procedure Act“ means the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22, as amended from time to time, or any successor thereof; and (bb) “Town“ means The Corporation of the Town of Aurora and/or the geographical limits of the Town of Aurora, depending on the context of the provision in which the term appears. 3. Application of this By-law 3.1 The Town’s By-laws, or portions of Town By-laws, listed in the attached Schedule “A” of this by-law shall be Designated By-laws for the purposes of Section 102.1 of the Municipal Act, 2001 and paragraph 3(1)(b) of the Regulation. 3.2 The Town’s By-laws, or portions of Town By-laws, listed in the attached Schedule “B” of this by-law shall be Designated By-laws for the purposes of Section 434.1 of the Municipal Act, 2001 or Section 15.4.1 of the Building Code Act, 1992, as applicable. 3.3 The attached Schedules “A” and “B” of this by-law set out the Administrative Penalty, and include short form wording to be used on Penalty Notices, for the contraventions of Designated By-laws. 3.4 The attached Schedule “C” of this by-law sets out the Administrative Fees imposed for purposes of this by-law. 3.5 The Administrative Penalties designated in Schedules “A” and “B” as attached, may be dealt with by a Penalty Notice. 4. Penalty Notice 4.1 (a) Schedule “A” By-laws (Parking) If a vehicle has been left parked, standing or stopped in contravention of a Designated By-Law in Schedule “A”, the Owner of the vehicle shall, upon issuance of a Penalty Notice in accordance with this By-Law, be liable to pay to the Town an Administrative Penalty in the amount specified in Schedule “A”, and shall be liable to pay to the Town any Administrative Fees in accordance with this By-Law. (b) Schedule “B” By-laws If a Person is found in contravention of a Designated By-Law in Schedule “B”, the Person shall, upon issuance of a Penalty Notice in accordance with this By-Law, be liable to pay to the Town an Administrative Penalty in the amount specified in Schedule “B”, and shall be liable to pay to the Town any Administrative Fees in accordance with this By-Law. 4.2 An Officer who has reason to believe that a Person has contravened a Designated By-Law may issue a Penalty Notice in accordance with this By-Law. 4.3 If an Early Penalty Amount is set out in this by-law for a given contravention, any Penalty Notice for such contravention for which the Administrative Penalty is paid to the Town within fifteen (15) calendar days from the Effective Date of Service of the Penalty Notice, shall be subject to the Early Penalty Amount in lieu of the regular Set Penalty Amount. By-law Number 6450-22, as amended Page 5 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 4.4 The Penalty Notice shall include the following information: (a) the Penalty Notice Date; (b) the Penalty Notice Number; (c) the short form wording for the contravention; (d) the amount of the Administrative Penalty; (e) the time for payment of the Administrative Penalty, including the time for payment of the Early Penalty Amount; (f) information respecting the process by which the person may pay the Administrative Penalty or request a review of the Administrative Penalty; (g) a statement advising that an Administrative Penalty will constitute a debt of the Owner or Person to the Town; and (h) the name and identification number of the Officer issuing the Penalty Notice. 5. Review by Screening Officer 5.1 A Person who is served a Penalty Notice may, within 30 calendar days after the Effective Date of Service, request, in accordance with Subsection 5.3, that the Administrative Penalty be reviewed by a Screening Officer. 5.2 A Person who is served a Penalty Notice may, in accordance with Subsection 5.3, request that the Screening Officer extend the time to request a review to sixty (60) calendar days after the Effective Date of Service. 5.3 A request for a review, or for an extension of time to request a review, shall be in the form and manner as determined by the Director from time to time, and shall include the Penalty Notice Number and the Person’s contact information. Where a request is made by a Person who is not the Owner, the Person shall submit with the request an authorized agent/representative form, in the form as determined by the Director from time to time. Incomplete forms or forms not submitted in the form and manner as determined by the Director may not be accepted or processed, at the discretion of the Director. 5.4 The Screening Officer may only extend the time to request a review of the Administrative Penalty when the Person requesting the extension demonstrates, on a balance of probabilities, extenuating circumstances that warrant the extension of time. The Screening Officer will consider the request for extension before reviewing the Administrative Penalty. 5.5 Where an extension of time to request a review of an Administrative Penalty is not granted by the Screening Officer and no request is made to have the Administrative Penalty reviewed in accordance with Subsection 5.1, the Administrative Penalty and any applicable Administrative Fees shall be deemed to be affirmed and shall not be subject to review. 5.6 Where neither a review nor an extension of time for review are requested in accordance with this by-law, or where the Person fails to request a review within any extended period of time granted by the Screening Officer: By-law Number 6450-22, as amended Page 6 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 (a) the Person(s) served with the Penalty Notice shall be deemed to have waived the right to a screening and a hearing in relation to such notice; (b) the Administrative Penalty, and any applicable Administrative Fees, shall be deemed to be affirmed; and (c) the Administrative Penalty, and any applicable Administrative Fees, shall not be subject to review. 5.7 On a review of an Administrative Penalty, the Screening Officer may affirm the Administrative Penalty, including any applicable Administrative Fees, or the Screening Officer may cancel or reduce the Administrative Penalty or extend the time for payment of the Administrative Penalty, including any applicable Administrative Fees, on the following grounds: (a) where the Screening Officer is satisfied, on a balance of probabilities, that a contravention of a Designated By-law was not proven as set out in the Penalty Notice; or (b) where the Screening Officer is satisfied, on a balance of probabilities, that the cancellation, reduction or extension of the time for payment of the Administrative Penalty, including any applicable Administrative Fees, is necessary to reduce any undue hardship. 5.8 The Person that requested a review, or an extension to the time to request a review, by the Screening Officer shall be served with a copy of the Screening Decision within fifteen (15) calendar days after the review of the request is conducted by the Screening Officer, in accordance with Subsection 7.3. 6. Review by Hearing Officer 6.1 Any Person subject to a Screening Decision may request a review of the Screening Decision by a Hearing Officer, in accordance with Subsection 6.3, within thirty (30) calendar days after the date on which the Screening Decision was issued. 6.2 A Person subject to a Screening Decision may, in accordance with Subsection 6.3, request that the Hearing Officer extend the time to request a review of the Screening Decision to sixty (60) calendar days after the date on which the Screening Decision was issued. 6.3 A request for a review by the Hearing Officer, or for an extension of time to request a review before the Hearing Officer, shall be in the form and manner as determined by the Director from time to time, and shall include the Penalty Notice Number and the Person’s contact information. Where a request is made by a Person who is not the Owner, the Person shall submit with the request an authorized agent/representative form, in the form as determined by the Director from time to time. Incomplete forms or forms not submitted in accordance with the form and manner as determined by the Director may not be accepted or processed, at the discretion of the Director. 6.4 The Hearing Officer may only extend the time to request a review of the Screening Decision where the Person requesting the extension demonstrates, on a balance of probabilities, extenuating circumstances that warrant the extension By-law Number 6450-22, as amended Page 7 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 of time. The Hearing Officer will consider the request for extension before reviewing the Screening Decision. 6.5 Where an extension of time for a hearing review is not granted by the Hearing Officer and no request is made to have the Screening Decision reviewed in accordance with Subsection 6.1, the Screening Decision shall be deemed to be affirmed, and shall not be subject to review. 6.6 Where neither a hearing review nor an extension of time for a hearing review are requested in accordance with this by-law, or where the Person fails to request a hearing review within any extended period of time granted by the Hearing Officer: (a) the Person(s) served with the Penalty Notice shall be deemed to have waived the right to a hearing review in relation to such notice; (b) the Screening Decision shall be deemed to be affirmed; and (c) the Screening Decision shall not be subject to review. 6.7 A Person requesting a review by the Hearing Officer in accordance with this by- law shall be given at least thirty (30) calendar days’ notice of the date, time and place for the review by the Hearing Officer. 6.8 On a review of the Screening Decision, the Hearing Officer may affirm the Screening Decision, or the Hearing Officer may cancel, reduce or extend the time for payment of the Administrative Penalty, including any applicable Administrative Fees, on the following grounds: (a) where the Hearing Officer is satisfied, on a balance of probabilities, that the vehicle was not parked, standing or stopped in contravention of the Designated By-law set out in the Penalty Notice; or (b) where the Hearing Officer is satisfied, on a balance of probabilities, that the cancellation, reduction or extension of the time for payment of the Administrative Penalty, including any Administrative Fees, is necessary to reduce any undue hardship. 6.9 A Hearing Officer shall not make any decision respecting a review of the Screening Decision unless the Hearing Officer has given the Person subject to the Screening Decision and the Town an opportunity to be heard. 6.10 The hearing shall be subject to the Statutory Powers Procedure Act. 6.11 The Hearing Officer may consider and rely on a Penalty Notice singed by an Officer, including any associated photograph taken by the Officer. 6.12 In addition to anything else that is admissible at a hearing as evidence in accordance with the Statutory Powers Procedure Act, the materials referred to in Subsection 6.11 are admissible as evidence as proof of the facts contained therein, in the absence of evidence to the contrary. 6.13 If evidence referred to in Subsection 6.11 is being admitted at a hearing, the Hearing Officer shall not adjourn the hearing for the purpose of having the Officer attend to give evidence unless the Hearing Officer is satisfied that the oral evidence of the Officer is necessary to ensure a fair hearing. By-law Number 6450-22, as amended Page 8 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 6.14 The Person that requested the hearing, and any Person and Owner subject to the related Penalty Notice if different from the Person that requested the hearing, shall be served with a copy of the Hearing Decision within fifteen (15) calendar days of the hearing review. 6.15 The decision of a Hearing Officer is final. 6.16 Where notice of review has been given in accordance with this by-law, and the Person fails to appear at the time and place scheduled for a review by the Hearing Officer: (a) the Person shall be deemed to have abandoned the hearing; (b) the Screening Decision shall be deemed to be affirmed; and (c) the Person shall pay to the Town a Hearing Non-Appearance Fee, in addition to any other fees payable pursuant to this by-law. 7. Service of Documents 7.1 Service of a Penalty Notice pursuant to Paragraph (a) of Subsection 4.1 in any of the following ways, with respect to a contravening vehicle, is deemed effective by: (a) affixing it to the vehicle in a conspicuous place at the time of the contravention; (b) delivering it personally to the operator of the vehicle or the person having care and control of the vehicle at the time of the contravention; (c) mailing it by regular mail to the Owner of the vehicle at the address as set out on the ownership as soon as reasonably practicable after the contravention; or (d) delivering it to an occupant at the address of the Owner of the vehicle as set out on the ownership, who appears to be at least sixteen (16) years of age, as soon as reasonably practicable after the contravention. 7.2 Service of a Penalty Notice pursuant to Paragraph (b) of Subsection 4.1 in any of the following ways is deemed effective by: (a) delivering it personally to the Person named in the Penalty Notice at the time of the contravention; (b) mailing it by regular mail to the Person named in the Penalty Notice at his/her last known address, as soon as reasonably practicable after the contravention; or (c) delivering it to an occupant, who appears to be at least sixteen (16) years of age, at the last known address of the Person named in the Penalty Notice, as soon as reasonably practicable after the contravention. 7.3 Service of any document other than a Penalty Notice may be made by: (a) delivering it personally; By-law Number 6450-22, as amended Page 9 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 (b) delivering it to an occupant, who appears to be at least sixteen (16) years of age, at the last known address of the Owner or the Person to whom the documents apply; (c) delivering it by regular mail to the last known address of the Owner or the Person to whom the documents apply; or (d) by email, to the email address provided by the Owner or Person to whom the documents apply. 7.4 For purposes of this by-law, with respect to any matters subject to a by-law designated under Section 102.1 of the Municipal Act, 2000, the last known address of the Owner shall be the address as set out on the vehicle ownership or, where an updated address has been provided in writing by the Owner to the Town at the time of service, such updated address. 7.5 Any Penalty Notice or document sent in writing by regular mail, as set out in this by-law, is deemed to have been served on the fifth (5th) calendar day after the date of mailing. 7.6 Any Penalty Notice affixed to the vehicle to which it applies, or any Penalty Notice or document delivered personally in accordance with this by-law, is deemed to have been served on the date and time of such delivery. 7.7 Service on a Person who is not the Owner, in accordance with this by-law, including service of a Penalty Notice, Screening Decision or Hearing Decision by handing it to the Person, shall be deemed to be service on the Owner. 7.8 Any document served by email, as set out in this by-law, shall be deemed to have been served on the day of transmission. 8. Administration 8.1 The Director shall administer this by-law and is delegated the power to: (a) designate locations within the Town, and times, for conducting reviews and hearings under this by-law; and (b) prescribe all forms, notices, including the Penalty Notice, guidelines, practices, processes and procedures, necessary to implement this by-law and the administrative penalty system, and to amend the same from time to time as the Director deems necessary. 8.2 The CAO is delegated the power to establish and implement any policies necessary to implement this by-law and the administrative penalty system at the Town, and may amend the same from time to time, as the CAO deems necessary. 8.3 For the purposes of Subsection 23.2(4) of the Municipal Act, 2001, Council has determined that any powers delegated pursuant to this by-law are minor in nature. 9. Penalty Payment and Administrative Fees By-law Number 6450-22, as amended Page 10 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 9.1 A Penalty Notice that is paid prior to a review by Screening Officer shall be deemed as final and will not be subject to screening, unless there is an error on the face of the Penalty Notice as determined by the Director. 9.2 Unless otherwise stated in this by-law, upon issuance of a Penalty Notice pursuant to Subsection 4.1, the Administrative Penalty set out in such notice shall be due and payable to the Town thirty (30) calendar days from the Effective Date of Service of the Penalty Notice. 9.3 Notwithstanding Subsection 9.2, where an Administrative Penalty, including any Administrative Fees, is(are) affirmed, or reduced by a Screening Officer or a Hearing Officer, the Administrative Penalty and any Administrative Fees shall be due and payable on the date specified in the Screening Decision or Hearing Decision, as the case may be, or if no such date is specified, thirty (30) days after service of the Screening Decision or the Hearing Decision. 9.4 Notwithstanding Subsection 9.2, where a Person makes a request for an extension of time for payment, and the request is granted, the date on which the Administrative Penalty is due and payable shall be the date established in accordance with such extension of time. 9.5 Where an Administrative Penalty, with respect to a Penalty Notice issued pursuant to Paragraph (a) of Subsection 4.1, is not paid on or before the date it is due and payable, in addition to the Administrative Penalty and any other fees that may be payable pursuant to this by-law, the Owner of the vehicle subject to the Penalty Notice shall be liable to pay to the Town the MTO Search Fee. 9.6 Where an Administrative Penalty is not paid within thirty (30) calendar days after it becomes due and payable, in addition to the Administrative Penalty and any other fees that may be payable pursuant to this by-law: (a) with respect to a Penalty Notice issued pursuant to Paragraph (a) of Subsection 4.1, the Owner of the vehicle subject to the Penalty Notice shall be liable to pay to the Town the Late Payment Fee; (b) with respect to a Penalty Notice issued pursuant to Paragraph (b) of Subsection 4.1, the Person subject to the Penalty Notice shall be liable to pay to the Town the Late Payment Fee. 9.7 Where an Administrative Penalty issued pursuant to Paragraph (a) of Subsection 4.1 and any Administrative Fees are not paid within seventy-five (75) calendar days after they become due and payable, the Town may: (a) notify the Registrar of Motor Vehicles of the default and the Registrar shall not validate the permit of a Person named in the default notice nor issue a new permit to that Person, in respect of the vehicle to which the Administrative Penalty and Administrative Fees apply, until the penalty and any applicable fees are paid, in which case the Owner of the vehicle in respect of which the Penalty Notice was issued shall, in addition to the Administrative Penalty and any other fees that may be payable pursuant to this by-law, pay to the Town a Plate Denial Fee; and (b) pursue any other collection mechanisms available to the Town pursuant to the Regulation or at law. By-law Number 6450-22, as amended Page 11 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 9.8 Where a person provides a method of payment to the Town for payment of any Administrative Penalty or Administrative Fee, which has insufficient funds available in the account on which the instrument was drawn, the Owner shall, in addition to the Administrative Penalty and any other fees that may be payable pursuant to this by-law, be liable to pay to the Town an NSF Fee. 9.9 All amounts due and payable to the Town pursuant to this by-law constitute a debt to the Town. 9.10 Where an Administrative Penalty is cancelled by a Screening Officer or a Hearing Officer, any related Administrative Fee is also cancelled. 9.11 Where a Person has paid an Administrative Penalty or an Administrative Fee that is cancelled or reduced pursuant to this by-law, the Town shall refund the amount cancelled or reduced. 9.12 Where the Person served with a Penalty Notice issued pursuant to Paragraph (a) of Subsection 4.1, or issued a Screening Decision, is not the Owner, the Owner may exercise any right that such Person may exercise under this by-law. 9.13 No Officer may accept payment in respect of an Administrative Penalty or Administrative Fee. 9.14 Payment of any Administrative Penalty or Administrative Fee must be received on or before the date on which it is due and payable, or any extended due date in accordance with this by-law, and will not be credited until received by the Town. 9.15 Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday. 10. Offences 10.1 No Person shall: (a) make a false, misleading or fraudulent statement in relation to a Penalty Notice, or on any form submitted to the Town in relation to a Penalty Notice; or (b) obstruct an Officer exercising any authority under this by-law. 10.2 No Person shall attempt, directly or indirectly, to communicate with a Screening Officer or Hearing Officer for the purpose of influencing or interfering, financially, politically or otherwise with, the Screening Officer or Hearing Officer respecting a Penalty Notice and/or respecting a power of decision in a proceeding that is or will be pending before a Screening Officer or Hearing Officer, except: (a) a Person who is entitled to be heard in the proceeding or the Person’s lawyer, licensed paralegal or authorized representative; and (b) only by that Person or the Person’s lawyer, licensed paralegal or authorized representative during the hearing of the proceeding in which the issues arise. 10.3 Any Person who contravenes Subsection 10.1 or Subsection 10.2 is guilty of an offence and, upon conviction, is liable to a fine as provided for in the Provincial Offences Act. By-law Number 6450-22, as amended Page 12 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 10.4 If a corporation has contravened Subsection 10.1 or Subsection 10.2, every director and officer who knowingly concurred in such a contravention is guilty of an offence. 11. Interpretation 11.1 Nothing in this by-law prevents a Screening Officer or a Hearing Officer from seeking or receiving legal advice. 11.2 Unless otherwise specified, references in this by-law to parts, sections, subsections, clauses and schedules are references to parts, sections, subsections clauses, and schedules in this by-law. 11.3 The part and section headings contained throughout this document are for reference purposes only and do not form a part of this by-law. This by-law is to be interpreted without reference to such headings. 11.4 References in this by-law to any statute or statutory provisions include references to that statute or statutory provision as it may from time to time be amended, extended, or re-enacted. 11.5 This by-law shall be read with all changes in gender or number as the context requires. 11.6 References in this by-law to items in the plural include the singular, and references to the singular include the plural, as applicable. 11.7 The words “include”, “includes”, “including” are not to be read or interpreted as limiting the words, phrases, or descriptions that precede it. 11.8 Should any provision, or any part of a provision, of this by-law, be declared invalid, or to be of no force and effect, by a court of competent jurisdiction, it is the intent of Council that such a provision, or part of a provision, be severed from this by- law and every other provision of this by-law shall be applied and enforced in accordance with its terms to the extent possible according to law. 12. Effective Date 12.1 This by-law shall come into force and effect on February 1, 2023. Enacted by Town of Aurora Council this 20th day of September, 2022. By-law Number 6450-22, as amended Page 13 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Schedule “A” Administrative Monetary Penalty System - Parking Designated By-law, Short Form Wordings and Administrative Penalties 1. The provisions of each by-law listed in Column 2 of the following tables are Designated By-laws. 2. Column 3 in the following tables sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 2. 3. Column 5 in the following tables sets out the Administrative Penalty amount that is payable for a contravention of the designated provision listed in Column 2 for the matter(s) identified in Column 3. 4. The penalties shown in Column 4 below set out the Administrative Penalty Amount that is payable for contraventions of the designated provisions in cases where payment is made to the Town within Early Payment Amount timeline set out in this by-law. Parking and Traffic Control By-law Number 4574-04.T, as amended COLUMN 1 ITEM COLUMN 2 DESIGNATED PROVISION COLUMN 3 SHORT FORM WORDING COLUMN 4 EARLY PENALTY AMOUNT COLUMN 5 SET PENALTY AMOUNT 1 3.1.1 (a) (i) Improper parallel parking – raised curb $20.00 $30.00 2 3.1.1 (a) (ii) Improper parallel parking – rolled curb/no curb $20.00 $30.00 3 3.2 (a) (i) Park obstruct private roadway $35.00 $50.00 4 3.2 (a) (ii) Park within 60cm of driveway $40.00 $60.00 5 3.2 (a) (iii) Park within 3m of fire hydrant $65.00 $100.00 6 3.2 (a) (iv) Park within 15m of an intersecting roadway $35.00 $50.00 7 3.2 (a) (v) Park within 15m of a railway $35.00 $50.00 8 3.2 (a) (vi) Park displaying vehicle for sale $40.00 $60.00 9 3.2 (a) (vii) Park washing/greasing/repairing vehicle $35.00 $50.00 10 3.2 (a) (viii) Park alongside tracks of a railway $35.00 $50.00 11 3.2 (a) (ix) Park preventing removal of another vehicle $35.00 $50.00 12 3.2 (a) (x) Park obstruct a crosswalk or crossover $50.00 $75.00 13 3.2 (a) (xi) Park interfere with traffic $50.00 $75.00 By-law Number 6450-22, as amended Page 14 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 14 3.2 (a) (xii) Park within 152m of a fire fighting apparatus $85.00 $125.00 15 3.2 (a) (xiii) Park on a bridge $35.00 $50.00 16 3.2 (a) (xiv) Park on a boulevard $35.00 $50.00 17 3.2 (a) (xv) Park interfere with snow clearing $50.00 $75.00 18 3.2 (b) Park commercial vehicle on any highway $50.00 $70.00 19 3.3 (a) (i) Park within 30m of intersection/signs $35.00 $50.00 20 3.3 (a) (ii) Park within 8m/30m of fire hall $35.00 $50.00 21 3.3 (a) (iii) Park within turning basin $20.00 $30.00 22 3.3 (a) (iv) Park on divided portion of highway $20.00 $30.00 23 3.4 (a) (i) Stop on sidewalk $35.00 $50.00 24 3.4 (a) (ii) Stop within an intersection, crosswalk or crossover $35.00 $50.00 25 3.4 (a) (iii) Stop within 9m of pedestrian crossover – opposing direction $20.00 $30.00 26 3.4 (a) (iv) Stop within 9m of pedestrian crossover – same direction $20.00 $30.00 27 3.4 (a) (v) Stop impede traffic $20.00 $30.00 28 3.4 (a) (vi) Double parked $20.00 $30.00 29 3.4 (a) (vii) Stop on bridge or within underpass $20.00 $30.00 30 4.1 (a) Park contrary to sign $35.00 $50.00 31 4.1 (b) Park during prohibited times $35.00 $50.00 32 4.1 (c) Park during restricted times $35.00 $50.00 33 4.1 (d) (i) Park within 12m in front of Bus Stop $35.00 $50.00 34 4.1 (d) (ii) Park within 24m behind Bus Stop $35.00 $50.00 35 4.2 (a) Stop contrary to sign $35.00 $50.00 36 5.1 (b) Stop in school bus loading zone 37 5.2 (a) Park anytime between 2 a.m. and 6 a.m. from Nov. 15 to Apr. 15 $35.00 $50.00 38 5.3 (a) (i) Park on private property without consent $30.00 $45.00 39 5.3 (a) (ii) Park on municipal property without consent $30.00 $45.00 40 5.4 Park exceeding 24 hours – abandoned vehicle $38.00 $50.00 41 5.5 (d) Park in disabled persons parking space $300.00 $425.00 42 5.6 Park in a fire route $100.00 $175.00 43 5.7 (d) Park in emergency no parking zone $75.00 $100.00 44 5.8 Park vehicle in an electric vehicle charging station $125.00 $150.00 By-law Number 6450-22, as amended Page 15 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Schedule “B” (Amended per By-law No. 6566-23) Administrative Monetary Penalty System – Non-Parking Designated By-laws, Short Form Wordings and Administrative Penalties 1. The provisions of each by-law listed in Column 2 of the following tables attached and forming part of this Schedule “B” are Designated By-laws. 2. Column 3 in the following tables set out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 2. 3. Column 5 in the following tables set out the Administrative Penalty Amount that is payable for a contravention of the designated provision listed in Column 2 for the matter(s) identified in Column 3. 4. The penalties shown in Column 4 in the following tables set out the Administrative Penalty Amount that is payable for contraventions of the designated provisions in cases where payment is made to the Town within the Early Payment Amount timeline set out in this by-law. By-law Number 6450-22, as amended Page 16 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 1 to Schedule “B” Roadside Sales By-law Number 4739-05.P Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 2. i) Sell goods along a highway $150.00 $200.00 2 2. ii) Sell goods from a vacant lot along a highway $150.00 $200.00 By-law Number 6450-22, as amended Page 17 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 2 to Schedule “B” Discharge of Firearms By-law Number 4740-05.P Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 1. Discharge a gun, firearm, air gun, spring- gun, cross-bow or long-bow within the Town of Aurora $158.00 $210.00 By-law Number 6450-22, as amended Page 18 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 3 to Schedule “B” Parks and Property Number 4752.05.P Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 2. Enter restricted/prohibited area $188.00 $250.00 2 3. (a) Engage in inappropriate conduct $188.00 $250.00 3 3. (c) Urinate in a park or public place $188.00 $250.00 4 6. (a) Climb tree, building, structure or non- climbing equipment $57.00 $75.00 5 6. (b) Break, injure, deface or remove vegetation $113.00 $150.00 6 6. (c) Break, injure, deface or vandalize property $38.00 $50.00 7 6. (d) Climb or remove rock, soil, sand or wood $113.00 $150.00 8 6. (f) Drive, park or walk in prohibited area $113.00 $150.00 9 8. (a) Kill, attempt to kill, maim, injure, trap or disturb wildlife $188.00 $250.00 10 8. (b) Touch, injure, or remove nest or egg $188.00 $250.00 11 8. (c) Allow pet to kill, attempt to kill, maim, injure, trap or disturb wildlife $188.00 $250.00 12 15. Dwell or lodge in any park or public place $113.00 $150.00 13 16. Place, install, or erect tent or structure $113.00 $150.00 14 17. Swim or bathe in fountain, pond, lake, or stream $113.00 $150.00 15 20. Fish in prohibited area $113.00 $150.00 16 21. Play or practice golf $113.00 $150.00 17 22. (a) Operate powered model of aircraft, rocket, watercraft or vehicle $188.00 $250.00 18 23. Tether, launch, or land hot air balloon, hang glider, ultra light aircraft, parachute or similar conveyance $113.00 $150.00 19 26. (1)(a) Roller skate, skateboard, rollerblade, or use scooter in prohibited area $113.00 $150.00 20 26. (1)(b) Obstruct, inconvenience, or endanger other user operating roller skates, skateboards, scooters or like conveyances $113.00 $150.00 21 29. (e) Use any parking place while not in use of the park $34.00 $45.00 22 30. (a) Wash, clean, or service a motor vehicle $113.00 $150.00 23 30. (b) Pick, collect, or gather worms for commercial gain $113.00 $150.00 24 30. (c) Cause a nuisance in a park or public place $188.00 $250.00 25 30. (d) Loiter in a park or public place $75.00 $100.00 26 31. (a) Ride or operate bicycle in prohibited area $75.00 $100.00 27 31. (b) Obstruct, inconvenience, or endanger other users while riding or operating a bicycle $113.00 $150.00 28 34. (1)(a) Permit dog to run at large in a park $188.00 $250.00 29 34. (2) Fail to remove excrement $113.00 $150.00 By-law Number 6450-22, as amended Page 19 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 3 to Schedule “B” Parks and Property Number 4752.05.P Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 30 35. Bring or permit exotic animal in a park or public place $113.00 $150.00 31 36. (1)(a) Sell, offer, or display food, drink, or refreshment for sale $188.00 $250.00 32 36. (1)(b) Sell, offer, or display any good, ware, merchandise, or articles for sale $188.00 $250.00 33 36. (1)(c) Sell, offer, or display art, skill, service or work for sale $188.00 $250.00 34 37. (a) Distribute, discard, or display any handbill, notice or any other printed material in a park or public place $188.00 $250.00 35 37. (b) Post, nail, attach, stencil or erect any poster, sign, notice, or placard or any other printed material in a park or public place $188.00 $250.00 36 37. (c) Post, affix or attach any handbills, notices or other circular on any vehicle in a park or public place $188.00 $250.00 By-law Number 6450-22, as amended Page 20 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 4 to Schedule “B” Fireworks By-law Number 5373-11 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 2. (a) Sell/provide firecrackers $169.00 $225.00 2 2. (b) Sell/provide family fireworks on a prohibited day $188.00 $250.00 3 2. (c) Sell/provide family fireworks to person under 18 years of age $188.00 $250.00 4 2. (d) Sell/provide display fireworks to person under 21 years of age $188.00 $250.00 5 2. (e) Sell family fireworks in an accessible location or near a means of access or egress $188.00 $250.00 6 2. (f) Fail to display Fireworks By-law $188.00 $250.00 7 4. Set off firecracker $225.00 $300.00 8 5. (a) Set off family fireworks on a prohibited day $450.00 $600.00 9 5. (b) Set off family fireworks during prohibited time $450.00 $600.00 10 5. (c) Set off family fireworks in a building or vehicle $525.00 $700.00 11 5. (e) Parent/guardian allow or permit underage person to set off family fireworks $375.00 $500.00 12 5. (f) Set off family fireworks on any land without written permission $375.00 $500.00 13 5. (g) Set off family fireworks on public land without approval $450.00 $600.00 14 5. (h) Fail to provide and maintain fully operational fire extinguishing equipment $375.00 $500.00 15 6. (a) Set off display fireworks without a permit $450.00 $600.00 By-law Number 6450-22, as amended Page 21 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 5 to Schedule “B” Sewer By-law Number 5518-13 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 3.1 a) (iv) Person discharges or permits the discharge of any substance to a sanitary sewer that may cause or result in a nuisance or offensive odour $225.00 $300.00 2 3.1 a) (v) Person discharges or permits the discharge of any substance to a sanitary sewer that may cause or result in damage to sewer works or any part thereof $225.00 $300.00 3 3.1 a) (vi) Person discharges or permits the discharge of any substance to a sanitary sewer that may cause or result in an obstruction or restriction to the flow in any sewage works $225.00 $300.00 4 4.1 a) Person discharges or permits the discharge of sewage or contaminated water into any storm sewer or to land drainage works $225.00 $300.00 5 11.1 Person connects, or causes to be connected, any private sewer line to any sewage works without authorization $225.00 $300.00 By-law Number 6450-22, as amended Page 22 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 6 to Schedule “B” Business Licensing Bylaw Number 5630-14 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 2. (1) (a) Amusement Place Owner - no Licence $117.00 $155.00 2 2. (1) (a) Amusement Place Operator - no Licence $117.00 $155.00 3 2. (1) (b) Auctioneer - no Licence $117.00 $155.00 4 2. (1) (c) Billiards Owner - no Licence $117.00 $155.00 5 2. (1) (c) Billiards Operator - no Licence $117.00 $155.00 6 2. (1) (d) Body Rub Parlour Owner - no Licence $192.00 $255.00 7 2. (1) (d) Body Rub Parlour Operator - no Licence $117.00 $155.00 8 2. (1) (e) Body Rubber - no Licence $79.00 $105.00 9 2. (1) (f) Driving School Owner/Instructor - no Licence $79.00 $105.00 10 2. (1) (g) Taxicab Owner - no Licence $117.00 $155.00 11 2. (1) (g) Taxicab Driver - no Licence $79.00 $105.00 12 2. (1) (h) Taxicab Broker - no Licence $79.00 $105.00 13 2. (1) (j) Driving School Instructor - no Licence $117.00 $155.00 14 2. (1) (k) Hawker - no Licence $117.00 $155.00 15 2. (1) (k) Peddler - no Licence $117.00 $155.00 16 2. (1) (l) Horse Riding Establishment Owner - no Licence $117.00 $155.00 17 2. (1) (l) Horse Riding Establishment Operator - no Licence $117.00 $155.00 18 2. (1) (m) Limousine Owner - no Licence $117.00 $155.00 19 2. (1) (m) Limousine Driver - no Licence $79.00 $105.00 20 2. (1) (n) Mobile Sign Lessor - no Licence $117.00 $155.00 21 2. (1) (o) Pawnbroker - no Licence $117.00 $155.00 22 2. (1) (p) Refreshment Vehicle Owner - no Licence $117.00 $155.00 23 2. (1) (p) Refreshment Vehicle Vendor - no Licence $79.00 $105.00 24 2. (1) (q) Salvage Yard Owner - no Licence $117.00 $155.00 25 2. (1) (q) Salvage Yard Operator - no Licence $79.00 $105.00 26 2. (1) (r) Second Hand Goods Vendor - no Licence $79.00 $105.00 27 2. (1) (r) Second Hand Goods' Shop Owner - no Licence $117.00 $155.00 28 2. (1) (s) Adult Entertainment Parlour Owner - no Licence $192.00 $255.00 29 2. (1) (s) Adult Entertainment Parlour Operator - no Licence $117.00 $155.00 30 2. (1) (t) Adult Entertainment Parlour Entertainer - no Licence $79.00 $105.00 31 2. (1) (u) Kennel Owner - no Licence $192.00 $255.00 32 2. (1) (u) Kennel Operator - no Licence $117.00 $155.00 33 13 (1) Failure to Post Licence $79.00 $105.00 34 13 (2) Failure to Carry Licence $79.00 $105.00 35 16. (1) Discriminate any member of the public $267.00 $355.00 36 16. (3) (a) Fail to serve person with disability $267.00 $355.00 37 17. (4) Obstruct an Inspection $192.00 $255.00 38 Schedule 1 - Provision 12. Adult Entertainment Parlour Owner - Permit unlicensed Operator $117.00 $155.00 By-law Number 6450-22, as amended Page 23 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 6 to Schedule “B” Business Licensing Bylaw Number 5630-14 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 39 Schedule 1 - Provision 16. Adult Entertainment Parlour Owner - Permit entertainer to make contact with another person in parlour $117.00 $155.00 40 Schedule 1 - Provision 16. Adult Entertainment Parlour Operator - Permit entertainer to make contact with another person in parlour $117.00 $155.00 41 Schedule 1- Provision 27. Adult Entertainment Parlour Owner - Permit the use of camera, photographic or recording device in parlour $192.00 $255.00 42 Schedule 1 - Provision 27. Adult Entertainment Parlour Operator - Permit the use of camera, photographic or recording device in parlour $192.00 $255.00 43 Schedule 1 - Provision 41. Adult Entertainment Parlour Owner - Permit person under the age of eighteen years to enter or remain in parlour $192.00 $255.00 44 Schedule 1 - Provision 41. Adult Entertainment Parlour Operator – Permit person under the age of eighteen years to enter or remain in parlour $192.00 $255.00 45 Schedule 6 – Provision 2. (a) Driving School Instructor - give instruction without dual brake $79.00 $105.00 46 Schedule 6 - Provision 2. (b) Driving School Instructor - give instruction to student without a valid driver's licence or permit $117.00 $155.00 47 Schedule 6 - Provision 2. (e) Driving School Instructor - fail to affix Aurora Plate $117.00 $155.00 48 Schedule 6 - Provision 2. (h) Driving School Instructor - fail to display sign $79.00 $105.00 49 Schedule 6 - Provision 2. (k) Driving School Instructor - give instruction in restricted area $117.00 $155.00 50 Schedule 9 - Provision 8. (b) (i) Limousine Owner – fail to affix Owner’s plate on vehicle $79.00 $105.00 51 Schedule 9 – Provision 8. (c) Limousine Owner - fail to employ Licensed Driver $79.00 $105.00 52 Schedule 9 - Provision 8. (c) Limousine Owner - fail to use the service of Licensed Driver $79.00 $105.00 53 Schedule 9 - Provision 13. (b) Limousine Owner - operate limousine not free of mechanical defects $117.00 $155.00 54 Schedule 9 - Provision 13. (e) Limousine Owner - unregistered limousine $117.00 $155.00 55 Schedule 9 - Provision 13. (f) Limousine Owner - operate limousine not in good repair (interior) $79.00 $105.00 56 Schedule 9 - Provision 13. (g) Limousine Owner - operate limousine with exterior damage or rust $79.00 $105.00 57 Schedule 9 - Provision 13. (k) Limousine Owner - permit Limousine to be operated as a Taxicab $117.00 $155.00 58 Schedule 9 - Provision 27. (a) Limousine Driver - fail to display identification card $79.00 $105.00 By-law Number 6450-22, as amended Page 24 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 6 to Schedule “B” Business Licensing Bylaw Number 5630-14 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 59 Schedule 9 - Provision 27. (b) Limousine Driver - fail to wear identification card $79.00 $105.00 60 Schedule 9 - Provision 31. (f) Limousine Driver - drive limousine without Owner's Plate affixed $79.00 $105.00 61 Schedule 11 - Provision 21. Refreshment Vehicle Vendor - fail to wear identification badge $79.00 $105.00 62 Schedule 13 - Provision 9. (b) (i) Taxicab Owner - fail to have plate affixed to Taxicab $79.00 $105.00 63 Schedule 13 - Provision 9. (b) (ii) Taxicab Owner - fail to have markings on Taxicab $79.00 $105.00 64 Schedule 13 - Provision 9. (b) (ii) Taxicab Owner - fail to have equipment in or on Taxicab $79.00 $105.00 65 Schedule 13 - Provision 9. (b)(iii)(1) Taxicab Owner - no tariff card in Taxicab $79.00 $105.00 66 Schedule 13 - Provision 9. (b) (iv) Taxicab Owner - meter not sealed $79.00 $105.00 67 Schedule 13 - Provision 9. (b) (iv) Taxicab Owner - meter not clearly visible $79.00 $105.00 68 Schedule 13 - Provision 9. (c) Taxicab Owner - employ unlicensed driver $79.00 $105.00 69 Schedule 13 - Provision 9. (c) Taxicab Owner - use the services of unlicensed driver $79.00 $105.00 70 Schedule 13 - Provision 10. (a) Taxicab Owner - operate unregistered Taxicab $117.00 $155.00 71 Schedule 13 - Provision 10. (e) Taxicab Owner - Taxicab operating with mechanical defects $117.00 $155.00 72 Schedule 13 - Provision 10. (f) Taxicab Owner - Taxicab not in good repair (interior) $79.00 $105.00 73 Schedule 13 - Provision 10. (g) Taxicab Owner - Taxicab not in good repair (exterior) $79.00 $105.00 74 Schedule 13 - Provision 10. (j) Taxicab Owner - Taxicab operating with no meter installed $79.00 $105.00 75 Schedule 13 - Provision 13. (a) Taxicab Driver - fail to display identification card $79.00 $105.00 76 Schedule 13 - Provision 13. (b) Taxicab Driver - fail to wear identification card $79.00 $105.00 77 Schedule 13 - Provision 13. (i) Taxicab Driver - fail to be civil $79.00 $105.00 78 Schedule 13 - Provision 13. (o) Taxicab Driver - fail to maintain interior in clean condition/good repair $79.00 $105.00 79 Schedule 13 - Provision 13. (r) Taxicab Driver - fail to keep daily trip sheet $79.00 $105.00 80 Schedule 13 - Provision 14. (l) Taxicab Driver - drive unlicensed Taxicab $79.00 $105.00 81 Schedule 13 - Provision 14. (t) Taxicab Driver - operate Taxicab without a Taxicab Plate $79.00 $105.00 82 Schedule 13 - Provision 14. (t) Taxicab ·driver - operate Taxicab without roof light $79.00 $105.00 83 Schedule 13 - Provision 14. (t) Taxicab Driver - operate Taxicab without side numbers $79.00 $105.00 By-law Number 6450-22, as amended Page 25 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 7 to Schedule “B” Sign By-law Number 5840-16 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 4.1 (a) Sign erected/cause to be erected/altered without permit $150.00 $200.00 2 5.11 Mobile Sign not in compliance $150.00 $200.00 3 5.12 Banner Sign not in compliance $150.00 $200.00 4 5.12 Feather Banner Sign not in compliance $150.00 $200.00 5 5.13 (d) Permit more than one (1) Real Estate Sign per lot $150.00 $200.00 6 5.13 (i) Open house sign placed other than date of event $150.00 $200.00 7 5.16 Sign not in compliance with language requirement $150.00 $200.00 By-law Number 6450-22, as amended Page 26 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 8 to Schedule “B” Private Tree Protection By-law Number 5850-16 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 4.(1) Permit or cause injury or destruction without a permit $388.00 $450.00 2 5.(1) Fail to obtain permit to remove dead, diseased, or hazard tree $388.00 $450.00 3 8.(4) Submit false or misleading information $388.00 $450.00 4 12.(5) Fail to comply with Order $388.00 $450.00 By-law Number 6450-22, as amended Page 27 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 9 to Schedule “B” Vacant Building By-law Number 6114-18 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 5.1 Fail to register Vacant Building $300.00 $400.00 2 5.2 (c) Fail to maintain or provide liability insurance $150.00 $200.00 3 5.3 Fail to provide report $150.00 $200.00 4 5.4 Fail to provide complete and/or accurate information $150.00 $200.00 5 6.2 Fail to update registration information $300.00 $400.00 6 6.3 Fail to register Vacant Building within 15 days of transfer $300.00 $400.00 7 6.5 Fail to post emergency contact signage $175.00 $100.00 8 7.1 (a) Fail to notify within 10 days of re- occupancy $150.00 $200.00 9 7.1 (d) Fail to obtain approval prior to re- occupancy $300.00 $400.00 10 8.3 Hinder or obstruct officer or employee $300.00 $400.00 By-law Number 6450-22, as amended Page 28 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 10 to Schedule “B” Animal Services By-law Number 6197-19 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 4.2 Allow domestic animal to remain in vehicle $375.00 $500.00 2 5.2 Fail to provide proof of training $113.00 $150.00 3 6.1 (a) Fail to license dog $225.00 $300.00 4 6.1 (c) Fail to affix dog tag $113.00 $150.00 5 7.1 Allow dog to run at large $300.00 $400.00 6 7.2 Permit unlicensed dog to enter leash-free park or designated/approved zone $75.00 $100.00 7 7.3 Allow dog in-prohibited area $113.00 $150.00 8 8.1 Care and control of more than three (3) dogs $225.00 $300.00 9 8.2 Keep more than three (3) dogs in a dwelling unit $225.00 $300.00 10 8.5 (a) Permit more than three (3) dogs in any leash-free park or approved/designated zone $225.00 $300.00 11 8.5 (c) Care and control of more than three (3) dogs in any leash-free park or designated/approved zone $225.00 $300.00 12 9.1 Fail to remove dog excrement $300.00 $400.00 13 12.1 Permit dog to attack, bite or engage in a fight $375.00 $500.00 14 13.1 (a) Fail to confine or tether dog subject to Notice to Muzzle $225.00 $300.00 15 13.1 (b) Fail to muzzle or leash dog subject to Notice to Muzzle $300.00 $400.00 16 13.1 (b) Permit dog subject to Notice to Muzzle to be in control of a person under the age of sixteen (16) $225.00 $300.00 17 14.4 (a) Fail to muzzle Dangerous Dog $338.00 $450.00 18 14.4 (b) Permit Dangerous Dog to enter leash-free park or approved/designated zone $375.00 $500.00 19 14.4 (c) Fail to purchase Dangerous Dog tag $225.00 $300.00 20 14.4 (d) Fail to post Dangerous Dog warning sign $225.00 $300.00 21 14.4 (f) Fail to microchip Dangerous Dog $225.00 $300.00 22 14.4 (g) Fail to spay or neuter Dangerous Dog $225.00 $300.00 23 14.4 (h) Fail to provide requested information about Dangerous Dog $225.00 $300.00 24 14.6 Fail to provide proof of training for Dangerous Dog $225.00 $300.00 25 16 Permit any dog to make noise, bark, or howl $225.00 $300.00 26 17.1 (a) Fail to license cat $225.00 $300.00 27 17.1 (c) Fail to affix cat tag $113.00 $150.00 28 18.1 Care and control of more than four (4) cats $113.00 $150.00 29 18.2 Keep more than four (4) cats in a dwelling unit $225.00 $300.00 30 19.1 Allow cat to run at large $300.00 $400.00 31 24.1 Keep a prohibited animal $300.00 $400.00 32 28.3 Hinder or obstruct officer or employee $375.00 $500.00 By-law Number 6450-22, as amended Page 29 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 11 to Schedule “B” Smoking By-law Number 6220-19 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 3.1 Person smoking in a public place $188.00 $250.00 2 3.2 Tenant permitting smoking on Town property $188.00 $250.00 By-law Number 6450-22, as amended Page 30 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 12 to Schedule “B” Clean Communities By-law Number 6257-20 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 3.1 Fail lo keep property free of excavations, trenches, ditches or depressions $263.00 $350.00 2 3.2 (a) Fail to keep property free of condition that is capable of holding standing water $263.00 $350.00 3 3.2 (b) Fail to keep property free of refuse that is capable of holding standing water $263.00 $350.00 4 3.3 Fail to keep property free of grass or weeds exceeding 20 cm in height $188.00 $250.00 5 3.4 Fail to keep adjacent boulevard free of grass or weeds exceeding 20 cm in height – initial inspection $180.00 $250.00 6 3.5 Throw, place, or deposit any refuse on any property $263.00 $350.00 7 3.6 Fail to keep property free of refuse $263.00 $350.00 8 3.7 Fail to keep adjacent boulevard free of refuse $263.00 $350.00 9 3.8 Fail to keep property or building free or graffiti $300.00 $400.00 10 3.9 Fail to keep fixture. wall. fence, or structure free or graffiti $300.00 $400.00 11 3.10 Place, cause to be placed, or permit to be placed graffiti on any property, fixture, or structure $300.00 $400.00 12 3.11 Injure or destroy a hedge, shrub, flower or tree on a boulevard or municipal property $188.00 $250.00 13 3.12 Defecate or urinate on any property or in a public place $188.00 $250.00 14 5.3 Hinder or obstruct officer or employee $375.00 $500.00 By-law Number 6450-22, as amended Page 31 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 13 to Schedule “B” Occupancy Encroachment By-law Number 6288-20 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 2.1 (a) Excavate, dig-up, break, tear-up, connect to, alter or destroy without authorization $338.00 $450.00 2 2.1 (b) Cross any raised curb, sidewalk or paved boulevard without authorization $338.00 $450.00 3 2.1 (c) Place, deposit, spill, track or otherwise leave material on a highway without authorization $318.00 $425.00 4 2.1 (d) Place, construct, or maintain any encroachment on any highway $318.00 $425.00 5 2.1 (e) Obstruct or block any highway $318.00 $425.00 6 2.2 Throw or deposit any refuse on any highway $338.00 $450.00 7 3.2 (a) Soft landscaping not maintained in a healthy state $225.00 $300.00 8 3.2 (b) Pavers not placed and maintained in compliance with applicable laws $225.00 $300.00 9 3.2 (d) Encroachment obstructs pedestrian or vehicle sight lines $225.00 $300.00 10 3.2 (e) Encroachment interferes with traffic control devices or signs $225.00 $300.00 11 3.2 (f) Encroachment interferes with Town access $225.00 $300.00 12 3.2 (h) Encroachment obstructs driveway $225.00 $300.00 13 3.2 (h) Encroachment poses a hazard to pedestrian or vehicle traffic $225.00 $300.00 14 3.2 (j) Encroachment interferes with ability to maintain Town property in a state of good repair $225.00 $300.00 15 3.2 (k) Encroachment interferes with sidewalk, bicycle trail, or utility $225.00 $300.00 16 3.2 (m) Encroachment creates an obstruction to any pedestrian path of travel $225.00 $300.00 17 3.2 (n) Encroachment is located within 0.50 metre of the edge of sidewalk $225.00 $300.00 18 3.2 (o) Encroachment is more than 0.9 metre in height $225.00 $300.00 19 3.2 (p) Encroachment within 1 metre of the curb $225.00 $300.00 20 3.2 (q) Encroachment within 3 metres of the vehicle traveled portion of any road without curbs $225.00 $300.00 21 3.2 (r) Encroachment within 1 metre radius around fire hydrant, fire hydrant valve, or private water shut off valve $225.00 $300.00 22 3.2 (s) Encroachment located within 1.5 metre of the side or rear of hydro electric transformer, switch, or equipment $225.00 $300.00 23 3.2 (s) Encroachment located in front of or at the opening side of hydro electric transformer, switch, or equipment $225.00 $300.00 24 3.2 (t) Encroachment not in a state of repair $225.00 $300.00 By-law Number 6450-22, as amended Page 32 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 13 to Schedule “B” Occupancy Encroachment By-law Number 6288-20 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 25 11.3 Hinder or obstruct officer or employee $375.00 $500.00 26 11.4 Fail to comply with any order or direction $375.00 $500.00 27 11.5 Fail to supply required information $375.00 $500.00 28 11.6 Decline or neglect to give, produce, or deliver any access, information, document, or other request $375.00 $500.00 By-law Number 6450-22, as amended Page 33 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 14 to Schedule “B” Noise By-law Number 6381-21 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 2.1 Person makes, causes, or permits unreasonable noise $188.00 $250.00 2 2.1 Person makes, causes, or permits persistent noise $188.00 $250.00 3 2.3 Person makes, emits, causes, or permits construction noise during prohibited time $263.00 $350.00 4 2.4 Person makes, emits, causes, or permits residential renovation noise during prohibited time $188.00 $250.00 5 2.5 Person makes, emits, causes, or permits waste collection noise during prohibited time $263.00 $350.00 6 2.6 Person causes or permits persistent noise made by any animal kept or used for any purpose $188.00 $250.00 By-law Number 6450-22, as amended Page 34 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 15 to Schedule “B” Short-Term Rental By-law Number 6426-22 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 3.1 Rent, lease, let short-term rental without license $488.00 $650.00 2 3.3 (a) Operate, rent, lease, or let or market short- term rental without valid license $488.00 $650.00 3 3.3 (d)(i) Operate, rent, lease, or let or market short- term rental using alternate license $488.00 $650.00 4 3.3 (d)(ii) Operate, rent, lease, or let or market short- term rental in contravention to by-law $488.00 $650.00 5 3.4 Conduct or market short-term rental while license is suspended, revoked, or expired $563.00 $750.00 6 3.7 Discriminate against any member of the public $563.00 $750.00 7 3.8 Carry on business, renting, leasing, or letting short-term rental on town owned property without authorization $338.00 $450.00 8 4.1 More than one short-term rental on lot $338.00 $450.00 9 4.2 Operating within more than one dwelling unit on lot $338.00 $450.00 10 4.3 Less than one off-street parking space per bedroom $338.00 $450.00 11 4.5 Changes to bedrooms, no license amendment $338.00 $450.00 12 4.6 (a) Provide sleeping accommodation in vehicle, tent, accessory building $488.00 $650.00 13 4.6 (b) Provide or permit use of more than three (3) bedrooms $338.00 $450.00 14 4.6 (c) Permit more than six (6) overnight guests $338.00 $450.00 15 4.6 (d) Permit use of non-identified bedrooms $338.00 $450.00 16 4.7 Fail to post or display license number for marketing, advertising, or promotion $338.00 $450.00 17 4.8 Fail to post short-term rental identification on exterior of premise $338.00 $450.00 18 4.9 Fail to respond to concerns within two (2) hours $338.00 $450.00 19 4.11 Market, list or advertise on unlicensed platform $338.00 $450.00 20 4.13 Operating in contravention of by-law or demerit point system $563.00 $750.00 21 4.15 Fail to provide proof of insurance $563.00 $750.00 22 13.3 Hinder or obstruct officer or employee $338.00 $450.00 23 13.4 Fail to comply with, or contravene, any order or direction issued by the Town pursuant to this by-law or the Act $338.00 $450.00 24 13.6 Decline or neglect to give, produce or deliver any information, documents requested $338.00 $450.00 25 13.7 Knowingly provide false information $338.00 $450.00 By-law Number 6450-22, as amended Page 35 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 16 to Schedule “B” Fences and Pool Enclosure By-law 6429-22 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 4.2 (a) Fence uses or is constructed with prohibited material - sharp material $225.00 $300.00 2 4.2 (b) Fence uses or is constructed with prohibited material - sheet/corrugated metal $225.00 $300.00 3 4.2 (c) Fence uses or is constructed with prohibited material - conducts electricity $225.00 $300.00 4 4.2 (d) Fence uses or is constructed with prohibited material - unsuitable material $225.00 $300.00 5 4.3 Fence not permanently affixed, erected or maintained longer than 180 days $338.00 $450.00 6 4.4 Use of non-compliant snow fence between November 15 and April 15 $338.00 $450.00 7 4.4 Snow fence non-complaint with requirements $338.00 $450.00 8 4.5 Fence in front yard constructed or erected without open-fence construction $338.00 $450.00 9 4.6 Fence exceeds height requirements $338.00 $450.00 10 4.8 Fence erected or located within 60 cm of building on adjacent properties constructed without removable panels or hinge panels $338.00 $450.00 11 5.1 Excavate, erect, or cause to be excavated or erected a privately-owned outdoor swimming pool without permit $450.00 $600.00 12 6.1 Failure to erect, maintain, a swimming pool enclosure as required $450.00 $600.00 13 6.4 Allow pool enclosure to have unprotected opening $450.00 $600.00 14 6.7 (a) Temporary enclosure height of less than 1.2 meters $338.00 $450.00 15 6.7 (b) Temporary enclosure mesh opening larger than 38 millimeters $338.00 $450.00 16 6.7 (c) Temporary enclosure T-bar intervals greater than 2 meters apart $338.00 $450.00 17 6.7 (d) Fail to have 9-gauge galvanized steel wire at top and bottom of temporary fence $338.00 $450.00 18 6.7 (e) Temporary fence not maintained $338.00 $450.00 19 6.8 (a) Entry of swimming pool left open and/or unlocked $450.00 $600.00 20 6.8 (b) Ladder attached while above-ground swimming pool not in use $338.00 $450.00 21 6.8 (c) Sides or rails of above-ground swimming pool allow for climbing $450.00 $600.00 22 6.8 (e) Exterior sides and rail of swimming pool in less than 1.5 meters or greater than 2.5 meters $338.00 $450.00 23 7.1 No temporary enclosure during pool construction $338.00 $450.00 24 7.2 Place or allow water to remain in pool before approved $525.00 $700.00 25 8.2 Hot tub, whirlpool or swim spa cover not secured and/or locked $338.00 $450.00 By-law Number 6450-22, as amended Page 36 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 17 to Schedule “B” Property Standards By-law Number 6543-23 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 50.1 Fail to comply with an order $375.00 $500.00 By-law Number 6450-22, as amended Page 37 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Table 18 to Schedule “B” (Added per By-law No. 6602-24) Property Standards By-law Number 6543-23 Column 1 Item Column 2 Designated Provision Column 3 Short Form Wording Column 4 Early Payment Amount Column 5 Set Penalty Amount 1 22.1 Fail to secure construction or demolition site $225.00 $300.00 2 22.2 Fail to provide suitable fencing at construction or demolition site $225.00 $300.00 By-law Number 6450-22, as amended Page 38 of 38 Town of Aurora Administrative Penalty By-law Effective February 1, 2023 Schedule “C” Administrative Fees ITEM FEE Screening Non-Appearance Fee $25 Hearing Non-Appearance Fee $50 Late Payment Fee $25 MTO Search Fee $10 Plate Denial Fee $25 Note: the fees and charges as listed in this Schedule will be subject to applicable taxes, including Harmonized Sales Tax (H.S.T.) where applicable.