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HomeMy WebLinkAboutCSD-2023-121 - Administrative Penalty System - Other By-law Offences Community Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: January 8, 2024 SUBMITTED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 PREPARED BY: Gloria MacNeil, Director of Enforcement, 519-741-2200 ext. 7952 WARD(S) INVOLVED: All DATE OF REPORT: December 18, 2023 REPORT NO.: CSD-2023-121 SUBJECT: Administrative Penalty System Other By-law Offences RECOMMENDATION: That City Council authorize and direct staff to expand the Administrative Monetary Penalty System, as set out in report CSD-2023-121; and, That City Council approve the Administrative Penalty By-law for Non-Parking By- laws (Schedule A); and, That City Council approve the By-law to repeal and replace By-law 2019-040, being the Screening and Hearing Officer By-law (Schedule B); and, That City Council approve amendments to the following By-laws: Parks By-law Chapter 270, as amended Animals Regulations Chapter 408, as amended Dog Designations Chapter 420, as amended Responsible Dog Ownership Chapter 421, as amended Noise By-law Chapter 450, as amended Public Nuisances - Chapter 467, as amended Management of Shopping Carts Chapter 475, as amended Alternative Massage Centres Chapter 508, as amended Fences Chapter 630, as amended Graffiti Chapter 637, as amended Heat in Rented Dwellings Chapter 640, as amended Lot Maintenance Chapter 650, as amended Standards of Maintenance and Occupancy of Property Chapter 665, as amended Signs Chapter 680, as amended Snow and Ice Removal from Roofs and Sidewalks Chapter 687, as amended Trees Chapter 690, as amended Tree Protection-Destruction-Injury Chapter 691, as amended Vacant Building Secured Chapter 694, as amended Open Air Burning Chapter 711, as amended Fireworks and Fire Crackers Chapter 739, as amended Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles Chapter 820, as amended Excavations within Highways Chapter 827, as amended Hedges and Other Objects Traffic Hazards Chapter 842, as amended Work Permit Work on Roadways Chapter 890, as amended Boulevard Beautification and Maintenance Chapter 895, as amended That City Council approve the amendments to the following policies relating to the Administrative Monetary Penalty System: GOV-COU-2015 - Conflict of Interest and Code of Conduct GOV-COU-2016 Public Complaints GOV-COU-2017 - Recruitment and Selection of Screening and Hearing Officers GOV-COU-2018 - Financial Management and Reporting GOV-COU-2019 - Preventing Political Interference GOV-COU-2020 - Undue Hardship REPORT HIGHLIGHTS: The City of Kitchener moved to an AMPS system for parking related matters in June 2019. That transition has been highly successful. Staff are proposing the transition of non-parking related by-laws such as noise, graffiti, snow and ice removal from sidewalks, signs, etc. from the traditional court system under the POA to an Administrative Monetary Penalty System (AMPS). AMPS is a customer service-based program, with a focus on early resolution, making the legal process more efficient and user friendly and less intimidating. EXECUTIVE SUMMARY: -law Enforcement Division successfully implemented the AMPS system for parking matters in June 2019. This transition proved to be very successful and has resulted in reduced wait times for resolving a parking ticket. At the time, the City partnered with the City of Waterloo to implement AMPS. This partnership has allowed for several shared efficiencies as part of the development process and will continue to provide further efficiencies as the program develops. Staff have now turned their attention to transitioning other, non-parking by-law matters to AMPS. Currently, tickets for non-parking by-law infractions such as noise, graffiti, snow and ice removal from sidewalks, signs, etc. issued by City staff are adjudicated pursuant to the Provincial Offences Act (POA),and are heard in the Ontario Court of Justice (Provincial Offences Court). The POA prescribes the process, and as a result, under this system there is limited opportunity for a municipality to provide a revised process that may be more flexible and suit the nature of the municipality. Staff are proposing that the City transition the adjudication of non-parking by-law tickets away from the traditional court system under the POA to an Administrative Monetary Penalty System (AMPS) as provided for in the Municipal Act, 2001 and the Building Code Act, 1992. Staff are of the opinion that there are several key benefits of this transition, with the key focus on making the legal process more efficient, user friendly, and less intimidating. Further, there will be a positive impact on the regional court system in terms of making court resources available for more serious matters. An AMPS program will provide for the same open, transparent and impartial process as is currently in place with the POA system, maintaining the fundamental principles of open court and due process. Similar to the existing dispute resolution process for parking matters, there will be two steps in the resolution process when someone chooses to dispute a non-parking by-law website. This will replace the POA system, which requires a ticket holder wishing to dispute a ticket to mail the provincial courts or to visit the courthouse in Kitchener. The AMPS process provides staff with an increased of level of discretion to resolve the ticket through a screening. If the ticket holder chooses not to accept the resolution offered primarily be conducted virtually, but occasionally may take place at an office within City Hall. The hearings officer will be an independent person appointed by City Council, on aring officer will be final and binding. The implementation plan will require the enactment of an AMPS Procedural By-law, similar to what was enacted by Council in 2019, that provides for the administrative process, replacing the current POA process. In addition, a by-law is required to amend a number of -laws to provide for the penalty provisions to refer to the AMPS process, as opposed to the current POA process. Further, the current Screening and Hearings Officer By-law will require amendments to provide for the appointment of screening officers and hearings officers. several policies which inform and guide the process going forward. BACKGROUND: The AMPS process for parking infractions was introduced in Kitchener in mid 2019. The program has been very successful and staff have been able to gain experience with the program and have seen a significant reduction in the length of time it takes for a ticket holder to dispute their tickets. It has also reduced the burden on Legal Services staff to attend the provincial court to represent the City on parking ticket matters. In 2018-19, The City of Kitchener partnered with the City of Waterloo to develop and implement AMPS for parking infractions. This time around, the City is again partnering with Waterloo, as well as the City of Cambridge. Research and development resources will continue to be shared going forward, and staff are developing a plan to share operational resources on an on-going basis whenever possible. REPORT: Staff now believe it is time to transition non-parking by-law tickets currently issued, processed and adjudicated pursuant to the Provincial Offences Act (POA), and heard in the Ontario Court of Justice (Provincial Offences Court) to the AMPS process. The POA prescribes the process, and as a result, under this regime there is limited opportunity for a municipality to provide a revised process that may be more flexible and suit the nature of the municipality. A municipality establishing an AMPS program must pass a Procedural AMPS By-law, which designates the by-laws and provisions to which AMPS will apply, and establishes the adjudication process. A Procedural By-law for parking infractions was enacted in 2019. Staff are proposing a separate by-law for non-parking by-laws, given the variation in the process between the two (2) types. The POA process will still apply to the designated by- laws/provisions, allowing the City to utilize the system that is most appropriate for the situation at hand. Similar to the parking AMPS process, this proposed AMPS process will also provide for resolution of a dispute at a screening review. If the screening decision is contested, the individual can then request a hearing. The resolution decision at a hearing is final. The following is an overview of how the proposed AMPS program would function: The process to issue a by-law ticket was formally a Provincial Offence Notice (PON), which will now to be known as a Penalty Notice; Staff are investigating a transition from issuing a Penalty Notice from a hand-written template document to an electronically inputted and printed format, with a hand- written template document still available as a secondary option; When a person wishes to dispute a Penalty Notice that they received, they can submit a screening request form online or by attending at the By-law Enforcement office, at any time during normal business hours; Requests for screenings will be accepted at the By-law Enforcement office and will be forwarded to legal staff who will be appointed as Screening Officers and will have the authority to conduct screening meetings. The AMPS program provides staff with discretion to attempt to resolve the Penalty Notice. This may include the potential to reduce the fine or provide for a payment program, if appropriate. Under the current POA process, the only option to resolve a PON is to pay it or request an early resolution date or a trial and attempt to resolve the matter at Court; If the person is not satisfied with the outcome of the screening meeting, they can request a hearing. This would be similar to requesting a trial under the current process, however staff have experienced through the parking ticket program that the hearings process will be less formal and more timely; The existing Hearings Officer process will be utilized to adjudicate matters at a City Council; Hearings would primarily take place virtually, with an option for occasional Hearings to take place in-person at City Hall. As in the current POA process, a Penalty Notice that remains unpaid, whether it goes through the full adjudication process or not, would eventually be sent to a third-party collections agency. The AMPS system also gives Municipalities the ability to have unpaid fines applied to the property tax roll if the owner of a property located in the municipality is the offender. As was required with the parking by-laws in 2019, this proposed transition will require cement by-laws. These amendments will add definitions making reference to the AMPS Administrative By-law, as well as amending the by- penalties under the POA process. The proposed amending by-law will amend the following by-laws listed below. Staff have included the transition of our most commonly utilized by-laws such as noise, waste material, snow and ice on sidewalks, signs, fireworks, etc. into the AMP system as this will provide customers with the ability to dispute and resolve charges in a quicker, less intimidating and more effective manner. Parks By-law Chapter 270, as amended Animals Regulations Chapter 408, as amended Dog Designations Chapter 420, as amended Responsible Dog Ownership Chapter 421, as amended Noise By-law Chapter 450, as amended Public Nuisances - Chapter 467, as amended Management of Shopping Carts Chapter 475, as amended Alternative Massage Centres Chapter 508, as amended Fences Chapter 630, as amended Graffiti Chapter 637, as amended Heat in Rented Dwellings Chapter 640, as amended Lot Maintenance Chapter 650, as amended Standards of Maintenance and Occupancy of Property Chapter 665, as amended Signs Chapter 680, as amended Snow and Ice Removal from Roofs and Sidewalks Chapter 687, as amended Trees Chapter 690, as amended Tree Protection-Destruction-Injury Chapter 691, as amended Vacant Building Secured Chapter 694, as amended Open Air Burning Chapter 711, as amended Fireworks and Fire Crackers Chapter 739, as amended Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles Chapter 820, as amended Excavations within Highways Chapter 827, as amended Hedges and Other Objects Traffic Hazards Chapter 842, as amended Work Permit Work on Roadways Chapter 890, as amended Boulevard Beautification and Maintenance Chapter 895, as amended BENEFITS OF AMPS Staff believe there are several significant benefits to implementing as AMPS program. The following is a brief overview of these benefits: The program provides enhanced customer service, and is less formal and less intimidating for the public as compared to the Provincial Offences Court process; Removing Provincial Offence tickets issued for by-law violationsfrom the Court process will allow the Regional Court Administration to reallocate time and resources to address other pressures; Staff will have increased flexibility and discretion to attempt to resolve disputes in the early stages of the process, through the screening process, which will be available through email, phone, or virtual meetings; The AMPS program will provide for less formal hearings to be held virtually or at City Hall (governed by the rules under the Statutory Powers Procedure Act and the Policies to be established in accordance with the Regulation) and will not have to be dependent upon the Court schedules at the Regional Courthouse. With the current volume of Provincial Offence Notices, under the current system, the wait time for a Court date could be as much as 6 to 12 months after the ticket is issued. Under the AMPS program, staff are anticipating for a significantly reduced wait time of approximately 2 to 6 weeks; Increased ability for officers to issue Penalty Notices to out-of- have committed a by-law violation, through different methods of service, which are not available in the POA system; Increase ability for the municipality to collect on unpaid tickets, adding heightened accountability to persons who commit a by-law violation. Under the current POA system, fine amounts are recommended by the municipality, but require final approval by the Provincial Ministry of the Attorney General. This approval process often takes several months and li have full control of the approved fines. AMPS allows for council to approve fines, and therefore, permits for a new approach to setting fines. As part of this process staff have undertaken a review of the existing set fines for offences where tickets currently exist. Staff have provided for adjustments to existing fines, now to be known as penalties. Further, staff are proposing an increased penalty (escalating fines) in situations where a person has been identified as a repeat offender regarding the same or similar by-law violation (ie. second or subsequent violations). Staff recommend that these escalated fines be increased based on a percentage of the original penalty amount. The current system under the POA, does not provide for much in the way of cost recovery for the work required by municipal staff to follow-up on, and process tickets where a person fails to respond to their ticket appropriately. Through the AMPS program, the City would establish the fees to be imposed on late/defaulted penalties, and all fees would remain with the municipality. Imposing fees for defaulted penalties can serve two (2) purposes, the first being an incentive to resolve the penalty notice as early as possible and secondly, to act as cost recovery for the added staff resources required to process penalty notices where the defendant fails to respond accordingly. The current legislative process for collecting defaulted non-parking by-law fines provides limited options. In many instances, the unpaid penalty will have to be sent to a collection agency. In this scenario, such agencies typically provide for a fee (often a percentage of the amount collected) from the municipality. The AMPS process allows for a fee to be added when a defaulted penalty is forwarded for collections. Staff are proposing a collection fee of fifteen percent (15%) of the applicable penalty amount. As a result, there may be an increase in the revenue anticipated as a result of fees relating to late/defaulted penalties. Staff propose to monitor the program throughout 2024 and begin to make budget adjustments based on revenues generated through the 2025 budget process. The following chart outlines the proposed fees for the City of Kitchener and provides a comparison of fees set by other municipalities using the AMPS program. Municipality Late Fee Screening/HearCollection Services and ing Non-Tax Roll Fee Appearance Fee Kitchener Proposed 25% of the original $100 15% of the total amount penalty amount owing when sent to collections or added to taxes Waterloo 25% of the original $100 15% of the total amount penalty amount owing when sent to collections or added to tax roll Cambridge 25% of the original $50 No collection fee at this penalty amount time. Oshawa $25 $100 No collection fee at this time. Richmond Hill $27 $104 No collection fee at this time. Oakville $50 $100 No collection fee at this time. Mississauga $25 $100 Collection process in place, but limited information was provided Hamilton $64 $125 No collection fee at this time. Vaughan $63.50 $142 $46 The proposed fees listed for late penalties are an incentive to resolve the penalty notice as early as possible. The collection service fee has been added as cost recovery, as noted above, collection agencies typically charge a fee for their services which is generally a percentage of the overall amount being collected. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: The implementation of an AMPs program does not significantly alter our current processes with respect to how tickets (now penalty notices) are issued or how many are issued. Statistics relating to ticket violations and the resulting fine revenue can fluctuate slightly from year to year, depending on circumstances, special initiatives, etc. and it is anticipated that this trend will continue. Staff do not foresee a significant increase or decrease in the total number of tickets/notices issued, as a result of the implementation of the AMPS program. The factors that influence annual ticket activity, currently, will continue to do so going forward. The AMPS program will significantly reduce the amount of time Legal staff and By-law Officers spend court, therefore increasing staff availability with existing staffing resources for other priorities and responding to customer concerns. Compensation for Hearings Officers (third party contractors) to adjudicate hearings will be required and hearings will take place approximately six times per year. On this basis, staff are forecasting an additional expense of $3,000 to $4,000, annually which will be funded through the By-udget. As mentioned, the implementation of the AMPS program is not likely to significantly alter the annual ticket issuance rates and the resulting revenue from the face value of the tickets. However, staff believe that there will be an increase in fine revenue as it relates to the collection of late fees, imposed where someone fails to fulfill their obligations to respond appropriately to resolve their ticket. COMMUNITY ENGAGEMENT: The Administrative Monetary Penalties System is an administrative process that must fit within the Provincial regulations as set out in the Municipal Act. Staff will focus on engaging the public to inform and educate them on the process through a communications plan as well as information provided on our website. PREVIOUS REPORTS/AUTHORITIES: CSD-19-008 Administrative Monetary Penalty System (AMPS) CSD-19-010 Administrative Monetary Penalties Policies CSD-19-022 Appointment of Hearings Officers Administrative Monetary Penalties System AMPS APPROVED BY: Michael May, DCAO ATTACHMENTS: Schedule A Administrative Penalty System for violations of Non-Parking By-laws within the City of Kitchener Schedule B - Screening and Hearing Officer By-law Schedule C By-law to Amend Several Chapters of the Municipal Code Schedule D - GOV-COU-2015 - Conflict of Interest and Code of Conduct Schedule E GOV-COU-2016 Public Complaints Schedule F GOV-COU-2017 Recruitment and Selection of Screening and Hearing Officers Schedule G GOV-COU-2018 - Financial Management and Reporting Schedule H GOV-COU-2019 - Preventing Political Interference Schedule I GOV-COU-2020 - Undue Hardship SCHEDULE A BY-LAW NUMBER 2024-001 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to establish an Administrative Penalty System for Violations of Non-Parking By- laws within the City of Kitchener) WHEREAS section 434.1 of the Municipal Act, 2001 authorizes the City to require a Person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the Person has failed to comply with a by-law of the City; AND WHEREAS subsection 434.2(2) of the Municipal Act provides that if an administrative penalty imposed under section 434.1 is not paid within 15 days after the day that it becomes due and payable, the treasurer of a local municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the local municipality for which all of the owners are responsible for paying the administrative penalty, and collect it in the same manner as munic AND WHEREAS section 15.4.1 of the Building Code Act, 1992, authorizes the City to require a Person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the Person has failed to comply with a by-law passed under section 15.1 of the Building Code Act, 1992; or an order of an officer under subsection 15.2 (2) as deemed confirmed or as confirmed or modified by the committee or a judge under section 15.3 of the Building Code Act, 1992; AND WHEREAS Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 authorize the City to delegate its administrative and hearing powers; AND WHEREAS section 391 of the Municipal Act, 2001 authorizes the City to pass by- laws imposing fees or charges for services or activities provided or done by or on behalf of it; AND WHEREAS the Council for the City considers it desirable and necessary to provide for a system of Administrative Penalties and Administrative Fees for the non-parking designated City by-laws set out herein; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1.0 Interpretation and Definitions 1.1 This By-law shall be called the Administrative Penalty By-law for Non-Parking By-laws; 1.2 The provisions in Part VI of the Legislation Act, 2006, S.O. 2006, c.21, Sched. F, shall apply to this By-law. 1.3 A reference to any legislation, by-law, or any provision thereof in this By-law shall include reference to any amendment to, modification or re-enactment thereof, any legislative provision substituted therefor, any regulation made thereunder, and any successor legislation or by-law. 1.4 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 , the definitions in the Highway Traffic Act shall apply. 1.5 For the purpose of this By-law: Administrative Penalty of this By-law, for a contravention of a Designated By-law; City means the Corporation of the City of Kitchener and includes the geographical area within the City; Clerk means the City Clerk, or anyone designated by the City Clerk to perform the pursuant to this By-law; Court - means any court of law of the Province of Ontario, including but not limited to the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal for Ontario; Designated By-law means a by-law, or a part or provision of a by-law, that is designated under this or any other by- Director means the Director of By-law Enforcement of the City (or any successor job title) or anyone designated by the Director of By-law Enforcement to perform the Director of By- pursuant to this By-law; 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; Fees (types of fees): Administrative Fee -law, as amended; Late Payment Fee means an Administrative Fee established by the City from Administrative Penalty within the time prescribed in this By-law; NSF Fee means a fee established by the City, as set out in the Fees & Charges By-law, in respect of any payment to the City from a Person, for which there are insufficient funds available, or the transaction is declined; Screening Non-Appearance Fee - means an Administrative Fee established by failure to appear at the time and place scheduled for a review by a Screening Officer; Hearing Non-Appearance Fee means an Administrative Fee established by failure to appear at the time and place scheduled for a hearing before a Hearing Officer; Collection Fee means an Administrative Fee established by the City from time with the recovery of the initial penalty and any other fees applied after it has been determined that non-payment has occurred. Hearing Decision means a notice that contains the decision of a Hearing Officer; Hearing Officer means any person appointed by the City 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- Screening and Hearing Policy; Hearing Officer Appeal Form - means the form attached to the Screening Decision that may be filed by a Person under this By-law; Holiday means a Saturday, Sunday and any statutory holiday in the Province of Ontario or any day on which the offices of the City are officially closed for business; Officer means a person appointed/authorized by the City to enforce a Designated By-law, or a police officer employed by the Waterloo Regional Police Service; Penalty Noticemeans a notice as described in thisBy-law; Penalty Notice Date means the date of the contravention; Penalty Notice Number means the reference number specified on the Penalty Notice that is unique to that Penalty Notice, pursuant to By-law; Person means the person indicated on the Penalty Notice issued in accordance with section 3.1 of this By-law, and includes an individual or corporation, or an authorized representative thereof; Provincial Offences Act means the Provincial Offences Act, R.S.O., 1990, c. P. 33; Regulation means O. Reg. 333/07, made under the Municipal Act, 2001 and any regulation enacted with respect to section 434.1 of the Municipal Act, 2001; Screening and Hearing Officer By-law means By-law No. ____ of the City, as amended, from time to time, or any successor thereof; Screening Decision means a notice which contains the decision of a Screening Officer; Screening Officer means any person appointed by the City 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; Statutory Powers Procedure Act means the Statutory Powers Procedure Act, R.S.O. 1990, c. S. 22. 2.0 Administration The Director may: 2.1 Designate areas within the City, or at another location, as approved, and determine times, for conducting reviews and hearings under this By-law; 2.2 Prescribe all forms, notices, including the Penalty Notice, guidelines, processes, policies, and procedures, necessary to implement the By-law and the administrative penalty system, and to amend such forms, notices, guidelines, policies, procedures, and processes from time to time as the Director deems necessary without amendment to this by-law; and 2.3 Amend the Administrative Fees, as may be necessary to reflect changes in fees imposed by the Province of Ontario in relation to the administration of the administrative penalty system. 3.0 Penalty Notice 3.1 If a Person is found in contravention of a designated By- Person shall, upon issuance of a Penalty Notice in accordance with this By-Law, be liable to pay to the City an Administrative Penalty in the amount specified in Schedule this By-Law. 3.2 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. 3.3 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, which shall be thirty (30) calendar days from the Effective Date of Service; 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 Person, to the City; and h) The name and identification number of the Officer issuing the Penalty Notice. 3.4 Amount Due Timing The amount due for a Penalty Notice issued pursuant to Section 3.1 is: a) T payment is received within thirty (30) calendar days from the Effective Date of Service of the Penalty Notice in accordance with this By-law; plus b) The Late Payment set out in for the related contravention if payment is received after thirty (30) calendar days from the Effective Date of Service of the Penalty Notice in accordance with this By-law. 3.5 How to Request a Review time to request a review, are exercised by giving to the City written notice (prescribed forms) of the request to review that includes: a) The Penalty Notice Number; b) T-mail; c) In the case of a request to extend time to request a review, the reasons, if any, for having failed to exercise the right to request a review within thirty (30) days from the date the Penalty Notice was served; d) T-person with the Screening Officer for the review; or have the review undertaken by the Screening Officer in writing or by telephone. 3.6 Written notice for a request to review shall be provided by completing the Screening Officer Review Form and delivering it to the City in accordance with the service provisions set out in Section 7.9 3.7 Where the Person requests to meet in-person with the Screening Officer in accordance with this By- notice of the date, time, and place of the Screening Officer Review. 3.8 Where the Person requests to meet in-person with the Screening Officer in accordance with this By-law and the Person fails to appear at the time and place scheduled for a Screening Officer Review, or fails to remain at such place until the Screening Officer has made a Screening Decision respecting the Administrative Penalty, then: a) The Person shall be deemed to have abandoned the request for the review; b) The Administrative Penalty shall be deemed to be final; c) The Administrative Penalty shall not be subject to further review by a Hearing Officer or review by any Court; and d) The Person shall pay to the City a Fee Screening Non-Appearance. 4.0 Escalating Penalties 4.1 If a Person is found in contravention of a designated By- officer determines that such Person has previously received a Penalty Notice for the same or similar contravention, and the Penalty Notice has been confirmed, the Person shall, upon issuance of a Penalty Notice in accordance with this By-Law, be liable to pay to the City an Administrative Penalty in the amount specified in Column 5 of accordance with this By-Law. 5.0 Review by Screening Officer 5.1 A Person who is served with a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer within thirty (30) calendar days of the Effective Date of Service and shall do so on or before the date on which the Administrative Penalty is due and payable and further by using the prescribed form. Request to extend/review Penalty Notice Screening Officer 5.2 If a Person has not requested a Screening Review on or before the date on which the Administrative Penalty is due and payable, the Person may request that the Screening Officer extend the time to deliver a Request to a Review form for a period up to thirty (30) days after the Penalty Notice due date. Decision by Screening Officer 15 Calendar Days 5.3 Every Person who has attended a review by the Screening Officer shall be served with a copy of the Screening Decision within 15 calendar days of the screening review. General Rules in Review or Extend Time to Review 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 is not granted by the Screening Officer, 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: a) The Person shall be deemed to have waived the right to a Screening and a Hearing; 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 in the Screening Decision: a) Affirm the Administrative Penalty (including any applicable Administrative Fees, or the Screening Officer) b) Cancel, reduce, or extend the time for payment of the Administrative Penalty (including any applicable Administrative Fees), on the following grounds: i. Where the Screening Officer is satisfied, on a balance of probabilities, that the person identified in the Penalty Notice was not responsible for the contravention of the Designated By-law as set out in the Penalty Notice. ii. 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 A Screening Officer has no authority to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation, or by-law. 6.0 Review by Hearing Officer 6.1 If a Person has not requested a Hearing Review on or before the date on which the Administrative Penalty is due and payable, the Screening Decision shall be deemed final unless the Person request within thirty (30) calendar days after the Screening Decision was served that the Hearing Officer extend the time to appeal. 6.2 extension of time to appeal, are exercised by giving to the City written notice of the request to appeal that includes: a) The Penalty Notice Number; b) T c) In the case of a request to extend time to appeal, the reasons, if any, for having failed to exercise the right to appeal within thirty (30) days from the date the Screening Decision was served; and d) The reasons for which the appeal has been requested. 6.3 Written notice of the request to appeal or to request an extension of time to appeal is provided by completing the Hearing Officer Appeal Form and delivering it to the City. 6.4 place of the hearing of the appeal by the Hearing Officer. 6.5 If the Person fails to appear at the time and place scheduled for the hearing of the appeal: a) The Person shall be deemed to have abandoned the appeal; b) The Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be final and shall not be subject to any further review, including review by any Court; and c) The Person shall pay to the City a Fee Hearing Non-Appearance. 6.6 The Hearing Officer shall not make a determination with respect to a review of the Screening Decision where a Person appears unless he or she has given the Person an opportunity to be heard. 6.7 On an appeal of the Screening Decision, the Hearing Officer may: a) Affirm or deny the request to extend the time to appeal; b) Affirm the Administrative Penalty; c) Cancel the Administrative Penalty; d) Reduce the Administrative Penalty; or e) Extend the time for payment, including any Administrative Fees. 6.8 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 of time. The Hearing Officer will consider the request for extension before reviewing the Screening Decision. 6.9 Where an extension of time for a hearing review is not granted by the Hearing Officer, the Screening Decision shall be deemed to be affirmed, and shall not be subject to review. 6.10 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 shall be deemed to have waived the right to a hearing review; b) The Screening Decision shall be deemed to be affirmed; and c) The Screening Decision shall not be subject to review. 6.11 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) A Hearing Officer has no authority to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation, or by-law. b) A Hearing Officer shall not make any decision respecting a review of the Screening Decision unless the Hearing Officer has given the person, and the City an opportunity to be heard. 6.12 A Hearing Officer has no authority to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation, or by-law. 6.13 A Hearing Office shall not make any decision respecting a review of the Screening Decision unless the Hearing Officer has given the person, and the City an opportunity to be heard. 6.14 The hearing shall be subject to the Statutory Powers Procedure Act. 6.15 The Hearing Officer may consider and rely on a certified statement of an Officer, including but not limited to, certified photographs taken by an Officer. For this purpose, the Penalty Notice, signed by the Officer, shall constitute a certified statement of the Officer. 6.16 In addition to anything else that is admissible as evidence in accordance with the Statutory Powers Procedure Act, the materials referred to in Section 6.15 are admissible as evidence as proof of the facts contained therein, in the absence of evidence to the contrary. 6.17 If evidence referred to in Section 6.15 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. 6.18 The Person requesting the hearing shall be served with a copy of the Hearing Decision within 15 calendar days of the hearing review. 6.19 The decision of a Hearing Officer is final. 6.20 Where notice 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 City a Hearing Non-Appearance Fee, in addition to any other fees payable pursuant to this By-law 7.0 Service of Penalty Notice 7.1 Service of a Penalty Notice, as referenced in section 3.1, in any of the following ways is deemed effective: 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; c) Delivering it personally to an occupant at the last known address of the Person named in the Penalty Notice, who appears to be a least sixteen (16) years of age, as soon as reasonably practicable after the contravention. 7.2 Service of any document other than a Penalty Notice may be made by: a) delivering it personally to the Person who requested the screening or hearing review, in the case of a Screening Decision or Hearing Decision; or b) for any document, including a Screening Decision or Hearing Decision: i) Delivering it by hand to an occupant at the last known address of the Person named in the Penalty Notice, who appears to be at least 16 years of age; or ii) Delivering it by regular mail to the Person named in the Penalty Notice, at their last known address. iii) Delivering it by email to the Person named in the Penalty Notice, at aan email address provided to the City by the Person 7.3 For purposes of this By-Law, the last known address of the Person, shall be the address as provided by the Person at the time that the Penalty Notice was issued or, where an updated address has been provided in writing by the Person to the Municipal Enforcement Services Division of the City at the time of service, such updated address. 7.4 Any Penalty Notice or document sent in writing to the Person named in the Penalty Notice, by regular mail, as set out in this By-Law, is deemed to have been served on the th fifth (5) calendar day after the date of mailing. 7.5 Service of a document on the City may be made by: a) Enforcement Services Division; b) By completing the prescribed online form. c) By delivering it personally 8.0 General Provisions 8.1 A Penalty Notice that is paid prior to a screening review 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. 8.2 Unless otherwise stated in this By-law, an Administrative Penalty is due and payable within thirty (30) calendar days following the Effective Date of Service. 8.3 Where an Administrative Penalty, including any Administrative Fees, is 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. 8.4 Where an Administrative Penalty issued pursuant to Section 3.1, is not paid within thirty (30) calendar days of the Effective Date of Service, the person named in the penalty notice shall pay to the City, in addition to any other fees, a Late Fee. 8.5 Where an Administrative Penalty issued pursuant to Section 3.1 is not paid on or before it becomes due and payable in accordance with a Screening Decision or Hearing Decision, the person named in the Penalty Notice shall pay to the City, in addition to any other fees, a Late Fee. 8.6 Where an Administrative Penalty issued pursuant to section 3.1, including any Administrative Fees, are not paid within sixty (60) calendar days after they become due and payable, the City may pursue any other collection mechanisms available to the City may apply. 8.7 Where a person provides a method of payment to the City 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 any other fees, be liable to pay to the City an NSF Fee. 8.8 All amounts due and payable to the City pursuant to this By-law constitute a debt to the City. 8.9 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 the extension of time, and: a) The Penalty Notice will not be subject to the Late Payment Fee until the time for payment has expired, and then in accordance with the provisions herein; and b) The enforcement mechanisms available to the City shall be suspended until the extension of time has expired, and then shall apply in accordance with the provisions herein. 8.10 Where an Administrative Penalty is cancelled by a Screening Officer or a Hearing Officer, any Administrative Fee is also cancelled. 8.11 Where a Person has paid an Administrative Penalty or an Administrative Fee that is cancelled or reduced by a Screening Officer or Hearing Officer, the City shall refund the amount cancelled or reduced. 8.12 Where the Person served with a Penalty Notice issued pursuant to Section 3.1 a) or issued a Screening Decision is not the Owner, the Owner may exercise any right that such Person may exercise under this By-law. 8.13 No Officer may accept payment in respect of an Administrative Penalty or Administrative Fee. 8.14 Payments of an Administrative Penalty or Administrative Fee must be received by the date on which they are due and payable, or any extended due date in accordance with this By-law, and will not be credited until received by the City. 8.15 Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday. 8.16 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. 9.0 Offences 9.1 Any Person, who: a) Makes a false, misleading, or fraudulent statement in relation to a Penalty Notice, or on any form submitted to the City in relation to a Penalty Notice; or b) Obstructs an Officer exercising any authority under this By-law, is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the Provincial Offences Act. 9.2 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 enti licensed paralegal, or authorized representative; and b) representative during the hearing of the proceeding in which the issues arises. 9.3 Nothing in this Section prevents a Screening Officer or a Hearing Officer from seeking or receiving legal advice. 9.4 Any Person who contravenes 9.2 of this By-law is guilty of an offence and, upon conviction, is subject to a penalty in accordance with the Provincial Offences Act. 10.0 Schedules and Effective Date 10.1 The following schedules attached form part of this By-law: a) Designated By-laws b) Administrative Fees 10.2 Effective Date This By-law shall come into force and effect on the day of 2024. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2024. _____________________________________ Mayor _____________________________________ Clerk ADMINISTRATIVE MONETARY PENALTY SYSTEM DESIGNATED BY-LAWS, 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 4 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. Column 5 in the following tables sets out the Administrative Penalty amount that is payable where an officer determines that a Person named in a Penalty Notice has received a Penalty Notice previously for the same or similar offence and such Penalty Notice has been confirmed. ! Chapter 270 (Parks), as amended, of the City of Kitchener Municipal Code COLUMN 1 COLUMN COLUMN COLUMN COLUMN 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 270.3.1(a) (Driving/riding/towing) a (motor vehicle $300 $450 /trailer/bicycle/carriage/wagon/vehicle/c onveyance) in a (park/natural park) 2. 270.3.1(b) Operating a motorized vehicle upon a $300 $450 (roadway/path/trail) in a (park/natural park) for (walking/cycling/hiking) 3. 270.3.1(b) (walking/riding) a (horse/animal) upon a $300 $450 (roadway/path/trail) in a (park/natural park) which is designated as a community (trail/path) for (walking/cycling/hiking) 4. 270.3.1© (walking/riding/driving) upon (ground $300 $450 prepared for seeding/newly seeded ground/newly sodded ground/ground under repair/lawn where prohibitory signs are posted) in a (park/natural park) 5. 270.3.1(e) (shooting an arrow/practising $300 $450 archery/operating a power model aircraft) in a (park/natural park) 6. 270.3.1(f) (playing golf/practising golf/striking a golf $300 $450 ball) in a (park/natural park) 7. 270.3.1(g) (distributing/displaying) (a commercial $300 $450 circular/an advertisement) in a (park/natural park) 8. 270.3.1(g) (posting/stencilling/affixing) a $300 $450 (notice/bill/paper) to a (tree/bush/shrub/fence/building/structur e) in a (park/natural park) 9. 270.3.1(h) (selling/keeping for sale) $300 $450 (goods/wares/merchandise/confectionary /tobacco/refreshments) in a (park/natural park) 10. 270.3.1(i) (leaving/depositing)(ashes/bottle(s)/can(s$300 $450 )/garbage/waste) in a (park/natural park) 11. 270.3.1(j) Permitting as (owner/person having $300 $450 control) of an animal to allow said animal to run unleashed in a (park/natural park) 12. 270.3.1(j) Permitting as (owner/person having $300 $450 control) of an animal to allow said animal to swim in (water/water adjoining) a (park/natural park) 13. 270.3.1(l) (hunting/fishing/killing)(an animal/a fish/a $400 $600 bird) in a (park/natural park) 14. 270.3.1(l) Attempting to kill (an animal/a fish/a bird) $400 $600 in a (park/natural park) 15. 270.3.1(m) (destroying/damaging/disturbing) the $400 $600 (nest/den) of (bird/an animal) in a (park/natural park) 16. 270.3.1(n) Trapping an animal in a (park/natural $400 $600 park) 17. 270.3.1(o) Developing a garden intended for $300 $450 personal use in (park/natural park) 18. 270.3.1(o) (erecting/placing/constructing) a $300 $450 (shed/trailer/vehicle/structure/fixture) intended for personal used in a (park/natural area) 19. 270.3.1(p) Feeding a bird in a (park/natural park), $200 $350 namely a (duck/goose/swan/gull) 20. 270.3.1(q) (enter/venture/walk/run/be) in the $300 $450 protected area 21. 270.3.1(r) Failing to obey a sign in a posted area $300 $450 22. 270.4.1(a) Performing for a reward (an art/a skill/a $300 $450 service) in a park 23. 270.4.1(b) (digging/tearing up)(pavement/a $400 $600 sidewalk/a crosswalk/a grass plot/a roadway) in a park 24. 270.4.1© Cutting/destroying/damaging/remove) a $300 $450 (tree/flower/shrub/flowerbed) in a park 25. 270.4.1(d) Operating (an amplifying system/a $300 $450 loudspeaker/a radio) in a park 26. (light/build/use/maintain) or (remain in $400 $600 close proximity to) a fire in a park 27. 270.4.1(f) (mooring/breaching) a boat in a park $300 $450 28. 270.4.1(g) (placing/maintaining/allowing to remain) $300 $450 a coin-operated (machine/game) in a park 29. 270.4.1(h) (erecting/constructing/building) a $300 $450 (tent/shelter/building) in a park 30. 270.4.1(h) Causing to be (erected/constructed/built) $300 $450 a (tent/shelter/building) in a park 31. 270.4.1(i) (bringing onto park lands/travelling over $400 $600 park lands with)(equipment/vehicles/construction materials) 32. 270.4.1(j) Being in possession of a (firearm/air $400 $600 powered gun/crossbow/long bow) in a park 33. 270.4.1(k) (cut/destroy/damage) a plant in a park $300 $450 34. 270.4.2 Being in a park between the hours of $300 $450 11:00pm and 6:00am 35. 270.4.3 Entering into a premier sportsfield $400 $600 without authorization 36. 270.4.4 Remaining in a premier sportsfield outside $400 $600 of the authorized time 37. 270.5.1(f) (entering/bathing in)(water in/water $400 $600 adjoining) a park where not permitted Chapter 408 (Animal Regulations), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 408.2.6 Being the owner of an animal, you did $300 $450 permit said animal to trespass on private property 2. 408.2.11 Permitting to be (kept/harboured) a $300 $450 prohibited pet 3. 408.2.12(a) Failing, as owner, to register a restricted $300 $450 animal 4. 408.2.12(b) Failing, as owner, to confine and control $300 $450 the restricted animal on the premises of the owner 5. 408.2.12(c) Failing, as owner, to (control and $300 $450 leash/contain) a restricted animal when not confined 6. 408.2.12(g) Failing, as owner, to advise the $300 $450 Poundkeeper that the restricted animal (was running at large/bit an animal/attacked an animal/attacked a dog/attacked a person) 7. 408.3.1 Permitting to be kept (pigeons/rabbits) $300 $450 in an enclosure not in compliance with the requirements 8. 408.3.4 Permitting to be kept (pigeons/more $300 $450 than six rabbits) on a lot within the City of Kitchener Chapter 420 (Dog Designations) as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 420.4.1(a) Failing, as owner, to ensure that $300 $450 designated dog is kept on lands and premises of owner confined within the dwelling 2. 420.4.1 (b) Failing, as owner, to ensure that $300 $450 designated dog is kept on lands and premises of owner confined in an outdoor pen that is both secure and provide humane shelter 3. 420.4.1 (c) Failing, as owner, to ensure that $300 $450 designated dog is kept on lands and premises of owner confined in an area with a secure and adequate fence 4. 420.4.2 Failing, as owner, to ensure that the $300 $450 designated dog is kept caged, penned, or under the control of a person of at least sixteen years of age when any child under the age of fourteen is in the 5. 420.4.5 Failing, as the owner, to ensure that the $300 $450 designated dog is kept under effective control of a person of at least 16 years 6. 420.4.5 Failing, as the owner, to ensure that the $400 $600 designated dog is kept under leash and that the leash does not exceed 1.8 property 7. 420.4.6 Failing, as the owner, to ensure that the $400 $600 designated dog is wearing a securely property 8. 420.4.7 Failing, as the owner, to display warning $300 $450 dwelling and at any other place directed to do so on the property 9. 420.5.1 Failing, as owner, to ensure all $400 $600 conditions, including leashing and muzzling, pertaining to the dog are complied with in any City Off-Leash Park 10. 420.5.2 Failing, as owner, to provide a new $300 $450 address and telephone within two working days of moving the designated dog 11. 420.5.3 Failing, as owner, to provide the name, $300 $450 address, and telephone number of the new owner within two working days of selling or giving away the designated dog 12. 420.5.5 Failing, as owner, to advise the animal $400 $600 service provider that the designated dog was running at large or has bitten/attacked any person or animal 13. 420.5.8 Failing, as owner, to ensure that a City $300 $450 dog licence is obtain for the designated dog 14. 420.5.9 Failing, as owner, to ensure designated $300 $450 dog, wears tags provided by the animal service provider 15. 420.6.1 Failing, as owner, to ensure that $300 $450 restricted dog is kept in accordance with all applicable requirements of the Dog 16. 420.11.1 Failing, as owner, to ensure that a dog $400 $600 that is potentially dangerous, dangerous, restricted, or prohibited wears a muzzle at all times when off the property 17. 420.11.2 Failing, as owner, to comply with all $300 $450 condition of the previous confirmed designation until the new designation is confirmed 18. 420.11.3 Failing, as owner, to comply with the $300 $450 terms of the confirmed designation of a designated dog 19. 420.11.5 Permitting to be kept or harbouring a $400 $600 prohibited dog 20. 420.11.5.1(a) No person shall fail to surrender a $400 $600 prohibited dog when directed to do so in accordance with Article 420.7.1. 21 420.11.5.1(b) No person shall fail to provide $400 $600 satisfactory proof that a prohibited dog has been removed from the City, in accordance with Article 420.7.1. ! ! ! ! ! ! ! ! ! ! Chapter 421 (Responsible Dog Ownership), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 421.2.1 As owner, did fail to license dog $300 $450 2. 421.7.1 As owner, did keep dog in a manner $300 $450 that adversely impacts neighbouring properties or residents 3. 421.7.2 As owner, did fail to keep the dog tag $100 $200 fixed on the dog 4. 421.7.3 As owner, did allow dog to run at large $300 $450 5. 421.7.4 As owner, did fail to contain dog on $300 $450 property of the owner 6. 421.7.11 As owner, did fail to comply with $300 $450 regulations posted at off-leash park 7. 421.7.13 As owner, did fail to remove excrement $300 $450 of dog forthwith 8. 421.7.14 As owner, did permit dog to fight with, $300 $450 bite, or attack another dog 9. 421.7.14 As owner, did permit dog to attack, a $300 $450 domestic (animal/bird) 10. 421.7.15 As owner, did permit dog to attack, bite, $400 $600 or cause injury to a person 11. 421.8.2 As owner, did fail to take action $400 $600 necessary to relieve dog of distress 12. 421.8.3 As owner, did fail to provide adequate $400 $600 shelter for dog kept out of doors 13. 421.8.6 Did permit dog to be confined in a $400 $600 vehicle in manner likely to cause dog distress Chapter 450 (Noise), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 450.2.1 Making noise likely to disturb the $400 $600 inhabitants 2. 450.2.1 Causing to be made noise likely to $400 $600 disturb the inhabitants 3. 450.2.1 Permitting to be made noise likely to $400 $600 disturb the inhabitants Chapter 467 (Nuisance), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 467.2.1 (cause/create/permit) a nuisance in a $400 $600 public place 2. 467.2.2 (Throw/drop/place/deposit) garbage on $300 $450 property 3. 467.2.3 (Disturb/remove/scatter) (collectable $300 $450 waste/recyclable waste) placed for waste collection 4. 467.2.4 (Disturb/remove/scatter) material $300 $450 placed in a garbage can or receptacle on land owned, managed or maintained by the City 5. 467.2.5 (Block/interfere/impede) passage of $300 $450 pedestrians on a sidewalk Chapter 475 (Management of Shopping Carts), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 475.2.1 (a) failed to take reasonable and effective $400 $600 measures to prevent the shopping carts from causing a nuisance 2. 475.2.1 (b) Failed to take reasonable and effective $300 $450 measures to prevent shopping carts being taken from the property 3. 475.2.1 (d) Failed to ensure that any shopping cart $300 $450 that has left the property is retrieved within twenty-four (24) hours of receiving a notice or complaint about the location of the shopping cart 4. 475.2.2 Failed to ensure collection of shopping $300 $450 carts within the lesser of three (3) business hours or twenty-four (24) hours where the shopping cart is in a location that impedes traffic or pedestrians or causes an unsafe condition Chapter 508 (Alternative Massage Centres), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 508.2.5 (operate/permit to be operated) $300 $450 alternative massage centre without a valid license 2. 508.2.11 As licensee, failed to ensure license $150 $250 number was included in business ad 3. 508.2.12 As operator, failed to keep principal $150 $250 access to business unlocked during operating hours 4. 508.2.13 As licensee, failed to ensure no $150 $250 (locks/locking mechanisms) were on massage room door 5. 508.2.18 As licensee, failed to keep list of $150 $250 (services/fees) conspicuously posted in the business 6. 508.2.21 As operator, permitted alternative $150 $250 massage centre to be open after permitted hours 7. 508.2.31 As operator, failed to keep valid licence $150 $250 conspicuously posted in the business Chapter 630 (Fences), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 630.2.1 Erecting or constructing a fence that $300 $450 does not comply with section______ 2. 630.2.1 Permitting to be (erected or $300 $450 constructed) a fence that does not comply with section ___________ 3. 630.8.1 (erecting or constructing) a barbed wire $300 $450 fence 4. 630.8.1 Permitting to be (erected or $300 $450 constructed) a barbed wire fence 5. 630.9.1 (erecting or constructing) an electric $300 $450 fence 6. 630.9.1 Permitting to be (erected or $300 $450 constructed) an electric fence 7. 630.10.1 (erecting or constructing) a fence on the $300 $450 property of the City of Kitchener 8. 630.10.1 Permitting to be (erected or $300 $450 constructed) a fence on the property of the City of Kitchener 9. 630.11.1 (owning or having or maintaining) a $300 $450 swimming pool that is not (fenced or enclosed) in accordance with section _____ Chapter 637 (Grafitti), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 637.3.1 (place/cause/permit) graffiti to be place $400 $600 on any property 2. 637.3.2 As an owner, failed to keep the property $300 $450 free of graffiti 3. 637.3.7 (hinder/obstruct/attempt to hinder) any $300 $450 persons who is exercising their power Chapter 640 (Heat in Rented Dwellings), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 640.2.1 Failing as landlord to provide adequate $300 $450 and suitable heat Chapter 650 (Lot Maintenance), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 650.2.1 Failing, as owner, to keep the land filled $250 $400 up 2. 650.2.1 Failing, as owner, to keep the land $250 $400 drained 3. 650.2.1 Failing, as owner, to keep the land clean $250 $400 4. 650.2.1 Failing, as owner, to keep the land $250 $400 cleared 5. 650.2.2 Failing, as owner, to fill in any $300 $450 excavation 6. 650.2.4 Failing, as owner, to drain the land $300 $450 where accumulated water exceeds one foot depth 7. 650.3.1 Throwing waste material on private $300 $450 property 8. 650.3.1 Dumping waste material on private $300 $450 property 9. 650.3.1 Throwing waste material on property of $400 $600 the City 10. 650.3.1 Dumping waste material on property of $400 $600 the City 11. 650.3.2 Failing, as owner, to keep the land free $300 $450 and clear of waste material 12. 650.3.3 Using land for dumping of waste $300 $450 material 13. 650.3.3 Using land for disposing of waste $300 $450 material 14. 650.3.3 Using a structure for dumping of waste $300 $450 material 15. 650.3.3 Using a structure for disposing of waste $300 $450 material 16. 650.3.6 Failing, as owner, to provide, use and $300 $450 maintain containers for storing and disposing of collectable refuse 17. 650.3.7 Failing, as owner, to keep external $300 $450 garbage container covered tightly 18. 650.3.8 Failing, as owner, to maintain external $300 $450 garbage container in a sanitary condition and in good repair 19. 650.3.8 Failing, as owner, to maintain external $300 $450 garbage container in a sanitary condition 20. 650.3.8 Failing, as owner, to maintain external $300 $450 garbage enclosure and container in a sanitary condition 21. 650.3.9 Using land for storing used motor $400 $600 vehicles for the purpose of wrecking them 22. 650.3.9 Using land for storing used motor $400 $600 vehicles for the purpose of dismantling them 23. 650.3.9 Using land for storing used motor $400 $600 vehicles for the purpose of salvaging parts 24. 650.3.9 Using a structure for storing used motor $400 $600 vehicles for the purpose of wrecking them 25. 650.3.9 Using a structure for storing used motor $400 $600 vehicles for the purpose of dismantling them 26. 650.3.9 Using a structure for storing used motor $400 $600 vehicles for the purpose of salvaging parts Chapter 665 (Standards of Maintenance and Occupancy of Property), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 665.4.6 Fail to comply with a final and binding $300 $500 Order Chapter 680 (Signs), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 680.3.11 (erect/display) sign without the $300 $450 2. 680.3.11 (cause/permit) sign to be $300 $450 (erected/displayed) without the 3. 680.15.3 Fail to permanently affix the sign $250 $400 frame in a readily identifiable location 4. 680.16.6 (erect/display) poster sign on a (city $300 $450 highway/city walkway/street light standard/hydro utility pole) not in accordance with regulations 5. 680.16.6 (cause/permit) poster sign to be $300 $450 (erected/displayed) not in accordance with regulations 6. 680.16.6(h) As sign owner, did fail to remove poster $300 $450 sign within required time 7. 680.18.2 (place/permit) a real estate sign on $300 $450 property other than the subject property 8. 680.18.2 (cause/permit) to be placed a real $300 $450 estate sign on property other than the subject property 9. 680.24.1 (erect/display/alter/relocate) sign $300 $450 without a permit Chapter 687 (Snow and Ice Removal from Roofs and Sidewalks), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 687.5.1 Failing, as (owner or occupant) of a $ building on a premises adjoining a highway, to remove snow and ice from its roof 2. 687.3.1(a) Failing, as (owner or occupant) of a property to remove snow from the sidewalks (in front of or alongside or at the rear of) such building 3. 687.3.1(b) Failing, as (owner or occupant) of a property to maintain the sidewalk to be free and clear of snow on an ongoing basis (in front of or alongside or at the rear of) such building 4. 687.4.1(a) Failing, as (owner or occupant) of a property to remove ice from the sidewalks (in front of or alongside, or at the rear of) such building 5. 687.4.1(b) Failing, as (owner or occupant) of a property to maintain sidewalk to be free and clear of ice on an ongoing basis (in front of or alongside, or at the rear of) such building 6. 687.6.1 (Moving or placing)(snow or ice) onto a sidewalk Chapter 690 (Trees), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 690.3.1 (a) (deface/cut/pollard/injure/cause $300 $450 compaction/destroy) or damage any tree or part thereof 2. 690.3.1 (b) (damage/destroy/remove) any $250 $400 supporting posts, stake or guard attached to or around a tree 3. 690.3.1 (c) (cut down/root up/remove) any tree or $300 $450 part therefore, whereas living or dead 4. 690.3.2 Failed to ensure that no animal, fence, $250 $400 write, bill, or notice was (fasten/tied/attached) to any tree or to any post, stake or guard which supports a tree 5. 690.4.2 Failing to ensure that adequate steps for $250 $400 the protection of any trees on City property within 20 feet of (construction/alteration/demolition) were taken 6. 690.4.3 Failed to ensure that no building $300 $400 materials of any kind were attached to, leaned against or buried around a tree and no signs were attached to a tree 7. 690.4.4 Failed to ensure grade around any tree $300 $450 was not raised or lowered so as to endanger its life. 8. 690.4.4 Failed to avoid any damage to the roots $300 $450 or branches of any tree. 9. 690.5.1 Planted any tree on City property $300 $450 without the permission of the Department Chapter 691 (Trees Protection-Destruction-Injury), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 691.2.2 As owner or occupant of land, failed to $300 $450 ensure that land is kept free from any pest. Chapter 694 (Vacant Building Secured), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 694.3.1 Failing as owner, to ensure that a vacant $300 $450 building is secured against unauthorized entry. 2. 694.3.4 Failing, as owner, to secure a building $300 $450 within two business days of receiving a hand-delivered order, or five business days of receiving a posted order 3. 694.3.7 As owner, failed to secure the building $300 $450 to the satisfaction of the City by the deadline set out in the order. 4. 694.4.2 As owner, failed to ensure that that a $300 $450 building damaged by fire is secured against unauthorized entry within twenty-four (24) hours of release of relevant property 5. 694.6.2 Failed to ensure a vacant building or $300 $450 building damaged by fire is boarded or required to be boarded, the boarding materials shall be (installed/maintained) in good repair Chapter 711 (Open Air Burning), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 711.2.3 Fail to extinguish fire forthwith upon $400 $600 direction of an officer 2. 711.3.4 Conduct outdoor burning at a location for $500 $750 which a fire ban issued by the Fire Chief is in effect 3. 711.3.5 Conduct outdoor burning at a locatin for $500 $750 which a fire ban due to smog conditions is in effect 4. 711.4.1 (conducting/as owner, permitting to be $400 $600 conducted) a recreational fire which causes a nuisance 5. 711.4.2 (conducting/as owner, permitting to be $400 $600 conducted) a recreational fire less than 5 metres from a (building/structure/property line/tree/hedge/fence/roadway/overhead wired/combustible article) 6. 711.4.3 (conducting/as owner, permitting to be $400 $600 conducted) a recreational fire at a time other than between 6:00pm and 11:00pm 7. 711.4.4 (conducting/as owner, permitting to be $400 $600 conducted) a recreational fire burning prohibited materials 8. 711.4.5 (conducting/as owner, permitting to be $400 $600 conducted) a recreational fire without proper means of extinguishment available 9. 711.4.10 (conducting/as owner, permitting to be $400 $600 conducted) a fire in an outdoor fire pit without the required non-combustible barrier 10. 711.4.11 As owner failing to ensure that no $400 $600 outdoor (fire pit/fireplace/appliance) is installed or left in a location where outdoor burning is prohibited 11. 711.5.1 (operating as owner/permitting to be $400 $600 operated) a smoke house that creates a nuisance 12. 711.6.1 Conduct open air burning without a $400 $600 permit 13. 711.6.2 As owner, permit open air burning $400 $600 without a permit 14. 711.7.1 Having two or more previous convictions $750 $1000 under the by-law for offences at this location did (conduct outdoor burning/operate a smoke house) within five years of the date of last conviction Chapter 739 (Fireworks and Fire Crackers), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 739.2.1 (permit/offer) for sale or sell any $300 $450 Firecrackers or Sky Lantern 2. 739.2.2 (set off/launch) any Firecracker or Sky $400 $600 Lantern 3. 739.3.1 Permit the sale of Fireworks on any day $300 $450 or days during the year except 4. 739.4.1 Fireworks set off on private property $400 $600 outside of the permitted days (Victoria Day, Canada Day, Diwali) 5. 739.4.1 Fireworks set off on private property set $400 $600 off past the permitted time 6. 739.4.2 Fireworks were set off on any street, $300 $450 highway or land under the jurisdiction of the Corporation without consent of the Corporation 7. 739.4.3 Fireworks set off within 150 meters of $400 $600 (woodlands/place were explosives, gasoline, or other flammable or combustible substances/hospital, nursing home retirement home or home for aged; any church, childcare facility or public separate or secondary school) 8. 739.4.4 Fireworks set off within 10 metres of $400 $600 any other person 9. 739.4.5 Fireworks set off within 10 meters of $400 $600 any building, tent, canvas shelter, or motor home 10. 739.4.6 Fireworks set off in an area containing $400 $600 dead undergrowth or dry grass 11. 739.5.1 Failed to obtain a permit to hold a $300 $450 Firework Display Chapter 820(Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles), as amended, of The City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 820.2.1 As construction site (owner/occupier) $400 $600 failed to prevent (building material/waste/soil) from being (spilled/tracked) onto the public street by vehicle during course of (erection/alteration/repair/demolition) of building on site 2. 820.2.4 As property (owner/occupant) failed to $400 $600 ensure a vehicle carrying soil (to/from) property does not (spill/track) soil onto public street 3. 820.2.5 As vehicle (owner/driver) failed to $400 $600 ensure vehicle carrying soil (to/from) property does not (spill/track) soil onto public street 4. 820.2.6 As property (owner/occupant) failed to $400 $600 ensure vehicle leaving property does not track excessive quantity of soil onto public street 5. 820.2.7 As vehicle (owner/driver) failed to $400 $600 ensure vehicle does not track excessive amounts of soil onto public streets from abutting property Chapter 827 (Excavations within Highways), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 827.3.1 Excavated upon any highway without $300 $450 permit 2. 827.5.1 (a) Failed to provide detours or alternate $300 $450 routes 3. 824.5.1 (b) Failed to provide barricades, flashers, $300 $450 warning and detour signs, traffic control personnel and other protective and safety devices Chapter 842 (Hedges and Other Objects Traffic Hazards), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 842.2.1 Erecting an object over 1 metre high in a $300 $450 corner visibility triangle 2. 842.2.1 Constructing an object over 1 metre $300 $450 high in a corner visibility triangle 3. 842.2.1 Situating an object over 1 metre high in $300 $450 a corner visibility triangle 4. 842.2.1 Permitting to be erected an object over $300 $450 1 metre high in a corner visibility triangle 5. 842.2.1 Permitting to be constructed an object $300 $450 over 1 metre high in a corner visibility triangle 6. 842.2.1 Permitting to be situated an object over $300 $450 1 metre high in a corner visibility triangle 7. 842.2.2 Planting a hedge over 1 metre high in a $300 $450 driveway visibility triangle 8. 842.2.2 Maintaining a hedge over 1 metre in a $300 $450 driveway visibility triangle 9. 842.2.2 Permitting to be planted a hedge over 1 $300 $450 metre high in a driveway visibility triangle 10. 842.2.2 Permitting to be maintained a hedge $300 $450 over 1 metre high in a driveway visibility triangle 11. 842.2.3(a) Erecting an object that obstructs $300 $450 (pedestrian/vehicular) traffic on a highway 12. 842.2.3(a) Constructing an object that obstructs $300 $450 (pedestrian/vehicular) traffic on a highway 13 842.2.3(a) Situating an object that obstructs $300 $450 (pedestrian/vehicular) traffic on a highway 14. 842.2.3(a) Permitting to be erected an object that $300 $450 obstructs (pedestrian/vehicular) traffic on a highway 15. 842.2.3(a) Permitting to be constructed an object $300 $450 that obstructs (pedestrian/vehicular) traffic on a highway 16. 842.2.3(a) Permitting to be situated an object that $300 $450 obstructs (pedestrian/vehicular) traffic on a highway 17. 842.2.3(b) Erecting an object that obscures clear $300 $450 visibility of approaching (pedestrian/vehicular) traffic on a highway 18. 842.2.3(b) Constructing an object that obscures $300 $450 clear visibility of approaching (pedestrian/vehicular) traffic on a highway 19. 842.2.3(b) Situating an object that obscures clear $300 $450 visibility of approaching (pedestrian/vehicular) traffic on a highway 20. 842.2.3(b) Permitting to be erected an object that $300 $450 obscures clear visibility of approaching (pedestrian/vehicular) traffic on a highway 21. 842.2.3(b) Permitting to be constructed an object $300 $450 that obscures clear visibility of approaching (pedestrian/vehicular) traffic on a highway 22. 842.2.3(b) Permitting to be situated an object that $300 $450 obscures clear visibility of approaching (pedestrian/vehicular) traffic on a highway Chapter 890 (Work Permit Work on Roadways), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 890.2.1 Did undertake road work without $500 $750 required work permit 2. 890.9.1(a) Failing to produce a work permit upon $300 $450 authorized demand while undertaking road work 3. 890.9.1.(d) Failing to notify Director as required $300 $450 where road work (requires change to traffic control signal/requires City to prohibit parking/requires reservation or use of parking spaces/may interfere with a traffic signal loop) 4. 890.9.1(e) Failing to notify Director as required $300 $450 where road work requires a City road closure 5. 890.9.1(g) Failing to apply and remove temporary $399 $450 pavement markings in a work zone in accordance with City of Kitchener standards 6. 890.9.1(h) Failing to conduct road work $300 $450 expeditiously 7. 890.9.1(i) Failing to conduct road work in a $300 $450 manner that avoids interference with or damage to existing infrastructure 8. 890.9.1(j) Failing to conduct road work in a $300 $450 manner that maintains access to all properties with affected access 9. 890.9.1(j) Conducting road work without $300 $450 (consulting with/making work schedule known to) property owners adjacent to road work 10. 890.9.1(k) Failing to conduct road work in a $300 $450 manner that avoids damage to property adjacent to the work zone 11. 890.9.1(l) Failing to conduct road work in a $300 $450 manner that avoids injuring or damaging a tree as required by City of Kitchener standards 12. 890.9.1(m) While undertaking road work did place $300 $450 material on a roadway or sidewalk where it creates a hazard to pedestrians or vehicles 13. 890.9.1(n) While conducting road work did fail to $300 $450 (work in accordance with sidewalk closures identified in the Work Permit/maintain safe and convenient passage for pedestrians through or around the Work Zone) 14. 890.9.1(o) Allowing material to obstruct the free $300 $450 passage of water through a drain, gutter, ditch or watercourse while conducting road work 15. 890.9.1(p) Failing to obtain required locates while $300 $450 conducting road work 16. 890.9.1(q) Failing to ascertain whether $300 $450 environmental contamination exists in work zone before commencing road work 17. 890.9.1® (did allow/did fail to take action to $300 $450 contain) unnecessary dust or other unnecessary or unreasonable annoyance to the public while conducting road work 18. 890.9.1(s) Fail to comply with direction to $300 $450 immediately clean a haul route that becomes dirty while conducting road work 19. 890.9.1(t) Fail to ensure equipment or $300 $450 construction materials are properly secured in a work zone while conducting road work 20. 890.9.1(u) Fail to comply with direction of Director $300 $450 to provide as-built drawings of the road work within 90 days of its completion 21. 890.9.1(v) While conducting road work, did fail to $300 $450 provide additional information or documentation relating to the road work required by the Director 22. 890.10.2(a) Failing to restore infrastructure to City $300 $450 of Kitchener standards expeditiously upon completion of road work 23. 890.10.2(b) Failing to leave work zone in neat, clean $300 $450 and safe condition free from nuisance after completing road work 24. 890.11.1 Having performed road work did fail to $300 $450 maintain infrastructure in accordance with City of Kitchener standards for warranty period 25. 890.11.2 Having performed road work did fail to $300 $450 maintain utility structure in a safe and clean condition 26. 890.11.2 Having performed road work did fail to $300 $450 maintain appurtenances to meet tolerances in City of Kitchener standards Chapter 895 (Boulevard Beautification and Maintenance), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 895.4.1 (a) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by permitting grass and weeds to a height to exceed more than 8 inches (20.32cm) 2. 895.4.1 (b) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by permitting herbaceous plants, bushes, and shrubs to exceed a height of no more than 30 inches (76.2 cm) 3. 895.4.1 (c) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by permitting the encroachment, that other than a boulevard tree, of grass, weeds, herbaceous plants, bushes, shrubs, or other objects onto or grow over the sidewalk or roadway 4. 895.4.1 (d) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by permitting that grass, weeds, shrubs, bushes, plants other than a boulevard tree, or other objects to exceed 8 inches (20.32 cm) in height within 60 inches (152.4 cm) of any fire hydrant 5. 895.4.1 (e) Failing as (owner/occupant) to $300 $450 maintain the boulevard abutting the property by impeding access to a fire hydrant 6. 895.4.1 (f) Failing as (owner/occupant) to $300 $450 maintain the boulevard abutting the property by impeding access, other than a boulevard tree, or interfering with the proper use or functioning of any infrastructure 7. 895.4.1 (g) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by permitting grass, weeds, shrubs, bushes, or plants other than a boulevard tree to exceed 8 inches (20.32 cm) in height within 17.72 inches (45 cm) of a sidewalk 8. 895.4.1 (h) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by not keeping it free of brush, noxious weeds, and invasive plants 9. 895.4.1 (i) Failing as (owner/occupant) to $250 $400 maintain the boulevard abutting the property by permitting it to be in untidy condition and with litter, debris or an accumulation of leaves 10 895.5.1 (a) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is permeable to allow for passage of water through the underlying soil 11 895.5.1 (b) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is flush and level with the surface of any abutting sidewalk so that trip hazard is not created 12 895.5.1 (c) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is placed so it does not exceed the prior ground elevation at the location of the hard surface; 13 895.5.1 (d) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is not installed in a manner that directs water to a sidewalk, causes pooling or ponding or water on a sidewalk, or otherwise causes a pedestrian slip hazard 14 895.5.1 (e) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is not installed in a manner that interferes with water drainage or stormwater management 15 895.5.1 (f) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is not installed within 39.37 inches ( 100 cm) of the base of any boulevard tree except if used as a tree border 16 895.5.1 (g) Failing as (owner/occupant) to ensure $300 $450 that any hard surface on the boulevard is not placed within any ditch or in a manner that interferes with ditches, swales, or drainage structures 17 895.6.1 (a) Injure of a boulevard tree $300 $450 18 895.6.1 (b) injure or cut the roots of a boulevard $300 $450 tree 19 895.6.1 (c) cut down, prune or trim a boulevard $300 $450 tree 20 895.6.1 (d) use any pesticide or herbicide $300 $450 anywhere on a boulevard including on a boulevard tree or plant 21 895.6.1 (e) dig, excavate, or plant anything other $300 $450 than grass within 39.37 inches 1 metre) of a boulevard tree 22 895.6.1 (f) dig by any method other than hand -$300 $450 digging within the dripline of the boulevard tree 23 895.6.1 (g) place anything in direct contract with $300 $450 the trunk of a boulevard tree above the existing grade of a boulevard 24 895.6.1 (h) place any soil, mulch, stones, rock, or $300 $450 other object directly against the trunk of a boulevard tree above the existing grade of a boulevard 25 895.6.1 (i) plant a tree on a boulevard without $300 $450 authorization of the City 26 895.6.2 (a) (owner/occupant) permits a boulevard $300 $450 tree to be injured 27 895.6.2 (b) (owner/occupant) permit the injury or $300 $450 cutting of roots of a boulevard tree 28 895.6.2 (c) (owner/occupant) permit a boulevard $300 $450 tree to be cut down, pruned, or trimmed 29 895.6.2 (d) (owner/occupant) permit use of any $300 $450 pesticide or herbicide anywhere including on a boulevard tree or plant 30 895.6.2 (e) (owner/occupant) permit any person $300 $450 to dig, excavate, or plant anything other than grass within 39.37 inches ( 1 metre) of a boulevard tree 31 895.6.2 (f) (owner/occupant) permit digging by $300 $450 any method other than hand -digging within the dripline of the boulevard tree 32 895.6.2 (g) (owner/occupant) place or permit $300 $450 anything to remain in direct contact with the trunk of a boulevard tree above the existing grade of a boulevard; 33 895.6.2 (h) (owner/occupant) place, or permit any $300 $450 soil, mulch, stones, rock, or other object directly against the trunk of a boulevard tree above the existing grade of a boulevard 34 895.6.2 (i) (owner/occupant) permit a tree to be $300 $450 planted without authorization of the City 35 895.7.1 (a) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard anything that is protruding, sharp, or dangerous 36 895.7.1 (b) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard anything that restricts a sightline of pedestrians, cyclists, or drivers of vehicles to an intersection, driveway, sidewalk, walkway, travel lane, or traffic control device or sign 37 895.7.1 (c) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard anything that inhibits or obstructs snow removal operations or is likely to cause damage to a snow plow 38 895.7.1 (d) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard where on -street parking is permitted adjacent to a boulevard, anything that interferes with the ability of a person to exit or open the doors of a motor vehicle parked beside the boulevard 39 895.7.1 (e) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard electrical wiring or any other electrical system 40 895.7.1 (f) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard a sprinkler system, plumbing pipe, or other plumbing system 41 895.7.1 (g) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard a fence 42 895.7.1 (h) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard any loose stone smaller than 2" in diameter 43 895.7.1 (i) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard any loose stone or rock larger than 4" in diameter 44 895.7.1 (j) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard anything that is likely to overflow on to the street, sidewalk, roadway, or another person' s adjacent property 45 895.7.1 (k) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard anything that voids a warranty on grass or sod installation following a road reconstruction 46 895.7.1 (l) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard anything which alone or in combination with any other thing or things prevents or fails to allow sufficient space for the proper placement of waste for collection 47 895.7.1 (m) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard landscaping of any type that fills in or interferes with ditches, swales, or drainage structures 48 895.7.1 (n) (owner/occupant) places, permit to $300 $450 placed, or permit to remain on the boulevard landscaping or objects of any type that interfere with or prevent access to infrastructure 49 895.7.1 (o) (owner/occupant) places, permit to $250 $400 placed, or permit to remain on the boulevard any vegetable or plant intended or commonly used for human consumption. 50 895.8.2 (a) (Owner/occupant) permits to be $250 $400 placed, or permits to remain anything other than grass, herbaceous plants, wood chips, mulch, inorganic material, or a hard surface that is level and flush with the sidewalk 51 895.8.2 (b) Owner/occupant) permits to be $250 $400 placed, or permits to remain any loose stones 52 895.8.2 (c) Owner/occupant) permits to be $300 $400 placed, or permits to remain anything that is likely to cause injury to a cyclist or pedestrian riding or falling into that area 53 895.9.1 (dig/excavate) on a boulevard in a $300 $400 manner that (interferes/damages/likely to damage) buried infrastructure, or without having obtained property locates of buried infrastructure 54 895.10.1 (damage/construct/cut/reconstruct) a $400 $600 sidewalk or curb without permission of the City 55 895.10.2 (plant/install) any material or item in $300 $400 an island or centre median on any road without the prior written approval of the City 56 895.10.4 Alter an area of a boulevard without $400 $600 written approval of the City !! ! ADMINISTRATIVE FEES ITEM FEE Screening Non-Appearance Fee $100 Hearing Non-Appearance Fee $100 Late Payment Fee 25% of Penalty Collection Fee 15% of total Penalty and Fees NOTE: the fees taxes, including Harmonized Sales Tax (H.S.T.) where applicable. SCHEDULE B BY-LAW NUMBER 2024-002 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law with respect to the appointment of screening and hearing officers) WHEREAS Section 102.1(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended Municipal Act, 2001 administrative penalty if the municipality is satisfied that the person failed to comply with any by- laws respecting the parking, standing or stopping o-f vehicles; AND WHEREAS the Province has adopted O. Reg. 333/07, pursuant to the Municipal Act, 2001, which applies to administrative penalties in respect of the parking, standing or stopping of vehicles; AND WHEREAS in accordance with the Municipal Act, 2001, the City has passed a Parking Administrative Penalty By-law and an Administrative Penalty By-law for Non-Parking By-laws; AND WHEREAS in accordance with the aforesaid by-law and the Regulation, a person who receives a Penalty Notice shall have the right to request a screening review of the administrative penalty by a Screening Officers appointed by the City; AND WHEREAS in accordance with the aforesaid by-law and the Regulation, a person who receives a Screening Decision shall have the right to request a review of the decision by a Hearing Officer appointed by the City; AND WHEREAS the City considers it desirable and necessary to establish the positions of Screening Officer and Hearing Officer, which are required for the operation of the Parking Administrative Penalty By-law and the Administrative Penalty By-law for Non-Parking By-laws; NOW THEREFORE The Corporation of the City of Kitchener enacts as follows: Title 1. This By-y- Definitions 2. For the purposes of this by-law: Administrative Penalty means an administrative penalty imposed for a contravention of a Designated By-law, as set out in the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non-Parking By-laws; Administrative Penalty By-law for Non-Parking By-laws means By-law No. 2024-001 of the City, as amended from time to time, or any successor thereof; 2 City means The Corporation of the City of Kitchener; City Solicitor means the City Solicitor, or anyone designated by the City Solicitor to perform his or her duties pursuant to this By-law; Council means the elected Council of the City; Designated By-law means any provision of a City by-law to which the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non-Parking By-laws applies, as designated therein; General Manager, Community Services Department/Deputy CAO means the General Manager, Community Services Department/Deputy CAO of the City, or anyone designated by the General Manager, Community Services Department/Deputy CAO to perform his or her duties pursuant to this By-law; Hearing Officer means any person appointed from time to time pursuant to this By-law, to perform the functions of a hearing officer in accordance with this By-law, the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non-Parking By-laws; Joint Panel means a panel comprised of representatives of the City of Kitchener and the City of Waterloo, as set out in the Policy for Appointment of Screening and Hearing Officers; Parent means a person who has demonstrated a settled intention to treat a child as a member of her or his family whether or not that person is the natural parent of the child; Parking Administrative Penalty By-law means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; Person includes an individual or a corporation; Policy for Appointment of Screening and Hearing Officers means a policy for the appointment of screening and hearing officers as approved by Council, and amended from time to time, or any successor thereof; Power of Decision means a power or right, conferred by or under this By-law, the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non-Parking By-laws to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any person: a) In the case of a Screening Officer, in respect of a request to review an Administrative Penalty; and b) In the case of a Hearing Officer, in respect of a review of a Screening Decision Regulation means O. Reg. 333/07, made under the Municipal Act, 2001, as amended from time to time, or any successor thereof; Relative includes any of the following persons: 3 a) spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; b) Parent or legal guardian; c) child, including a step child and grandchild; d) siblings and children of siblings; e) aunt, uncle, niece and nephew; f) in-laws, including mother, father, sister, brother, daughter and son; or g) any person who lives with the person on a permanent basis Screening Decision means a notice which contains the decision of a Screening Officer, as set out in the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non- Parking By-laws; Screening Officer means any person appointed from time to time pursuant to this By-law, to perform the functions of a screening officer in accordance with this By-law, the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non-Parking By-laws; and Spouse means a person to whom the person is married or with whom the person is living in a conjugal relationship outside marriage Screening Officer 3. The position of Screening Officer is established for the purpose of exercising the Power of Decision in the screening review of an Administrative Penalty, as set out in the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non- Parking By-laws . 4. The Screening Officer shall have all the powers of a screening officer as set out in the Parking Administrative Penalty By-law, the Regulation and the Administrative Penalty By-law for Non-Parking By-laws. 5. Screening Officer(s) shall be appointed by the General Manager, Community Services Department/Deputy CAO, in consultation with the City Solicitor, in accordance with the for Appointment of Screening and Hearing Officers. Hearing Officer 6. The position of Hearing Officer is established for the purpose of exercising the Power of Decision in a review of a Screening Decision, as set out in the Parking Administrative Penalty By-law or the Administrative Penalty By-law for Non-Parking By-laws. 7. The Hearing officer shall have all the powers of a hearing officer as set out in the Parking Administrative Penalty By-law and the Regulation. 4 8. Hearing Officer(s) shall be appointed by Council on the recommendation of the Joint Panel, in accordance with the Officers. The recommendation shall give preference to an eligible candidate: 1) with good knowledge of, and experience in, administrative law; and 2) of good character 9. Hearing Officers shall be appointed for the term of Council, and thereafter until the Hearing Officer is reappointed or a successor is appointed pursuant to this By-law or is no longer required by the City. 10. Notwithstanding Section 9 of this By-law, Council may revoke the appointment of a Hearing Officer at any time, on the recommendation of the Joint Panel, if the Hearing Officer: 1) is found to have contravened any applicable City policy relating to the administration of the Administrative Penalty system; 2) is found to have contravened any other requirement of the appointment; or 3) at any time during the appointment becomes ineligible for appointment 11. A Hearing Officer shall be remunerated at a rate as established by Council from time to time. 12. A Hearing Officer is deemed not to be an employee of the City, but a person who holds an administrative position in accordance with Section 258 of the Municipal Act, 2001. Eligibility 13. The following persons are not eligible for appointment as a Screening Officer or a Hearing Officer: 1) A member of Council; 2) A Relative of a member of Council; 3) In the case of a Hearing Officer, an employee of the City; 4) A person indebted to the City, other than: a) In respect of current property taxes; or b) Pursuant to an agreement with the City, where the person is in compliance with the terms thereof General 14. A Screening Officer or a Hearing Officer shall have no authority to further delegate his/her powers or duties. 5 15. Neither a Screening Officer nor a Hearing Officer has jurisdiction to consider questions relating to the validity of a statute, regulation or By-law or the constitutional applicability or operability of any statute, regulation or By-law. 16. For the purposes of subsection 23.2(4) of the Municipal Act, 2001, Council has determined that the powers delegated to the Screening Officer and the Hearing Officer are minor in nature. Severability 17. 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. Repeal 18. By-law 2019-040 is hereby repealed. 19. This by-law shall come into effect on the date of passing. PASSED at the Council Chambers in the City of Kitchener this day of December , A.D. 2023. _____________________________________ Mayor _____________________________________ Clerk SCHEDULE C BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend various Chapters of The City of Kitchener Municipal Code) WHEREAS the Council of The Corporation of the City of Kitchener enacted By-law Number 2024-001 on January 22, 2024, being an Administrative Penalty By-law within the City; AND WHEREAS the Council of The Corporation of the City of Kitchener considers it desirable and necessary to amend the City non-parking by-laws to designate such by-laws to which the Administrative Penalty By-law applies to allow for Administrative Penalties and Administrative Fees for the designated City by-laws set out herein; AND WHEREAS it is deemed expedient to amend various Chapters of The City of Kitchener Municipal Code as adopted by By-law 88-100; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Article 1 of Chapter 640 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 640.1.4 --law of the City, as amended from time to time, or any successor thereof; 640.1.5 ated in accordance with Article 4. 2. Article 4 of Chapter 640 of The City of Kitchener Municipal Code is hereby amended by deleting Section 640.4.4 and adding the following subsections thereto: 640.4.4 Where a matter or thing is done in accordance with Section 640.4.2 or Section 640.4.3, it shall be done at the expense of the person directed or required to do it and the Corporation may recover the costs by action or by adding them to the tax roll and collecting them in the same manner as property taxes. Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By- law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 640.4.6. 640.4.5 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 640.4.6 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 640.4.7 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 3. Article 1 of Chapter 270 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 270.1.11 -the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 270.1.12 Article 8. 4. Article 8 of Chapter 270 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 270.8.5 Articles 3, 4, 5 and 6 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 270.8.6 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 270.8.7 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 270.8.8 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 270.8.6. 5. Article 1 of Chapter 408 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 408.1.27 --law of the City, as amended from time to time, or any successor thereof; 408.1.28 hapter designated in accordance with Article 8. 6. Article 8 of Chapter 408 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 408.8.2 Articles 2, 3,4, 6 and 7 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 408.8.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 408.8.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 408.8.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 408.8.3. 7. Article 1 of Chapter 450 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 450.1.3 -ns the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 450.1.4 Article 10. 8. Article 10 of Chapter 450 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 450.10.3 Articles 2, 3, 4, 5, 6, 7, and 8 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 450.10.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 450.10.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 450.10.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 450.10.4. 9. Article 1 of Chapter 467 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 467.1.4 y-e Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 467.1.5 Article 3. 10. Article 3 of Chapter 467 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 467.3.3 Article 2 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 467.3.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 467.3.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 467.3.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 467.3.4. 11. Article 1 of Chapter 475 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 475.1.9 - Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 475.1.10 designated in accordance with Article 4. 12. Article 6 of Chapter 475 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 475.6.2 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 475.6.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 475.6.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 475.6.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 475.6.3. 13. Article 1 of Chapter 630 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 630.1.27 -s the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 630.1.28 ans any section of this Chapter designated in accordance with Article 17. 14. Article 17 of Chapter 630 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 630.17.5 Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 630.17.6 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 630.17.7 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 15. Section 630.17.4 of Chapter 630 is hereby deleted in its entirely and substituted with the following: 630.17.4 If a person fails to do a matter or thing, including comply with an Order under this Chapter, it shall be done at the expense of the person directed or required to do it and the Corporation may recover the costs by action or by adding them to the tax roll and collecting them in the same manner as property taxes. Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By- law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 630.17.6. 16. Article 2 of Chapter 637 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 637.2.9 -ative Penalty By-law of the City, as amended from time to time, or any successor thereof; 637.2.10 signated provisiis Chapter designated in accordance with Article 4. 17. Article 4 of Chapter 637 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 637.4.2 Article 3 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 637.4.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 637.4.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 637.4.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 637.4.3. 18. Section 665.1.1 of Chapter 665 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: trative Penalty By-trative Penalty By-law of the City, as amended from time to time, or any successor thereof; ed in accordance with Article 12. 19. Article 4 of Chapter 665 of The City of Kitchener Municipal Code is hereby amended by adding the following subsection thereto: 665.4.6 No owner shall fail to comply with a final and binding Order issued pursuant to section 15.2(2) of the Building Code Act, 1992, S.O. 1992, c. 23. 20. Article 12 of Chapter 665 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 665.12.2 Article4 of this Chapter ishereby designated as a partof this Chapter to which the Administrative Penalty By-law applies. 665.12.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 665.12.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 665.12.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 665.12.3. 21. Article 1 of Chapter 650 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 650.1.16 ve Penalty By--law of the City, as amended from time to time, or any successor thereof; 650.1.17 th Article 5. 22. Article 5 of Chapter 650 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 650.5.4 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 650.5.5 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 650.5.6 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 650.5.7 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 650.5.5. 23. Article 2 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 680.2.12 strative Penalty By--law of the City, as amended from time to time, or any successor thereof; 680.2.12 ted provision of this Chapter designated in accordance with Article 27. 24. Article 27 of Chapter 680 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 680.27.11 Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 680.27.12 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 680.27.13 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 680.27.14 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 680.27.12. 25. Article 1 of Chapter 687 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 687.1.13 nistrative Penalty By--law of the City, as amended from time to time, or any successor thereof; 687.1.14 eans any section of this Chapter designated in accordance with Article 12. 26. Article 12 of Chapter 687 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 687.12.3 Articles 3, 4, 5, and 6 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 687.12.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 687.12.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 687.12.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 687.12.4. 27. Article 1 of Chapter 690 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 690.1.4 -la Penalty By-law of the City, as amended from time to time, or any successor thereof; 690.1.5 ted provisio Article 7. 28. Article 7 of Chapter 690 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 690.7.4 Articles 3, 4, and 5 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 690.7.5 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 690.7.6 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 690.7.7 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 690.7.5. 29. Article 1 of Chapter 691 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 691.1.6 Administrative Penalty By--law of the City, as amended from time to time, or any successor thereof; 691.1.7 Article 3. 30.Article 3of Chapter 691of The City of Kitchener Municipal Codeis hereby amendedby adding the following subsections thereto: 691.3.2 Article 2 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 691.3.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter.. 691.3.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 691.3.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 691.3.3. 31. Article 1 of Chapter 694 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 694.1.11 ministrative Penalty By--law of the City, as amended from time to time, or any successor thereof; 694.1.12 section of this Chapter designated in accordance with Article 7. 32. Article 7 of Chapter 694 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 694.7.3 Articles 2, 3, 4, and 6 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 694.7.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 694.7.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 694.7.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 697.7.3. 33. Article 1 of Chapter 711 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 711.1.23 --law of the City, as amended from time to time, or any successor thereof; 711.1.24 y section of this Chapter designated in accordance with Article 8. 34. Article 8 of Chapter 711 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 711.8.8 Articles 2, 3, 4, 5, 6 and 7 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 711.8.9 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 711.8.10 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 711.8.11 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 711.8.9. 35. Article 1 of Chapter 739 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 739.1.10 rative Penalty By--law of the City, as amended from time to time, or any successor thereof; 739.1.11 ny section of this Chapter designated in accordance with Article 5. 36. Article 5 of Chapter 739 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 739.5.2 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 739.5.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 739.5.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 739.5.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 739.5.3. 37. Article 1 of Chapter 820 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 820.1.8 alty By- means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 820.1.9 on of this Chapter designated in accordance with Article 4. 38. Article 4 of Chapter 820 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 820.4.3 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 820.4.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 820.4.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 820.4.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 820.4.4. 39. Article 1 of Chapter 827 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 827.1.4 --law of the City, as amended from time to time, or any successor thereof; 827.1.5 hapter designated in accordance with Article 9. 40. Article 9 of Chapter 827 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 827.9.4 Articles 3, 5, 6 and 7 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 827.9.5 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 827.9.6 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 827.9.7 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 827.9.5. 41. Article 1 of Chapter 842 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 842.1.10 -means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 842.1.11 of this Chapter designated in accordance with Article 3. 42. Article 3 of Chapter 842 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 842.3.2 Article 2 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 842.3.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 842.3.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 842.3.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 842.3.3. 43. Article 1 of Chapter 895 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 895.1.24 -Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 895.1.25 Article 17. 44. Article 17 of Chapter 895 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 895.17.3 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 895.17.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 895.17.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 895.17.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 895.17.4. 45. Article 1 of Chapter 420 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 420.1.24 -he Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 420.1.25 accordance with Article 13. 46. Article 11 of Chapter 420 of the City of Kitchener Municipal Code is hereby amended by adding the following section thereto: 420.11.5.1 (a) No person shall fail to surrender a prohibited dog when directed to do so in accordance with Article 420.7.1. (b) No person shall fail to provide satisfactory proof that a prohibited dog has been removed from the City, in accordance with Article 420.7.1. 47. Article 13 of Chapter 420 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 420.13.3 Articles 4, 5, 6, and 11 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 420.13.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 420.13.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 420.13.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 420.13.4. 48. Article 1 of Chapter 421 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 421.1.23 -nistrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 421.1.24 in accordance with Article 12. 49. Article 12 of Chapter 421 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 421.12.3 Articles 2, 5, 7, 8, 9 and 10 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 421.12.4 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 421.12.5 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 421.12.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 421.12.4. 50. Article 1 of Chapter 508 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 508.1.15 -inistrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 508.1.16 ated in accordance with Article 3. 51. Article 3 of Chapter 508 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 508.3.7 Article 2 of this Chapter is hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 508.3.8 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 508.3.9 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 508.3.10 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 508.3.8. 52. Article 1 of Chapter 890 of The City of Kitchener Municipal Code is hereby amended by adding the following definitions thereto: 890.1.34 rative Penalty By-rative Penalty By-law of the City, as amended from time to time, or any successor thereof; 890.1.35 Article 12. 53. Article 12 of Chapter 890 of The City of Kitchener Municipal Code is hereby amended by adding the following subsections thereto: 890.12.2 Articles 2, 9, 10 and 11 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 890.12.3 Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 890.12.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 890.12.5 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 890.12.3. PASSED at the Council Chambers in the City of Kitchener this day of , A.D. 2024. _____________________________________ Mayor _____________________________________ Cler k SCHEDULE D Policy No: Click here to enter text. POLICY Approval Date: Click here to enter a Policy Title: Conflict of Interest and date. Code of Conduct in Relation to the Administration of the Reviewed Date: Click here to enter text. Administrative Monetary Penalty System Next Review Date: Click here to enter text. Policy Type: COUNCIL Reviewed Date: Click here to enter text. Category: Governance Last Amended: Click here to enter a date. Sub-Category: Council Replaces: Click here to enter text. Author: Gloria MacNeil Repealed: Click here to enter a date. Dept/Div: CSD By-law Enforcement Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 Administrative Penalty By-law Parking Administrative Penalty By-law Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1. POLICY PURPOSE: Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) for parking to have a policy relating to conflicts of interest. In accordance with the Regulation, the Policy must define what constitutes a conflict of interest in relation to AMPS, contain provisions to prevent such conflicts and to redress such conflicts should they occur. This Policy addresses conflict of interest provisions in relation to the administration of AMPS. The Policy set out requirements relating to Screening Officers, Hearing Officers and City staff in order to prevent actual, potential and perceived conflicts of interest, and to ensure that AMPS responsibilities are conducted in accordance with fundamental principles of justice, which include judicial and prosecutorial independence, fairness, impartiality, competence and integrity. 1 of 9 Policy No: Policy Title: 2. DEFINITIONS: --law No. 2024-01 of the City, as amended from time to time, or any successor thereof; Parking Administrative Penalty By-law; -law Enforcement Ser-law Enforcement Services of the City, or his or her designate; the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with the Screening and Hearing Officer By-law or the Parking Administrative Penalty By-law; out in section 6.0 of the Parking Administrative Penalty By-law; --law No. 2019-039 of the City, as amended from time to time, or any successor thereof; member of her or his family, whether or not that person is the natural parent of the child; Section 3.0 of the Administrative Penalty By-law and Section 4.0 of the Parking Administrative Penalty By- law; the City to govern the Appointment of Screening and Hearing Officers, as amended from time to time, or any successor thereof; Power of Decision means a power or right, conferred by or under this By-law and the Parking Administrative Penalty By-law or the Administrative Penalty By-law, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any Person: 2 of 9 Policy No: Policy Title: a) spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; b) Parent or legal guardian; c) child, including a step-child and grandchild; d) siblings and children of siblings; e) aunt, uncle, niece and nephew; f) in-laws, including mother, father, sister, brother, daughter and son; or g) any person who lives with the person on a permanent basis. --law No. 2024-002 of the City, as amended from time to time, or any successor thereof; Penalty Notice, as set out in Section 5.0 of the Administrative Penalty By-law or Section 5.0 of the Parking Administrative Penalty By-law; as set out in Section 5.7 of the Administrative Penalty By-law and Section 5.8 of the Parking Administrative Penalty By-law; to the Screening and Hearing Officer By-law, to perform the functions of a screening officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law or the Parking Administrative Penalty By-law; and Statutory Powers Procedure Act 1990, c. S. 22, as amended from time to time, or any successor thereof 3. SCOPE: This Policy applies to all Screening Officers, Hearing Officers, and all City employees involved in the administration of the AMPS program. The following shall apply in addition to this Policy: a) City employees involved in the administration of the AMPS program: all other City policies and procedures applicable to City employees shall continue to apply. In the event of a conflict between the provisions of this Policy and any other City policy or procedure, in relation to AMPS, the provisions of this Policy shall supersede. b) For Hearing Officers: the provisions of any agreement governing the retainer between the City and a Hearing Officer(s), shall also apply in regard to the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede. 3 of 9 Policy No: Policy Title: This Policy shall apply in addition to all applicable law (i.e. Municipal Conflict of Interest Act, etc.). A breach of applicable law relevant to any matters set out in this Policy shall be deemed to be a breach of this Policy. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: Other: Council Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 Appointment of Screening Officers and Hearing Officers The Screening and Hearing Officer By-law and Policy For Appointment of Screening and Hearing Officers, establish the rules regarding the appointment of Screening Officers and Hearing Officers. Screening and Hearing Officers shall be appointed and recruited in accordance with the Policy For Appointment of Screening and Hearing Officers. The following persons shall not be eligible for appointment as or to remain as a Screening Officer or Hearing Officer: a) a member of Council; b) a Relative of a member of Council; c) an individual indebted to the City other than: i) in respect of current real property taxes; or ii) pursuant to an agreement with the City, where the individual is in compliance with the terms thereof; and d) in the case of a Hearing Officer, an employee of the City of Kitchener 4.2 Conflict of Interest 4 of 9 Policy No: Policy Title: A conflict of interest arises where a Screening Officer, Hearing Officer or City employee involved in the administration of AMPS, or any Relative of same, has a direct or indirect personal or financial interest: a) such that they could influence a decision made in relation to AMPS; b) that may affect the performance of their job duties in relation to AMPS; c) that conflicts, might conflict, or may be perceived to conflict with the interests of the proper administration of AMPS; or d) that may adversely affect the reputation of the City as a public authority in relation to AMPS. A conflict of interest includes a pecuniary or non-pecuniary interest, actual, perceived or potential conflict, that could arise in relation to personal or financial matters, including but not limited to: i) directorships or employment; ii) interests in business enterprises or professional practices; iii) share ownership or beneficial interests in trusts; iv) professional or personal associations with a Person; v) professional associations or relationships with other organizations; vi) personal associations with other groups or organizations; or vii) family relationships, including Relatives. Screening Officers Screening Officers are employees of the City of Kitchener and therefore must also abide by all other City policies and procedures applicable to City employees. Screening Officers must be and appear to be impartial at all times. Screening Officers shall not review a Penalty Notice for a personal or business acquaintance or Relative. Hearing Officers Hearing Officers, in conducting a Hearing Review, are bound by and shall comply with the Statutory Powers Procedures Act, as well as general administrative common law principles (i.e. procedural fairness, natural justice, impartial and unbiased decision making, etc.). Hearing Officers must be and appear to be impartial at all times. A Hearing Officer shall not review a Screening Decision for a personal or business acquaintance or Relative. Hearing Officers must also abide by the terms of any agreement governing the retainer between the Hearing Officer and the City. 4.3 Conduct of Screening Officers and Hearing Officers 5 of 9 Policy No: Policy Title: All Screening Officers and Hearing Officers shall: a) both be and appear to be independent, impartial, and unbiased; b) avoid all conflicts of interest, whether real, potential or perceived, and promptly take appropriate steps to disclose, resolve, or obtain advice with respect to any such conflict should it arise; c) not represent any Person at a Screening Review or Hearing Review; d) not dispute their own Penalty Notices and are expected to pay the Penalty Notice in a timely manner; e) not be influenced by partisan interests, public opinion, or by fear of criticism; f) not use their title and position to promote their own interests or the interests of others; g) discharge their duties in accordance with the law, City by-laws and AMPS policies, procedures and guidelines in effect from time to time; h) maintain and upgrade their knowledge and competence through their work, by participating in training and education courses as required by the City, and by seeking guidance from their colleagues and the City, as necessary; i) remain up to date on changes in the law, City by-laws, policies and procedures relevant to their function; j) act with integrity, as they are subject to ongoing public scrutiny; k) respect and comply with the law and conduct themselves at all times in a manner that promotes public confidence in the integrity and impartiality of AMPS; l) approach their duties in a calm and courteous manner when dealing with the public and others and present and conduct themselves in a manner consistent with the integrity of AMPS and with their appointment; m) convey their decisions in plain language, including the reasons therefor where such are required; n) safeguard the confidentiality of information that comes to them by virtue of their work and not disclose that information except as required by, and in accordance with, the law; o) in discharging their duties, treat those with whom they deal with in a respectful and tolerant manner regardless of the gender, sexual orientation, race, religion, culture, language, mental abilities, or physical abilities of those Persons, and without limiting the foregoing, comply in all respects with the Ontario Human Rights Code; p) refrain from openly and publicly criticizing the administration of AMPS or the conduct of others, including City employees or members of Council. Screening Officers and Hearing Officers shall acknowledge that only the Director of By-law Enforcement Services may speak publicly on behalf of MPS program. Any criticisms, suggestions or concerns related to AMPS shall be communicated through appropriate channels to the Director of By-law Enforcement Services; 6 of 9 Policy No: Policy Title: q) deal with the matters that come before them in a timely manner and make themselves accessible to those requiring their services; and r) not knowingly exercise a power or function for which they have not been trained or designated. Without limiting the foregoing, Screening Officers, Hearing Officers and all persons involved in the administration of AMPS shall avoid activities or circumstances that create conflicts, whether real, potential or perceived, between their personal interests and their responsibilities in relation to AMPS, including situations where their personal interests or the perception that their personal interests could influence any decisions they make on behalf of the City. Any obligation, interest or participation, which would or could interfere with the fair and impartial administration of AMPS or the exercise of judgment in relation to AMPS, constitutes conflict of interest. Every Screening Officer, Hearing Officer or City employee involved in the administration of AMPS, must disclose, in accordance with this Policy, any obligation, commitment, relationship or interest that poses a real, potential or perceived conflict with his or her duties in relation to or interests in the administration of AMPS. 4.4 Preventing Conflict of Interest The keys to preventing conflicts of interest are identification, disclosure and withdrawal from the power of decision with respect to a Screening Review or Hearing Review. The need for identification, disclosure and withdrawal from a Power of Decision or administrative role in relation to AMPS applies to any real, potential or perceived conflict of interest. 4.5 Reporting Conflicts of Interest Screening Officers and City Employees Screening Officers and City employees involved in the administration of AMPS shall notify the Director of By-law Enforcement Services of any conflict of interest, real, potential or perceived, that they may have in relation to a matter. Hearing Officers If a Hearing Officer becomes aware of any real, potential or perceived conflict of interest, the Hearing Officer shall notify the Director of By-law Enforcement Services. 4.6 Assignment of Alternate Screening Officer or Hearing Officer 7 of 9 Policy No: Policy Title: Where a real, potential or perceived conflict of interest is reported by a Screening Officer or Hearing Officer, as set out in this Policy: a) in the case of a review of a Screening Review or Hearing Review that has not yet commenced, the Director of By-law Enforcement Services shall assign another Screening Officer or Hearing Officer to conduct the review to avoid actual, potential or perceived conflict of interest; or b) in the case of a review of a Screening Review or Hearing Review that has commenced: i) the Screening Officer or Hearing Officer, as the case may be, shall adjourn the review and withdraw from the Power of Decision; and ii) the Director of By-law Enforcement Services shall cause the Screening Review or Hearing Review to be recommenced and rescheduled with another Screening Officer or Hearing Officer. If all appointed Screening Officers and/or Hearing Officers have a conflict of interest with a matter, the Director of By-law Enforcement Services shall retain another Screening Officer or Hearing Officer to handle the matter that is the subject of the conflict of interest. The Director of By-law Enforcement Services may consult with the City Solicitor, or his/her designate, for further guidance in regard to this Policy. Where a Screening Officer or Hearing Officer is charged with any offence under the Criminal Code of Canada, or under any other Federal or Provincial statute or Regulation where continuing to perform duties may erode public confidence in the administration of justice, the Screening Officer or Hearing Officer shall disclose same to the Director of By-law Enforcement Services within 5 business days of the charge being laid, and appropriate action will be taken by the City, which, if determined appropriate, may include suspension from duties until the final disposition of the charge and, upon final disposition, may include, but is not limited to, termination of duties related to AMPS and/or revocation of appointment. COMPLIANCE 4.7 Policy Violation In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5. HISTORY OF POLICY CHANGES Administrative Updates 8 of 9 Policy No: Policy Title: n/a Formal Amendments n/a 9 of 9 SCHEDULE E Policy No: Click here to enter text. POLICY Approval Date: Click here to enter a Policy Title: Public Complaints date. Respecting the Administration of the Reviewed Date: Click here to enter text. Administrative Monetary Penalty System Next Review Date: Click here to enter text. Policy Type: COUNCIL Reviewed Date: Click here to enter text. Category: Governance Last Amended: Click here to enter a date. Sub-Category: Council Replaces: Click here to enter text. Author: Gloria MacNeil Repealed: Click here to enter a date. Dept/Div: CSD By-law Enforcement Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Administrative Penalty By-law Parking Administrative Penalty By-law Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1. POLICY PURPOSE: Ontario Regulation 333/07 made under the Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to develop a policy to address public complaints regarding the administration of AMPS. The purpose of this Policy is to provide a process for public complaints regarding the administration of AMPS and to ensure that AMPS remains an open, transparent, accessible, responsive, accountable, efficient and effective system for parking enforcement in the City of Kitchener, and that any public complaints are addressed in a timely and responsible manner. 2. DEFINITIONS: Administrative Penalty By-law or the Parking Administrative Penalty by-law; 1 of 5 Policy No: Policy Title: Administrative Penalty By-law or the Parking Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; --law No. 2024-01, as amended from time to time, or any successor thereof; duties pursuant to the Administrative Monetary Penalty System; By-law Enforcement Services or the City Solicitor, or his or her designate; pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Hearing Officer in accordance with the Administrative Penalty By-law or the Parking Administrative Penalty By-law; out in Section 6.0 of the Administrative Penalty By-law or Section 6.0 of the Parking Administrative Penalty By-law; eans the Integrity Commissioner as appointed by City Council from time to time; Municipal Freedom of Information and Protection of Privacy Act Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c. M. 56, as amended from time to time, or any successor thereof; --law No. 2019-039, as amended from time to time, or any successor thereof; Section 3.0 of the Administrative Penalty By-law or Section 4.2 of the Parking Administrative Penalty By- law; --law No. 2024-002, as amended from time to time, or any successor thereof; ed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a 2 of 5 Policy No: Policy Title: Screening Officer in accordance with the Administrative Penalty By-law or the Parking Administrative Penalty By-law; ans the process related to review of a Penalty Notice, as set out in Section 5.0 of the Administrative Penalty By-law and Section 5.0 of the Parking Administrative Penalty By-law 3. SCOPE: This Policy applies to all public complaints, informal or formal, regarding the administration of the AMPS program and applies to all administrative actions and functions of all City employees and other individuals responsible for the administration of AMPS, and to all public complaints regarding Screening Officers or Hearing Officers. All individuals responsible for administering the AMPS program shall be responsible for adherence to this Policy. Any public complaint filed pursuant to this Policy in regards to the administrative actions of a City employee, Screening Officer or Hearing Officer under AMPS shall be referred to the Designated Complaints Investigator. Screening Officers and Hearing Officers do not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of a statute, regulation or by-law. Any such complaints will not be processed under this Policy. This Policy is not intended to: (a) Operate as an appeal mechanism to reverse or alter any decision of a Screening Officer or Hearing Officer; or (b) Replace other specific City programs, policies/procedures, legislative processes, or legal processes available to the public to address public concerns with AMPS or with the outcome of a Screening Review or Hearing Review. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: Other: Council Local Boards & Advisory Committees 3 of 5 Policy No: Policy Title: 4. POLICY CONTENT: 4.1 General Provisions A public complaint shall be processed using the following framework: (a) Unless otherwise set out in this Policy, all public complaints regarding the administration of AMPS shall be submitted to the Designated Complaints Investigator, who may investigate and, if applicable, determine appropriate corrective action; (b) Any complaint regarding a member of Council in respect of the administration of AMPS shall be submitted and processed in accordance with the Council Code of Conduct; (c) Any complaint regarding a Hearing Officer shall be referred by the Designated Complaints Investigator to the General Manager of Community Services or Chief Administrative Officer; (d) A public complaint submitted pursuant to this Policy must be in writing, using the form(s) as may be prescribed by the Designated Complaints Investigator from time to time, complete with all required information, including the name and full contact information of the complainant, and be sent to the Designated Complaints Investigator within 30 calendar days of the date of the event for which the complaint is being made. Incomplete complaint forms or forms submitted after the 30 calendar day period may not be processed, at the discretion of the Designated Complaints Investigator; (e) All complaints shall be treated as confidential by the City and shared only as required to investigate the complaint, respecting personal information privacy and confidentiality in accordance with the Municipal Freedom of Information and Protection of Privacy Act; (f) The Designated Complaints Investigator may refuse to address or process any public complaint that is deemed by the Designated Complaints Investigator to be frivolous, vexatious, trivial or made in bad faith, or not within the scope of this Policy. The Designated Complaints Investigator shall notify the complainant in writing, and provide the complainant with a reasonable opportunity to make written submissions, prior to determining a complaint to be frivolous, vexatious, trivial or made in bad faith. Any such decision shall be communicated to the complainant in writing with reasons; (g) Where possible, at the discretion of the Designated Complaints Investigator, attempts will be made to address public complaints through an informal resolution process before proceeding to a formal resolution process; 4 of 5 Policy No: Policy Title: (h) Any resolution, formal or informal, of a public complaint will be addressed by a written response from the Designated Complaints Investigator to the person filing the complaint; (i) A public complaint sustained through a review cannot be used as the basis to change or void a decision of a Screening Officer or Hearing Officer, including any Administrative Penalties and Administrative Fees due or paid; and (j) The Designated Complaints Investigator will report annually on the summary of public complaints filed and addressed in respect of AMPS. 4.2 Anonymous Complaints Complaints that are anonymous will not be accepted. 4.3 Withdrawing a Complaint A complainant may withdraw his/her complaint by so requesting in writing to the Designated Complaints Investigator at any time. COMPLIANCE 4.4 In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5. HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 5 of 5 SCHEDULE F Policy No: Click here to enter text. POLICY Approval Date: Click here to enter a Policy Title: Recruitment and Selection date. of Screening and Hearing Officers Reviewed Date: Click here to enter text. Policy Type: COUNCIL Next Review Date: Click here to enter text. Category: Governance Reviewed Date: Click here to enter text. Sub-Category: Council Last Amended: Click here to enter a date. Author: Gloria MacNeil Replaces: Click here to enter text. Dept/Div: CSD-By-law Enforcement Repealed: Click here to enter a date. Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 Procedure By-Law Code of Conduct for Members of Council Code of Conduct for Members of Advisory Committees 1. POLICY PURPOSE: The purpose of the policy is to provide a consistent and transparent framework for the selection and appointment of Screening Officers and Hearing Officers and to act as a guide for appointees. 2. DEFINITIONS: --law No. 2024-01 of the City, as amended from time to time, or any successor thereof; duties relating to AMPS; 1 of 5 Policy No: Policy Title: Hearing Officer means any person appointed from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law or the Parking Administrative Penalty By-law; Joint Panel means a joint panel as set out herein, established to provide advice and recommendations to Council pursuant to the Screening and Hearing Officer By-law, regarding the appointment of Hearing Officers; Parking Administrative Penalty By-law means By-law No. 2019-039 of the City, as amended from time to time, or any successor thereof; Relative includes any of the following persons: a) spouse, common-law partner, or any person with whom the person is living as a spouse outside of marriage; b) Parent or legal guardian; c) child, including a step child and grandchild; d) siblings and children of siblings; e) aunt, uncle, niece and nephew; f) in-laws, including mother, father, sister, brother, daughter and son; or g) any person who lives with the person on a permanent basis Screening and Hearing Officer By-law means By-law No. 2024-002 of the City, as amended from time to time, or any successor thereof; Screening Officer means any person appointed from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a screening officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By- law or the Parking Administrative Penalty By-law 3. SCOPE: This Policy applies to the selection and appointment of Screening Officers and Hearing Officers for the purposes of AMPS in relation to parking. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. 2 of 5 Policy No: Policy Title: Specified Positions only: Other: Council Local Boards & Advisory Committees 4. POLICY CONTENT: 1.1 Appointment of Screening Officers In accordance with the Screening and Hearing Officer By-law, Screening Officers shall be appointed by the Clerk in consultation with the City Solicitor. Except where ineligible or where the Clerk, in consultation with the City Solicitor otherwise determines that the person has demonstrated an inability to comply with City Policies or procedures, or is unable to carry out the duties related to AMPS in a fair and impartial manner, any person(s) holding the following positions of By-law Enforcement Assistant (as that position may be renamed from time to time) may be designated by the Clerk as Screening Officers. The following persons are not eligible for appointment as Screening Officers: 1) A member of Council; 2) A Relative of a member of Council; 3) A person indebted to the City, other than: a) In respect of current property taxes; or b) Pursuant to an agreement with the City, where the person is in compliance with the terms thereof The Clerk, in consultation with the City Solicitor, may revoke the appointment of a By-law Enforcement Assistant as a Screening Officer if at any time the person becomes ineligible for appointment or continuation as a Screening Officer, or is otherwise determined by the Clerk, in consultation with the City Solicitor, to be unable to carry out the duties related to AMPS in a fair and impartial manner or to comply with City Policies or procedures. 1.2 Recruitment of Hearing Officer(s) The City may, from time to time, recruit Hearing Officer(s) as contemplated by the Screening and Hearing Officer By-law, in accordance with the following process: 1.2.1 Joint Panel A Joint Panel is hereby established, to carry out the duties of the Joint Panel as contemplated by the Screening and Hearing Officer By-law and in this Policy. The Joint Panel shall be comprised of the following representatives of the City of Kitchener and the City of Waterloo: a) City Solicitor or designate (Kitchener and/or Waterloo provided that at least 1 such person is on the panel); 3 of 5 Policy No: Policy Title: b) City Clerk or designate (Waterloo); and c) Director of Human Resources or designate (Kitchener) 1.2.2 Eligibility The following persons are not eligible to be appointed or to remain as Hearing Officer(s): a) A member of Council; b) A Relative of a member of Council; c) An employee of the City; d) A person indebted to the City, other than: i) In respect of current property taxes; or ii) Pursuant to an agreement with the City, where the person is in compliance with the terms thereof 1.2.3 Application and Review Process Application Process The recruitment of Hearing Officer(s) will be carried out as a joint initiative of the City of Waterloo and the City of Kitchener. Hearing Officer(s) postings will be published by the City of Kitchener and the City of Waterloo. The posting will outline the role of the Hearing Officer(s) and eligibility criteria. All applicants must complete an application form in the form as determined by the City of Kitchener and the City of Waterloo. The application form will be provided on the City of Kitchener and City of Waterloo websites, and at the By-law Enforcement Officer of the City of Kitchener and Legislative Services Division of the City of Waterloo. Review and Appointment All applications received by the established deadline will be forwarded to the Joint Panel which will be responsible for reviewing the applications and recommending appointments to Council. The applicant review process will be completed in camera as the process involves reviewing personal information of the applicants. The Joint Panel will make recommendations to Council. Council will consider the recommendations and appoint Hearing Officer(s) by by-law. The Human Resources Division of the City of Kitchener and the Legislative Services Division of the City of Waterloo will jointly notify all applicants of the decision of the Councils and will retain all applications according to their applicable Retention By-Law. Other AMPS Programs 4 of 5 Policy No: Policy Title: Should the City decide to expand the AMPS Program(s) to matters other than parking, Council may, but is not required to, expand the duties of and appoint any existing Hearing Officer(s) for that purpose. 1.2.4 Nature of Hearing Officer(s) Position and Term Hearing Officer(s) are independent, and are not City employees. Hearing Officer(s) may be required to enter into a contract with the City outlining the terms of service. Unless revoked, Hearing Officer(s) shall be appointed for the term of Council (or remainder thereof, where appointed mid-term), and thereafter until reappointed or until a successor is appointed. 1.2.5 Revocation of Appointment Council may revoke the appointment of a Hearing Officer at any time, on the recommendation of the Joint Panel, in accordance with the Screening and Hearing Officer By-law. COMPLIANCE: 1.2.6 In cases of policy violation, the City may investigate and determine appropriate corrective action. 5. HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 5 of 5 SCHEDULE G Policy No: Click here to enter text. POLICY Approval Date: Click here to enter a Policy Title: Financial Management and date. Reporting for the Administrative Monetary Reviewed Date: Click here to enter text. Penalty System Next Review Date: Click here to enter Policy Type: COUNCIL text. Reviewed Date: Click here to enter text. Category: Governance Last Amended: Click here to enter a Sub-Category: Council date. Author: Gloria MacNeil Replaces: Click here to enter text. Dept/Div: CSD-By-law Enforcement Repealed: Click here to enter a date. Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 City of Kitchener Administrative Penalty By-law City of Kitchener Parking Administrative Penalty By-law City of Kitchener Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1. POLICY PURPOSE: Ontario Regulation 333/07 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have a policy to address financial management and reporting of AMPS. This purpose of this Policy is to provide a Policy regarding financial management and the reporting and tracking of administrative penalties and fees. This Policy affirms that the City of Kitchener financial management and reporting. 2. DEFINITIONS: Administrative Penalty By-law or the Parking Administrative Penalty By-law; 1 of 6 Policy No: Policy Title: Designated By-law, in accordance with the Administrative Penalty By-law or the Parking Administrative Penalty By-law; --law No. 2024-01 of the City, as amended from time to time, or any successor thereof; --law Enforcement Services Division of the City, or any successor thereof; duties pursuant to the Administrative Monetary Penalty System; By-law Enforcement Services or anyone designated by the Director of By-law Enforcement Services to perform his or her duties pursuant to the Administrative Monetary Penalty System; pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Hearing Officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law or the Parking Administrative Penalty By-law; Municipal Freedom of Information and Protection of Privacy Act Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M. 56, as amended from time to time, or any successor thereof; --law No. 2019-039 of the City, as amended from time to time, or any successor thereof; Administrative Penalty By-law; fficer By--law No. 2024-002 of the City, as amended from time to time, or any successor thereof; to the Screening and Hearing Officer by-law, to performs the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law or the Parking Administrative Penalty By-law 2 of 6 Policy No: Policy Title: 3. SCOPE: This Policy applies to all financial management and reporting responsibilities and accountabilities regarding AMPS. All persons responsible for administering the AMPS program, as well as Screening Officers and Hearing Officers, shall comply with this Policy. The City has established a number of financial management policies and procedures which, along with proactive financial planning processes, provide a framework for the accountability through regular, thorough and transparent financial performance reporting and analysis. This will be reflected in routine reporting on AMPS financial results, as well as efficiency and effectiveness measures of the AMPS programs and services. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: Other: Council Local Boards & Advisory Committees 4. POLICY CONTENT: 1.1 General Financial Management and Reporting volves around priority setting that reflects the and historical financial performance; all balanced with the need for prudent financial management. Priority setting and budgeting with respect to AMPS shall be the responsibility of By-law Enforcement Services. Through the process of current financial management and reporting for AMPS, By-law Enforcement Services shall: a) review and monitor current year actual, budgeted and projected financial performance and operating results; b) proactively compare program financial activity with past performance to identify trends, issues and opportunities; 3 of 6 Policy No: Policy Title: c) determine priorities for maintaining and improving AMPS program services levels; d) review and develop long-term plans for AMPS including a multi-year operating and capital budget analysis and projections; e) identify and mitigate factors impacting the AMPS budget and financial performance, such as inflation, fixed costs and legislative requirements that are beyond the control of City decision-makers; f) comply with all corporate reporting standards and requirements as part of g) ensure all necessary financial signing authorities are in place and followed by all staff involved in AMPS administration; and h) comply with all City procurement policies and procedures in regard to AMPS 1.2 Payment of a Penalty Notice Any person issuing a Penalty Notice for an infraction of a Designated By-law is not permitted to accept payment for an Administrative Penalty. Hearing Officers are prohibited from directly accepting any payment from any Person in respect of a Penalty Notice. City employees shall ensure compliance with corporate and/or departmental cash/payment handling procedures for financial stewardship. 1.2.1 Methods of Payment Following the issuance of a Penalty Notice, the Person is permitted to make a voluntary payment by using one of the following methods: a) Online using VISA or MasterCard at www.kitchener.ca (subject to a nominal processing fee) b) In person at the By-law Enforcement Office 33 Ontario St. N., Kitchener OR at Kitchener City Hall, 200 King St. W., Kitchener During regular business hours Monday Friday from 8:30am-5:00pm Payment may be made by cash, cheque, money order or debit card c) By mail using cheque or money order only. 4 of 6 Policy No: Policy Title: The Penalty Notice number must be written on the front of the cheque or money order and shall be made payable to The Corporation of the City of Kitchener Mail to: The Corporation of the City of Kitchener Revenue Division 200 King St. W., P.O. Box 9058 Kitchener, ON N2G 4Y2 Payment is not considered made until received by the City. Persons must allow sufficient mailing time for payments and should not send cash by mail. Post- dated cheques or payment by installations (unless otherwise agreed by the Director) are not accepted. A fee will be applied for any Non-Sufficient Funds, cance By-law. 1.2.2 Processing Payments Payments will be processed as follows: a) Online The Person enters their Penalty Notice and related information into the system and makes a payment with their credit card information. Once the transaction is processed and approved, the Person may print a receipt of payment as proof of payment for their records. b) In Person Apply the appropriate method of payment to the Penalty Notice. The Person is provided with a receipt of payment for their records. c) By Mail Apply the cheque or money order payment to the Penalty Notice. A receipt is not provided when using this method of payment. Upon receipt of a Penalty Notice payment, a City employee will apply the payment to a specific Penalty Notice in the Ticket Tracer system connected to -of-Sale terminals. Unless otherwise agreed by the Director, partial payments will not be status. with the Municipal Freedom of Information and Protection of Privacy Act. 5 of 6 Policy No: Policy Title: 1.2.3 Refund of Payment If a Person has paid any Administrative Fee in respect of a Penalty Notice, and the Administrative Fee or part thereof is later cancelled or reduced by a Screening Officer or Hearing Officer, the City shall refund the Administrative Fee or part thereof cancelled or reduced, to the Person. 1.3 Administrative Fees Various Administrative Fees may be payable by a Person with a Penalty Notice as set out in the Administrative Penalty By-law or the Parking Administrative Penalty By-law. Where applicable, such fees shall be paid in addition to the Administrative Penalty. COMPLIANCE 1.4 In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5. HISTORY OF POLICY CHANGES n/a Formal Amendments n/a 6 of 6 SCHEDULE H Policy No: Click here to enter text. POLICY Approval Date: Click here to enter a Policy Title: Preventing Political date. Interference in Relation to the Administration of the Reviewed Date: Click here to enter text. Administrative Monetary Penalty System Next Review Date: Click here to enter text. Policy Type: COUNCIL Reviewed Date: Click here to enter text. Category: Governance Last Amended: Click here to enter a date. Sub-Category: Council Replaces: Click here to enter text. Author: Gloria MacNeil Repealed: Click here to enter a date. Dept/Div: CSD By-law Enforcement Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 Administrative Penalty By-law Parking Administrative Penalty By-law Screening and Hearing Officer By-law Code of Conduct for Members of Council 1. POLICY PURPOSE: Ontario Regulation 333/07 made under the Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have a policy for the prevention of political interference in AMPS. This Policy is intended to address this requirement, to define what constitutes political interference in relation to AMPS, and to ensure that the responsibilities of individuals involved in AMPS are conducted in accordance with the principles of fundamental justice, which include decision making and procedural independence, fairness, impartiality and integrity, without any political interference. This Policy is not intended to prevent or limit the ability of Members of Council to request information about the AMPS program in general, or its implications for the City, in relation to the business of Council. 1 of 6 Policy No: Policy Title: 2. DEFINITIONS: Administrative Penalty By-law or the Parking Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; --law No. 2024-01 of the City, as amended from time to time, or any successor thereof; System, established by the Parking Administrative Penalty By-law or the Administrative Penalty By-law by the City to govern the conduct of Members of Council, as amended from time to time, or any successor thereof; --law Enforcement of the City or his or her designate; the Screening and Hearing Officer By-law, to perform the functions of a hearing officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law or the Parking Administrative Penalty By-law; out in section 6.0 of the Parking Administrative Penalty By-law; Penalty By--law No. 2019-039 of the City, as amended from time to time, or any successor thereof; Section 3.0 of the Administrative Penalty By-law and Section 4.0 of the Parking Administrative Penalty By- law; a power or right, conferred by or under this By-law and the Parking Administrative Penalty By-law, to make a decision deciding or prescribing the legal rights, powers, privileges, immunities, duties or liabilities of any person: suspected of disclosing an allegation of wrongdoing, initiating or cooperating in an investigation into an alleged wrongdoing, and includes but is not limited to: 2 of 6 Policy No: Policy Title: 1. Disciplinary measures; 2. Demotion of the employee or individual; 3. Termination of the employee or individual; 4. Intimidation or harassment of the employee or individual; 5. Any measure that adversely affects the employment or working conditions of the employee or individual; and 6. Directing or counselling someone to commit a reprisal --law No. 2019-040 of the City, as amended from time to time, or any successor thereof; in Section 5.0 of the Administrative Penalty By-law or Section 5.0 of the Parking Administrative Penalty By-law; person appointed by the City from time to time pursuant to the Screening and Hearing Officer By-law, to perform the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law or the Parking Administrative Penalty By-law; 3. SCOPE: This Policy applies to all members of Council, to Hearing Officers and Screening Officers, to City employees involved in the enforcement and administration of AMPS, and to all other City employees in relation to their interaction with AMPS and members of Council. The following shall apply in addition to this Policy: a) For City employees involved in the administration of the AMPS program: all other City policies and procedures applicable to City employees shall continue to apply. In the event of a conflict between the provisions of this Policy and any other City policy or procedure, in relation to AMPS, the provisions of this Policy shall supersede. b) For Hearing Officers: the provisions of any agreement governing the retainer between the City and a Hearing Officer(s), shall also apply in regard to the activities of the Hearing Officer. In the event of a conflict between this Policy and the agreement, the provisions of this Policy shall supersede. c) For members of Council: the Council Code of Conduct shall also apply in regard to the activities of members of Council. In the event of a conflict between the provisions of this Policy and the provisions of the Council Code of Conduct, in relation to AMPS, this Policy shall supersede. 3 of 6 Policy No: Policy Title: This Policy shall apply in addition to all applicable law (i.e. Municipal Conflict of Interest Act, etc.). A breach of applicable law shall be deemed to be a breach of this Policy. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: Other: Council Local Boards & Advisory Committees 4. POLICY CONTENT: 4.1 Principles of Preventing Political Interference (a) No Person shall attempt, directly or indirectly, to communicate with any City employee or other person performing duties related to the administration of AMPS for the purpose of influencing or interfering, financially, politically or otherwise, with the administration of AMPS or with any particular Penalty Notice; (b) 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, 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: 1. A Person who is entitled to be heard in the proceeding or the P lawyer, licensed paralegal or authorized representative; and 2. Only by that Person or the P authorized representative during the hearing of the proceeding in which the issues arises. This paragraph shall not prohibit the giving of receiving of legal advice. In addition to this Policy, the AMPS By-law sets out a prohibition on attempting to influence a Screening Officer or Hearing Officer and creates an offence for any contravention of the provisions of the By-law. Such penalty is in addition to any action taken pursuant to this Policy. 4 of 6 Policy No: Policy Title: (c) All individuals involved with the enforcement and administrative functions of AMPS shall carry out such duties in a manner which upholds the integrity of the administration of justice 4.2 Accountability (a) A Screening Officer or Hearing Officer, City employee or any other individual performing duties related to AMPS shall report any attempt at influence or interference, financial, political or otherwise, by any Person, to the Director of By-law Enforcement as soon as possible. No action shall be taken against the Screening Officer, Hearing Officer, employee or other person(s) for making any such report in good faith; (b) Where any employee, Screening Officer, Hearing Officer or other person performing duties related to AMPS, is contacted by a member of Council or City official with respect to the administration of AMPS or a specific Penalty Notice, he or she shall immediately disclose such contact to the Director of By-law Enforcement in order to maintain the integrity of AMPS (c) Any interference with or attempt to interfere with AMPS by any Person may result in charges under the Criminal Code of Canada, as applicable, or any other applicable law, in addition to any disciplinary action; and (d) Any interference with AMPS or attempt to interfere with AMPS, by a member of Council, will be addressed pursuant to the Council Code of Conduct 4.3 Reprisal In addition to and without limiting 4.2(a), no person shall take any Reprisal against a City employee or other individual performing duties related to the administration of the AMPS because the employee or individual, in good faith: 1. Has sought information or advice about making a disclosure about wrongdoing contrary to this policy; 2. Has made a disclosure about wrongdoing contrary to this policy in good faith; 3. Has initiated or cooperated in an investigation or other process related to a disclosure of wrongdoing contrary to this policy; 4. Has appeared as a witness, given evidence or participated in any proceeding relating to the wrongdoing contrary to this policy, or is required to do so; 5. Has alleged or reported a Reprisal; or 6. Is suspected or any of the above actions The identity of employees or other individuals performing duties related to the administration of AMPS involved in an investigation, including the identity of an 5 of 6 Policy No: Policy Title: individual alleging political influence contrary to this policy, will be protected to the fullest extent possible. If an employee believes that he or she has suffered Reprisal, this should be reported immediately to the Director of By-law Enforcement. COMPLIANCE 4.4 Policy Violation In cases of Policy violation, the City may investigate and determine appropriate corrective action. 5. HISTORY OF POLICY CHANGES Administrative Updates n/a Formal Amendments n/a 6 of 6 SCHEDULE I Policy No: Click here to enter text. POLICY Approval Date: Click here to enter a Policy Title: Undue Hardship in Relation date. to the Administration of the Administrative Monetary Reviewed Date: Click here to enter text. Penalty System (AMPS) Next Review Date: Click here to enter Policy Type: COUNCIL text. Reviewed Date: Click here to enter text. Category: Governance Last Amended: Click here to enter a Sub-Category: Council date. Author: Gloria MacNeil Replaces: Click here to enter text. Dept/Div: CSD By-law Enforcement Repealed: Click here to enter a date. Replaced by: Click here to enter text. Related Policies, Procedures and/or Guidelines: Municipal Act, 2001 O. Reg. 333/07 Municipal Freedom of Information and Protection of Privacy Act Administrative Penalty By-law Parking Administrative Penalty By-law Screening and Hearing Officer By-law AMPS Program Policies and Procedures 1. POLICY PURPOSE: Ontario Regulation 333/07 made under the Municipal Act, 2001 requires a municipality establishing an Administrative Monetary Penalty System (AMPS) to have procedures that permit persons to be excused from paying all or part of the administrative penalty, including any administrative fees, if requiring them to do so would cause undue hardship. The Administrative Penalty By-law and the Parking Administrative Penalty By-law provides discretion to Screening Officers and Hearing Officer to cancel, reduce or extend time for payment of Administrative Penalties and Administrative Fees where the Officer determines it is necessary in order to reduce undue hardship. This Policy is intended to provide guidelines to Screening Officers and Hearing Officers in exercising their discretion in accordance with the By-laws. It is not intended to provide criteria for establishing undue hardship in respect of other City programs or services. 1 of 5 Policy No: Policy Title: 2. DEFINITIONS: Administrative Penalty By-law or the and Parking Administrative Penalty By-law; Administrative Penalty By-law or the Parking Administrative Penalty By-law for a contravention of a Designated By-law as defined therein; --law No. 2024-01 of the City, as amended from time to time, or any successor thereof; ty or expense and focuses on the resources and circumstances of the Person owing an Administrative Penalty or Administrative Fee, in relation to the cost or difficult of paying the Administrative Penalty or Administrative Fee; person who is appointed by the City from time to time pursuant to the Screening and Hearing Officer by-law, to perform the functions of a Hearing Officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law and the Parking Administrative Penalty By-law; set out in Section 6.7 of the Administrative Penalty By-law or Section 6.14 of the Parking Administrative Penalty By-law; out in Section 6.0 of the Parking Administrative Penalty By-law or Section 6.0 of the Parking Administrative Penalty By-law; Municipal Freedom of Information and Protection of Privacy Act Freedom of Information and Protection of Privacy Act, R.S.O. 1990. c. M. 56, as amended from time to time, or any successor thereof; --law No. 2019-039 of the City, as amended from time to time, or any successor thereof; Section 3.0 of the Administrative Penalty By-law or Section 4.0 of the Parking Administrative Penalty By- law; 2 of 5 Policy No: Policy Title: --law of the City providing for the classification retention and/or disposition of records, as amended from time to time, or any successor thereof; in Section 5.0 of the Administrative Penalty By-law or Section 5.0 of the Parking Administrative Penalty By-law; a notice which contains the decision of a Screening Officer, as set out in Section 5.7 of the Administrative Penalty By-law or Section 5.8 of the Parking Administrative Penalty By-law; --law No. 2024-002, as amended from time to time, or any successor thereof; to the Screening and Hearing Officer By-law, to perform the functions of a Screening Officer in accordance with the Screening and Hearing Officer By-law, the Administrative Penalty By-law and the Parking Administrative Penalty By-law; and compassionate grounds 3. SCOPE: This Policy applies to Screening Officers and Hearing Officers in the conduct of a Screening Review and a Hearing Review, respectively, pursuant to the Administrative Penalty By-law or the Parking Administrative Penalty By-law. POLICY APPLIES TO THE FOLLOWING: All Employees All Full-Time Employees All Union Management C.U.P.E. 68 Civic Non Union C.U.P.E. 68 Mechanics Temporary C.U.P.E. 791 Student I.B.E.W. 636 Part-Time Employees K.P.F.F.A. Specified Positions only: Other: Council Local Boards & Advisory Committees 4. POLICY CONTENT: 1.1 Process 3 of 5 Policy No: Policy Title: In accordance with the Administrative Penalty By-law or the Parking Administrative Penalty By-law, a Screening Officer or Hearing Officer: (a) May cancel, reduce or extend the time for payment of an Administrative Penalty and/or any Administrative Fee, where the Screening Officer or Hearing Officer is satisfied, on a balance of probabilities, that the cancellation, reduction or extension of time for payment is necessary to reduce Undue Hardship; and (b) Will consider and satisfy themselves at the Screening Review or Hearing Review as to the authenticity/credibility of any oral or documentary evidence provided, in respect of Undue Hardship, and will include an assessment of such evidence in their decision. 1.2 Documentation to support Financial Hardship A Person who wishes to seek relief pursuant to the Administrative Penalty By-law or the Parking Administrative Penalty By-law on the basis of Financial Hardship should bring documentation to support their claim to the Screening Review or Hearing Review. Examples of documents that may be considered in relation to Financial Hardship include, but are not limited to: (a) Old Age Security; (b) Canada Pension; (c) Guaranteed Income Supplement; (d) Disability Pension; (e) Ontario Student Assistance Program; or (f) Any other form of social assistance A Screening Officer or Hearing Officer may also consider the oral evidence provided by the Person in relation to Financial Hardship. 1.3 Records Retention All information and documentation provided in support of financial hardship shall be treated in a confidential manner, in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Photocopies of the documentation may be required and attached to the Screening Decision and/or Hearing Decision record and will be retained according to the City Records Retention By-Law. COMPLIANCE In cases of Policy violation, the City may investigate and determine appropriate corrective action in accordance. 5. HISTORY OF POLICY CHANGES 4 of 5 Policy No: Policy Title: Administrative Updates n/a Formal Amendments n/a 5 of 5