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HomeMy WebLinkAbout2012-10-15 Workshop Meeting Agenda and Reports.pdf District of Maple Ridge 1. ADOPTION OF THE AGENDA 2. MINUTES –October 1, 2012 3. PRESENTATIONS AT THE REQUEST OF COUNCIL 3.1 4. UNFINISHED AND NEW BUSINESS 4.1 Regional Context Statement Amendment Process Staff report dated October 15, 2012 recommending that the process outlined in the report titled “Regional Context Statement Amendment Process” be endorsed. COUNCIL WORKSHOP AGENDA October 15, 2012 9:00 a.m. Blaney Room, 1st Floor, Municipal Hall The purpose of the Council Workshop is to review and discuss policies and other items of interest to Council. Although resolutions may be passed at this meeting, the intent is to make a consensus decision to send an item to Council for debate and vote or refer the item back to staff for more information or clarification. REMINDERS October 15, 2012 Closed Council following Workshop Committee of the Whole Meeting 1:00 p.m. October 16, 2012 Public Hearing 7:00 p.m. Council Workshop October 15, 2012 Page 2 of 4 4.2 Draft Business Licencing and Regulation Bylaw No. 6815-2011 Staff report dated October 15, 2012 recommending that the report titled “Draft Business Licencing and Regulation Bylaw No. 6815-2011 be referred to a regular Council Meeting. 4.3 Animal Control Bylaw No. 6908-2012 Staff report dated October 15, 2012 recommending that Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 be referred to a regular Council meeting. 4.4 Proposed Amending Building Bylaw No. 6950-2012 Staff report dated October 15, 2012 recommending that the report titled “Proposed Amending Building Bylaw No. 6950-2012“ be referred to a regular Council Meeting. 4.5 Proposed Heritage Procedures Bylaw No. 6951-2012 and Development Application Fee Amendment Bylaw No. 6952-2012 Staff report dated October 15, 2012 recommending that Maple Ridge Heritage Procedures Bylaw No. 6951-2012 and Maple Ridge Development Application Fee Amendment Bylaw No. 6952-2012 be forwarded to a regular Council Meeting for consideration. 4.6 Community Services Update Verbal presentation by the General Manager of Community Development, Parks and Recreation Services 5. CORRESPONDENCE The following correspondence has been received and requires a response. Staff is seeking direction from Council on each item. Options that Council may consider include: a) Acknowledge receipt of correspondence and advise that no further action will be taken. b) Direct staff to prepare a report and recommendation regarding the subject matter. c) Forward the correspondence to a regular Council meeting for further discussion. d) Other. Once direction is given the appropriate response will be sent. 5.1 Council Workshop October 15, 2012 Page 3 of 4 6. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL 7. MATTERS DEEMED EXPEDIENT 8. ADJOURNMENT Checked by: ___________ Date: _________________ Council Workshop October 15, 2012 Page 4 of 4 Rules for Holding a Closed Meeting A part of a council meeting may be closed to the public if the subject matter being considered relates to one or more of the following: (a) personal information about an identifiable individual who holds or is being considered for a position as an officer, employee or agent of the municipality or another position appointed by the municipality; (b) personal information about an identifiable individual who is being considered for a municipal award or honour, or who has offered to provide a gift to the municipality on condition of anonymity; (c) labour relations or employee negotiations; (d) the security of property of the municipality; (e) the acquisition, disposition or expropriation of land or improvements, if the council considers that disclosure might reasonably be expected to harm the interests of the municipality; (f) law enforcement, if the council considers that disclosure might reasonably be expected to harm the conduct of an investigation under or enforcement of an enactment; (g) litigation or potential litigation affecting the municipality; (h) an administrative tribunal hearing or potential administrative tribunal hearing affecting the municipality, other than a hearing to be conducted by the council or a delegate of council (i) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; (j) information that is prohibited or information that if it were presented in a document would be prohibited from disclosure under section 21 of the Freedom of Information and Protection of Privacy Act; (k) negotiations and related discussions respecting the proposed provision of a municipal service that are at their preliminary stages and that, in the view of the council, could reasonably be expected to harm the interests of the municipality if they were held in public; (l) discussions with municipal officers and employees respecting municipal objectives, measures and progress reports for the purposes of preparing an annual report under section 98 [annual municipal report] (m) a matter that, under another enactment, is such that the public may be excluded from the meeting; (n) the consideration of whether a council meeting should be closed under a provision of this subsection of subsection (2) (o) the consideration of whether the authority under section 91 (other persons attending closed meetings) should be exercised in relation to a council meeting. (p) information relating to local government participation in provincial negotiations with First Nations, where an agreement provides that the information is to be kept confidential. District of Maple Ridge COUNCIL WORKSHOP October 1, 2012 The Minutes of the Municipal Council Workshop held on October 1, 2012 at 9:03 a.m. in the Blaney Room of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia for the purpose of transacting regular Municipal business. PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie K. Swift, General Manager of Community Development, Councillor J. Dueck Parks and Recreation Services Councillor A. Hogarth P. Gill, General Manager Corporate and Financial Services Councillor B. Masse F. Quinn, General Manager Public Works and Development Councillor M. Morden Services C. Marlo, Manager of Legislative Services ABSENT A. Gaunt, Confidential Secretary Councillor C. Bell Other Staff as Required L. Holitzki, Director of Licences, Permits and Bylaws Guest R. Stott, Environmental Planner John Kelly, Chair, S. Traviss, Senior Human Resources Officer Ad Hoc Fisheries Act D. Pope, Business Operations Manager Task Force C. Nolan, Manager of Accounting C.K. Lee, Accountant III Note: These Minutes are posted on the Municipal Web Site at www.mapleridge.ca 1. ADOPTION OF THE AGENDA The agenda was adopted as circulated with the following amendments; The deferral of Item 4.4 Discussion of Union of British Columbia Municipalities (UBCM) Conference to the October 9, 2012 Council Meeting; and The addition of Item 4.8 Proposed Cell Tower in the Industrial Area Council Workshop Minutes October 1, 2012 Page 2 of 5 2. MINUTES R/2012-435 Minutes It was moved and seconded September 10, 2012 That the minutes of the Council Workshop Meeting of September 10, 2012 be amended on Page 3, Item 4.5 second paragraph to add the text “and that Mr. Adams be invited to attend as a representative of ARMS” following the text “It was the consensus of Council that the original composition of the task force be maintained”; and That the minutes of the Council Workshop Meeting of September 10, 2012 be adopted as amended. CARRIED 3. PRESENTATIONS AT THE REQUEST OF COUNCIL – Nil 4. UNFINISHED AND NEW BUSINESS 4.1 Bill C38 and Recommendations for the District of Maple Ridge Discussion of report from the Ad Hoc Task Force – Federal Fisheries Act with recommended comments and feedback to be provided to the federal government on changes to the Federal Fisheries Act. The Chief Administrative Officer introduced the topic. Mr. John Kelly, Chair of the Ad Hoc Fisheries Act Task Force reviewed the report. He thanked Council on behalf of the ad hoc group for having the foresight to identify the issues and engage the community. R/2012-436 Ad Hoc Task Force Federal Fisheries It was moved and seconded Act Report That the report from the Ad Hoc Task Force – Federal Fisheries Act be forwarded to the October 9, 2012 Council Meeting. CARRIED Council Workshop Minutes October 1, 2012 Page 3 of 5 4.2 Customer Service Initiatives Presentation by S. Traviss, Senior Human Resources Officer and D. Pope, Business Operations Manager The Senior Human Resources Officer gave a PowerPoint presentation outlining the District’s exceptional customer experience initiatives. The Business Operations Manager spoke to the focus of the initiatives and the groups selected to participate in the initiatives. She outlined customer service initiatives developed by WestJet and Coast Capital. The General Manager of Public Works and Development Services spoke to the work done in the area of customer service through Lewco Consulting. He outlined the process used to formulate draft customer service standards and how these are being implemented. He advised on what is being done to continually improve customer service at the District and referred to bylaws being worked on which will also improve customer service. 4.3 Council Matrix Update Staff report dated October 1, 2012 recommending that the Council Matrix be adopted. The Chief Administrative Officer reviewed the report. Note: Councillor Ashlie left the meeting at 11:10 a.m. R/2012-437 Council Matrix Update It was moved and seconded That the Council Matrix attached as Appendix I to the staff report dated October 1, 2012 be forwarded to the October 9, 2012 Council Meeting. CARRIED Note: Councillor Ashlie returned to the meeting at 11:12 a.m. Council Workshop Minutes October 1, 2012 Page 4 of 5 4.4 Discussion of Union of British Columbia Municipalities (UBCM) Conference Update from Mayor and Council members attending the 2012 UBCM Conference Deferred to the October 9, 2012 Council Meeting 4.5 Financial Update Staff report dated October 1, 2012 providing an update on financial activity to the end of August, 2012 The Manager of Accounting provided a PowerPoint presentation which highlighted the General Revenue Fund, Capital Program and the Sewer Utility and Water Utility budgets. Note: The meeting was recessed at 11:30 a.m. and reconvened at 3:30 p.m. Councillor Dueck was not in attendance when the meeting reconvened. 4.6 Federation of Canadian Municipalities (“FCM”) Target 2014 Campaign Staff report dated October 1, 2012 recommending that the FCM’s Target 2014 campaign in support of the Government of Canada long term infrastructure strategy be endorsed and that the new plan is fully in place before existing programs expire in 2014. R/2012-438 FCM Target 2014 Campaign It was moved and seconded That the staff report dated October 1, 2012 titled “Federal of Canadian Municipalities (“FCM”) Target 2014 Campaign” be forwarded to the October 9, 2012 Council Meeting. CARRIED 4.7 Parks, Recreation and Culture Master Plan Update Staff report dated October 1, 2012 providing information on the implementation of the Maple Ridge and Pitt Meadows Parks, Recreation and Culture Master Plan. The Parks, Recreation and Culture Master Plan Update will be rescheduled. Council Workshop Minutes October 1, 2012 Page 5 of 5 4.8 Proposed Cell Tower in the Industrial Area Councillor Morden referred to a recent application for a cell phone tower and asked that staff meet with the applicant and request that the application be held in abeyance until a policy on cell towers is discussed by Council. R/2012-439 Proposed Cell Tower It was moved and seconded That staff be directed to send a letter to Scott Telecom Services, the proponent of a cell tower application at 20030 Stewart Crescent, requesting that the application be held in abeyance until a review of the District’s policy on cell towers. CARRIED 5. CORRESPONDENCE – Nil 6. BRIEFING ON OTHER ITEMS OF INTEREST/QUESTIONS FROM COUNCIL – Nil 7. MATTERS DEEMED EXPEDIENT – Nil 8. ADJOURNMENT – 3:49 p.m. _______________________________ E. Daykin, Mayor Certified Correct ___________________________________ C. Marlo, Corporate Officer District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: October 15, 2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Regional Context Statement Amendment Process EXECUTIVE SUMMARY: On July 29, 2011, the Greater Vancouver Regional District Board approved the new Regional Growth Strategy Metro Vancouver 2040, Shaping Our Future. The Strategy centres on the following five goals: 1. Create a Compact Urban Area 2. Support a Sustainable Economy 3. Protect the Environment and Respond to Climate Change Impacts 4. Develop Complete Communities 5. Support Sustainable Transportation Choices The policies contained within each of these five goal areas are organized around the roles for the Region, local municipalities and other governments and agencies to successfully implement the Plan. Each municipality in the Metro Vancouver Region is required to submit a revised Regional Context Statement, which identifies how their Official Community Plan aligns with the policy directions of the Regional Growth Strategy before July 29, 2013. The two-year time requirement is established in Part 25, Sec. 866 of the Local Government Act. It is anticipated that the District’s Official Community Plan will generally align with the policies of the new RGS. Currently there are a number of significant studies underway, such as the Commercial and Industrial Strategy, that are anticipated to have OCP policy implications and that need to be in conformance with the RGS. The preparation of the new RCS is outlined on Attachment 2 and detailed in this report. It is expected that there is ample time to prepare the RCS, including updates to Council, preliminary review by Metro Vancouver staff and a community consultation program, in advance of the July 2013 deadline. RECOMMENDATION: That the process outlined in the report titled “Regional Context Statement Amendment Process” dated October 15, 2012, be endorsed. 4.1 DISCUSSION: a) Background Context: The Metro Vancouver Regional Growth Strategy was adopted by the Greater Vancouver Regional District Board on July 29, 2011. The Regional Growth Strategy (RGS) establishes five (5) policy goal areas that are aimed at integrating local land use plans, transportation services and infrastructure across the Region. Each of the 5 goals includes a number of policies that outline the various responsibilities for the Region, local municipality and other governments and agencies necessary to successfully implement the Plan. In order for the District of Maple Ridge to meet our requirements under the RGS, a Regional Context Statement (RCS) must be prepared that outlines how the District’s Official Community Plan aligns with the RGS and if there are policy areas not currently in conformance with the RGS, how these policies will be brought into alignment with the RGS over time. Maple Ridge is required to submit a revised RCS to the Board of Metro Vancouver before July 29, 2013. The District’s current Regional Context Statement forms part of the Official Community Plan Bylaw No. 6425 – 2006 approved by Council on November 14, 2006. A copy of the current Regional Context Statement is included in this report as Appendix A. Legislative Requirements The Local Government Act outlines the requirements for Regional Growth Strategies and a municipality’s requirement to include a Regional Context Statement in their Official Community Plan (Part 25, Sec. 866). Amendments to an existing Regional Context Statement are required within two (2) years of a regional board adopting a new regional growth strategy. Acceptance of the RCS is by Resolution of the Metro Board based on a 50% + 1 weighted average of the Board. If the Board does not respond to the District within 120 of receiving the proposed RCS, it is deemed to have been accepted by the Board as outlined in Sec 866 (5) of the Local Government Act. Preparing a new or amendments to an existing Regional Context Statement is an amendment to the Official Community Plan and as such, must follow the requirements outlined in Part 26, Sec. 879 respecting consultation during the development [or amendment] of an official community plan. b) Process Metro Vancouver has outlined a process for review and acceptance of a Regional Context Statement that includes an initial Metro Vancouver staff review process prior to the formal submission of the RCS for acceptance by the Regional Board. The attached Maple Ridge Regional Context Statement Amendment Process diagram (Appendix B) incorporates Metro’s desire for early review as well as a number of updates with Council on the progress of the RCS and a community consultation element. A brief summary of the process is as follows: • Review OCP for alignment with RGS, including studies currently underway • Provide Metro Vancouver staff with a preliminary/draft version for information and comments • Council update • First Reading of OCP amending bylaw • Referral of RCS to Metro Vancouver staff for formal review • Community Consultation • Update Council on input from Metro Vancouver staff and results of consultation program • Second Reading of OCP amending bylaw • Public Hearing • Third Reading of OCP amending bylaw and formal referral to Metro Vancouver Board for acceptance • Receive notice of acceptance from Metro Vancouver Board • Final Adoption of OCP amending bylaw. It is anticipated that the District’s OCP generally aligns with the Regional Growth Strategy. There are a number of studies underway that will also need to conform to the RGS, including: • Commercial & Industrial Strategy; • North Albion Area Plan revisions; and • Housing Action Plan. If the plans and/or policies do not conform to the RGS, two options exist for Council’s consideration: 1. Amend the plans and/or policies; or 2. Apply to Metro Vancouver for a Regional Growth Strategy amendment. As previously identified, the District is required to submit a revised RCS to the Greater Vancouver Regional District Board for acceptance prior to July 29, 2013. The process outlined above can achieve that deadline while providing a number of opportunities for Council discussion and revisions to the draft RCS if necessary. The process also meets the District’s requirements for consultation during the development or amendment of an Official Community Plan as outlined in Part 26, Sec. 879 of the Local Government Act. c) Citizen/Customer Implications: The amendments to the Regional Context Statement are a requirement of the recently adopted Metro Vancouver Regional Growth Strategy 2040. As such, the amendments constitute an amendment to the Official Community Plan which must include consultation as outlined in Part 26, Section 879 of the Local Government Act. Community consultation is anticipated to occur in March 2013. d) Interdepartmental Implications: The Planning Department will seek the input of other departments as necessary in the preparation of the Regional Context Statement. Departments that may be asked to participate include, but are not limited to Engineering, Licences, Permits and Bylaws, Building, Parks and Leisure Services and Sustainability and Corporate Planning. e) Business Plan/Financial Implications: Initiating the update of the Regional Context Statement is part of the Planning Department’s 2012 Business Plan. The process must be complete within the second quarter of 2013 in order to submit the amended RCS to the Metro Vancouver Regional Board prior to July 29, 2013 as required. f) Policy Implications: Part 25, Section 866 of the Local Government Act requires that municipalities include regional context statements in their Official Community Plan and identify the relationship between the OCP and RGS and how the OCP will be made consistent with the RGS over time. CONCLUSIONS: The District is required to include a Regional Context Statement in our Official Community Plan identifying how the policies within the OCP align with those of the Regional Growth Strategy. The RCS must also identify how the District will address any policy areas that are not currently reflected in the OCP, as required by Part 25, Sec. 866 of the Local Government Act. The process outlined in the report and on the attached Maple Ridge Regional Context Statement Amendment Process diagram provides a number of opportunities for review and discussion of the draft RCS with Council, community consultation for the Official Community Plan amendment bylaw and early review and discussions with Metro Vancouver staff. In order to meet our obligations under the Local Government Act, the District must submit a proposed Regional Context Statement to the Metro Vancouver Board before July 29, 2013 for their acceptance. Once the Regional Board has accepted the RCS, by Resolution, Council will then be in a position to give Final Approval to the OCP amending bylaw. “Original signed by Jim Charlebois” ________ Prepared by: Jim Charlebois, MURP, MCIP, RPP Manager of Community Planning “Original signed by Chuck Goddard” for _____________ Approved by: Christine Carter, M.PL, MCIP, RPP Director of Planning “Original signed by Frank Quinn”_____________________ Approved by: Frank Quinn, MBA, P.Eng GM Public Works & Development Services “Original signed by J.L. (Jim) Rule_____________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A: OCP Chapter 1, Section 1.4 Regional Context Statement Appendix B: Maple Ridge Regional Context Statement Amendment Process diagram Maple Ridge Official Community Plan Chapter 1, Page 12 Bylaw No 6425 - 2006 The GVRD Livable Region Strategic Plan was approved by the GVRD Board of Directors on January 26, 1996 and deemed to be a regional growth strategy by the Minister of Municipal Affairs on February 10, 1996. The LRSP is a regional vision for growth, transportation, and environmental protection to guide growth and development in the GVRD. According to Part 25 of the Local Government Act, an Official Community Plan must include a Regional Context Statement that is accepted in accordance with Section 866 of the Local Government Act by the GVRD. The Regional Context Statement is to identify the relationship between the OCP and the matters noted in the Livable Region Strategic Plan, and if applicable, how the OCP is to be made consistent with the Livable Region Strategic Plan over time. Relationship between the Official Community Plan and the Livable Region Strategic Plan Protect the Green Zone a) The Green Zone areas in Maple Ridge are identified on Figure 7 of the OCP and include: • Areas designated on Map Schedule “B” as Agriculture and Forest. These areas include: lands within the Agricultural Land Reserve, the Blue Mountain Provincial Forest, and the Malcolm Knapp Research Forest; • The following parks are also included in the Green Zone: Kanaka Creek Regional Park, Golden Ears Provincial Park, Whonnock Lake Park and Maple Ridge Park; and • Watercourses identified on the Natural Features Schedule C. b) The OCP recognizes and protects our Green Zone areas by: • identification of an Urban Area Boundary and managing growth within that Boundary (Map Schedule B and policies 2-2 through 2-4, 2-6 and 6-29); 1.4 Regional Context Statement Maple Ridge Official Community Plan Chapter 1, Page 13 Bylaw No. 6425-2006 • the protection of natural resources by land use designations such as Conservation, Parks, Forest and Agriculture, and public policies such as the Natural Features and Watercourse Protection Development Permit Areas, and Natural Features policies. (Section 8.9 and 8.10, and policies 5-1 and 5-43); • endorsement of the Maple Ridge/Pitt Meadows Sector Plan for the Regional Greenways System, 2005 (Policy 4-9); • promoting the viability of agriculture through an Agricultural land use designation and public policy (Policies 6-5 through 6-14); • promoting the development of a regional parks system through land use designations and public policy (Schedule B, and Natural Features Schedule C, and Policies 5-4, 5-7, 5-14, and 5-29); • Incorporating a parks concept and framework for the District as established in the Maple Ridge Parks, Recreation and Cultural Master Plan (Policy 4-8); and c) The Municipality and the Regional District will work towards consistency between the OCP and the LRSP over time based upon refinements to the Green Zone. Refinements will arise due to: • resolve inconsistencies in the LRSP Green Zone map and Schedule “B” and “C” of the OCP; • research and identification of environmentally sensitive lands and FREMP area designations (Policy5-7); • ongoing refinement to the major highway network which includes Abernethy Way (Policy 7-9 and Figure 4 Major Corridor Network Plan), while minimizing impacts to the Green Zone, consistent with Green Zone policy; • refinements to watercourse mapping and Conservation designations based on ground-truthing, noting that the location of a watercourse may not be accurate, and that some watercourses identified for protection, may not warrant protection based on detailed analysis. (Natural Features Schedule C and Schedule B); and • the designation of new Forest, Conservation and Park lands (Schedule B) d) In order to improve the jobs to housing ratio in the community and to remain a vigorous partner in the regional economy, Maple Ridge will collaborate with the GVRD and the Agricultural Land Commission to develop a comprehensive strategy to further community objectives. Maple Ridge Official Community Plan Chapter 1, Page 14 Bylaw No 6425 - 2006 The strategy will include the completion of an agricultural plan that will inform decisions regarding the Urban Area Boundary, and a commercial and industrial lands strategy. (Policies 11-1 and 11-2). Should the conclusion of these strategies determine that lands most suitable for employment generation are located within the LRSP Green Zone, Maple Ridge will amend its Official Community Plan to provide for employment development on such lands. At the same time Maple Ridge will explore opportunities for additions to the Green Zone. Build Complete Communities a) Maple Ridge supports the development of complete communities in the Municipality by: • improving opportunities for residents to live and work in the same community, by ensuring adequate land is available for commercial and industrial pursuits, encouraging home-based businesses, and other employment generating uses, and by increasing housing density within and adjacent to community commercial cores (Policies 6-23, 6-36, 3-20, 3-21, 3-18(2&3), Section 6.5); • enhanced opportunities for social and cultural interaction, by encouraging through policy, the provision of amenities, services and recreational opportunities closer to residents, and in ensuring compact community commercial cores are centrally located (Sections 6.3.3, 6.3.5 and 4.1.4 and policies 3-4 and 3-5); • protection of culturally significant sites and heritage values (Chapter 4.3); • pursuing community health, safety, engagement and diversity (Policies 3-17 through 3-20, Chapter 4.1 and Development Permit Areas); and • improving a variety of housing opportunities for residents through land use designations and policy (Policy 3.1.3 and Section 3.2). b) Maple Ridge supports the development of a network of mixed use urban activity centres by: • encouraging the Town centre to be the central focus of activity for the business, cultural, and entertainment sectors, the central public transit hub with inter-regional connections by bus and train, and the focus for the majority of the higher density residential areas of the Municipality (Sections 6.3.3, and Policies 3-18(3), 3-22, 3-23, 7-11, and 7-19); Maple Ridge Official Community Plan Chapter 1, Page 15 Bylaw No. 6425-2006 • encouraging the concentration of activities in a hierarchy of lower order commercial centres based upon the needs of the surrounding population to promote compactness, community identity, local public transit service, and commercial activity (Policies 6-23, 6-32, 6-33, 6-37, 6-41 and 6-45); • encouraging investment in the growth of agricultural, commercial and industrial centres, and other employment generating uses (Chapter 6); • by promoting a pedestrian friendly, mixed use Town centre area surrounded by high density, and other infill occurring subject to compatibility (Policies 3-22, 3-23 and Sections 6.3.3 and 6.3.5) • encouraging, through land use designations and policies, infill housing and concentrated growth within the Urban Area Boundary (Policies 2-3 through 2-5, 3-1, 3-18 through 3-22). Achieve a Compact Metropolitan Region The Livable Region Strategic Plan seeks to encourage a better balance in jobs and labour force throughout the region including Maple Ridge. The purpose is to minimize urban sprawl in the region, maximize the impact of investments in social and physical infrastructure, and reduce commuting. a) The Official Community Plan recognizes and encourages greater emphasis on economic development to promote local job creation and investment. (Sections 6.1, 6.2.1, 6.3.1 and 6.4.1). b) The population for the District of Maple Ridge is projected to be 108,900 in 2031. By managing growth within the Urban Area Boundary, and concentrating and providing for residential growth in the Town centre, Community Commercial Nodes, in areas with area plans, and through compatible infill, the housing capacity can be accommodated until sometime after 2021. (Sections 1.2.1 to 1.2.3) c) The Official Community Plan supports the on-going development and redevelopment of the Town centre (Policies 3-22 through 3-23 and 6-21 through 6-29). d) The Municipality will work towards consistency between the OCP and the LRSP over time and will: Maple Ridge Official Community Plan Chapter 1, Page 16 Bylaw No 6425 - 2006 • undertake an on-going review of the economic development strategy to improve the jobs to housing ratio in the community (Policies 6-1 and 6-7); • increase employment capacity within the District (Chapter 6); • support the equitable distribution of jobs and will request Regional and Provincial participation in the implementation of our economic development strategy (Policy 6-4); • collaborate with the GVRD and the Agricultural Land Commission to develop a comprehensive strategy to further community objectives, including the completion of an agricultural plan that will inform decisions regarding the Urban Area Boundary and commercial and industrial lands strategy. (Policies 11-1 and 11-2); • develop employment and population targets for the Town centre and District over time (Policy 6-1); • retain Thornhill as a long term Urban Reserve area, with the timing for expansion dependent upon the population exceeding 100,000 and residential capacity approaching build-out. The policies further identify the conditions that need to be achieved prior to development, including approvals from GVRD for any necessary amendments to the regional context statement and for extension of the Fraser Sewerage Area, and the requirement to prepare an area plan, adopted by Council that includes, but is not limited to: o policies regarding the types of residential land use patterns, maximum density requirements and appropriate phasing for the area; o a fiscal impact assessment; o transportation plan; o identification of environmentally sensitive areas and potential development impacts; and o requiring agricultural impact assessment and groundwater impact study to minimize the impact of development on adjacent farm lands and aquifer. (Policies 3-24 through 3-28); and • Natural Features policies to protect land and water resources and air quality, implement an environmental management model, and prepare for climate change are also applicable to the Thornhill Urban Reserve area. (Sections 5.1 through 5.6). Increase Transportation Choice Maple Ridge Official Community Plan Chapter 1, Page 17 Bylaw No. 6425-2006 a) Maple Ridge supports improving transportation choice through: • encouraging improved urban design to provide for alternative transportation modes (Policies 7-17, 7-30 and 7-36 and Development Permit Area guidelines); • promoting bicycle use through implementing the Bicycle Network Plan (Policy 7-26); • promoting alternative transportation choices to the automobile (Policies 7-4, 7-10, 7-11, Section 7.3, 7.4, 7.5 and 7.6); • helping to alter travel behaviour by encouraging home- based business, priority treatment for transit in inter- regional movements, and promoting vehicle trip reduction (Section 6.5.2, Section 7.3, Policies 7-4 and 7- 11); • supporting the development of large format retail stores in the Town centre and along major road corridors in designated commercial areas. (Section 6.5.3); and • supporting the Development and maintenance of a Provincial, Regional and Municipal Road network in accordance with Figure 4, Major Road Corridor. (Section 7.2) b) Maple Ridge will contribute to a transit-oriented and automobile-restrained transportation system for the region by encouraging transit-oriented development through public policy and infill development (Section 7.3, and Development Permit Area guidelines) . c) Maple Ridge supports the movement of freight and goods throughout the District through public policy by: • supporting the development of the Districts Long Term Road Network, as identified on Figure 4 of the Official Community Plan and working in cooperation with all levels of government to advance improvements to the transportation system. (Policies 7-6 to 7-8); • Encouraging the development of a safe, integrated and multimodal system based on long term interests, including the economy. (Policy 7-1); • Developing transportation strategies to address east- west mobility issues and network improvements to improve mobility. (Policies 7-1 and 7-9); and • Locating commercial and industrial developments in appropriate areas. (Policy 7-11). Maple Ridge Official Community Plan Chapter 1, Page 18 Bylaw No 6425 - 2006 • Encouraging the use of the Fraser River for transportation purposes, and the transshipment of industrial goods and raw materials. (Policy 7-13). d) The Municipality will work towards consistency between the OCP and the LRSP over time and will: • seek Provincial and Regional support to improve the provision of public transit between Maple Ridge and other communities, and increasing the capacity and frequency of the West Coast Express (Policies 7-3, 7-22, 7-23 and 7-24); • Maple Ridge has placed a priority on major inter- regional transportation links which include: i. the Golden Ears Bridge crossing; ii. enhancement of inter-regional bus connections; iii. Obtaining more frequent (off-peak and reverse peak) West Coast Express train service to and from Maple Ridge; and iv. Development of a continuous high occupancy vehicle and bus lane network to the east and west along Lougheed Highway. (Policy 7-3) Implementation The District of Maple Ridge and the Greater Vancouver Regional District are committed to working in partnership together to achieve the shared goals of the LRSP and the OCP. Section 866(4) of the Local Government Act requires that amendments to the Regional Context Statement be submitted to the GVRD Board for acceptance. The District is pursuing a comprehensive strategy that amongst other things will include the identification of additional employment generating lands. Should suitable employment generating lands be identified within the LRSP Green Zone, Maple Ridge intends to revise its Regional Context Statement to enable such development. Should a disagreement arise, both Maple Ridge and the GVRD are committed to cooperative discussions to resolve dis- agreements in keeping with provisions of the Local Government Act. Maple Ridge Regional Context Statement Amendment Process IdenƟficaƟon of how the Official Community Plan aligns with the Goals of the Regional Growth Strategy IdenƟfy Plans or Strategies currently underway that will contribute to meeƟng the RGS Council Update Regional Context Statement & First Reading of OCP Amending Bylaw Forward to Metro Vancouver Planning staff for review Community ConsultaƟon Council Update on ConsultaƟon & Metro Vancouver sta ff comments OCP Amending Bylaw 2nd Reading Public Hearing Referral to Metro Vancouver Regional Board for Acceptance Final Approval 3rd Reading Preliminary discussions with Metro Vancouver Planning staff 3rd Reading deferred pending Council directed revisions to RCS October 15 2012 January—February 2013 February 2013 March 2013 April 2013 April—May 2013 May or June 2013 Page 1 of 5 District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: October 15, 2012 and Members of Council FROM: Chief Administrative Officer MEETING: Council Workshop SUBJECT: Draft Business Licencing and Regulation Bylaw No. 6815-2011 EXECUTIVE SUMMARY: The proposed Business Licencing and Regulation Bylaw replaces Business Licencing and Regulation Bylaw No. 6333-2005. This new bylaw is intended to update and simplify language making content easier to interpret educate and enforce. It includes specific clarity in the following sections:  an increase in the Part 5 definitions section;  changes in 6.1 licence requirements;  additional guidelines for 6.12 Suspension and Cancellation of a Licence;  an amendment under 6.3.2 Licence Fees reflecting a new pro-rated date;  additional regulations throughout Part 7 Specific Regulations including the new prohibition on Shark Fin products;  additional business categories along with assigned fees and increased fees for existing businesses in Schedule A;  regulations pertaining to Prenatal Alcohol Exposure in Schedule B as requested by our Social Planning department; and Over the past year a number of municipalities have been working towards an Inter-Municipal Business Licence program. The results of that work are detailed in this Report. This report recommends moving forward with the adoption of the new Business Licence Bylaw. In addition this report recommends the preparation of an Inter-Municipal Business Licence Agreement Utilization Bylaw. Once the Inter-Municipal Bylaws are adopted by all the participating municipalities a further amendment to the Business Licencing Bylaw will be required. This is anticipated for the end of 2012 or early 2013. RECOMMENDATION(S): 1. THAT Maple Ridge Business Licencing Bylaw No.6815-2011 be referred to a regular Council meeting. 2. THAT staff be directed to place an advertisement in the local newspaper advising anyone affected by the proposed Business Licencing and Regulation Bylaw No. 6815-2012 may provide comments to the District as per section 59(2) of the Community Charter. 3. Council direct staff to develop an Inter Municipal Business Licence Agreement Authorization Bylaw enabling the District to participate in a Pilot Program with the City of Abbotsford, City of Chilliwack, District of Hope, Township of Langley, City of Langley, City of Pitt Meadows, City of Surrey and the District of Mission. Page 2 of 5 DISCUSSION: a) Background Context: The existing Business Licencing Bylaw 6333-2005 lacks clarity for several occupations and phrases. The new bylaw will provide new definitions or further clarity for a number of definitions. Existing licensing requirements do not provide for an offence of ‘allowing a person to carry on, maintain or operate a Business without a valid and subsisting Licence.’ A proposed section 6.1.1 (b) will enable enforcement staff to also address not only the business owner but the property owner in event a business licence application is not forthcoming after all reasonable efforts have been exhausted. The suspension and cancellation of a licence under 6.12 is amended to add language giving the applicant ten (10) business days to challenge the refusal, suspension or cancellation by notifying the Corporate Officer. The subsequent section clearly outlines the Corporate Officer’s role to refer the matter to Council. This language is absent in the current Business Licensing Bylaw. Section 6.3.2 is amended to enact June 30th of the calendar year as the date for prorating licence fees. This is a change from July 31st of the calendar which is in effect. Staff is routinely challenged by customers who want to know why August 1st is the designated date for a 50% reduction in fees. Changing the date will reduce the instances of negative feedback from the public and resistance to the fee payment. Specific Regulations section, Part 7, is amended to add:  Body paint Studio and Modelling Studio regulations. This is added within the Body Rub Studio regulations;  Dog Daycare regulations specifying the hours of operation as 7 am to 7 pm from Monday to Saturday and limiting the number of dogs per site. There is a need to define to clearly define the difference between daycare and boarding. Dog Daycare is a commercial or agricultural use while Dog Boarding is an entirely agricultural use;  Farm Produce Retail size and placement restrictions for the retail structure;  Expanded Insurance regulations;  Licensed Premises and U-Brews regulations with reference to Prenatal Alcohol Exposure;  Mobile Cart regulations;  Expanded Social Escort regulations; and  Tobacco Sales regulations. Schedule B is a proposed section which replaces the Maple Ridge Fetal Alcohol Syndrome Warning Sign Bylaw No. 5228-1995. The Social Planning Committee has compiled information, logos, posters etc. and will proceed with a campaign to educate the public about the dangers of consuming alcohol during pregnancy. Inter-Municipal Licencing Staff has spent months working on a Task Force with eight other local governments in the Fraser Valley and the Ministry of Small Business, Ministry of Jobs, Tourism and innovation (the “Branch”) to establish an Inter-Municipal Licence (IML) program for our local contractors, Professional Architects and Engineers. The Fraser Valley Initiative involves the District of Maple Ridge, the City of Pitt Page 3 of 5 Meadows, the District of Mission, the Township of Langley, the City of Langley, the City of Surrey, the City of Abbotsford, the City of Chilliwack and the District of Hope. The Task Force spent considerable time discussing the types of businesses that could be permitted to take advantage of this program such as photographers, mobile hairdressers, caterers etc. however these types of businesses would be competing directly with businesses in our commercial areas who are paying commercial taxes and costs of setting up, particularly in our down town core which would give the non-resident businesses an unfair advantage. Furthermore, the inspection process such as police background checks and health department checks vary from municipality to municipality and we could not be certain that these businesses have undergone the same scrutiny that our local businesses have been required to comply with. Therefore, at this time, the Task Force is only considering contractors as those business types being eligible for Inter-municipal licencing. Each municipality will be required to adopt an Inter-Municipal Business Licence Agreement Authorization Bylaw. At the conclusion of this process when all municipalities have such a bylaw in place the District’s Business Licencing Bylaw will require an additional amendment to include specific language related to the Inter-Municipal Licence. The legislative authority to establish an inter-municipal business licence scheme is articulated in Section 14 of the Community Charter which reads as follows: Inter-municipal service, regulatory and other schemes: 14. (1) Two or more municipalities may, by bylaw adopted by the council of each participating municipality, establish an inter-municipal scheme in relation to one or more matters for which they have authority under this Act or the Local Government Act. (2) A bylaw under subsection (1) may do one or more of the following: a. provide that the bylaws of one or more of the participating municipalities in relation to the matters dealt with by the scheme apply in other participating municipalities; b. provide that the municipal powers, duties and functions of one or more of the participating municipalities may be exercised in relation to the scheme in another participating municipality; c. provide that the council of one or more of the participating municipalities may delegate under Division 6 (Delegation) of Part 5 (Municipal Government and Procedures) to council members, council committees, officers, employees and other bodies referred to in section 154 (1) (delegation of council authority) of another participating municipality; d. restrict a participating municipality from separately exercising its authority in relation to the matters dealt with by the scheme; establish the process by which a participating municipality may withdraw from the scheme. a. establish the process by which a participating municipality may withdraw from the scheme. (3) If an inter-municipal service scheme is established under this section, this section, rather than section 13 applies. The participating municipalities and the Branch (the “Task Force”) agreed that:  the Participating Municipalities to provide data on the businesses where an IML can be issued to the Branch;  the Branch to collect and analyze the data to develop the revenue modelling; Page 4 of 5  a principle goal of the program is to be revenue neutral;  the Branch to develop and provide ongoing support for an online portal of the Participating Municipalities;  IML business licenses to be issued by the municipalities in which they are physically located. The Task Force further determined that the IML program be enrolled as a one year pilot program starting January 2013. At the end of the pilot program, each municipality will determine if they wish to continue participating in the program on a permanent basis. The pilot program will work under the following guidelines: 1. Participating Municipalities retain authority over business licensing, and existing linkages between licence issuances and other municipal processes are maintained. 2. Mobile businesses must adhere to the bylaws of the municipalities in which they operate. 3. Participating Municipalities ensure that businesses obtain their IML from the municipality in which they are physically located. 4. The business located outside of the Participating Municipalities will continue to obtain a business license from each municipality where they conduct business. 5. The IML fee will be $250.00 in addition to the regular business license fee of the municipality. 6. The revenue generated under IML Fee ($250.00) will be shared based on the following formula: (*) based upon Non-Resident License Revenue 1. Each municipality will upload IML data into the online portal developed by the Branch. 2. The pilot program is scheduled to run from January 2013 to December 2013. Participating Municipality % share of IML Revenue (*) 1 Abbotsford 11.53% 2 Chilliwack 6.21% 3 Hope 0.87% 4 City of Langley 11.75% 5 Township of Langley 12.82% 6 Maple Ridge 11.81% 7 Mission 10.07% 8 Pitt Meadows 1.95% 9 Surrey 32.98% Total 100% Page 5 of 5 3. The Pilot is a dynamic system that will be reviewed regularly and may be altered at any time, upon agreement of all Participating Municipalities. The Pilot program for IML will only succeed if all nine Participating Municipalities agree to the Terms of pilot and participate in the Pilot program. It is also further understood by the Participating Municipalities that any municipality may withdraw from the Pilot at the end of the program. b) Desired Outcome(s): The bylaw is designed to provide simplicity and clarity for ease of interpretation, education and enforcement. The desired outcome of the proposed inter-municipal program is to provide contractors with a fairer playing field when working in the Fraser Valley area. Consultation: Staff consulted and received input from the Social Planning Department, the Strategic Economics Initiatives department and the Municipal Solicitor in the creation of this Bylaw. CONCLUSIONS: The Pilot program for the Inter-Municipal Business Licence is intended to enhance and enable growth in the region by reducing red tape while being as close to revenue neutral as possible for all Participating Municipalities. Once the Inter-Municipal Business Licence Agreement Authorization Bylaw has been developed, staff will present the Bylaw to authorizing Bylaw to Council for consideration and approval before the end of this calendar year. The proposed Business Licencing Bylaw will provide simple and clear language. It is in the public interest to have specific and transparent regulations to promote responsible business operation. Staff is reintroducing the draft for Council consideration so that Council can direct staff to make changes or conduct additional research. “Original signed by E.S. (Liz) Holitzki” __________________________________________ Approved by: E.S. (Liz) Holitzki Director: Licences, Permits and Bylaws “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng General Manager: Public Works and Development Services “Original signed by J.L (Jim) Rule” __________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Office LH/jd Appendix I – Draft Business Licencing and Regulation Bylaw No. 6815-2011 APPENDIX I District of Maple Ridge Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 Effective Date: DRAFT District of Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 Table of Contents Part 1 Citation ............................................................................................................ 2 Part 2 Severability ...................................................................................................... 2 Part 3 Previous Bylaw Repeal .................................................................................... 2 Part 4 General Provisions .......................................................................................... 2 Part 5 Definitions ....................................................................................................... 2 Part 6 General Licence Requirements ..................................................................... 13 6.1 Licence Requirements ................................................................................... 15 6.2 Licence Application………………………………………………………………………………..15 6.3 Licence Fees………………………………………………………………………………………….15 6.4 Variable Licence Fees…………………………………………………………………………….15 6.5 Licence Period……………………………………………………………………………………….15 6.6 Licence Renewal ............................................................................................ 15 6.7 Licence Changes............................................................................................ 15 6.8 Licence Posting .............................................................................................. 16 6.9 Licence Inspector’s Powers and Duties......................................................... 16 6.10 Refusal of a Licence ...................................................................................... 17 6.11 Terms and Conditions of a Licence ............................................................... 17 6.12 Suspension and Cancellation of a Licence ................................................... 17 6.13 Council Reconsideration ................................................................................ 18 Part 7 Specific Regulations ...................................................................................... 18 7.1 Adult Entertainment Store ............................................................................. 18 7.2 Adult Publications .......................................................................................... 19 7.3 Arcades, Cyber Centres and Billiard Halls ..................................................... 19 7.4 Automobile Wrecking and Salvage ................................................................ 20 7.5 Bed and Breakfast ......................................................................................... 21 7.6 Body Rub Studios, Body Painting Studios and Modelling Studios ................ 22 7.7 Casinos .......................................................................................................... 25 7.8 Commercial Parking Lots ............................................................................... 25 7.9 Dog Daycare .................................................................................................. 25 7.10 Exotic Performer ............................................................................................ 26 7.11 Farm Produce Retail ...................................................................................... 26 7.12 Farmers’ Market ............................................................................................ 27 7.13 Insurance ....................................................................................................... 28 7.14 Internet Access .............................................................................................. 29 7.15 Licensed Premises and U-Brews ................................................................... 29 7.16 Mobile Cart .................................................................................................... 30 7.17 Mobile Food Vendors ..................................................................................... 30 7.18 Mobile Ice Cream Vendors ............................................................................ 31 7.19 Non-Profit Agencies/Organizations ............................................................... 32 7.20 Peddlers/Canvassers .................................................................................... 32 7.21 Post Box Rental Agency ................................................................................. 33 7.22 Second Hand Dealer ...................................................................................... 33 7.23 Social Escorts ................................................................................................ 36 7.24 Solicitor for Charity/Fundraising ................................................................... 37 7.25 Temporary Commercial Vendor ..................................................................... 38 7.26 Tobacco Sales ................................................................................................ 38 7.27 Shark Fin Products ........................................................................................ 38 Part 8 Offence and Penalty ...................................................................................... 38 Schedule A – Licence Fees ............................................................................................41 Schedule B – Specifications for Warning Signs......................................................... ...57 Schedule C – Second Hand Dealer’s Report ................................................................59 Business Licencing and Regulation Bylaw No. 6815-2011 Business Licencing and Regulation Bylaw No. 6815-2011 1 District of Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 A Bylaw respecting the granting of licences and regulating of Business within the District of Maple Ridge. WHEREAS Council may, pursuant to the provisions contained in the Community Charter, regulate in relation to Business; AND WHEREAS in regulating under the Community Charter, Council may provide for a system of licences, permits or approvals; AND WHEREAS Council may, pursuant to the Community Charter, delegate its powers, duties and functions to an officer or employee of the District, which delegation may include the authority to suspend a Business Licence; AND WHEREAS Council considers it in the public interest to regulate and licence Businesses within the District; AND WHEREAS Council has given notice of its intention to adopt this Bylaw by placing advertisements in the local newspapers, and has provided an opportunity for persons who consider they are affected to make representations to Council; NOW, THEREFORE, Council of the District of Maple Ridge in open meeting assembled enacts as follows: Business Licencing and Regulation Bylaw No. 6815-2011 2 Part 1 Citation 1.1 Business Licencing and Regulation Bylaw No. 6815-2011. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Maple Ridge Fetal Alcohol Syndrome Warning Sign Bylaw No. 5228-1995, and 3.2 Business Licencing and Regulation Bylaw No. 6333-2005, and the following amendment bylaws are hereby repealed: Amendment Bylaw Effective Date Bylaw No. 6451-2006 November 28, 2006 Bylaw No. 6503-2007 December 18, 2007 Part 4 General Provisions 4.1 Unless otherwise defined herein, all words and phrases in this Bylaw shall have the meaning given to them in the Local Government Act and the Community Charter. 4.2 Headings for each section of this Bylaw are intended to organize the content and are to be used for reference purposes only. 4.3 Wherever the singular or masculine form of a word is used, it shall also mean the plural or feminine form of the word as the case may be. Part 5 Definitions 5.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: “Acupuncturist” means a person who pierces any part of a client’s body with needles as a means of treating disease or pain, and who holds a valid licence issued by the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia. Business Licencing and Regulation Bylaw No. 6815-2011 3 “Amusement Machine” means a machine on which mechanical, electrical, automatic, computerized, video, online or internet games are played for amusement or entertainment and for which a coin or token may be inserted or a fee charged for use. “Antique” means a work of art, piece of furniture, or decorative object made at an earlier period and according to various custom laws at least 100 years ago. “Arcade” means Premises where five (5) or more Amusement Machines are made available to members of the public for a fee. “Adult Entertainment Store” means Premises that, excluding contraceptive devices, offers for rent, use, viewing or sale an object, device, machine or any form of entertainment including an Adult Publication that is designed or intended to be used in a Sexual Act or which depicts a Sexual Act. “Adult Publication” means any book, pamphlet, magazine or printed matter however produced, which contains a visual image or representation of Nudity, Sadomasochistic Behaviour or a Sexual Act. “Applicant” means any person that applies for a Licence pursuant to this Bylaw. “Application” means a written request by an Applicant for the issuance of a Licence in the form attached to this Bylaw as Schedule “A” as amended from time to time. “Auction” means offering or putting up for sale real or personal property where the public is invited to make competitive bids for the items offered for sale, but does not include a Crown officer selling Crown property by auction or a sheriff’s officer or bailiff selling property under a judgment or in satisfaction of rents or taxes. “Automated Teller Machine” means a machine that permits a customer to access and use certain financial services customarily provided by a Financial Institution, and includes such a machine that is located in or affixed to any Premises, including the Premises in which a Financial Institution operates its principal Business if the machine can be accessed by customers outside the Financial Institution’s regular Business hours. “Automated Vending Machine” means any machine or device that: a) is operated by or requires for the operation thereof the insertion of a coin, token, currency of any kind, credit card or bank card, and b) sells or dispenses money, a service or goods, or provides music, recreation, or amusement of any kind whatsoever. Business Licencing and Regulation Bylaw No. 6815-2011 4 “Bed and Breakfast” means a Business of providing a maximum of three (3) bedrooms but no cooking facilities provided for tourists or persons who only briefly occupy a Dwelling Unit, where the room rate includes meals provided on the Premises and where the maximum length of occupancy at the Dwelling Unit by a patron is not more than thirty (30) consecutive days in any twelve (12) month period. “Bingo Hall” means a recreational facility used or intended to be used for the purpose of playing bingo, where a licence has been issued by the British Columbia Gaming Policy and Enforcement Branch to charitable or religious organizations as a Licensee, but excludes Casinos and casino halls. “Billiards” includes snooker, pool, bagatelle and other similar games. “Billiard Hall” means any Premises where three (3) or more billiard tables are made available to members of the public for a fee, but does not include Premises owned and operated by a Non-Profit Society or Premises with a Liquor Primary Licence. “Body Rub” means the act of manipulating, touching, or stimulating by any means a person’s body or part thereof, but does not include medical, therapeutic or cosmetic massage treatment given by a person duly licensed or registered under any statute of the Province of British Columbia governing such activities other than the Community Charter. “Body Rub Studio” means any Premises where a Body Rub is performed, offered or requested for a fee. “Body Painting Studio” means any Premises where, directly or indirectly, a fee is paid for any activity involving the application of paint, powder, or similar materials to the body by another person. “Business” means the carrying on of a commercial or industrial undertaking of any kind or nature or the providing of professional, personal, or other services for the purpose of gain or profit. “Buy” includes purchase, barter, deal in, take in exchange, take in part payment, or receive on consignment. “Carnival” means an itinerant exhibition, show or production temporarily located in the District, which offers to the public amusement rides, circus performances, games of skill or chance, or other similar entertainment. “Canvasser” means any person who canvasses or solicits Business within the District from cards or samples, or in any other manner whatsoever, takes orders for works or services or for the sale of any goods or any article or thing for immediate or future delivery, or for the purpose of promoting any Business. Business Licencing and Regulation Bylaw No. 6815-2011 5 “Caterer” means any person engaged in the preparing or serving of food or drink for consumption at Premises other than where that person carries on the Business, but excludes Mobile Food Vendors, Mobile Ice Cream Vendors, and Businesses that prepare food for take-out. “Casino” means any Premises licensed or permitted to operate as a gaming facility under the Gaming Control Act, but does not include bingo halls. “Cheque Cashing Centre” means any Premises where the Business of cashing cheques or negotiable instruments for a fee charged or chargeable to the payee of the cheque or the payee’s agent is carried on, but does not include a Financial Institution. “Chief Constable” means the officer in charge of the Maple Ridge Detachment of the Royal Canadian Mounted Police. “Commercial Kennel” means a kennel limited to the keeping, training, breeding, selling, or Dog Boarding for (a fee), and limited to the number of Dogs specified in the Licence but not to exceed a density of fifty (50) Dogs per site. “Commercial Parking Lot” means an area of land or any building or part thereof where the parking of motor vehicles is provided for a fee, and includes areas provided specifically for customers of a Business, or tenants of a building other than a building used exclusively for residential purposes. “Community Care” means a Business licensed or required to be licensed under the Community Care and Assisted Living Act. “Contractor” includes any person who undertakes to do or perform any construction, building, carpentry, plastering, lathing, shingling, or concrete work, or any other construction work or service for a fee, except where a Licence fee for other work or service is specifically imposed elsewhere in this Bylaw but shall not include a land developer. “Convenience Store” means a use devoted to the retail sale of groceries, perishable items, household items, domestic supplies, convenience goods, and related accessory uses. “Corporate Officer” means the Corporate Officer for the District. “Cyber Centre” means any Premises that have available for the use of its patrons for a fee, four (4) or more computer terminals or other electronic devices that provide or are capable of providing access to the internet or other computer network systems, but does not include a school, college, university or other educational institution or a public library. Business Licencing and Regulation Bylaw No. 6815-2011 6 “Daycare” means the provision of care of children in a home environment, licensed for this use in accordance with the Community Care and Assisted Living Act, and includes group childcare, family childcare, in-home multi-age childcare and pre-school as defined under the Child Care Licensing Regulation, and not to exceed a maximum of 8 children in care. “District” means the District of Maple Ridge. “Dog” means any animal of the canine species. “Dog Boarding” means to feed, house and care or a Dog for a fee but does not include Dog Daycare. “Dog Daycare” means to feed, house, care, and/or groom a Dog for a fee between the hours of 7:00 am and 7:00 pm with a maximum of twenty (20) Dogs per site, and may involve retail sales of Dog related items but excludes overnight Dog Boarding. “Driver’s Licence” means a valid driver’s licence issued pursuant to, or an equivalent licence recognized under, the Motor Vehicle Act of the Province of British Columbia. “Dwelling Unit” as defined in the District of Maple Ridge Zoning Bylaw as amended from time to time. “Electronic Gaming” means any activity or game of chance for money or other valuable consideration carried out or played on an electronic or mechanical device or machine, but excludes the purchase or sale of lottery tickets pursuant to a government lottery scheme. “Exotic Performer” means a person who, for a Business purpose, is in a state of Nudity or who removes a majority or all of that person’s clothing to be in a state of Nudity, but excludes a person depicted in a motion picture. “Farm Produce” means berries, fruits, vegetables, honey, eggs, fresh cut flowers, live fowl, live poultry, bedding plants, seeds, and trees commonly known as Christmas Trees sold only during the Christmas season, bulbs and similar products, live shrubs or trees grown or produced from seeds, seedlings or cuttings on the individual farm on which the sale is taking place; but excluding dressed fowl or poultry and butchered meat. “Farmers’ Market” means the carrying on of a Business that organizes a group of vendors to gather in a temporary, open-air market located outdoors for the purpose of selling to the public only goods described in section 7.12 of this Bylaw. Business Licencing and Regulation Bylaw No. 6815-2011 7 “Financial Institution” means a bank, credit union, trust company or other similar business that, among other things, accepts deposits, invests money, or lends money. “Fitness Centre” means any Premises that provide patrons the opportunity to perform physical activity for a fee and includes recreational clubs, fitness centres, hand ball courts, squash courts, health clubs, rock climbing facilities, batting cages, and gymnasiums. “Food Primary Licence” means a Food Primary Licence issued pursuant to the Liquor Control and Licensing Act. “Highway” as defined in the District of Maple Ridge Highway and Traffic Bylaw as amended from time to time. “Home Occupation” means a business accessory to the use of a dwelling unit or to the residential use of a lot occupied by a dwelling. “Junk” means any scrap, waste, discarded material, goods or debris whether or not stored for salvage, dismantling or recycling. “Licence” means a Business licence required pursuant to this Bylaw. “Licensee” means a person to whom a current Licence has been issued under this Bylaw. “Licence Inspector” means the Director of Licences, Permits and Bylaws or their designate. “Licensed Premises” means any Premises licensed under the provisions of the Liquor Control and Licensing Act and includes restaurants; “Liquor Primary Licence” means a liquor primary licence or liquor primary club licence issued pursuant to the Liquor Control and Licensing Act. “Loiter” means to delay an activity with idle stops and pauses or to remain in an area for no obvious or legal reason. “Manufacturing” means carrying on the Business of assembling, fabricating, processing, altering or finishing any goods. “Medical Health Officer” means a medical health officer designated under section 71 of the Public Health Act. “Mobile Cart” means any device designed to be moved by human power. “Mobile Food Vendor” means a person who sells or offers to sell food items from a Cart or Vehicle. Business Licencing and Regulation Bylaw No. 6815-2011 8 “Mobile Ice Cream Vendor” means a person who sells or offers to sell frozen novelty products such as ice cream bars, popsicles, or yogurt bars from a Cart or Vehicle located on a public Highway. “Modelling Studio” means Premises where, directly or indirectly, a fee is paid for the furnishing of persons as models who pose in a state of Nudity on the Premises for the purpose of being sketched, painted, drawn, sculptured, photographed, or otherwise depicted, but does not include a studio which functions as an educational institution authorized under legislation of the Province of British Columbia governing educational institutions, nor to a studio which functions to provide models who are sketched, painted, drawn, sculptured, photographed, or otherwise depicted and the depiction is produced for commercial purposes, or to a studio which is being operated for purely artistic purposes. “Non-Profit Society” means a registered charitable society that is: (a) incorporated and in good standing under the Society Act; and (b) registered as such under the Income Tax Act (Canada) and qualified to issue tax receipts to its donors. “Nudity” means the showing of the post-pubertal, human, male or female genitals or pubic area with less than a full, opaque covering. “Outdoor Recreation” means such activities as paintball, zip lining, horseback riding academies, go-carting, mountain biking, rock climbing and similar activities but does not include the private use of municipal parks or facilities without the express written permission of the Director of Parks and Open Spaces for the District. “Pawn” means the deposit of personal property as a pledge or collateral security for an assessed value. “Peddler” means a person who sells or offers for sale goods or food items by going from place to place or house to house, or by appointment and demonstration, whether such person is acting on that person’s own behalf or as an employee of another, but excludes a Solicitor for Charity. “Personal Services” means provision of specific services to the person including, but not limited to, barbering, hairdressing, beauty salons, nail salons, tattoo parlour, tailoring, shoemaking, dry cleaning and pet grooming, and excluding Adult Entertainment and Pawn shop use. “Pet Store” means a retail store where domesticated animals are offered for sale or sold to the public, but excludes an animal shelter. Business Licencing and Regulation Bylaw No. 6815-2011 9 “Picture Identification” means one or more of the following provided it has not expired and has a photograph of the bearer: (a) driver’s licence issued by a Canadian province or territory; (b) identity card issued by a Canadian province or territory; (c) passport; (d) Certificate of Indian Status issued by the Government of Canada; (e) Certificate of Canadian citizenship issued by the Government of Canada; or (f) Conditional Release Card issued by Correctional Services Canada. “Police Department” means the Royal Canadian Mounted Police with a detachment located in Maple Ridge, British Columbia. “Police Officer” means an officer of the Police Department. “Post Box” means a box or other receptacle used or intended to be used for the collection or storage of mail. “Post Box Rental Agency” means a Business that makes available for rent, lease, purchase, possession or use one or more Post Boxes to a person or to a Business that does not normally occupy the Premises where the Post Box or Post Boxes are located, but does not include Canada Post. "Premises" includes but is not limited to stores, offices, warehouses, factory buildings, houses, enclosures, and yards. “Prenatal Alcohol Exposure” means the consumption of any alcoholic substance (beer, wine, spirits) which has detrimental effects on the growing fetus, including implications for mental, learning, physical, and behavioural development. “Private School” means any Premises used for elementary, secondary, college, technical, language or other education or instruction generally offered to the public and which is not operated by School District No. 42 (Maple Ridge). "Professional" includes persons engaged in the Professional Business of offering any of the following services in accordance with a federal or provincial licence or standard including but not limited to: accountant, agrologist, architect, chiropractor, dentist, ecologist, engineer, financial consultant, forester, land surveyor, lawyer, naturopathic physician, notary public, optometrist, orthodontist, osteopath, pharmacist, physician, physiotherapist, Business Licencing and Regulation Bylaw No. 6815-2011 10 podiatrist, psychiatrist, psychologist, radiologist, registered psychiatric nurse, surgeon and undertaker. “Professional Dog Walker” means an individual whose Business or employment is walking Dogs owned by other persons. “Property Manager” means a person or a Business that rents or leases or offers for rent or lease a Dwelling Unit or Dwelling Units to other persons or Businesses. “Proprietor” means the person who ultimately controls, governs, or directs the activities carried on within the kinds of Premises referred to in this Bylaw and includes the person actually in charge thereof. “Public Market” means any Premises containing stalls, tables, spaces, divisions or compartments individually rented, occupied or operated for the purpose of displaying or selling goods to the public. “Realtor” means a person licensed or required to be licensed under the Real Estate Services Act. “Restaurant” means an establishment where food and beverages are sold to the public and where provision is made for consumption on or off the Premises. The establishment may be licensed as “Food Primary” under the Liquor Control and Licensing Act. “Retail Business” means a Business selling goods for final consumption, in contrast to a sale for further sale or processing, and includes accessory manufacturing or assembly of the goods for sale. “Sadomasochistic Behaviour” means scenes involving a person or persons, any of whom are in a state of Nudity, who are engaged in activities involving flagellation, torture, fettering, binding, or other physical restraint of any other person. “School Holiday” means any day which is a holiday, or any day or part thereof that is a non-instructional day for schools in Maple Ridge. “Scrap Dealer” means a person whose primary Business is the collection and delivery of scrap to a licensed salvage yard, recycling plant or recycling depot. “Scrap Metal Dealer” means a scrap metal dealer as defined in the District’s Scrap Metal Dealer Regulation Bylaw, as amended from time to time. “Second Hand Articles” means any used goods, including Junk, offered for sale or taken in Pawn including but not limited to the following: (a) used clothing, furniture, costume jewellery, footwear, and houseware items such as dishes, pots, pans, cooking utensils and cutlery; and Business Licencing and Regulation Bylaw No. 6815-2011 11 (b) used books, papers, magazines, vinyl records and long play records. “Second Hand Dealer” means a person carrying on the Business of buying, selling, taking in Pawn, procuring or offering for sale Second Hand Articles and includes the following persons, stores, or transactions: (a) a person who is licensed by the Province of British Columbia to deal in used motor vehicles; (b) a person who deals only in antiques; (c) a person who only purchases, sells or collects recyclable materials for the sole purpose of recycling. Recyclable materials shall include bottles, cans, plastics, glass, cardboard, paper or other recyclable materials but shall not include scrap metal that is not part of a can or food container; (d) a thrift store or charity store which receives Second Hand Articles by donation; (e) transactions involving Second Hand Articles purchased at a public auction where the seller’s name and address is recorded in the records of the auction house; (f) transactions involving Second Hand Articles purchased at a consignment store where the seller’s name and address is recorded in the records of the consignment store; and (g) transactions involving an exchange or trade of Second Hand Articles for another Second Hand Article where no money is given by the dealer to the person from whom the Second Hand Article was received. “Second Hand Dealer’s Report” means the report form attached hereto as Schedule “C” or a similar report form, including an electronic report accessible by or from a centralized electronic registry to which the Police Department has uninterrupted and unlimited access, provided such other report form has first been approved in writing by both the Police Department and the Licence Inspector. "Sexual Act" means a real or simulated act as defined in the Motion Picture Act Regulations. “Social Escort” means any person who, for a Business purpose, escorts or accompanies another person, but does not include a person providing assistance to another person because of that other person’s age, medical condition or disability. "Solicitor for Charity" means a person who engages in the Business of collecting or receiving money or goods, with or without the disposal or sale of Business Licencing and Regulation Bylaw No. 6815-2011 12 goods, and includes the sale of tickets for any form of entertainment or drawing or other disposition of any prize, where some or all of the money collected or the proceeds of the disposal or sale are, directly or indirectly, given to a Non-Profit Society. “Temporary” means thirty (30) consecutive days in a twelve (12) month period. “Temporary Commercial Vendor” means any person carrying on the Business of selling or offering for sale goods from a temporary location, kiosk or Vehicle on commercially zoned property. “Theatre” means Premises primarily used for the provision of live performances or for the projection or display of motion pictures to the public for a fee. “Tobacco” means tobacco and tobacco products in any form in which they may be consumed, by a consumer, and includes snuff and raw leaf tobacco. “Tobacco Product” means tobacco products and accessories as defined under the Tobacco Tax Act. “U-brew” means any Premises where supplies, prepackaged ingredients or equipment are sold which contributes towards the making of wine, beer or other alcoholic beverages. “Unit” means any structure or building that is zoned and or used for residential, industrial or commercial purposes. “Vehicle” as defined in the “Motor Vehicle Act”. “Warehouse” means Premises used for keeping or storing goods, to which the general public does not have access, and which may include facilities for distribution of Commercial or Industrial goods. "Wholesale Dealer" means any person who carries on the Business of selling any goods to Retail Businesses, to other Wholesale Dealers, or to Contractors or manufacturers for use in their Businesses, but excludes an owner of a warehouse that does not employ a representative, other than the warehouse owner or operator, to solicit orders for, to handle or to distribute goods. Business Licencing and Regulation Bylaw No. 6815-2011 13 Part 6 General Licence Requirements 6.1 Licence Requirements 6.1.1 Except as otherwise provided in this Bylaw: (a) no person shall carry on, maintain, own or operate a Business in the District without holding a valid and subsisting Licence; and (b) no person shall suffer, permit or allow a person to carry on, maintain or operate a Business without a valid and subsisting Licence. 6.1.2 A Licence is not required for: (a) a Property Manager that rents or leases or offers to rent or lease no more than one Unit in the District; or (b) The Royal Canadian Legion Branch or the Army Navy & Air Force Veterans in Canada Branch with respect to a licence they may hold under the Liquor Control & Licensing Act as amended from time to time or an establishment it may operate with respect to the licence, as Council considered the Royal Canadian Legion Branch and the Army Navy & Air Force Veterans in Canada to be non-profit, charitable institutions and organizations contributing to the general interest and advantage of the District. 6.1.3 Every person who operates a Business from more than one Premise in the District shall apply for and maintain a separate Licence in respect of each Premise pursuant to section 6.1.1. 6.1.4 Every person who operates more than one Business at one Premise shall apply for and maintain a separate Licence in respect of each Business. 6.1.5 Any person operating or carrying on a Business that is regulated, controlled, permitted, or licensed by any other Bylaw or Provincial of Federal enactment shall obtain the necessary approvals from the appropriate authority prior to applying for a Licence. 6.1.6 A Licence is not to be deemed to be a representation by the District to the Licensee that the Business or proposed Business complies with any or all applicable Bylaws or other enactments. 6.1.7 The holder of a valid and subsisting Home Occupation Licence is permitted to hold a commercial display on commercial property, Business Licencing and Regulation Bylaw No. 6815-2011 14 subject to compliance with other municipal Bylaws, for up to one (1) month in a six (6) month period without obtaining a separate Licence as required in section 6.1.4. 6.2 Licence Application 6.2.1 All Applications for a Licence pursuant to this Bylaw shall: (a) be made in the form provided by the Licence Inspector for that purpose; (b) be signed by the owner or operator of the Business or an agent authorized in writing by the owner or operator; and (c) contain a true and accurate description of the following information: (i) the nature of the Business; (ii) the Premises, including the civic address, from which the Business is conducted; (iii) any other information the Licence Inspector may require with respect to the operation of the Business and its location; and (iv) not be altered or annotated in any manner. 6.2.2 The Licence Inspector may review the Application to verify general compliance with this Bylaw and other applicable enactments. Any errors or omissions in the information provided by the Applicant on the Application will be the sole responsibility of the Applicant. 6.2.3 All Premises in or upon which the Applicant proposes to carry on Business and or all vehicles used in connection therewith shall, before any such Licence is granted for such Premises or for such vehicle, first be approved by the Licence Inspector who may in his discretion also require such Premises or vehicles to be approved by Federal, Provincial or District Officials, as the Licence Inspector deems necessary. 6.3 Licence Fees 6.3.1 Every Applicant shall, at the time of making the Application, pay to the District the Licence fee set out for his Business in Schedule “A” to this Bylaw. No Licence shall be issued until the payment of the fee is made. Business Licencing and Regulation Bylaw No. 6815-2011 15 6.3.2 Notwithstanding section 6.3.1, the Licence fee prescribed in Schedule “A” may be reduced by one-half in respect of a Business for which a Licence is issued after the 30th day of June in any calendar year. 6.3.3 No reduction or refund of the annual Licence fee paid pursuant to this Bylaw shall be made by the District due to any Licensee ceasing to own or operate the Business for which the Licence was issued. 6.3.4 The fees set out in Schedule “A” of this bylaw shall be adjusted annually and implemented on the 15th day of January in the following year. This annual adjustment shall be based on the Consumer Price Index (CPI) as established by Statistics Canada based on the previous 12 month period ending December. 6.4 Variable Licence Fees 6.4.1 Where the Licence fee for a Business is based on the floor area, ground area, number of professionals regularly employed, number of machines, appliances, rental units or other factors used in the carrying on of the Business, an Applicant who changes the factors upon which the Licence fee is based shall immediately notify the Licence Inspector in writing, and pay any additional Licence fee which may be payable under Schedule “A” as a result of the change. 6.5 Licence Period 6.5.1 Licences shall be issued for a period no greater than one calendar year and shall commence on the 1st day of January and expire on the 31st day of December of each year, unless otherwise indicated on the Licence. 6.6 Licence Renewal 6.6.1 Every Licensee shall renew the Licence prior to the beginning of each licensing period as long as the Business for which the Licence was issued is operating or being carried on within the District. 6.7 Licence Changes 6.7.1 Every Licensee shall notify the Licence Inspector in writing within forty-eight (48) hours of the termination of operation of the Business. 6.7.2 No Licensee shall make a change to a Business, including but not limited to a change: (a) in location of the Business Premises; Business Licencing and Regulation Bylaw No. 6815-2011 16 (b) to the Business name; (c) to any term or condition on which the Licence was issued; or (d) that would increase the Licence fee prescribed for the Business in Schedule “A” without first applying to the Licence Inspector to have the Licence changed. 6.7.3 The powers, conditions, requirements and procedures relating to the granting or refusal of a Licence shall apply to all such applications for a Licence change. 6.7.4 A person applying for a Licence change shall, at the time of making the Application, pay to the District the amount by which the Licence fee under Schedule “A” will increase. 6.7.5 In addition to the fee set out in Schedule “A”, a Licensee applying for a change of location of the Premises in which the Business is carried on shall pay to the District a transfer fee of $50.00. 6.7.6 A person applying for a name change for a corporation shall, at the time of application, supply a true copy of the name change certificate issued by the Corporate Registry (Victoria). 6.8 Licence Posting 6.8.1 Every Licensee shall post the Licence in a conspicuous place on the Premises or on the thing or article in respect of which the Licence is issued and, in the case where the holder thereof has no Business Premises in the District, such Licence shall be carried upon his person at all times when he is engaged in the Business for which the Licence was issued. 6.9 Licence Inspector’s Powers and Duties 6.9.1 On receipt of an Application and before issuing any Licence or authorizing a change with respect to an existing Licence, a Licence Inspector may: (a) at a reasonable time and in a reasonable manner, inspect the Premises for which the Licence or the change to an existing Licence is sought; and (b) require the Applicant to provide proof of any certification, approval, or qualification which may be required by a federal, provincial or municipal authority with respect to the business. Business Licencing and Regulation Bylaw No. 6815-2011 17 6.9.2 A Licence is issued on terms or conditions imposed in respect of that Business by this Bylaw or in any other enactment. 6.9.3 Subject to section 16 of the Community Charter, S.B.C. 2003, c.26 a Licence Inspector may enter the Premises at a reasonable time to inspect and determine whether the regulations and requirements of the Bylaw are being met. 6.10 Refusal of a Licence 6.10.1 An Application may be refused by the Licence Inspector in any specific case, provided that: (a) the Application shall not be unreasonably refused; and (b) the Licence Inspector shall give written reasons for the refusal. 6.10.2 If the Licence Inspector refuses to grant a Licence, the Applicant who is subject to the decision is entitled to have Council reconsider the matter. 6.11 Terms and Conditions of a Licence 6.11.1 Council or the Licence Inspector may impose terms and conditions with respect to a Licence granted under this Bylaw. The terms and conditions imposed on a Licence may include any one or more of the following requirements that the Licensee: (a) comply with a particular provision of a Municipal Bylaw or any other Provincial or Federal enactment within a specified period of time; and (b) provide to the Licence Inspector within a specified period of time evidence satisfactory to the Licence Inspector of compliance with a particular provision of a Municipal Bylaw or any other Provincial or Federal enactment with respect to that Business. 6.12 Suspension and Cancellation of a Licence 6.12.1 A Licence may be suspended or cancelled by the Licence Inspector for reasonable cause. 6.12.2 Without limiting what constitutes reasonable cause, any one or more of the following circumstances may constitute reasonable cause: Business Licencing and Regulation Bylaw No. 6815-2011 18 (a) the Licensee fails to comply with this Bylaw or a term or condition of the Licence; (b) the Licensee is convicted of an indictable offence in Canada, which offence, in the opinion of Council or the Licence Inspector, directly relates to the Business; (c) the Licensee is convicted of an offence under any Municipal Bylaw or Provincial or Federal enactment in respect of the Business for which the Licensee is licensed or with respect to the Premises for which the Licence was issued; or (d) the Licensee has ceased to meet the lawful requirements to carry on the Business for which the Licensee is licensed or with respect to the Premises for which the Licence was issued. 6.13 Council Reconsideration 6.13.1 An Applicant or Licence holder who wishes Council to reconsider an Licence Inspector’s decision to refuse, suspend or cancel a Licence shall, within ten (10) business days of the date of the refusal, suspension or cancellation, deliver to the Corporate Officer a written request stating the grounds upon which the request is based. 6.13.2 The Corporate Officer shall refer to Council a request made under section 6.13.1 and notify the applicant or Licence holder of the time and place at which Council will reconsider the Licence Inspector’s decision. Part 7 Specific Regulations 7.1 Adult Entertainment Store 7.1.1 No owner or operator of an Adult Entertainment Store shall permit any person who is less than nineteen (19) years of age to be at the Premises at any time. 7.1.2 No owner or operator of an Adult Entertainment Store shall exhibit or permit to be exhibited in any window at the Premises or viewed from outside the Premises any depiction of a Sexual Act or any good, material, device, machine or entertainment which is designed or intended to be used in or for a Sexual Act. 7.1.3 Every Adult Entertainment Store shall post and keep posted at all times at every entrance to its Premises a clearly visible and legible sign, not less than 21.59 centimetres (8 ½ inches) by 27.94 Business Licencing and Regulation Bylaw No. 6815-2011 19 centimetres (11 inches) in dimension, containing the words “Adults Only”. 7.2 Adult Publications 7.2.1 Except in an Adult Entertainment Store licensed under this Bylaw, no owner or operator of a Business shall sell or offer to sell or display or permit to be displayed at a Business Premises, an Adult Publication except as follows: (a) all Adult Publications shall be located on a shelf, the bottom edge of which is at least 120 centimetres (47.25 inches) from the floor; and (b) all Adult Publications shall be placed behind an opaque substance which extends for the full length of the shelf on which the Adult Publications are placed and which extends vertically for at least 20.32 centimetres (8 inches) from the bottom of the shelf. 7.3 Arcades, Cyber Centres and Billiard Halls 7.3.1 Every owner or operator of an Arcade, Cyber Centre or Billiard Hall shall: (a) post and keep posted at all times at every entrance to the Premises a clearly visible and legible sign, not less than 21.59 centimetres (8 ½ inches) by 27.94 centimetres (11 inches) in dimension, containing the words “No Loitering”; (b) ensure Loitering does not take place; (c) post and keep posted at all times in a conspicuous place, near any Amusement Machines, computer terminals or billiard tables, a summary of the rules of conduct for customers, including the regulations set out in this section; (d) ensure that the Premises are well lit and clean; (e) not cover up any window in a manner that would prevent a clear view of the interior of the Premises from the exterior of the Premises; (f) ensure that the owner or not less than one employee of the Business is present at the Premises at all times that the Premises are open to the public; (g) not permit any patron to be at the Premises between the hours of 12:00 Midnight and 7:00 am; and Business Licencing and Regulation Bylaw No. 6815-2011 20 (h) not allow any person apparently or actually under the age of fifteen (15) years, unless such person is accompanied by his parent or guardian, to use, play, operate or loiter about an Amusement Machine or computer terminal or be present in a Billiard Hall: (i) between the hours of 9:00 am and 3:00 pm Monday to Friday inclusive unless such day is a School Holiday; or (ii) between the hours of 10:00 pm and 12:00 Midnight Sunday to Thursday inclusive unless the day immediately following is a School Holiday; and (iii) where reasonable doubt exists as to the age of a person desiring to play an Amusement Machine or use a computer terminal or to be present in a Billiard Hall, the owner or operator of those Premises shall not permit any person who is unable to provide documented proof of age indicating that person is fifteen (15) years of age or older to remain at the Premises. 7.4 Automobile Wrecking and Salvage 7.4.1 Every owner or operator of an automobile wrecker, salvage yard, automobile dealer/rebuilder, towing with storage Business and towing without storage Business is subject to the regulations of this section. 7.4.2 Every owner or operator shall maintain on the Premises a permanent building of at least 100 square metres (100 m²) and the building must contain an office together with washroom and cleanup facilities for employees. 7.4.3 The Premises shall be kept by the owner or operator in a clean, orderly, uncluttered and unobstructed condition and any building or continuous landscape screen on the Premises must be kept in good and sufficient repair and properly painted. 7.4.4 No by-products or materials of the Business shall be burned except in a furnace or incinerator designed to trap fly ash and to contain the whole of the fire. 7.4.5 Every owner or operator shall keep on the Premises a record of the vehicle identification number (VIN) and the serial numbers of all automobiles and equipment bearing these numbers, in accordance with the following: Business Licencing and Regulation Bylaw No. 6815-2011 21 (a) every record shall be written in ink in a plain legible hand in the English language; (b) every record shall include the precise date and hour of receiving the automobile or equipment for salvage or destruction; (c) every record shall include the name, residence, or street address, and description of the person from whom the automobile or equipment was received. The description of the person must include date of birth, height, weight, eye color, race, gender and the type and number of Picture Identification presented. This information must be compared to and recorded from the person’s Picture Identification by the proprietor; (d) every owner or operator shall, at all reasonable times during Business hours, produce the owner or operator’s register for the inspection of the Licence Inspector; (e) the owner or operator’s register may be removed at any time by the Licence Inspector for inspection at the headquarters of the officer or for use as evidence in Court; (f) immediately upon the return of a register to the owner or occupier, the owner or occupier shall enter in proper sequence each and every transaction involving the receiving of automobiles or equipment made during the absence of the register; (g) the owner or occupier shall not permit any entry in a register to be erased, obliterated, or defaced, or permit any page or other portion of the register to be cut out or removed; and (h) the owner or occupier shall number each record in the register in sequence and number each page of the register in sequence. 7.5 Bed and Breakfast 7.5.1 Every owner or operator of a Bed and Breakfast shall: (a) supply the Licence Inspector with the number of bedrooms intended for the operation and the daily rate of charge; (b) keep the records of all patrons, including dates of arrival and departure; and Business Licencing and Regulation Bylaw No. 6815-2011 22 (c) post the daily rate of charge at an easily visible location in the Premises. 7.5.2 No owner or operator of a Bed and Breakfast shall provide more than three (3) bedrooms for tourists or clients. 7.6 Body Rub Studios, Body Painting Studios and Modelling Studios 7.6.1 Every application for a Licence to operate a Body Rub Studio, Body Painting Studio and Modelling Studio shall be accompanied by a floor plan for the entire Premises in the scale and detail as may be required by the Licence Inspector, and when any alterations are made to the Premises, the owner or operator shall file revised plans immediately with the Licence Inspector. 7.6.2 Every owner or operator of a Body Rub Studio, Body Painting Studio or Modelling Studio shall: (a) provide the Licence Inspector with the name, address, and photocopy of Picture Identification of every person proposed to be employed or engaged in the Business; (b) notify the Licence Inspector within twenty-four (24) hours of any change in the personnel employed or engaged in the Business; and (c) not employ or engage any person in the Business without first receiving the approval of the Licence Inspector. 7.6.3 No owner or operator of a Body Rub Studio, Body Painting Studio or Modelling Studio shall: (a) employ any person or allow any person at the Premises who is less than nineteen (19) years of age; (b) permit the Premises to be open to the public between the hours of 12:00 Midnight and 8:00 am; (c) permit any person engaged in providing a Body Rub to manipulate, touch or massage the male or female genitals of any patron; (d) permit any person engaged in providing a Body Rub at the Premises to perform a Body Rub unless the person is wearing clean, washable, non-transparent outer garments covering the body between the neck and the top of the knee, the sleeves of which do not reach below the elbows; and Business Licencing and Regulation Bylaw No. 6815-2011 23 (e) exhibit the owner or operator’s body, or permit other persons to exhibit their bodies in any window at or about the Premises, or exhibit or permit to be exhibited any sign outside the Premises showing any Nudity or any printed words that might indicate that the Premises is a place that offers any form of Sexual Act or entertainment involving Nudity. 7.6.4 Every room at the Premises which is used for Body Rub or Body Painting or Modelling shall: (a) be at least 2.5 metres by 2.5 metres in size; (b) not be equipped with a locking device on any door to the room; (c) not have any means by which a person may view the interior of the room, other than a door providing entrance to the room; (d) be equipped with lighting of at least 50 foot candle power at all points in the room, which lighting shall remain on when the door is closed; (e) contain a massage table that is made of metal, is not less than 1 metre in height and is supplied with a single use, disposable coverings; and (f) not contain any mattress, futon, bed, couch, chair or other item of furniture that could reasonably be used as a bed. 7.6.5 The Applicant for a Body Rub, Body Painting or Modelling Studio Business Licence shall provide a copy of Picture Identification and a copy of a criminal records search completed by the Police for: (a) the proprietor, in the case of a sole proprietorship; (b) each partner with an ownership interest, in the case of a partnership; (c) each director and officer of the corporation, in the case of a corporate owner; and (d) each employee or independent contractor who will be providing massage or Body Rub, Body Painting or Modelling services as part of the Business to the Licence Inspector, each such search to have been completed within thirty (30) days of the application date and confirming that the sole proprietor, partner, directors and officer, and employees or Business Licencing and Regulation Bylaw No. 6815-2011 24 independent contractor, as applicable, has not been convicted of any offence related to the keeping of a common bawdy house, prostitution, drug possession or dealing, pornography or violent crimes against any person. 7.6.6 In the case of a partnership or corporate owner, the Applicant shall provide to the Licence Inspector the name of the partner or the name of the director or officer who will provide day to day management of the Body Rub Studio, Body Paint Studio or Modelling Studio. 7.6.7 Every Body Rub Studio, Body Paint Studio or Modelling Studio shall meet the following terms and conditions while in operation in the District under a validly issued Business Licence: (a) the requirements set out in section 7.6.3 (hours of operations) shall be met; (b) the requirements of section 7.6.4 shall be met during all hours when the Business is open for Business; (c) the owner or the individual identified in section 7.6.5 shall provide day to day management of the Business; (d) the owner or the individual identified in section 7.6.5 shall be responsible for ensuring that a written record is kept of the full name, address and telephone number of every person to whom the Business provides services, together with the date, time, nature and cost of every service performed for each person and the method of payment and shall make such written records immediately available for inspection to the Licence Inspector or his delegate any time upon request; (e) prior to permitting any employee or independent contractor to provide a service at the Business, comply with the provision of sections 7.6.3 (a) and 7.6.5 (d) with respect to that employee or independent contractor; and (f) all persons hired to provide any service(s) or the person providing day to day management are required upon request, by any Officer, to produce Picture Identification. 7.6.8 A failure to comply with any or all of the foregoing terms and conditions shall be a sufficient basis for the Licence Inspector to suspend, revoke or refuse to issue any further Business Licence to the Body Rub Studio, Body Paint Studio or Modelling Studio. Business Licencing and Regulation Bylaw No. 6815-2011 25 7.7 Casinos 7.7.1 No owner or operator of a Casino shall: (a) employ any person at the Premises who is less than nineteen (19) years of age; or (b) permit any person to be at the Premises at any time who is less than nineteen (19) years of age. 7.8 Commercial Parking Lots 7.8.1 It shall be a condition of the granting of a Licence to any person to carry on the Business of a Commercial Parking Lot that one sign shall be posted at each entrance to the parking lot and one sign at each exit of the parking lot, stating in wording clearly legible by day or night, the circumstances under which a Vehicle may be removed from the Premises and the address of the place at which it may be reclaimed. 7.8.2 Except as set out in section 7.8.1, no person shall cause any Vehicle to be removed from a Commercial Parking Lot without the authority of the owner of the Vehicle. 7.8.3 An owner or operator of a Commercial Parking Lot, or a duly authorized agent of such owner or operator, may cause a Vehicle to be removed from a Commercial Parking Lot if: (a) the owner or operator of that Vehicle has not purchased a valid parking ticket or the parking ticket for that Vehicle has expired or there is no contract or permission to park that Vehicle at that Commercial Parking Lot; (b) the Vehicle constitutes a hazard or an obstruction to the free and normal use of the Commercial Parking Lot; (c) the Vehicle is parked in a reserved parking spot and does not bear a valid and subsisting permit to be in a reserved parking spot; or (d) the Vehicle is parked in a space designated, by way of the international symbol for the disabled, for disabled persons parking only and the Vehicle does not bear a valid and subsisting disabled persons parking placard. 7.9 Dog Daycare 7.9.1 Parcel requirements and restrictions are subject to conformance with the Maple Ridge Zoning Bylaw as amended from time to time. Business Licencing and Regulation Bylaw No. 6815-2011 26 7.9.2 A Dog Daycare facility shall be located on a parcel which is zoned as regulated by the Maple Ridge Zoning Bylaw as amended from time to time. 7.9.3 A Dog Daycare facility shall comply with the requirements of the Maple Ridge Kennel Regulation Bylaw, the Maple Ridge Zoning Bylaw, the Maple Ridge Dog Pound and Dog Control Bylaw and the Building Bylaw as amended from time to time. 7.9.4 Operator Obligations – Hours of Operation, Maximum Number of Animals and Noise Control (a) The operator of a Dog Daycare facility: (i) shall not care for more than twenty (20) Dogs at any time; (ii) may only operate between the hours of 7:00 am and 7:00 pm, Monday to Saturday inclusive; and (iii) shall not discharge or emit odorous, noxious or toxic matter or vapours, heat, glare, noise or radiation, or recurrently generated ground vibrations. 7.10 Exotic Performer 7.10.1 No owner or operator of a Business shall employ or engage an Exotic Performer or permit an Exotic Performer to engage in Business at the Premises unless: (a) there is no physical contact between the Exotic Performer and any person who is not an Exotic Performer; (b) the Exotic Performer remains in or on a stage area separated from the general seating area; and (c) the Exotic Performer and all persons viewing the Exotic Performer are nineteen (19) years of age or older. 7.11 Farm Produce Retail 7.11.1 No owner or operator of a farm Business shall carry on a Retail Business on land that is zoned for agricultural use under the Maple Ridge Zoning Bylaw as amended from time to time, unless fifty percent (50%) of the goods offered for sale are produced on the land at which the Retail Business is located. Business Licencing and Regulation Bylaw No. 6815-2011 27 7.11.2 Every accessory produce sales building or structure is limited to one per lot and shall not exceed eleven square metres (11 m2) pursuant to the Maple Ridge Zoning Bylaw as amended from time to time. 7.11.3 Every roadside stand Applicant shall satisfy the Licence Inspector that: (a) the Applicant operates a farm in the District; and (b) the roadside stand: (i) shall not create a traffic hazard; and (ii) has been granted any required arterial highway access approval, in writing, from the Province of British Columbia. 7.11.4 The Licence Inspector shall not issue more than one roadside stand Licence for any one legal parcel which is a farm. 7.12 Farmers’ Market 7.12.1 Every Farmers’ Market applicant shall: (a) provide evidence of permission by the owner to use the land for the purpose of a Farmers’ Market if the operation is on land other than land owned by the Applicant; (b) permit only the display and sale of any of the following: (i) fruit, vegetables, nuts, honey, syrups, dairy products, eggs, poultry, meat, flowers, herbs, and any products derived there from, that are produced in the Province of British Columbia and prepared for market in accordance with applicable laws; (ii) artwork or handcrafted items that are designed, created, produced and assembled in the Province of British Columbia; and (iii) baked or handmade foods produced in British Columbia; (c) provide evidence that all vendors intending to sell food products have been granted a health permit for that purpose before allowing the sale of any goods mentioned in paragraph (b); and Business Licencing and Regulation Bylaw No. 6815-2011 28 (d) satisfy the Licence Inspector that the Farmers’ Market shall not create a traffic hazard or result in obstruction or other nuisance on municipal streets, sidewalks, or access routes. 7.12.2 Despite subsection 6.1.1 of this Bylaw, a vendor who is permitted by a person holding a current and valid Licence for a Farmers’ Market to display or sell goods at that Farmers’ Market is not required to obtain a separate licence for that purpose. 7.12.3 Despite subsection 6.5.1 of this Bylaw, a Licence for a Farmers’ Market: (a) permits the sale of goods at the Farmers’ Market to be carried on for only one day per week; (b) will only be issued once during any calendar year; and (c) unless suspended, cancelled or revoked, is valid for the months between April 1 and October 31 of that year. 7.12.4 A person holding a Licence for a Farmers’ Market must: (a) ensure that health permits are displayed at any space where food products are sold; (b) comply, and ensure compliance among vendors, with any conditions, restrictions or requirements of the Medical Health Officer, the Fire Chief or a deputy acting in the place of either; and (c) ensure that the market area is operated and maintained in a safe, orderly, clean and sanitary condition, and that the area is left in such condition after the market closes each day. 7.13 Insurance 7.13.1 No Licence shall be granted for the operation of a spectator or sports function, or any public entertainment, including, without limitation, any exhibition, zoo, circus, carnival, rodeo, demolition derbies, automobile or motorcycle races, car rallies, go-cart races, horse races, public animal rides, or other similar function, or the operation of a ferris wheel, merry-go-round or other similar device until the applicant has deposited proof in a form and amount satisfactory to the District that the Applicant has comprehensive general liability insurance, which includes a cross-liability clause and specifies the District as an additional insured. The Applicant shall supply to the District a copy of the current certification from Business Licencing and Regulation Bylaw No. 6815-2011 29 the Elevating Devices Branch showing all carnival rides have been inspected and are approved for use. 7.14 Internet Access 7.14.1 Any person carrying on a Business that offers internet access to the public, including but not limited to a Cyber Center, shall: (a) comply with all applicable Provincial and Federal enactments; and (b) to the extent not in conflict with such legislation, ensure that no person at the Premises under the age of eighteen (18) is permitted to access or view websites or web pages that depict a Sexual Act, Sadomasochistic Behaviour or Nudity. 7.15 Licensed Premises and U-Brews 7.15.1 A Business owner shall post signs warning of Prenatal Alcohol Exposure which shall be located in the following Premises and in the following locations: (a) For any Licensed Premises which are permitted to sell alcoholic beverages for off-premises consumption, there shall be at least one sign, located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage takes place; (b) For any Licensed Premises which permits the consumption of alcoholic beverages on the Premise, there shall be one sign conspicuously displayed in both the male and female washrooms located within the Premise, and at least one sign located so it is clearly visible from all locations where the sale or dispensing of the alcoholic beverage takes place; (c) For any U-brew Premises, there shall be at least one sign, located so it is clearly visible from all locations where the sale of the supplies, prepackaged ingredients or equipment takes place; (d) For any Licensed Premises, there shall be a Prenatal Alcohol Exposure warning placed on all menus; and (e) For sign specifications see Schedule “B” which is attached to and forms a part of this Bylaw. Business Licencing and Regulation Bylaw No. 6815-2011 30 7.16 Mobile Cart 7.16.1 No Mobile Cart vendor shall carry on Business directly outside any Premises at which is located a Business that offer the same items for sale as those offered by the Mobile Cart Vendor. 7.16.2 Every Mobile Cart vendor shall obtain the Municipal Engineer’s approval. 7.16.3 Every Mobile Cart vendor shall engage in Business using a Mobile Cart that: (a) does not exceed four square metres (4 m²) in area; (b) is capable of moving on its own wheels without alteration or preparation, although it may be towed by a Vehicle; and (c) is located on private property so that it does not interfere with or block any Highway. 7.16.4 Every person carrying on the Business of a Mobile Cart vendor shall: (a) Provide a garbage container immediately next to the food Cart and shall pick up all garbage and debris which results from the Mobile Cart vendor’s Business and which is located within twenty-five (25) metres of the of the food Cart; (b) Obtain written approval from the provincial agency responsible for health and the safe handling of food products; (c) Provide to the Licence Inspector upon request, written permission from the owner of the private property on which the food Cart is located, which permission indicates that the owner, operator and employees of the Mobile Cart vendor Business may access the washroom facilities located on that private property; and (d) Shall not operate on a property designated Park land unless written approval from the Manger of Parks and Facilities has been obtained. 7.17 Mobile Food Vendors 7.17.1 No Mobile Food Vendor shall carry on Business directly outside any Premises at which a Business is located that offers the same items for sale as those offered by the Mobile Food Vendor. Business Licencing and Regulation Bylaw No. 6815-2011 31 7.17.2 Every Mobile Food Vendor shall obtain the Municipal Engineer’s approval. 7.17.3 Every Mobile Food Vendor shall engage in Business using a Mobile Cart that: (a) does not exceed four square metres (4 m²) in area; (b) is capable of moving on its own wheels without alteration or preparation, although it may be towed by a Vehicle; and (c) is located on private property so that it does not interfere with or block any Highway. 7.17.4 Every person carrying on the Business of a Mobile Food Vendor shall: (a) provide a garbage container immediately next to the Mobile Cart and shall pick up all garbage and debris which results from the Mobile Food Vendor’s Business and which is located within twenty-five (25) metres of the food cart; (b) obtain written approval from the provincial agency responsible for health and the safe handling of food products; and (c) provide to the Licence Inspector upon request, written permission from the owner of the private property on which the Mobile Cart is located, which permission indicates that the owner, operator and employees of the Mobile Food Vendor Business may access the washroom facilities located on that private property. 7.18 Mobile Ice Cream Vendors 7.18.1 No Mobile Ice Cream Vendor shall carry on Business in contravention of the Motor Vehicle Act, the Highway Scenic Improvement Act, or any other Municipal Bylaw or Provincial enactment with respect to traffic and the use of Highways in the District. 7.18.2 Every Mobile Ice Cream Vendor shall: (a) obtain written approval from the provincial agency responsible for health and the safe handling of food products; (b) obtain the Municipal Engineer’s approval; Business Licencing and Regulation Bylaw No. 6815-2011 32 (c) provide a garbage container immediately next to the Vehicle and shall pickup all garbage and debris which results from the Mobile Ice Cream Vendor’s Business and which is located within twenty-five (25) metres of the Vehicle or Mobile Cart; (d) not operate before 8:00 am or after 9:00 pm; (e) not sell from a fixed location in excess of twenty (20) minutes; (f) not return to the same location or hundred block within one (1) hour; and (g) not operate on a property designated Park land unless written approval from the Manager of Parks and Facilities has been obtained. 7.18.3 The amplified sound from a Mobile Ice Cream Vendor’s Vehicle shall: (a) not be played at a higher level than sixty (60) dBA measured at a distance of fifty (50) feet from the Vehicle; and (b) be shut off when the Vehicle is not in motion. 7.18.4 A Mobile Ice Cream Vendor shall only stop its Vehicle in the course of Business while actively engaged in making a sale and shall move to another location after all customers have been served. 7.18.5 No member of the general public shall be permitted inside a Mobile Ice Cream Vendor’s Vehicle. 7.19 Non-Profit Agencies/Organizations 7.19.1 Every Non-Profit Society shall hold a valid and subsisting Licence as per Schedule “A”. There is no fee for such Licence. 7.20 Peddlers/Canvassers 7.20.1 Every Peddler/Canvasser while carrying on such Business shall: (a) carry a valid and subsisting Licence; (b) upon request, produce the Licence to the Licence Inspector, Police Officer or any person to whom goods are offered for sale; (c) display a photo identification tag; Business Licencing and Regulation Bylaw No. 6815-2011 33 (d) only offer anything for sale while going from place to place or from house to house between the hours of 9:00 am and 6:00 pm; and (e) not enter onto a Premise where signage exists that states “No Soliciting”. 7.21 Post Box Rental Agency 7.21.2 Every owner or operator of a Post Box Rental Agency shall: (a) maintain a complete and accurate written record of the name and address of every person who rents, leases, owns or has possession of a Post Box on the Premises or who receives the pickup or delivery service; (b) obtain from every person referred to in paragraph (a) a statement of whether or not that person intends to use the Post Box for Business and include that statement as part of the written record referred to in paragraph (a); (c) where the person referred to in paragraph (a) is a corporation, firm or Business proprietorship, maintain, as part of the record and in addition to the information referred to in paragraph (a), an accurate written record of the name and address of at least one natural person authorized to represent that corporation, firm or Business proprietorship; (d) maintain the record for each Post Box at the Premises where the Post Box is located; and (e) make each customer record available for inspection upon request by the Licence Inspector. 7.22 Second Hand Dealer 7.22.1 An Application for a Licence for a Second Hand Dealer Business shall be made jointly by all the persons who will be actively engaged in the management and control of the Business. 7.22.2 If, in the course of any Licence period, additional persons are added to those sharing the management and control of the Second Hand Dealer Business, their names shall be immediately given to the Licence Inspector. 7.22.3 Failure to disclose to the District any of the information required in this Bylaw shall be grounds for immediate cancellation of the Licence and forfeiture of the Licence fee paid for the Licence. Business Licencing and Regulation Bylaw No. 6815-2011 34 7.22.4 The Licence Inspector shall not issue any Licence or approve any change to a Licence until the Police Department has reviewed and reported on the Application and provided a copy of that report to the Licence Inspector for his consideration. 7.22.5 Any Premises in respect of which a Licence has been issued for a Second Hand Dealer Business shall be subject to inspection at any reasonable time by the Chief Constable or Licence Inspector. 7.22.6 Every Second Hand Dealer shall: (a) maintain a Second Hand Dealer’s Report; (b) at the time of buying or receiving each Second Hand Article, write (in ink, in legible printing) or type into an approved electronic registry, in the English language, the following particulars in the Second Hand Dealer’s Report: (i) the precise date and time at which each Second Hand Article is bought; (ii) an account and description of each Second Hand Article bought by the Second Hand Dealer, including a notation of all distinctive marks and names on each Second Hand Article; (iii) the amount paid or consideration provided for each Second Hand Article or the details of other arrangements made for consideration; (iv) the name, address, place of residence and description of the person from whom the Second Hand Article is bought, such information to be supported by Picture Identification; and (v) the make, description and provincial licence plate number of any motor Vehicle used for delivery to the Second Hand Dealer of any Second Hand Articles; (c) deliver to the Police Department every Monday before 10:00 am completed copies of every Second Hand Dealer’s Report for the preceding seven (7) days, which reports must bear an original signature of the Licensee. If Monday is a statutory holiday, copies of the preceding seven (7) days Second Hand Dealer’s Reports shall be delivered to the Police Department the next business day after the Monday; and Business Licencing and Regulation Bylaw No. 6815-2011 35 (d) produce, upon request, at all reasonable times during Business hours, the Second Hand Dealer’s Report for inspection by a Police Officer or by the Licence Inspector and, upon request, give over the Second Hand Dealer’s Report to such person for inspection elsewhere, or for use as evidence in Court or other proceedings. 7.22.7 No Second Hand Dealer shall permit any entry made in the Second Hand Dealer’s Report to be erased, obliterated or defaced, nor shall the Second Hand Dealer permit such report or any part thereof to be cut or removed from the Premises, except upon request by a Police Officer when delivered to the Police Department. 7.22.8 No Second Hand Dealer shall: (a) alter, repair, dispose of, or in any way part with a Second Hand Article (excluding Junk) bought by the Second Hand Dealer; or (b) allow a Second Hand Article (excluding Junk) to be removed from the Premises until after the expiration of thirty (30) days from the time the Second Hand Article was bought by the Second Hand Dealer. 7.22.9 During the thirty (30) day period set out in section 7.22.8 (b), each Second Hand Article shall be: (a) clearly and physically segregated and kept apart from all other articles on the Second Hand Dealer’s Premises; and (b) subject to inspection during Business hours by the Licence Inspector. 7.22.10 Notwithstanding sections 7.22.8 and 7.22.9, a Second Hand Dealer may: (a) dispose of a Second Hand Article after thirty (30) days from the time the Second Hand Article was bought, if the Second Hand Dealer has recorded the Second Hand Article in an approved electronic registry; or (b) seek special authorization from the Chief Constable to dispose of a Second Hand Article before the expiry of thirty (30) days from the time the Second Hand Article was bought by providing the Chief Constable with a written request for such authorization. Business Licencing and Regulation Bylaw No. 6815-2011 36 7.22.11 Every Second Hand Dealer shall, at the request of a Police Officer, present for viewing by the Police Officer, Second Hand Articles in the Second Hand Dealer’s possession. 7.22.12 No Second Hand Dealer shall buy any Second Hand Article whose serial number or other identifiable marking has been wholly or partially tampered with or removed. 7.22.13 No Second Hand Dealer shall buy any Second Hand Article from any person if that person: (a) does not present Picture Identification; (b) sells goods for a person who is not in possession of Picture Identification and this is known to the Second Hand Dealer; (c) is or appears to be under the influence of liquor or drugs; or (d) is under the age of eighteen (18) years. 7.22.14 No Second Hand Dealer shall buy or take in Pawn any Second Hand Article from any person between the hours of 6:00 pm and 6:00 am. 7.22.15 Every Second Hand Dealer shall display and maintain the Second Hand Dealer’s name and address plainly and visibly in English lettering on the front of the Second Hand Dealer’s Premises and on both sides of any Vehicle used in carrying on the Second Hand Dealer’s Business. 7.23 Social Escorts 7.23.1 Every owner and operator of a Business that offers or provides the services of one or more Social Escort shall: (a) within twenty-four (24) hours of hiring a person employed or to be employed in the Business as a Social Escort, provide the Licence Inspector with that person’s name, age, address and description; and (b) not offer the services or name of any Social Escort, or introduce customers or potential customers to any Social Escort, unless that Social Escort is nineteen (19) years of age or older. 7.23.2 Every person operating or applying for a Licence to operate a Social Escort Service shall, at the time of applying for a Licence for such operation: Business Licencing and Regulation Bylaw No. 6815-2011 37 (a) provide a list showing the name, age, birth date, address and a copy of Picture Identification of every person proposed to be employed or engaged in the said Business, together with such additional information as the Licence Inspector or Chief of Police may require; and thereafter: (i) notify the Licence Inspector within twenty-four (24) hours of any changes in the personnel employed or engaged in the said Business, and the provisions of paragraph (7.23.2 (a)) above shall apply to any new persons proposed to be engaged or employed by the said Social Escort Service, and (ii) maintain to the satisfaction of the Licence Inspector and Chief of Police a written record of every request to provide or furnish a Social Escort, giving the name and address of the person requesting the service together with the name of the Social Escort recommended and the function or functions to be attended. 7.23.3 It shall be unlawful for any person carrying on a Business of operating a Social Escort Service to employ or engage any person in the said Business without first having obtained the approval of the Licence Inspector or Chief of Police to the employment or engagement of any such person. 7.23.4 Any Licence Inspector or any Police Officer whose duties include the administration and enforcement of this Bylaw is hereby authorized to enter the Premises of a Social Escort Service at any time to ascertain whether the regulations contained in this section are being, or have been, complied with and it shall be unlawful for any person to prevent or obstruct any such Licence Inspector or Police Officer from the carrying out of any of this duties with respect to the administration and enforcement of this Bylaw. 7.24 Solicitor for Charity/Fundraising 7.24.1 Except as authorized by Council, no person shall, anywhere in the District: (a) solicit for donations of money or other material assistance; or (b) sell or display for the purposes of selling any article or thing; Business Licencing and Regulation Bylaw No. 6815-2011 38 (c) solicit for donations of money or other material assistance, sell or display for the purposes of selling any article or thing between the hours of 6:00 pm and 9:00 am daily; and (d) solicit where signage exists stating “No Solicitors” 7.25 Temporary Commercial Vendor 7.25.1 Every person carrying on the Business of a Temporary Commercial Vendor shall provide to the Licence Inspector, upon request, written permission from the owner of the commercially zoned property on which the Temporary Commercial Vendor’s temporary structure or Vehicle is located, which permission indicates that the owner, operator and employees of the Temporary Commercial Vendor Business may access the washroom facilities located on that property. 7.26 Tobacco Sales 7.26.1 No person carrying on the Business of Tobacco sales shall: (a) sell Tobacco or Tobacco Products unless the Business is licensed by the Province to sell such products; (b) permit Tobacco or Tobacco Products to be displayed in the Retail Business Premises so that the Tobacco or Tobacco Products are visible to the public if young persons are permitted access to those Premises; and (c) sell any Tobacco or Tobacco Products to anyone under the age of nineteen (19) years old. 7.27 Shark Fin Products 7.27.1 No person or Business entity shall: (a) Possess, trade, sell of distribute by any means, shark fins or their derivative products with the exception of passion for educational bona fide research purposes. Part 8 Offence and Penalty 8.1 Every person who: (a) owns, operates, carries on or suffers or permits a person to carry on a Business for which a Licence is required pursuant to this Bylaw without holding a current Licence for that Business; Business Licencing and Regulation Bylaw No. 6815-2011 39 (b) fails to display a current Licence as required pursuant to this Bylaw; (c) fails to provide any information or documentation as required pursuant to this Bylaw; (d) carries on, remains open, or suffers or permits a person to carry on or remain open for Business after receiving notice that a Licence has been suspended or cancelled or after the Licence has expired; (e) fails to comply with or suffers or permits a person to fail to comply with the terms and conditions of a Licence issued to that person under this Bylaw; (f) violates any of the provisions of this Bylaw; (g) suffers or permits any act or thing to be done in contravention or violation of any of the provisions of the Bylaw; or (h) neglects to, refrains from or suffers or permits a person from doing anything required to be done by this Bylaw; shall be deemed to have committed an offence under this Bylaw and shall be liable to the penalties hereby imposed. 8.2 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and is liable to the penalties imposed under this bylaw, and is guilty of a separate offence each day that a violation continues to exist. 8.3 Every person who commits an offence is liable on summary conviction to a fine or to imprisonment, or to both a fine and imprisonment, not exceeding the maximum allowed by the Offence Act. 8.4 Each day that a violation continues is a separate offence against this Bylaw. Schedules Schedule A – Licence Fees Schedule B – Specifications for Warning Signs Schedule C – Second Hand Dealer’s Report Business Licencing and Regulation Bylaw No. 6815-2011 40 READ A FIRST TIME on [Date] READ A SECOND TIME on [Date] READ A THIRD TIME on [Date] ADOPTED by the Council on[Date] PRESIDING MEMBER CORPORATE OFFICER Business Licencing and Regulation Bylaw No. 6815-2011 41 Schedule A – Licence Fees Licence fee each calendar year unless classification of Business otherwise stated 1. ADULT ENTERTAINMENT Category Licence Fee a. Adult Entertainment Store (based on the floor area used for advertising display or sale purposes, up to and including 250 square metres) $500.00 For each square metre above 250 square metres $0.44 per square metre b. Body Rub Studio $3,000.00 c. Social Escort Service $3,000.00 2. AGRICULTURAL (called Farm Retail in Bylaw) Category Licence Fee a. Animal Production $110.00 for all categories b. Crop Farming c. Floriculture d. Greenhouse e. Nursery f. Tree Production g. Tourism 3. ANIMAL SERVICES Category Licence Fee a. Dog Daycare $110.00 for all categories b. Dog/Animal Trainer c. Dog Walker d. Groomer e. Horse Boarding (6 or more) f. Kennel Commercial – boarding g. Unclassified Animal Service 4. ARTS, ENTERTAINMENT & ASSEMBLY CENTRE Category Licence Fee a. Assembly Hall $110.00 b. Arcade/Pinball/Cyber Centre $205.00 c. Bingo $300.00 d. Casino $3000.00 plus $41 per machine or game of chance e. Children’s Play Centre $110.00 f. Cinema $110.00 per screen g. Dance studio $110.00 h. Gymnastics Centre $110.00 i. Outdoor Recreation $110.00 j. Theatre (Performing Arts) $110.00 per stage k. Unclassified Arts/Entertainment/Assembly Centre $110.00 Business Licencing and Regulation Bylaw No. 6815-2011 42 5. ARTS & ENTERTAINMENT RETAIL Category Licence Fee a. Art Dealer b. Craft/Art Supplies c. Dance Supplies d. Hobby e. Music (Instruments, Sheets) f. Recordings (CD/DVD) g. Unclassified Arts & Entertainment Retail h. Video For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 6. ARTS & ENTERTAINMENT SERVICES Category Licence Fee a. Entertainer/Performer/Producer $110.00 for all categories b. Event/Party Planning c. Mobile Music d. Recording Studio e. Speaker/Facilitator f. Talent Agency g. Unclassified Arts & Entertainment Services 7. AUTOMOTIVE Category Licence Fee a. All other Automotive Service $110.00 b. Auto Detailing/Upholstery $110.00 c. Auto Paint & Body $110.00 d. Auto Rental $110.00 e. Auto/Boats/RV/Motorcycle Repair & Service $110.00 f. Auto Towing & Transport with storage facilities $320.00 g. Auto Towing & Transport without storage facilities $160.00 h. Car Wash $110.00 i. Oil – Fuel & Heating $110.00 j. Tires Repair $110.00 Category Licence Fee k. Auto Wrecking $500.00 l. Gas Station $110.00 m. Gas Station/Convenience $160.00 n. Gas Station/Car Wash $160.00 o. Gas Station/Convenience/Car Wash $200.00 Business Licencing and Regulation Bylaw No. 6815-2011 43 Category Licence Fee p. Auto Dealer New & Used q. Auto Dealer New r. Auto Dealer Used s. Auto Parts & Supplies t. Boats & RV Dealer u. Motorcycle Dealer v. Tires Dealer w. Unclassified Auto Retail For categories p. to w., based on the floor area used for advertising display or sale purposes For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 8. BUSINESS & OFFICE RETAIL Category Licence Fee a. Computers/Business Machines b. Office Furniture c. Office Furniture & Stationary d. Stationary For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 9. BUSINESS SERVICES Category Licence Fee a. Advertising/Marketing/Public Relations $110.00 for all categories b. Answering Service c. Consulting Service d. Employment Counselling/Agency e. Office Administration Service f. Office/Business Service g. Office Equipment Repair h. Secretarial Service i. Temp Agency j. Writing Service 10. CALL CENTRE Category Licence Fee a. Call Centre Based on the floor area used for Business purposes (excluding storage space) Business Licencing and Regulation Bylaw No. 6815-2011 44 For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 11. CLOTHING & ACCESSORY RETAIL Category Licence Fee a. Children’s Clothing b. Family/Unisex Clothing c. Luggage & Leather d. Men’s Clothing e. Unclassified Personal Retail f. Women’s Clothing For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 12. CLOTHING & LAUNDRY SERVICE Category Licence Fee a. Boot/Shoe Repair $110.00 b. Dressmaker/Tailor/Alterations $110.00 c. Dry Cleaning $110.00 d. Laundromat $14.00 per machine, minimum $110.00 e. Unclassified Clothing Service $110.00 f. Unclassified Laundry Service $110.00 13. COMMUNITY CARE Category Licence Fee a. Child Care Licensed under the Community Care Act $110.00 for all categories b. Family Daycare c. Group Daycare d. In-Home Multi-Age e. Preschool 14. COMMUNITY GROUPS Category Licence Fee a. Church Organizations $0.00 for all categories b. Civic/Social Organizations c. Family & Social Services d. Foundations/Charities e. Public Service (Federal, Provincial, Municipal) f. Unclassified Community Group Business Licencing and Regulation Bylaw No. 6815-2011 45 15. COMPUTER & TECHNOLOGY SERVICES Category Licence Fee a. Computer & Electronic Repair $110.00 for all categories b. Computer Consultant c. Data Processing d. Desk Top Publishing e. Software Development f. Telecommunications g. Unclassified Computer Services h. Web Design 16. CONTRACTORS Category Licence Fee a. Awnings/Decks/Solariums/Railings $110.00 for all categories b. Building (General Contractor) c. Crane Service d. Concrete – Pour/Finish/Form/Reinforce e. Damp Proofing f. Demolition g. Drywall h. Electrical i. Fencing j. Finish Carpentry k. Flooring – Carpet, Resilient l. Framing/Forms m. Gas n. Home Inspector o. Insulation op Irrigation q. Masonry r. Mechanical s. Painter/Wallpaper t. Plumbing u. Plumbing & Gas v. Pool/Hot Tub w. Renovations/Restorations/Home Improvement x. Roofing y. Siding/Gutters z. Sign aa Site Preparation bb Sheet Metal cc Sprinkler dd Stucco ee Tile ff Unclassified Contractors gg Underground Services hh Welding Business Licencing and Regulation Bylaw No. 6815-2011 46 17. DESIGN SERVICES Category Licence Fee a. Graphic $110.00 for all categories b. Interior c. Landscape d. Unclassified Design Services 18. DIRECT SALES Category Licence Fee a. Direct Sales/Peddler/Canvasser $110.00 b. e-Commerce $110.00 c. Mail Order Agency $300.00 19. EDUCATION & INSTRUCTION Category Licence Fee a. Business School $110.00 for all categories b. Community College c. Driving School d. Fine Arts/Dance/Music e. General Interest/Hobby f. Private School – Academic g. Public School h. Support Service (Tutor) i. Trades/Tech School j. Unclassified Education & Instruction 20. ENGINEERING, SCIENCE & TECHNOLOGY Category Licence Fee a. Surveying & Mapping $110.00 for all categories b. Testing Laboratory c. Unclassified Engineering/Science 21. ENVIRONMENTAL & ECOLOGICAL Category Licence Fee a. Conservation/Ecological Organization $110.00 for all categories b. Environmental Consultant c. Environmental/Ecological Products & Services d. Planning Consultant e. Site remediation/Clean-Up 22. FINANCIAL AND INSTITUTIONAL SERVICES Category Licence Fee a. Accountant $110.00 per Accountant b. ATM/Kiosk For Businesses who have a separate Business Licence on the same Premises under this Bylaw $40.00 per machine Business Licencing and Regulation Bylaw No. 6815-2011 47 For Businesses without a separate Business Licence on the same Premises under this Bylaw $110.00 per machine Category Licence Fee c. Bank/Credit Union $700.00 d. Bookkeeping $110.00 e. Currency Exchange/Cheque Cashing Centre $700.00 f. Finance Company $110.00 g. Financial Planner Consultant $110.00 h. Insurance Agent/Broker $110.00 i. Insurance/Claims Adjuster $110.00 j. Loans & Mortgages $110.00 k. Stock/Bond Broker $110.00 l. Tax Preparation $110.00 23. FOOD & BEVERAGE RETAIL Category Licence Fee a. Bakery b. Beer and Wine Store c. Confectionary d. Convenience e. Deli f. Grocery/Supermarket g. Liquor Retail Store h. Meat i. Produce j. Specialty Food k. U-Brew l. Unclassified Food & Beverage Retail For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 24. FOOD & BEVERAGE SERVICES Category Licence Fee a. Caterer $110.00 b. Food/Beverage Delivery Service $110.00 c. Liquor Primary Licence Establishment For the first 200 occupants $1200.00 For each additional occupant $2.00 d. Liquor Primary Licence Establishment with Restaurant/ Food Primary Licence Establishment Attached For the first 200 occupants $1200.00 For each additional occupant $2.00 e. Mobile Food Vendor $110.00 Business Licencing and Regulation Bylaw No. 6815-2011 48 f. Mobile Ice Cream Vendor $110.00 g. Restaurant/Café For the first 35 chairs $110.00 For each additional chair $1.20 25. HEALTH RETAIL Category Licence Fee a. Health Food/Product b. Optical c. Pharmacy d. Unclassified Health Retail e. Vitamin & Supplement For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square meter 26. HEALTH SERVICES Category Licence Fee a. Acupressure $110.00 for all categories b. Counselling c. Dental Laboratory d. Hearing Centre e. Herbalist f. Medical/Diagnostic Laboratory h. Speech Therapist i. Unclassified Health Services 27. HOMECRAFT Category Licence Fee a. Artist $110.00 for all categories b. Ceramic & Pottery c. Floral d. Gift Baskets e. Handcraft f. Unclassified Homecraft 28. HOME & PROPERTY RETAIL Category Licence Fee a. Appliances, TV, Electronics b. Department Store c. Draperies/Blinds/Upholstery d. Flooring e. Framing/Pictures f. Furniture g. Garden Supply/Centre Business Licencing and Regulation Bylaw No. 6815-2011 49 h. Glass – Auto/Commercial/Home i. Home Décor & Household Accessories j. Home Improvement Centre k. Lighting l. Lumberyard m. Paint & Wallpaper n. Pool & Spa Supplies o. Unclassified Home & Property Retail For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 29. HOME & INDUSTRY SERVICES Category Licence Fee a. Appliance Repair $110.00 for all categories b. Carpet/Upholstery/Blind Cleaning c. Drain Cleaning d. Drapery/Blind Cleaning e. Electronic Repair f. Furnace/Duct/Chimney Cleaning g. Furniture/Upholstery Repair h. Gardener/Lawn Maintenance i. Garbage/Rubbish/Sanitation Service j. Handyman k. Industrial Equip Repair/Maintenance l. Inspection Service m. Janitor/Housekeeping n. Pest Control o. Pool Maintenance p. Power Washing/Building Cleaning q. Tool/Machine Repair r. Tree Services s. Unclassified Home/Industry Service 30. LEGAL SERVICES Category Licence Fee a. Consultant $110.00 b. Notary Public $110.00 per Notary Public c. Unclassified Legal Service $110.00 31. MANUFACTURING Category Licence Fee a. Animal Food Manufacturing b. Blinds – Windows c. Boat/Ship Building & Repair Business Licencing and Regulation Bylaw No. 6815-2011 50 d. Chemical (soap, paint) e. Clothing/Textile f. Computer/Electronic g. Concrete h. Electrical (including Lighting) i. Food & Beverage j. Foundry/Forging k. Glass l. Furniture m. Health & Beauty n. Log Homes o. Machinery/Equipment p. Metal q. Printing r. Remanufacturing s. Rubber t. Sawmill/Shake & Shingle u. Sign v. Unclassified Manufacturing w. Vehicle Parts x. Wood Products For all categories listed, the fee is based on the area used for manufacturing purposes. For Businesses with a manufacturing area of 750 square metres or less $110.00 For Businesses with a manufacturing area between 751 and 2,750 square metres $250.00 For Businesses with a manufacturing area between 2,751 and 5,000 square metres $400.00 For Businesses with a manufacturing area of 5,001 square metres or greater $550.00 32. PERSONAL SERVICES Category Licence Fee a. Beauty Salon/Barber $110.00 for all categories b. Body Painting c. Body Piercing d. Esthetics/Manicure e. Funeral/Crematory//Undertaker $110.00 per Undertaker f. Life Skill Coach g. Midwife $110.00 per Midwife h. Nail Salon i. Psychic Services Business Licencing and Regulation Bylaw No. 6815-2011 51 j. Reflexology k. Reiki l. Shiatsu m. Tanning Salon n. Tattoo Parlour o. Weight Loss Service 33. PHOTOGRAPHY & FILM Category Licence Fee a. Aerial Photographer $110.00 for all categories b. Commercial Photographer c. Film Production d. Photo Supplies/Finishing e. Portrait Photographer f. Videography 34. PROFESSIONAL SERVICES Category Licence Fee a. Acupuncture $110.00 per Acupuncturist b. Architect $110.00 per Architect c. Barrister/Solicitor $110.00 per Barrister/Solicitor d. Chiropractor $110.00 per Chiropractor e. Dentist $110.00 per Dentist f. Denturist $110.00 per Denturist g. Engineer $110.00 per Engineer h. Land Surveyor $110.00 per Surveyor i. Landscape Architect $110.00 per Architect j. Naturopath $110.00 per Naturopath k. Optometrist $110.00 per Optometrist l. Physical/Occupational Therapist $110.00 per Therapist m. Physician $110.00 per Physician n. Psychiatrist $110.00 per Psychiatrist o. Psychologist $110.00 per Psychologist p. Registered Massage Therapist $110.00 per RMT q. Veterinarian $110.00 per Veterinarian 35. PUBLISHER Category Licence Fee a. Books $110.00 for all categories b. Music c. Newspaper d. Periodical/Newsletter Business Licencing and Regulation Bylaw No. 6815-2011 52 36. REAL ESTATE Category Licence Fee a. Land Development $500.00 b. Property Management $1100.00 c. Real Estate Agency $500.00 d. Real Estate Appraiser $110.00 37. RECYCLING & SALVAGE Category Licence Fee a. Recycling $110.00 b. Salvage $500.00 c. Scrap Metal Dealer $1,200.00 38. RENTAL UNITS Category Licence Fee a. Dwelling Unit (if renting more than 1 Unit, notwithstanding that the units are located on separate Premises) - $40.00 per Unit $110.00 minimum fee *Certified Crime Free Multi Housing 75% Reduction b. Commercial/Industrial $10.00 per unit $110.00 minimum fee Category Licence Fee c. Bed and Breakfast d. Hotel e. Motel f. Room rental / Care home For categories c. to f., based on the number of rooms $10.00 per room $110.00 minimum fee Category Licence Fee f. RV Park g. Trailer Court For categories f. and g., based on the number of RV and trailer spaces. $10.00 per space $110.00 minimum fee 39. RENTAL SERVICE Category Licence Fee a. Post Box Rental Agency $210.00 b. Rental Service, Stores, Yards $110.00 40. RESOURCE INDUSTRY Category Licence Fee a. Fishing $110.00 for all categories b. Forestry/Logging c. Mining Business Licencing and Regulation Bylaw No. 6815-2011 53 d. Sand/Gravel e. Unclassified Resource Industry 41. RETAIL Category Licence Fee a. Fabric b. Florist c. Gift d. Jewellery e. Lottery f. News/Magazines/Books g. Pet Food/Supplies/Feed Dealer h. Shoes i. Toys & Novelty j. Unclassified Miscellaneous Retail For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 42. ROAD PAVING & PARKING Category Licence Fee a. Commercial Parking Lot $110.00 for all categories b. Line Marking c. Parking Management Service d. Paving e. Road Construction f. Road Maintenance g. Traffic Control h. Unclassified Road Services 43. SECOND HAND DEALER Category Licence Fee a. Antiques/Collectables b. Auctioneer c. Books/Toys d. Consignment Clothing e. Consignment Store f. Electronics/Recordings/Games g. Furniture/Appliances h. Sporting Goods i. Thrift Store For all categories not dealing in Second Hand Articles, based on the floor area used for advertising display or sale purposes Business Licencing and Regulation Bylaw No. 6815-2011 54 For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre For all categories dealing in Second Hand Articles, based on the floor area used for advertising display or sale purposes, up to and including 250 square metres $300.00 For each square metre above 250 square meters $0.44 per square metre Category Licence Fee j. Pawn $2500.00 44. SECURITY Category Licence Fee a. Fire Protection Sales/Service $110.00 for all categories b. Fire Alarm sales c. Fire Alarm service d. Locksmith e. Private Investigator f. Security sales g. Security service h. Security Patrol Service i. Security Systems Sales/Service 45. SPORTS & RECREATION CENTRE Category Licence Fee a. Bowling Alley $205.00 b. Billiards $205.00 c. Fitness Centre/Gym $110.00 per facility plus: $30.00 per gym; $30.00 per exercise room; $30.00 per court; $50.00 per lap pool; $30.00 per weight room; and $15.00 per sauna or Jacuzzi d. Golf Course $110.00 e. Ice Arena/Curling $110.00 f. Riding Academies/Stables $110.00 g. Rock Climbing $110.00 h. Swimming Pool $110.00 i. Unclassified Sport/Recreation Centre $110.00 For all categories, any Operator who holds a Liquor Primary Licence - For the first 200 occupants $1200.00 For each additional occupant $2.00 Business Licencing and Regulation Bylaw No. 6815-2011 55 46. SPORTS & RECREATION RETAIL Category Licence Fee a. Bicycle & Accessories b. Equestrian c. Sport/Outdoor d. Unclassified Sports/Recreation Retail For all categories listed above, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 47. SPORTS & RECREATION SERVICES Category Licence Fee a. Adventure/Sport Guide $110.00 for all categories b. Athletic Instructor c. Unclassified Sports & Recreation Service 48. TEMPORARY VENDOR Category Licence Fee a. Carnival/Amusement $110.00 per day b. Flowers $500.00 c. Kiosk $110.00 d. Non-Profit Sponsored Special Event $0.00 e. Produce $500.00 f. Special Event/Show/Trade Show/Exhibition $500.00 per day g. Tree $500.00 h. Unclassified Temporary Commercial Vendor $500.00 49. TRANSPORT GOODS & SERVICES Category Licence Fee a. Bus Service b. Courier/Delivery c. Freight Transport d. Mover e. Taxi/Limousine f. Trucking g. Unclassified Transportation For all categories, the fee is based on the number of vehicles used in the carrying on of Business Per each vehicle used $30.00 $110.00 minimum fee 50. TRAVEL Category Licence Fee a. Travel Agency $110.00 for all categories b. Travel Services Business Licencing and Regulation Bylaw No. 6815-2011 56 c. Tour Operator d. Unclassified Travel 51. VENDING MACHINE Category Licence Fee a. Arcade/Pinball $110.00 for all categories b. Newspaper c. Snack/Beverage d. Tobacco e. Toys/Amusement/Novelties 52. WAREHOUSING & STORAGE Category Licence Fee a. General Warehousing b. Moving & Storage c. Public Storage For each square metre of floor area $0.23 per square metre $110.00 minimum fee 53. WHOLESALE & DISTRIBUTION Category Licence Fee a. Agent/Broker b. Building Materials/Supplies c. Clothing & Textile d. Computer/Elect & Tech e. Electrical/Plumbing/Heating f. Food & Beverage g. Health & Beauty Categories h. Home Furnishings & Access i. Import/Export j. Machinery & Equipment k. Motor Vehicle Parts l. Nursery Stock & Supplies m. Paper Products n. Personal Goods o. Stationery/Office p. Unclassified Wholesale q. Wood/Lumber For all categories listed, the fee is based on the floor area used for advertising display or sale purposes. For Businesses with a floor area of 250 square metres or less $110.00 For each square metre above 250 square metres $0.44 per square metre 54. Any Unclassified Business Any Business not otherwise provided for in this schedule will be categorized as “unclassified” $110.00 Business Licencing and Regulation Bylaw No. 6815-2011 57 Schedule B – Specifications for Warning Signs Signs warning of Prenatal Alcohol Exposure shall meet the following minimum requirements and the specific design as set out in this schedule. a) Minimum dimension of Poster: 0.279 m x 0.432 m b) Lettering on poster shall be in bold print, white on a red background and shall be in the minimum of font size set out in this schedule. c) The wording shall be as follows: Required Wording Required Font Any chance you might be Garamond – Size 40 Pregnant? Hurry up - Size 60 Zero Impact –Size 173 Alcohol Impact – 94.3 No Safe Time. No Save Amount Garamond - Size 30 For more information, contact HealthLink BC: 8-1-1, Health Unit: 604-476-7000 Or speak to a medical professional (Above 3 lines required in Garamond Font –Size 40) District of Maple Ridge By-law No.: 6815-2011 (Required in Garamond Font – Size 14) Business Licencing and Regulation Bylaw No. 6815-2011 58 1. Specifications for Warnings on Menus: Notices on menus warning of Prenatal Alcohol Exposure shall meet the following minimum requirements: a) A minimum dimension of Menu Notice: minimum of 2.54 cm in height and 6.668 cm in width menu notice b) Lettering on poster shall be in bold print, white on a red background and shall be a minimum of font size as below c) The wording shall be as follows: Required Wording Required Font Any chance you might be Garamond - Size 10 Pregnant? Hurry Up - Size 13 Zero Impact - Size 30.5 Alcohol Impact- Size 16.3 No Safe Time. No Safe Amount Garamond - Size 8.5 District of Maple Ridge By-law No.: 6815-2011 (Font Size– Garamond - Size 5) Business Licencing and Regulation Bylaw No. 6815-2011 59 Schedule C – Second Hand Dealer’s Report Report to RCMP of Articles Received Date: Name of Business: Address: Business Phone #: Business Fax #: PARTICULARS OF SELLER OR PERSON PAWNING (Picture ID, Vehicle Information, Property/Make) Name: Address: DOB (YYYY-MM-DD): Buy Pawn (Slip #) Type/Number Vehicle Description & Licence Plate #: Description of Articles Purchased/Pawned: Model Number: Serial Number or Markings: Time of Purchase: Price Paid: Business Owner’s Signature: Note: Reports must be delivered to Ridge Meadows RCMP or faxed to 604-467-7633 by 9:30 am each Monday. Page 1 of 4 District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: October 15, 2012 and Members of Council FROM: Chief Administrative Officer Meeting: Council Workshop SUBJECT: Animal Control Bylaw No. 6908-2012 EXECUTIVE SUMMARY: On July 16, 2012 Council received a report on the proposed amalgamation of several animal related bylaws. The proposed Animal Control Bylaw replaces the Dog Pound and Dog Control Bylaw 4524- 1991, the Exotic Animal Bylaw 5755-1999 and the Large Animal Control Bylaw No. 2518-1977. This new bylaw is intended to update and simplify language making the content easier to interpret, educate and enforce. The new bylaw combines three previous bylaws into one single bylaw. The proposed new Animal Control Bylaw will include the following:  Aggressive Dog definition and relevant sections replacing the Vicious Dog definition and sections;  Dangerous Dog definition;  New regulations for Rabbits, Pet Stores, Dog Boarders and Dog Walkers;  New definitions added to increase clarity;  New regulations for dog licence revocation; and  Reduced dog licence fees for senior citizens over the age of 65 years. As a result of further research and analysis no breed specific language is proposed in the new bylaw. Two of the more significant changes contemplated are the proposed regulations around the distinction of an Aggressive Dog and a Dangerous Dog and the proposed regulations around Pet Store Operators. An Aggressive Dog is defined as a dog that bites or aggressively harasses or pursues a person or another pet. However, typically the bite is minor and the aggressive behavior is not so distressing as to be considered traumatizing. Furthermore, this designation is typical of a first offence provided the severity of the incident is not considered extreme. A Dangerous Dog designation is defined in the Community Charter and is used for serious or multiple attacks where the dog has bitten a person or another pet and the Animal Control Officer believes there is a serious threat to public safety. The proposed regulation regarding Pet Store Operators is designed to support animal population control and to regulate the living conditions of the animals. The fee structure has also been amended to reduce dog licence fees for senior citizens over the age of 65 years old to fifty percent of the annual fee. RECOMMENDATION(S): That Animal Control Bylaw No. 6908-2012 be referred to a regular Council meeting. Page 2 of 4 Background: The original report provided for discussion the concept of breed specific legislation. There has been mixed public response to this proposal however, the BCSPCA, who is currently the District’s contractor for Animal Control, provided staff with the following written statement on the matter: “We are concerned about any consideration to implement breed-specific legislation and have enclosed the BC SPCA’s position statement and rationale. You may also be interested in the recently adopted American Bar Association resolution (August 2012; enclosed), which urges all local legislative bodies to adopt comprehensive breed-neutral dangerous-dog/reckless-owner laws that ensure due process protections for owners, encourage responsible pet ownership and focus on the behavior of both dog owners and dogs. It is a thoroughly researched position and we urge you against adopting a bylaw that would contradict it. We so feel strongly that every municipality needs effective dangerous dog legislation to protect residents and create humane, liveable communities for responsible pet owners and others. Accordingly, we have been working on a new dangerous dog section for our Model Bylaw. In it, we have combined your conceptions of aggressive dog and dangerous animal. It is not breed specific and targets the irresponsible behaviour of owners, making the safety of the humans and animals in the community the first priority.” As stated the proposed bylaw contains no reference to breed specific legislation. The proposed bylaw provides definitions for aggressive and dangerous dogs, but is not breed specific. On a weekly basis staff receive complaints of unlicensed dogs while the District contractor, the SPCA, commonly field stray dog and animal welfare concerns calls. Seasonally, both departments receive calls about animals left in hot vehicles, unleashed dogs on the dykes and in parks or unrestrained dogs transported in open vehicles. Under the proposed Bylaw, wording and sections are proposed to better address these more commonly reported offences. All relevant bylaws are amended to reflect that a Dog means any animal of the canine species. By aligning the wording in all bylaws, dog owners may only have 3 dogs per lot with the exception of properties that qualify for either a hobby kennel permit or commercial kennel licence. This is desirable to discourage backyard breeders. The only remaining section specifying a distinction between what constitutes a “puppy” lies within the Animal Control Bylaw which states that Dogs over the age of 4 months are required to be licensed. Staff continues their efforts to educate the public about licensing and kennel requirements. There is no reference for Vicious Dogs within the Community Charter. It addresses both Aggressive and Dangerous Dogs; therefore, our bylaw will now reflect that wording. There is a proposed definition and sections pertaining to Rabbit ownership. This is necessary to proactively address the possibility of Rabbit over-population as faced in jurisdictions such as Ladner, Richmond, Kelowna and Vancouver Island. The purpose is to encourage existing Pet stores to alter the Rabbits prior to adoption. There are several new definitions including Dog Boarding, Dog Daycare and Dog Walker that are added to more accurately reflect dog related careers. Dog Boarding and Dog Daycare are distinctly different. Dog Boarding is permitted in the A-1, A-2 and A-3 zones for commercial kennels. These zones are designed for overnight and extended stays ranging from days to weeks. Dog Daycare is designed for care while the owner is away at work between the hours of 7 am and 7 pm. The Page 3 of 4 permitted zones would include some commercially zoned properties in addition to the A-1, A-2, and A-3 zones. Dog licence revocation is not a common practice currently; however, with the introduction of the Aggressive Dog sections, it is important to have language that spells out the consequence for failing to meet the specifics of the bylaw. It is hard to predict the frequency this clause will be utilized, but, recognizing that aggressive and dangerous dogs pose a safety concern for residents is paramount. Pet Stores: Currently, Pet Store operators are not regulated within our bylaws. Proposed changes are broken down by general regulations for all animals and specific regulations for specific animals. The legislation is designed to support animal population control and to regulate the living conditions. This legislation is supported by BCSPCA and is consistent with other lower mainland jurisdictions. Proposed Fees: The bylaw creates a reduced fee schedule for seniors 65 years old and older. Frequently, Staff receives requests to reduce the fees for seniors. Recommending a reduced fee for seniors reflects the contribution seniors are making in our community. The proposed fee changes are as follows: Schedule A – Impound Fees - Dogs Existing For Each Vicious or Dangerous Dog (a) first impoundment $500.00 (b) subsequent impoundment $1000.00 Amendment For Each Aggressive Dog First impoundment $500.00 Subsequent impoundment $1000.00 Schedule B – Licensing Fees Existing Prior to January 31 After January 31 Male or female dog $52.00 $68.00 Altered dog $25.00 $41.00 There are no proposed changes to these existing fees. New Addition Senior rate (65 and over) Prior to January 31 After January 31 Male or female dog $27.00 $34.00 Altered dog $12.50 $20.50 New Addition Aggressive dog – Year round fee $200.00 Schedule B Amendment: Removal of Section 4 as follows: A rebate of fifty per cent (50%) of the licence fee paid shall be given to an owner who provides the Corporation with a written application during the current year and reasonable proof of the death of the licensed dog in the first six months of the year. Page 4 of 4 Rebating dog licensing fees if the dog dies in the first half of the year should be annexed. Staff expends considerable effort to licence a dog. Returning money on a fee that is minimal in the first instance is costly in terms of staff resource time. Staff recommends omitting this subsection in the new bylaw. Consultation: Staff consulted with and received input from the Parks and Leisure Department, the BCSPCA and the Municipal Solicitor in the creation of this Bylaw. CONCLUSIONS: The proposed Animal Control Bylaw will provide simple and clear language. It is in the public interest to have specific and clearly defined rules to promote responsible dog ownership. The proposed Animal Control Bylaw replaces a number of outdated bylaws and provides the public and staff with one comprehensive Animal Control Bylaw that is easy to read, understand and enforce. Staff intends to embark on an education program in 2013 on the new Bylaw to assist the public and businesses with the new legislation. There is no reference to breed specific legislation. Two of the more significant contemplated changes are the proposed regulations around the distinction of an Aggressive Dog and a Dangerous Dog and the proposed regulations around Pet Store Operators. An Aggressive Dog is defined as a dog that bites or aggressively harasses or pursues a person or another pet. The proposed regulation regarding Pet Store Operators is designed to support animal population control and to regulate the living conditions of the animals. The fee structure has also been amended to reduce dog licence fees for senior citizens over the age of 65 years old to fifty percent of the annual fee. Staff recommends Council forward Animal Control Bylaw No. 6908-2012 to Council for three readings. “Original signed by E.S. (Liz) Holitzki” __________________________________________ Approved by: E.S. (Liz) Holitzki Director: Licences, Permits and Bylaws “Original signed by Frank Quinn” _______________________________________________ Approved by: Frank Quinn, MBA, P.Eng General Manager: Public Works and Development Services “Original signed by J.L (Jim) Rule” __________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Office Appendix I – Animal Control Bylaw 6908-2012 APPENDIX I District of Maple Ridge Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 Effective Date: 2012 DRAFT District of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 Table of Contents Part 1 Citation............................................................................................................. 2 Part 2 Severability ...................................................................................................... 2 Part 3 Previous Bylaw Repeal .................................................................................... 2 Part 4 Definitions ........................................................................................................ 3 Part 5 Interpretation ................................................................................................... 8 5.1 Authority of an Animal Control Officer ................................................................ 8 5.2 Animal Control Facility ......................................................................................... 8 5.3 Animal Control Officer Duties ............................................................................. 9 5.4 Exempt Animals ................................................................................................... 9 5.5 Exempt Facilities ............................................................................................... 10 Part 6 Regulations Applicable to the Keeping and Licencing of Dogs ..................... 10 6.1 Number of Dogs Allowed................................................................................... 10 6.2 Licencing ............................................................................................................ 10 6.3 Revocation of a Dog Licence ............................................................................ 11 6.4 Exemption .......................................................................................................... 12 6.5 Dog Walking ....................................................................................................... 12 6.6 Dog in Heat ........................................................................................................ 12 Part 7 Regulations Applicable to All Animals ........................................................... 13 7.1 Running At Large ............................................................................................... 13 7.2 Animal waste ..................................................................................................... 13 7.3 Protection of animals ........................................................................................ 13 7.4 Transportation of animals ................................................................................. 14 7.5 Trapping ............................................................................................................. 14 7.6 Diseased animals .............................................................................................. 14 7.7 Dangerous Animals and Aggressive Dogs ....................................................... 15 7.8 Guard Dogs ........................................................................................................ 16 Part 8 Impoundment ................................................................................................ 17 8.2 Disposal ............................................................................................................. 18 Part 9 Other Animals ................................................................................................ 18 9.1 Prohibited Animals Keeping, Breeding, Sale and Purchase of ...................... 18 Part 10 Cats ................................................................................................................ 19 Part 11 Livestock ........................................................................................................ 19 Part 12 Boarding Kennels .......................................................................................... 20 Part 13 Pet Stores ...................................................................................................... 20 13.1 Duties of a Pet Store Operator - General ......................................................... 20 13.2 Duties of a Pet Store Operator – Segregation of Ill or Injured Animals ......... 22 13.3 Duties of Pet Store Operator – Veterinary Care .............................................. 23 13.4 Duties of Pet Store Operator – Pet Store Register .......................................... 23 13.5 Duties of Pet Store Operator – Information Provided to Purchasers ............ 24 13.6 Duties of Pet Store Operator – Reptiles .......................................................... 25 13.7 Pet Store Operator – Prohibitions .................................................................... 26 Part 14 Offence and Penalty ...................................................................................... 26 Schedule A - Fees & Charges .......................................................................................... 28 Schedule B - Prohibited Areas……………………………………………………………………………..30 Schedule C - Off Leash Areas………………………………………………………………………………31 Schedule D - Application for Release of Aggressive Dog……………………………………….32 Schedule E - Prohibited Animals………………………………………………………………………….34 Animal Control and Licencing Bylaw No. 6908-2012 Animal Control and Licencing Bylaw No. 6908-2012 1 District of Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 A bylaw to provide for the regulation, keeping, breeding, sale, purchase, displaying and impounding of animals within the municipal boundaries of the District of Maple Ridge under the Community Charter. WHEREAS the Council of The District of Maple Ridge deems it expedient to provide for a bylaw for the provision of services, the regulation, impoundment, display and protection of animals, and the licencing of dogs within the municipal boundaries of the District; And WHEREAS paragraph 8 (3) (k) of the Community Charter, SBC 2003, c. 26 provides general authority to regulate, prohibit and impose requirements by bylaw in relation to animals; And WHEREAS Section 47 of the Community Charter provides that a bylaw passed under section 8 (3) (k) may establish different classes of animals on the basis of sex, age, size or breed. And WHEREAS Section 48 of the Community Charter provides authority for the seizure of animals and related powers; And WHEREAS the Council has received complaints and reports of unprovoked attacks on other Animals and persons by Dangerous or Aggressive Dogs; NOW THEREFORE, the Council of the District of Maple Ridge enacts as follows: Animal Control and Licencing Bylaw No. 6908-2012 2 Part 1 Citation 1.1 This bylaw may be cited as Animal Control and Licencing Bylaw No. 6908- 2012. Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsequent, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Maple Ridge Large Animal Pound Bylaw No. 2518-1977; 3.2 Maple Ridge Exotic Animal Bylaw No. 5755-1999; and 3.3 Maple Ridge Dog Pound and Dog Control Bylaw No. 4524-1991, and the following amendment bylaws are hereby repealed: Amendment Bylaw Effective Date Bylaw No. 2766-1980 February 18, 1980 Bylaw No. 3476-1984 November 5, 1984 Bylaw No. 4647-1992 February 3, 1992 Bylaw No. 5050-1994 December 19, 1994 Bylaw No. 5268-1995 May 9, 1995 Bylaw No. 5299-1995 September 26, 1995 Bylaw No. 5468-1996 October 8, 1996 Bylaw No. 5584-1997 July 15, 1997 Bylaw No. 5873-1999 January 25, 2000 Bylaw No. 6004-2001 February 12, 2002 Bylaw No. 6422-2006 November 28, 2006 Bylaw No. 6463-2007 February 13, 2007 Bylaw No. 6582-2008 June 24, 2008 Bylaw No. 6628-2008 November 25, 2008 Bylaw No. 6693-2009 January 12, 2010 Animal Control and Licencing Bylaw No. 6908-2012 3 Part 4 Definitions 4.1 In this bylaw, unless the context otherwise requires, the following words have the following meanings: “Aggressive Dog” means (a) a dog that has attacked, bitten or caused injury to a person or has demonstrated a propensity, tendency or disposition to do so; or (b) a dog that has bitten, killed or caused injury to a domestic animal; or (c) a dog that has aggressively pursued or harassed a person or domestic animal; or (d) a dog with a known propensity to attack or injure a person without provocation; or “Altered” means a female animal that has been spayed or a male animal that has been neutered. “Animal Control Officer” means a Bylaw Enforcement Officer, SPCA Officer, Peace Officer, Police Officer or Pound Keeper. “At Large” means: (a) in a Public Place listed in Schedule B of this bylaw; (b) in a place other than the premises of the Owner while not on a leash and in the immediate and effective control of the Owner; (c) on any property without the consent of the registered owner or occupier of that property; or (d) being in a designated off-leash area, where permitted, but not under the immediate and effective control of the Owner. “Breeding” means the process of mating dogs or animals to produce, by deliberate selection, offspring for the purposes of sale or remuneration. “Captive Bred” means bred in captivity such that both parents were in human care at the time of mating. “Client Dog” means a dog that a Dog Walking Business or Commercial Dog Walker walks for a fee. Animal Control and Licencing Bylaw No. 6908-2012 4 “Commercial Dog Walker” means a person who owns or is employed by a Dog Walking Business, who walks Client Dogs. “Commercial Kennel” means a Kennel limited to the keeping, training, Breeding and Dog Boarding for remuneration or for the purposes of sale, of the number of dogs specified in the licence and not to exceed a density of fifty (50) dogs per site. “Council” means the Council of the District of Maple Ridge. “Dangerous Animal” means an animal: (a) that according to the records of the District, including the SPCA or the Ridge Meadows RCMP has killed or injured a person or Pet, or, without provocation has aggressively pursued or harassed a person; or (b) that to the knowledge of the Owner, has killed or injured a person or Pet, or, without provocation, has aggressively pursued or harassed a person. “Deliver” means to send by regular or registered mail, or to leave with a person, or deposit in a person’s mail box or mail slot at the person’s residence or place of business. “District” means the Corporation of the District of Maple Ridge and the geographical area within the boundaries of the District of Maple Ridge. “Dog Boarding” means to feed, house, and care for a dog for a fee. “Dog Walking Business” means a business that provides a service of walking dogs for a fee. “Enclosure” means a structure at least 1.8 metres (5.9 feet) in height having a solid floor, and wire or steel mesh sides and roof, constructed that it prevents the entry of young children and the escape of a dog, and specifically excludes invisible fencing systems. “Exotic Animal” means an animal as defined in Schedule E of this bylaw. “Guard Dog” means a dog that is specifically trained for or used primarily for the purposes of guarding property, including residential, commercial and industrial property and is registered as a Guard Dog in accordance with this bylaw. “Highway” means every Highway within the meaning of the Transportation Act and amendments thereto; every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles; and every private place or passageway to which the public, for the purpose of Animal Control and Licencing Bylaw No. 6908-2012 5 parking or servicing of vehicles, has access or is invited; and includes disabled zones and the roadway, shoulder, boulevard, ditch and sidewalk and whatever lands lie between the property lines of the Highway. “Impounded” means seized, delivered, received or taken into the Pound or in the custody of the Animal Control Officer as provided for herein. “Inspector” means the Director of Licences, Permits and Bylaws or their designate. “Keep” means the act of having the care, custody, control or possession of an Animal. “Leash” means a chain or other material capable of restraining the animal on which it is being used. “Licence Year” means the period between January 1 and December 31 in any year. “Livestock” includes, but is not limited to: i) a horse, mule, ass, swine, emu, ostrich, llama, alpaca, sheep or goat; ii) domestically reared or kept deer, reindeer, moose, elk, or bison; iii) farm bred fur bearing animals including foxes or mink; iv) animals of the bovine species; v) animals of the avian species including chickens, turkeys, ducks, geese, or pheasants; and vi) all other animals that are kept for agricultural purposes, but does not include Pets. “Medical Health Officer” means a medical health officer designated under section 71 of the Public Health Act. “Muzzle” means a humane fastening or covering device of adequate strength placed over the Dog’s mouth designed to prevent the dog from biting or injuring any person or another animal. “Owner” means a person: i) to whom a licence for a dog has been issued under this bylaw; or ii) who owns, is in possession of, or has the care or control of an animal, temporarily or permanently; or iii) who harbours, shelters, permits or allows an animal to remain n or about that person’s land or premises; or iv) who is the custodial parent or legal guardian of a child under the age of eighteen (18) years who owns, is in possession of, or has the care or control of a dog. Animal Control and Licencing Bylaw No. 6908-2012 6 “Pet” means a domesticated animal, but does not include Livestock, Poultry, or wildlife as defined under the Wildlife Act. “Picnic Eating Areas and Picnic Shelters” means any area with picnic tables constructed, installed, and maintained by the District. “Playground” means land within the District, or controlled by the District, upon which structures and/or apparatus are placed intended for the use by children including but not limited to swings and slides. “Prohibited Animal” means any animal that is or is deemed to be potentially harmful to humans by nature, aggression, venom, toxins or size and that require specifically designed, secure enclosures to ensure Safekeeping including those prohibited listed on Schedule E. “Poultry” means a chicken, turkey, duck, goose, pigeon, swan or peafowl, but excludes birds that are kept inside a home as Pets. “Pound” means any building or enclosure or place established for impounding Animals by the Council under the provisions of this bylaw. “Pound Keeper” means the person or people appointed from time to time by Council, to be Pound Keeper or the authorized agent of any corporation or society with whom the Council has an agreement to act as Pound Keeper, or any other person or persons that Council may authorize to assist the Pound Keeper to enforce this bylaw. “Public Place” includes but is not limited to any Highway, boulevard or park, or other real property owned, held, operated or administered by the District or by a school district located in the District. “Rabbit” means a domestic rabbit. “Safekeeping” means the provision for security in order to prevent any animal from attacking or injuring a person or domesticated animal or Livestock or exposing same to infection or disease. “Senior” means a person aged 65 years or older. “SPCA” means the Maple Ridge branch of the British Columbia Society for the Prevention of Cruelty to Animals. “Sports Field” means land within the District, or controlled by the District, which is designated and used for the playing of a sport including, but not limited to, basement diamonds, field hockey or cricket pitches, rugby, soccer, or football fields. Animal Control and Licencing Bylaw No. 6908-2012 7 “Swimming Beach” means any beach that is so designated by sign as a beach used for swimming or sunbathing. “Trap” means a device or trap that grips a mammal’s body or body part including, but not limited to, steel-jawed leg hold traps, padded leg hold traps, conibear traps and snares; provided, however that cage and box traps, nets, suitcase-type live beaver traps common mouse and rat traps shall not be considered a trap for the purposes of this Bylaw. “Toxic” means capable of a seriously harmful or fatal reaction in a human adult or child by means of a bite, sting, scratch or physical contract. “Unaltered Animal” means an animal that has not been spayed or neutered. “Under Control” means, in respect of any dog, leashed or unleashed, such circumstances where the dog: i) immediately returns when called by the Owner who owns or has care and control of the dog; and ii) is not aggressive towards, harassing or attacking any person, wildlife, other animal or Pet. “Venomous” means possessing venom which is seriously harmful or fatal to a human adult or child. “Wild Animal” means an animal as defined in Schedule E of this bylaw. Animal Control and Licencing Bylaw No. 6908-2012 8 Part 5 Interpretation 5.1 Authority of an Animal Control Officer 5.1.1 An Animal Control Officer may enter, at reasonable times and with reasonable notice, upon any land in the District for the purpose of: (a) ascertaining whether the requirements of this bylaw are being observed; or (b) seizing and impounding animals under this bylaw. 5.1.2 An Animal Control Officers may seize and impound: (a) Unlicensed dogs; (b) animals unlawfully at large on a Highway or in a Public Place, (c) animals straying or trespassing on private property, or (d) animals on unfenced land and not securely tethered or contained. 5.1.3 No person shall: (a) rescue or attempt to rescue any animal in the lawful custody of an Animal Control Officer; (b) directly or indirectly, delay or interfere with an Animal Control Officer issuing a Municipal Ticket Information or Bylaw Notice; (c) refuse to comply with the lawful direction of an Animal Control Officer; or (d) hinder, interfere with or obstruct an Animal Control Officer acting in the course of his duties. 5.2 Animal Control Facility 5.2.1 Council establishes the SPCA building at 10235 Jackson Road, Maple Ridge (District Plan BCP 43808. Lot A, section 3, Township 12) as the District’s Animal Control Facility and appoints the SPCA to operate and maintain the Animal Control Facility. 5.2.2 Council may from time to time appoint a Pound Keeper for temporarily keeping At Large Livestock and other animals. Animal Control and Licencing Bylaw No. 6908-2012 9 5.3 Animal Control Officer Duties 5.3.1 The Animal Control Officer shall: (a) maintain records of Impounded animals and their disposition; (b) report monthly to the Council, or its designate, on the information maintained in accordance with paragraph (a) of this section and the amount of money collected for poundage fees and proceeds of sales; (c) care for all Impounded animals in accordance with the Animals for Research Act, R.S.O. 1990 c. A. 22, as amended, and the regulations thereunder; (d) collect from the Owner of any Impounded animal, the impound fees and any other fees and charges collected pursuant to the Maple Ridge Fees Imposition Bylaw No. 6748-2010; (e) ensure that every Impounded animal, during its period of detention is supplied with sufficient water and food; (f) ensure any cow or goat is milked at least twice per day; (g) ensure that every Impounded animal suffering an illness or injury receives veterinary care; (h) keep the Pound open for business Monday through Friday from 9:00 am to 6:00 pm, Saturday and Sunday from 9:00 am to 5:00 pm and statutory holidays from 9:00 am to 5:00 pm except in the case of the Livestock Pound Keeper; (i) retain such Dog or large Animal for seventy two (72) hours unless such Dog or Animal is reclaimed in accordance with Part 9 of this Bylaw. 5.4 Exempt Animals 5.4.1 This bylaw does not apply to the following: (a) animals used by government law enforcement agencies; (b) animals being driven or conveyed through and beyond the District; or Animal Control and Licencing Bylaw No. 6908-2012 10 (c) any animal which is regulated or permitted by a valid and subsisting Federal or Province of British Columbia permit or licence. 5.5 Exempt Facilities Schedule E does not apply to prevent the keeping or Safekeeping of animals at: (a) the premises of the municipal facility used for keeping Impounded animals; (b) the premises of an affiliate or branch of the SPCA; (c) the premises of an accredited veterinary hospital under the care of a licenced veterinarian; (d) the premises of facilities accredited by the Canadian Association of Zoos and Aquariums; or (e) the premises of an establishment licenced pursuant to the Food Safety Act, S.B.C. 2002, c28. Part 6 Regulations Applicable to the Keeping and Licencing of Dogs 6.1 Number of Dogs Allowed 6.1.1 No Owner shall Keep, or permit to kept, more than three (3) dogs on any parcel except at the Animal Control Facility, or in the lawful and licenced operation of a Pet store, veterinary medical clinic, Pet care establishment, commercial kennel or hobby kennel. 6.2 Licencing 6.2.1 No Owner shall Keep a dog, or permit a dog to be kept, in the District unless a current valid dog licence has been obtained from the District for that dog. 6.2.2 Every Owner of a dog shall in respect of each Licence Year make application to the District for a dog licence on the form provided by the District, and shall pay the fee set out in Schedule “A” as well as all outstanding fines, charges and fees related to the dog. 6.2.3 If a dog is validly licenced outside the District and is moved to the District, the Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. Animal Control and Licencing Bylaw No. 6908-2012 11 6.2.4 If a dog licenced within the District is transferred to a new Owner, the new Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.5 A licence for an Aggressive Dog shall not be issued unless the dog has a microchip or a numeric or alpha-numeric identification tattoo, the details of which must be included in the application for a licence or licence renewal. 6.2.6 Where a licenced dog becomes an Aggressive Dog by operation of this bylaw the Owner shall produce the existing licence to the District within fourteen (14) days and pay the licence replacement fee set out in Schedule “A”. 6.2.7 Every Owner shall ensure that a valid dog licence tag is displayed on the dog at all times by affixing it to the dog’s collar or harness. 6.2.8 If a dog licence is lost, stolen or otherwise rendered unreadable, the dog Owner shall within fourteen (14) days make application to the District to replace the tag and pay the licence replacement fee set out in Schedule “A”. 6.2.9 Every dog licence issued under this bylaw expires on the thirty first (31) day of December in the year it was issued and is valid only for the dog for which it is issued. 6.2.10 No dog licence shall be issued to or in the name of any person under the age of eighteen (18) years. 6.2.11 Dogs used as a guide animal pursuant to the Guide Animal Act are exempt from the licencing fees. 6.3 Revocation of a Dog Licence 6.3.1 An Inspector may revoke a licence if: (a) an Owner fails to pay any impoundment fees in relation to their dog; (b) an Owner has obtained more Licences than permitted on one lot; (c) a person under the age of eighteen (18) falsely registered a dog in his name; or (d) subsequent to licensing, a dog is found to be or becomes an Aggressive Dog. Animal Control and Licencing Bylaw No. 6908-2012 12 6.3.2 A person whose dog licence has been revoked under this bylaw shall be given written notice, delivered to the address indicated on the dog licence application. 6.3.3 Should an Owner whose dog licence is revoked for a reason other than failing to pay any required fees, wish to contest the revocation, that person must within seven (7) days of the date of the notice, inform the District’s Clerk in writing that he or she wishes to appear before Council to contest the revocation. Upon hearing from the Owner, staff and any other affected persons, Council may affirm, vary or revoke the licence revocation. 6.4 Exemption 6.4.1 Section 6.1 and 6.2 do not apply to: (a) A dog established by the Owner to be under the age of four (4) months; and (b) A dog kept at the Animal Control Facility, or in the lawful and licenced operation of a pet store, veterinary medical clinic, or pet care establishment. 6.5 Dog Walking 6.5.1 No Owner shall: (a) allow a dog to be in a place that is listed in Schedule “B” of this bylaw; (b) fail to keep a dog Under Control in an area listed in Schedule “C” of this bylaw; (c) walk more than three (3) Dogs in any Public Place at any one time. 6.6 Dog in Heat 6.6.1 The Owner of a female Unaltered Dog shall at all times when the dog is in heat either: (a) keep the dog securely confined indoors or within a building or enclosure which will prevent the escape of the dog or the entry of other dogs; or (b) keep the dog securely on a leash while it is being walked off the Owner’s property. Animal Control and Licencing Bylaw No. 6908-2012 13 Part 7 Regulations Applicable to All Animals 7.1 Running At Large 7.1.1 The Owner of an animal, with the exception of a cat, shall not allow or permit that animal to be At Large. 7.2 Animal waste 7.2.1 Where an Animal deposits excrement on any place, other than the property of the Owner, the Owner shall immediately remove the excrement and dispose of it in a sanitary manner. 7.3 Protection of animals 7.3.2 Every Owner of an animal shall ensure that the animal is provided with: (a) clean, potable drinking water at all times, and suitable food of sufficient quantity and quality to allow for normal growth and the maintenance of normal body weight; (b) clean and disinfected food and water receptacles that are located so as to avoid contamination by excrement; (c) the opportunity for periodic exercise sufficient to maintain good health; and (d) necessary veterinary care when the animal exhibits signs of pain or suffering. 7.3.3 No Owner shall Keep an animal outside, unless the animal is provided with a shelter that meets the following requirements: (a) protection from heat, cold and wet that is appropriate for the animal’s weight and type of coat; (b) sufficient space to allow the animal the ability to turn about freely and to easily stand, sit and lie in a normal position, and specifically with a length of at least one half (1 ½) times the length of the animal and a height of at least the animal’s height measured from the ground to the highest point of the animal when standing at a normal position plus ten (10%) percent, and a width of at least the same as the animal’s length; and (c) protection from the direct rays of the sun. Animal Control and Licencing Bylaw No. 6908-2012 14 7.3.4 Every Owner of an animal shelter, pen, cage, run area or Poultry pen shall ensure that the area is clean, sanitized, free of vermin, and that all excrement is removed at least once a day. 7.3.5 No Owner shall cause an animal to be hitched, tied or fastened by any rope, chain or cord that is directly tied around the animal’s neck or to a choke or prong collar. 7.4 Transportation of animals 7.4.1 No Owner shall cause or permit an animal to be confined in an enclosed space, including a motor vehicle or boat, unless: (a) fresh air ventilation is provided by a vent or opening at least five hundred (500) cm2 (77.5 in2); and (b) the temperature in the enclosed space does not exceed thirty (30) degrees Celsius. 7.4.2 No Owner shall transport an animal in a vehicle outside of the passenger compartment unless it is confined to a pen or cage, or unless it is secured in a body harness or other manner of fastening to prevent it from jumping or falling off the vehicle or otherwise injuring itself. 7.5 Trapping 7.5.1 No person shall use a Trap in a Public Place within the boundaries of the District. 7.5.2 No person shall use a Trap on private property within the boundaries of the District, except a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations 7.5.3 No person shall sell a Trap within the boundaries of the District, except to a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations. 7.6 Diseased animals 7.6.1 When the Animal Control Officer has reason to believe that an animal is suffering the Animal Control Officer may have the animal examined by a veterinarian and if the examination demonstrates that the animal is suffering he shall order the Owner to have the animal treated or destroyed. 7.6.2 If the Owner fails to comply with the order made by the Animal Control Officer or the treatment provided by the Owner is insufficient Animal Control and Licencing Bylaw No. 6908-2012 15 to address the animal’s suffering, and the Animal Control Officer considers that the animal’s suffering cannot otherwise reasonably be addressed, he may seize the animal and arrange to have the animal humanely destroyed. 7.7 Dangerous Animals and Aggressive Dogs 7.7.1 Every Owner of a Dangerous Animal or an Aggressive Dog shall at all times keep the animal: (a) Securely confined indoors such that the animal cannot escape; or (b) in an enclosed pen or cage that prevents the entry of young children and prevents the animal from escaping, if the animal is not a dog; or (c) in an enclosure as defined by the bylaw if the animal is a dog or enclosed in accordance with section 8.2 of this bylaw if the dog is a registered Guard Dog; or (d) on a leash or tether no more than 1.5 meters (4.9 feet) in length and made of sturdy material not attached to a retracting mechanism held by and under the immediate control of a competent adult skilled in animal control. 7.7.2 In addition to section 7.1.1 (a) every Owner of an Dangerous Animal or an Aggressive Dog shall ensure that the animal wears a Muzzle while in a Public Place. (b) every Owner of an Aggressive Dog shall tattoo or implant an electronic identification microchip in the Animal. A copy of this information contained thereon must be provided to an Animal Control Officer prior to a licence being issued for that Aggressive Dog. (c) every Owner of an Aggressive Dog or Dangerous Dog shall post warning signs which give clear notice of the Dog or Animals presence to anyone visiting the property as follows: i) with lettering stating that a “Dangerous Animal” or Aggressive Dog” on premises”, and the sign shall contain no other “copy” as defined by the Maple Ridge Sign Control Bylaw; Animal Control and Licencing Bylaw No. 6908-2012 16 ii) the lettering on the signs must be clearly visible from the lesser of the curb line or 15 meters (49.2 feet) away; iii) the signs must be posted in each driveway and entrance to the property and, if other than a single family property, at all exterior doors of the building; and iv) the signs must not be larger 1.5 square meters (4.9 square feet), nor smaller than .75 square meters (2.5 square feet). (d) every Owner of an Aggressive Dog or a Dangerous Animal shall build an enclosure on their property as defined by this bylaw. (e) every Owner of an Aggressive Dog or Dangerous Animal shall notify in writing an Animal Control Officer within three (3) days should the Aggressive Dog or Dangerous Animal die or be moved, sold, gifted, transferred to another person. The Owner remains liable for the actions of the Aggressive Dog or Dangerous Animal until such notice is given. (f) every Owner of an Aggressive Dog or Dangerous Animal shall immediately notify an Animal Control Officer when that Dog is running At Large. 7.8 Guard Dogs 7.8.1 Every Owner of a Guard Dog, which is not confined within a locked building on the property, shall ensure that the outdoor area where the Dog is kept is completely fenced by means of a secure fence, constructed in a manner that will Keep the Dog from escaping, with a minimum height of 1.8 meters (5.9 feet), and with gates in the fence secured against unauthorized entry and prevent the Dog from escaping. 7.8.2 Every Owner of a Guard Dog shall post warning signs which give clear notice of the Dogs presence to anyone visiting the property as follows: (a) the lettering in the sign must be clearly visible from the lesser of the curb line or fifty (50) feet away; and (b) the signs must be posted in each driveway or entrance to the property and, if other than a single family property, at all exterior doors of the building. Animal Control and Licencing Bylaw No. 6908-2012 17 7.8.3 Before bringing a Guard Dog into or using a Guard Dog in the District, every Owner of a Guard Dog shall register the Dog with the Inspector as a Guard Dog and record with the Inspector: (a) the address where the Dog is usually kept and the address of each parcel that the Dog will be guarding; (b) the approximate hours during which the Dog will be performing guard duties; (c) the age, sex, breed and Dog licence number of the Dog; and (d) the full name, address and telephone number of the Owner and any other individuals who will be responsible for the Dog while it is on guard duty. 7.8.4 Should any of the information provided under section 6.8.3 need to be changed, the Owner shall communicate the change in writing to the Inspector at least twenty-four (24) hours before the change occurs. Part 8 Impoundment 8.1.1 An Animal Control Officer may: (a) alone or with others, seize, impound or detain an Unlicenced Dog; and (b) seize, impound or detain any licenced Dog or other Animal found to be running At Large. 8.1.2 If an Animal is Impounded under this bylaw: (a) the Owner of an Animal that has been Impounded shall recover the Animal from the Animal Control Facility within three (3) days from the time of impoundment; and (b) The Pound Keeper may sell, transfer, or humanely destroy an Animal after seventy two (72) hours from the day of Impoundment. 8.1.3 The Owner of an Aggressive Dog that has been Impounded pursuant to this bylaw may only reclaim the Dog upon application to the Animal Control Officer with the following: (a) proof of ownership of the Aggressive Dog; and Animal Control and Licencing Bylaw No. 6908-2012 18 (b) proof that the Aggressive Dog has been tattooed or can be identified in accordance with section 8.1.2(b) of this bylaw, or that the Owner consents to allow the Animal Control Facility to tattoo the Aggressive Dog; and (c) payment of the fees set out in Schedule “A”; and (d) delivery to the Animal Control Officer of an executed statement in the form prescribed in Schedule “D” of this bylaw. 8.1.4 In addition to the power to seize and detain a Dog under this bylaw, Bylaw Enforcement Officers are designated as Animal Control Officers under section 49 of the Community Charter, and may seize Dangerous Dogs pursuant to those provisions. 8.1.5 Notwithstanding section 9.1.3 of this bylaw, where a Dangerous Dog is seized pursuant to section 49 of the Community Charter or where the District is otherwise making an application under section 49 of the Community Charter for an order for the destruction of a Dangerous Dog, the Animal Control Officer may refuse to release the Dangerous Dog to the Owner in accordance with section 49 of the Community Charter. 8.1.6 The Owner of a Dog seized or Impounded by the District under section 49 of the Community Charter shall pay the impoundment fees prescribed in Schedule “A” in accordance with the number of days the Animal is Impounded, on a weekly basis. 8.2 Disposal 8.2.1 The Animal Control Officer may sell, dispose of or humanely destroy a Dog seized or Impounded under section 49 of the Community Charter for which the impoundment fees are one (1) week overdue. Part 9 Other Animals 9.1 Prohibited Animals Keeping, Breeding, Sale and Purchase of 9.1.1 No Person shall breed, Keep, sell or purchase an Animal in the District: (a) unless permitted under section 5.4 of this bylaw; (b) that is the product of breeding with a wolf, including wolf/Dog cross; or Animal Control and Licencing Bylaw No. 6908-2012 19 (c) that is an Exotic or Wild Animal unless expressly permitted under Provincial or Federal regulations permitting or licencing. 9.1.2 No Person shall operate or carry on a circus, public show, exhibition, carnival or performance in which Exotic or Wild Animals accompany or are required to perform tricks, fight or participate in performances for the amusement or entertainment of an audience. 9.1.3 Notwithstanding section 10.1.2, nothing contained in this bylaw shall prohibit or restrict the operation of an aquarium or zoological park as accredited by the Canadian Association of Zoological Parks and Aquariums. 9.1.4 No person shall, breed, sell, transfer or exchange, or offer to breed, sell, transfer or exchange, for any consideration whatsoever in the District, either on a temporary or permanent basis, any endangered Animal or any Prohibited Animal or Dangerous Animal. 9.1.5 For the purpose of section 10.1.1 through 10.1.5. Prohibited Animals include any Animal listed in or falling within those classes of Animals listed in Schedule “E” attached and forming part of this bylaw. Part 10 Cats 10.1.1 No Owner shall Keep or permit to be kept more than six (6) weaned Altered Cats on any one parcel, except at the Animal Control Facility, or in the lawful and licenced operation of a Pet store, veterinary medical clinic, or Pet care establishment. Part 11 Livestock 11.1.1 No Owner shall Keep or permit to be kept Livestock except as permitted under the District’s Zoning Bylaw, as amended. 11.1.2 No Owner shall suffer or permit any Livestock owned by him or in his charge to: (a) stray or trespass on a Highway; (b) stray or trespass in a Public Place; (c) stray of trespass on a private place; or (d) graze on unfenced land, unless they are securely tethered. Animal Control and Licencing Bylaw No. 6908-2012 20 11.1.3 Every Owner keeping Livestock shall ensure that: (a) flies and other insects are controlled by good manure management by the use of approved insecticides approved by the Pesticide Branch of the Ministry of Environment Province of British Columbia; (b) both the inside and outside of any building, pen, stable, shed or structure housing Livestock is kept clean; and (c) manure does not accumulate on any parcel except in a properly contained manner so that runoff to public watercourses or onto adjacent properties does not occur. Part 12 Boarding Kennels 12.1 No person shall board dogs in the District overnight for a fee except: (a) in the Animal Control Facility established by the District under section 5.4 of this bylaw; (b) in a veterinary medical clinic for the purpose of medical care of treatment; (c) in a Pet store where dogs are for sale; or (d) in a licenced Commercial Kennel. Part 13 Pet Stores 13.1 Duties of a Pet Store Operator - General 13.1.1 Every Pet store operator shall ensure that: (a) no animal be offered for sale or kept in the store unless the Pet Store Owner has well documented information of the name and address of the person or company from whom the animal was acquired; (b) all persons who attend to the care of Animals have the skills, knowledge, ability, training and supplies necessary for the humane care of such Animals; (c) no Animals are handled by members of the public except under supervision of a Pet store employee; Animal Control and Licencing Bylaw No. 6908-2012 21 (d) there is a documented plan acceptable to the BCSPCA of socializing any puppies or kittens to a home environment if they are not purchased by 12 weeks of age. (e) all Animals are provided with sufficient water, food, shelter, warmth, lighting, cleaning, sanitation, exercise, grooming, veterinary care, and any other care required to maintain the health, safety and well-being of such Animals as prescribed by the SPCA; and (f) all Dogs are walked daily. 13.1.2 Every Pet store operators shall ensure that cages or other places where Animals are kept are: (a) maintained in good repair; (b) kept in a clean and sanitary condition; (c) regularly disinfected and free of offensive and disagreeable odours; (d) kept free of all Animal waste, which the Pet store operator must dispose of in an appropriate manner; and (e) well-ventilated. 13.1.3 Every cage in which an Animal is kept shall be: (a) proportionate in size to the size and species of Animal and allow room for the Animal to stand to its full height, turn around with ease, and perform any other normal postural or behavioural movement and cats and dogs should be able to hold their tails erect when in a normal standing position; and (b) primary enclosures should allow animals to see out but should also provide at least some opportunity to avoid visual contact with other animals; and (c) equipped with appropriate containers for food and water. 13.1.4 In addition to the requirements of subsection 13.1.2, every cage in which a Cat or kitten is kept shall: (a) have a floor with an impermeable surface or other such flooring as is approved by the Animal Control Officer; (b) be constructed to support the weight of the Cat or kitten without bending; and Animal Control and Licencing Bylaw No. 6908-2012 22 (c) have a litter pan made from non-absorbent material or a disposable pan containing sufficient litter. 13.1.5 In addition to the requirements of subsection 13.1.2 and 13.1.3, every cage in which more than one Cat or kitten is kept shall provide an elevated platform, surface or surfaces, of adequate size to hold the occupants. 13.1.6 In addition to the requirements of subsection 13.1.2, every cage in which a Dog or puppy is kept shall: (a) have a floor with an impermeable surface or such flooring as is approved by the Animal Control Officer; and (b) be constructed: i) to support the weight of the Dog or puppy without bending; and ii) so that it can be cleaned and sanitized. 13.1.7 Every cage in which Birds are kept shall: (a) be constructed of materials which are impervious to moisture and easy to clean and disinfect; (b) have a removable, impermeable bottom; and (c) be of sufficient size to enable each Bird to fully extend its wings in all directions. 13.1.8 In addition to the requirements of subsection 13.1.7, every cage in which Finches or Canaries are kept shall: (a) contain two (2) perches, mounted so as to encourage flight between each perch; and (b) have adequate space for the Birds to sit comfortably when all Birds are perched at the same time. 13.2 Duties of a Pet Store Operator – Segregation of Ill or Injured Animals 13.2.1 Every Pet store operator shall provide an area for the segregation of Animals which are injured, ill, or in need of special care, treatment or attention, from other Animals in the Pet store. 13.2.2 In addition to the provisions of subsection 13.2.1, every Pet store operator who has an Animal in his care, which is, or appears to be, Animal Control and Licencing Bylaw No. 6908-2012 23 suffering from a disease transmittable to humans or other Animals, shall: (a) immediately notify the Medical Health Officer; and (b) ensure that such Animal is kept isolated from healthy Animals, until it has been determined by the Medical Health Officer that such Animal is free from the disease in questions. 13.2.3 Where an operator has received notice from the Medical Health Officer in accordance with subsection 13.2.2, that the Animal: (a) is diseased, the Pet store operator must not permit such Animal to come into contact with, or be in danger of transmitting the disease to, other Animals; or (b) is suffering from an incurable disease, the Pet store operator must make arrangements to have it immediately destroyed in a manner approved by the Medical Health Officer. 13.3 Duties of Pet Store Operator – Veterinary Care 13.3.1 Every Pet store operator shall: (a) post in a conspicuous place, and make accessible to all employees of the Pet store, the name and telephone number of a veterinarian who may be contacted to provide all necessary services; and (b) ensure that: i) any Animal which is ill or injured is promptly examined and treated by a veterinarian; and ii) any necessary euthanasia and disposal of an Animal is performed by, or under the supervision of, a veterinarian. 13.4 Duties of Pet Store Operator – Pet Store Register 13.4.1 Every Pet store operator shall: (a) Keep and maintain a legible Pet store register in the Pet store, containing a record of all transactions in which Animals have been acquired or disposed of by the Pet store; and Animal Control and Licencing Bylaw No. 6908-2012 24 (b) provide the Pet store register for the inspection at the request of a Animal Control Officer and provide copies of any entries required by the Animal Control Officer. 13.4.2 Each transaction recorded in the Pet store shall be retained for at least twelve (12) months from the date of the transaction. 13.4.3 The Pet store register required under subsection 13.4.1 shall contain the following information in respect of each Animal acquired by the Pet store operator: (a) the name of the person or company from whom the Animal was acquired; (b) the date of purchase or acquisition; (c) a description of the sex and color of the Animal purchased or acquired and, where applicable, the tattoo or microchip or other identifying markings; (d) the date the Animal was sold or otherwise disposed of by the Pet store operator; and (e) where an Animal has been disposed of other than by sale, the method and reason for such disposal. 13.5 Duties of Pet Store Operator – Information Provided to Purchasers 13.5.1 Every Pet store operator shall, at the time an Animal is sold, provide the purchaser with a written record of sale containing the following information: (a) a description of the Animal, including its breed or cross breed, sex, age, color and markings; (b) the date of sale; (c) the name and address of the Pet store; (d) a description of any tattoo; and (e) a record of all vaccinations. 13.5.2 For all Rabbits, Dogs or Cats sold, a Pet store operator shall, in addition to the information required under subsection 13.5.1, provide the purchaser with a certificate, dated and signed by a veterinarian: (a) verifying the health of the Rabbit, Dog or Cat; Animal Control and Licencing Bylaw No. 6908-2012 25 (b) indicating proof of inoculation and de-worming; and (c) indicating Animal has been Altered. (d) For each sled dog offered for sale, a life cycle plan for each sled dog must be prepared by the Pet Store Operator in accordance with BC Sled Dog Regulations. 13.5.3 Every Pet store operator shall, at the time an Animal is sold, provide the purchaser with written instructions on the proper care and feeding of the Animal, including: (a) appropriate diet, including any special dietary needs; (b) proper handling techniques; (c) basic living environment and type of enclosure, if applicable, including appropriate temperature, lighting, humidity control, or other requirements specific to the Animal; (d) exercise needs, if any; and (e) any other care requirements to maintain the health and well- being of the Animal. 13.5.4 For all Reptiles sold, a Pet store operator shall, in addition to the information required under subsections 13.5.1 and 13.5.3 provide the purchaser with written information regarding the risks of contracting salmonella and measures to prevent such contraction. 13.6 Duties of Pet Store Operator – Reptiles 13.6.1 Every Pet store operator shall: (a) place a notice outside of each enclosure holding a Reptile clearly setting out the following information: i) the type of species, identified by both common and scientific (Latin) name, contained in the enclosure; ii) the approximate length the Reptile will reach on maturity, measured from snout to tail; iii) the maximum natural life-span of the Reptile; and (b) post signs in any area where Reptiles are displayed with information regarding the risks of contracting salmonella and measures to prevent such contraction. Animal Control and Licencing Bylaw No. 6908-2012 26 13.7 Pet Store Operator – Prohibitions 13.7.1 A Pet store operator shall not: (a) confine incompatible species in the same cage; (b) separate any Animal from its mother prior to it being weaned, except for Birds which have been separated for the purpose of hand feeding; and (c) sell, offer to sell, or display to the public i) any Prohibited Animal; ii) any Reptile which is not Captive Bred; iii) any Animal whose color has been altered or enhanced with dye, whether applied externally or by ingestion; iv) any Animal which suffers from or exhibits signs of an infectious disease, a nutritional deficiency, parasitism, fractures or congenital deformities; or v) any Unaltered Animal. Part 14 Offence and Penalty 14.1 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects to or refrains from doing anything required to be done by a provision of this bylaw, is guilty of an offence and is liable to the penalties imposed under this bylaw, and is guilty of a separate offence each day that a violation continues to exist. 14.2 Every person who commits an offence is liable on summary conviction to a fine or to imprisonment, or to both a fine and imprisonment, not exceeding the maximum allowed by the Offence Act. Schedules Schedule A – Annual Dog Licence Fees Schedule B – Prohibited Areas Schedule C - Off Leash Areas Schedule D - Application for Release of Aggressive Dog Schedule E - Prohibited Animals Animal Control and Licencing Bylaw No. 6908-2012 27 READ A FIRST TIME on [Date] READ A SECOND TIME on [Date] READ A THIRD TIME on [Date] ADOPTED by the Council on[Date] PRESIDING MEMBER CORPORATE OFFICER Animal Control and Licencing Bylaw No. 6908-2012 28 Schedule A - Fees & Charges 1. Dog licence fees shall be as follows: Paid BEFORE Jan 31 of the current calendar year Paid AFTER Jan 31 of the current calendar year (a) Unaltered Dog $52.00 $68.00 (b) Unaltered Dog (Seniors Discount) $26.00 $34.00 (c) Altered Dog $25.00 $41.00 (d) Altered Dog (Seniors Discount) $12.50 $20.50 (e) Aggressive Dog $200.00 $200.00 2. A Dog that is licenced under section 1 (a) qualifies for a rebate of $27.00 if a Certificate of Castration/Ovariohysterectomy is provided as proof from a registered veterinarian. Such proof must be provided within the calendar year in which the fees were paid. 3. A Dog purchased or obtained on or after July 1, which is subsequently licenced within thirty (30) days of purchase, may qualify for a licence fee of $12.50 for an Altered Dog and $26.00 for an Unaltered Dog with proof of Castration/Ovariohysterectomy and proof of purchase or proof of when the Dog was acquired. 4. A fee of $5.00 will be charged for: a. replacing a lost Dog tag; b. transferring a Dog licence from one Owner to another; c. transferring a Dog licence from a deceased Dog to a new Dog; and d. transferring a Dog licence from another District to Maple Ridge. Impound fees 1. For a licenced Dog: (a) First Impoundment $50.00 (b) Second Impoundment $75.00 (c) Third Impoundment $150.00 Animal Control and Licencing Bylaw No. 6908-2012 29 Schedule A - Fees & Charges 2. For an Unlicenced Dog: (a) First Impoundment $75.00 (b) Second Impoundment $150.00 (c) Third Impoundment $300.00 3. For each Dangerous or Aggressive Dog: (a) First Impoundment $500.00 (b) Second Impoundment $1000.00 4. For an altered Cat or unaltered Cat $30.00 minimum 5. For any Livestock $50.00 per day, per Animal 6. For any Poultry $10.00 per day, per Animal 7. For any Rabbit $10.00 per day, per Animal Maintenance Fees (Boarding while Impounded) In addition to the impound fees set out above, the Dog Owner shall be charged a maintenance fee of: 1. For each Dog $15.00 per day, after the first day 2. For each Cat $5.00 per day, after the first day 3. For each Poultry $10.00 per day, after the first day 4. For any Rabbit $10.00 per day, after the first day 5. For any Livestock $25.00 per day, after the first day Animal Control and Licencing Bylaw No. 6908-2012 30 Schedule B – Prohibited Areas Pursuant to section 7.2.1(a), Dogs are prohibited in the following areas: 1. In, on, or within 5 meters of: (a) Playgrounds (b) Sports Fields (c) Municipal Golf Courses (d) Tennis or Basketball Courts (e) Wading Pools (f) Recreational Swimming Beaches (g) Food Service Areas or Concessions (h) Picnic Eating Areas and Picnic Shelters (i) Municipal and Public Buildings (including daycares, recreation, and community centres) 2. Haney Wharf Park Animal Control and Licencing Bylaw No. 6908-2012 31 Schedule C - Off Leash Areas Pursuant to section 7.2, a Commercial Dog Walker is permitted to walk in the following parks or public trails during the posted park or trail operating hours. Pursuant to section 6.2 a maximum of three (3) Dogs per Owner are permitted off leash and under immediate control of an Owner. 1. Jerry Sulina Park (13200 210 St) 2. Volker Park (21113 123 Ave) 3. Albion Fairground Park (23778 104 Ave) 4. Other areas so designated by the District from time to time provided there is adequate signage stating and designating the area of the “Off Leash Park.” Animal Control and Licencing Bylaw No. 6908-2012 32 Schedule D - Application for Release of Aggressive Dog I,________________________________________________________,of (name of Owner) ________________________________________________________________________ ________________________________________________________________________ (address of Owner) In the District of Maple Ridge, British Columbia, hereby apply for the release of a: ________________________________________________________________________ (breed, colour and sex of Dog) Named: ________________________________________________________________________ (given name of Dog) (the “Dog”) which has been Impounded pursuant to the District of Maple Ridge Animal Control and Licencing Bylaw, in force from time to time. 1. I am the Owner of the Dog. 2. I am aware that the Dog is an “Aggressive Dog” within the meaning prescribed by the Bylaw and I am aware of the responsibility and potential liability that rests with me in keeping or harbouring the Dog. 3. In consideration of the release of the Dog to me, I hereby acknowledge, covenant and agree with the District: (a) that I have constructed on the premises where the Dog will be kept an “enclosure” within the meaning prescribed by the Bylaw; (b) that I will at all times when the Dog is not effectively muzzled, on a leash and under the care and control of a person competent to control the Dog indoors or within a securely closed and locked enclosure; (c) that I will save harmless and indemnify the District, its Animal Control Officers and any of its other officers, employees, agents or elected or appointed officials from and against any and all actions, causes of action proceedings, claims, demands, losses, damages, cost of expenses whatsoever and by whomsoever brought relating to the release of the Dog to me or the keeping or harboring of the Dog by me, and without limiting the generality of the foregoing, for any personal injury or death inflicted on any other Animal or any person by the Dog or any damage to property caused by the Dog, and I am aware that if the Dog is ever again to be Animal Control and Licencing Bylaw No. 6908-2012 33 found At Large or not confined as herein before provided, that the District may seize the Dog and I will be liable for costs of impounding and the Dog as an Aggressive Dog under the Bylaw. 4. I submit herewith the sum of $_____________ in payment for all licence and impounding fees payable by me pursuant to the Bylaw. __________________________________ Signature of Owner Animal Control and Licencing Bylaw No. 6908-2012 34 Schedule E - Prohibited Animals 1. All Animals whose importation, possession or sale is prohibited because they are designated as protected or endangered pursuant to an International, Federal, or Provincial law, regulation or agreement. 2. All Venomous or Toxic Animals (which includes retiles and arachnids), regardless of whether the venom glands have been removed. 3. The following Reptiles: (a) All snakes that reach a length of two (2) meters or more on maturity and the following snakes i. amethyst python (Morelia amethistina); ii. burmese python (pyton molarus bivittatus); iii. reticulated python (python reticulates); iv. african rock python (python sebae sebae); v. green anaconda (eunectes murinus); and vi. yellow anaconda (eunectes notaeus) (b) All lizards that reach a length of one (1) meter or more (measured from the snout to tail) on maturity and the following lizards: i. african nile monitor (varanus nilticus); ii. asian water monitor (varanus salvator); iii. papuan monitor (varanus salvadorii); iv. common green iguana (iguana iguana); and v. tatara (spheodonitida) (c) All crocodilians (such as alligators, crocodiles, caimans and ghariel) (d) All aquatic turtles; and (e) All tiger salamanders and axolotyls (mexican salamanders or “walking fish”). 4. All arachnids falling under the conventional classification of “old world”; 5. All bullfrogs; 6. All scorpions, except the pandinus species; Animal Control and Licencing Bylaw No. 6908-2012 35 7. All millipedes, centipedes, mantids, stickbugs, and mafagascar hissing cockroaches. 8. The following species: (a) Canidae, (wolves, jackals, foxes and hybrids there of), except the domestic Dog (b) Cetacean, (beluga whale, orca whale, dolphin) (c) Chiroptera, (bats, including flying foxes) (d) Edentates, (anteaters, sloths and armadillos) (e) Elephantidae, (elephants) (f) Erinacidae, except the African pigmy hedgehog (g) Felidae, except the domestic Cat, including Savannahs and Servals (h) Hyaenidae (hyenas) (i) Lagomorphs (Rabbits, hares and pikas), except the domestic Rabbit (j) Marsupials (kangaroos, opossums and wallabies), except sugar gliders derived from self-sustaining captive populations (k) Mustelidae (mink, skunks, otters, badgers and weasels), except the domestic ferret (l) Pinnipeds, (seals, fur seals and walruses) (m) Primates (gorillas, chimpanzees, lemurs and monkeys) (n) Procyonidea (raccoons, coatimundi and cacomistles) (o) Raptors, diurnal and nocturnal (eagles, hawks, owls, osprey, falcons, kites, vultures and buzzards) (p) Ratites (ostriches, rheas and cassowaries) (q) Rodentia (porcupines and prairie Dogs), except rodents which do not exceed 1,500 grams and are derived from self-sustaining captive populations (r) Ursidae (bears) (s) Viverridae (mongoose, civets and genets) ** the Animals listed in brackets are examples only and do not limit the generality of the listed class of species. Page 1 of 12 District of Maple Ridge TO: His Worship Mayor Ernie Daykin DATE: October 15, 2012 and Members of Council FROM: Chief Administrative Officer ATTN: Council Workshop SUBJECT: Proposed Amending Building Bylaw 6950-2012 EXECUTIVE SUMMARY: Council adopted the current Building Bylaw No. 6825-2012 on June 26, 2012, however the fee schedules which form part of the Bylaw as Schedules A, D, E and F that provide the fees for Building, Plumbing,, Gas and Electrical permits and inspection services were not amended at that time. During Council’s review of the Building Bylaw it was directed that a review of the Bylaw fee structure be brought forward for consideration as well. The purpose of this report is to respond to Council’s request for updated fee schedules for the Building Bylaw. The new updated Building Bylaw has provided the consistency, the new regulations of the Safety Standards Act of BC, the Safety Standards Electrical and Gas Regulations and the new Provincial Sewerage Regulations as anticipated. The amending schedules are attached to this report as proposed Building Bylaw No. 6950-2012 (attached as Appendix I). It is intended that following Council’s review at Workshop the Bylaw will be forwarded to Committee of the Whole. The base building permit fees are calculated the same across the region which is based upon the construction value of the project submitted by the applicant. The proposed fee structure does not impact the overall building permit cost and it is the non-base fees that are the subject of this report. RECOMMENDATION: That Maple Ridge Building Amending Bylaw No. 6950 - 2012 be referred to a regular Council meeting. DISCUSSION: a) Background Context: The attached Amending Building Bylaw sets out updated fee schedules for the various disciplines the District are mandated to enforce. Staff have compared the District’s existing fee structure with other lower mainland local governments fees for the same permits and inspection services and found that our fees are significantly lower and with respect to fees for service the District is subsidizing the construction industry on every permit that is issued. The fee structure within the proposed Bylaw has not been changed or amended since 1998 and requires updating to meet the actual cost of providing the service. The proposed fee structure does not impact the overall building permit valuation as this is based on the "Base Fees" identified at the beginning of Schedule A. After adoption of the new fee Schedules the overall building permit cost will not have changed. The amending fees are to Page 2 of 12 reflect those base permit costs that currently value less than the costs to perform the inspections as most permits require at minimum 3 inspections. Also, those fees in areas that require additional administrative and enforcement efforts have been increased to reflect these additional costs. b) Citizen/Customer Implications: The revisions incorporated within the Draft Amending Building Bylaw have been discussed at our Builders Forums. CONCLUSIONS: The attached Bylaw has been prepared to clearly set out a revised fee structure for building, plumbing, gas and electrical permit fees and inspections to ensure the cost of the delivery of these services by the District is covered in their entirety. A comparison of similar fees from other lower mainland local governments is will be presented to Council for their information. This report responds to Council’s request to provide an updated fee schedule for fees and inspection services provided to the community in the area of construction and development. “Original signed by Stephen Cote-Rolvink” _______________________________________________ Co-Prepared by: Stephen Cote-Rolvink Manager of Inspection Services “Original signed by E.S. (Liz) Holitzki” _______________________________________________ Prepared by: E. S. (Liz) Holitzki Director: Licences, Permits and Bylaws “Original signed by Frank Quinn” ___________________________________________ Approved by: Frank Quinn, MBA, P.Eng General Manager, Public Works & Development Services “Original signed by J.L. (Jim) Rule” ____________________________________________ Concurrence: J.L. (Jim) Rule Chief Administrative Office LH/jd Appendix I – Schedule A, D, E & F Page 3 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “A” – Building Permit Fees Effective xxxx The following fees shall be paid by the applicant for a Permit to construct a Building or a Pool plus taxes where applicable: BASE FEES For market value of Building or Pool or Construction to be done thereon of up to $5000.00 - $150.00 For market value of Building or Pool or Construction to be done thereon of $150.00 plus: $8.95 for each additional $l000.00 or part thereof up to $25,000.00, plus $8.65 for each additional $1000.00 or part thereof up to $50,000.00, plus $8.10 for each additional $1000.00 or part thereof up to $75,000.00, plus $7.60 for each additional $1000.00 or part thereof up to $100,000.00, plus $6.30 for each additional $1000.00 or part thereof up to infinite. NOTE: Building Values shall be based upon current estimated Construction costs. The current edition of the Marshall Valuation Service, the Marshall and Swift Residential Cost Handbook or other valuation tables may be used by the Chief Building Official to determine the market value for the purpose of assessing Permit fees. OTHER FEES Where an application is made for a Building Permit for other than Single Family Detached Dwellings, there will be an additional fee of $85.00 per dwelling unit. In addition to the above, the following fees shall be paid by the applicant for a Permit pursuant to this Bylaw: 1. Permit to erect a retaining wall - first 20m or portion thereof $100.00 for each additional 10m or portion thereof - $45.00 2. Permit to install a fireplace, stove or chimney - $100.00 for each fireplace, stove or flue. 3. Permit to install a Dry Chemical Fire Extinguishing System - $100.00 APPENDIX I Page 4 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “A” – Building Permit Fees Effective xxx 4. Building Demolition Permit - $150.00 per building 5. Temporary Building Permit $150.00 (see bylaw for additional securities) 6. Temporary Second Dwelling Permit - $150.00 (see bylaw for additional securities) Provisional Occupancy Permit - (a) SINGLE FAMILY DWELLING (i) $250.00 (90 day maximum period) (ii) $125.00 renewal (90 day maximum period) (b) MULTI FAMILY DWELLING (i) $120.00 per unit (120 day maximum period) (ii) $60.00 renewal per unit (60 day maximum) (c) OTHER THAN RESIDENTIAL (i) $500.00 per unit (60 day maximum period) (ii) $250.00 renewal per unit (60 day maximum) 8. For Change of Occupancy or use where a Building Permit is not required - $150.00 9. Permit Assignment or Transfer Fee - $150.00 10. Permit Renewal Fee - $150.00 11. Re-inspection Fee where more than 1 re-inspection is required due to the fault of the holder of a Building Permit - $150.00 for each extra re-inspection required. 12. Address Changes and Additional Unit Numbers: (i) If Permit has been issued but no occupancy Permit issued - $150.00 per unit; (ii) Permit application in process but Permit not issued - $75.00 per unit (iii) Occupancy Permit issued or existing buildings, follow fee schedule in accordance with Maple Ridge Building Numbering Bylaw 13. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 14. Miscellaneous, House Move and Special Inspections: (a) during normal working hours - $90.00 per hour; (b) outside normal working hours - $120.00 per hour; Page 5 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “A” – Building Permit Fees Effective xxx (c) minimum charge - 1 hour or as determined by collective agreement 15. A fee of $5.00 per page, for plans for micro film charge or digitization of data over and above the Building Permit Fee. 50 page minimum for single family and duplexes and 300 page minimum for multi residential, commercial, industrial and institutional. 16. Charges as shown below will be applicable for examination of alternate solutions, plans and specifications: (a) Plan Check Fee - $150.00 including up to two hours and $75.00 per hour thereafter (b) Single or Two Family - minimum $150.00 per unit (c) Other than Single or Two Family - minimum $150.00 per Building (d) Initial review of each alternate solution - $400.00 and $200.00 per revision thereof 17. For each written Building record search, for legal purposes a fee of $200.00 per parcel or file is applicable plus a fee of 10 dollars per page for supporting documentation. 18. Business License Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per inspection. 19. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled but in no case shall the penalty amount doubled, exceed $2,500.00 per Building. 20. If the applicant makes an erroneous declaration on the Permit application to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected value. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. 21. A fee of $75.00 for environmental inspection shall be paid for each residential unit with a value in excess of $20,000.00. For each non residential unit a fee of $75.00 per unit shall be paid where the value exceeds $40,000.00. 22. A fee of $150.00 is required for each submission for minor revisions being requested to plans issued in support of a building permit. Any major revisions or revisions requiring structural modifications will be assessed and additional plan check fee as specified in item 16 of schedule “A”. 23. Notwithstanding the permit fees set out in Schedule “A”, a building permit fee may be reduced or waived should the application for the works be made under a District initiated revitalization program. The amount or percentage of reduction applicable will be that value as expressed within the most current revitalization report endorsed by the council of the District. Should a dispute as to the amount of reduction arise the form as retained by the Districts Clerks Department will be the enforceable copy. Page 6 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “D” – Plumbing Permit Fees Effective xxxx The following fees shall be paid by the applicant for a Permit to install, alter or repair Plumbing plus taxes where applicable: 1. Minimum fee for any Plumbing Permit or inspections - $100.00 2. For Plumbing Construction which involves the installation of fixtures: $20.00 for the first fixture plus $18.50 for each additional fixture $10.00 for each roughed in fixture location For the purpose of this Bylaw, “fixtures” shall include Pools, interceptors, hot water storage tanks, automatic washers, roof drains, rainwater leaders, floor drains, radiant heating loops, solar panels, geothermal and built-in dishwashers. Where an application is made for a Plumbing Permit for other than single family detached dwellings, there will be an additional fee of $40.00 per dwelling unit. Permit fees for finishing Plumbing only (installation of fixtures where rough-in Plumbing exists) shall be 50% of the above fees. 3. For Plumbing Construction which involves the connection of hydraulic equipment or the installation of vacuum breakers, backflow prevention devices or similar equipment - $40.00 per item connected or installed. 4. For Plumbing Construction which involves the installation of lawn irrigation systems - $65.00 5. For Plumbing Construction which involves the installation of fire sprinkler systems: (a) for up to fifteen (15) sprinkler heads - $150.00 (b) for each additional sprinkler head - $ 1.00 6. For Plumbing Construction which involves the installation of standpipes, Fire Department connections, fire hose connections and fire hydrants - $35.00 for each hydrant or hose connection. 7. For Plumbing Construction which involves the installation of storm sewers, perimeter foundation drains, sanitary sewers or water service lines: (a) for single or two-family dwellings - $60.00 each (b) for other than single or two-family dwellings: Page 7 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “D” – Plumbing Permit Fees Effective xxxx (i) first 30 metres or part thereof - $60.00 each (ii) each additional 30 metres or part thereof - $30.00 each (iii) each sump, catch basin, rock pit, dry well or manhole - $30.00 8. Re-inspection fee where more than 1 re-inspection is required due to the fault of the Permit holder - $150.00 for each extra re-inspection required. 9. Permit assignment or transfer fee - $150.00 10. Permit renewal - $75.00 11. Miscellaneous and special inspections: (a) During normal working hours - $90.00 per hour; (b) Outside normal working hours - $120.00 per hour; (c) Minimum Charge - 1 Hour or as determined by collective agreement. 12. Charges as shown below will be applicable for examination of plans and specifications: (a) Plan Check Fee - $150.00 including up to two hours and $75.00 per hour thereafter (b) Single or Two Family Dwellings - minimum $150.00 per unit. (c) Other than Single or Two Family Dwellings - minimum $150.00 per Building. 13. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 14. Business License Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per inspection. 15. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled, but in no case shall the penalty amount doubled, exceed $2,500.00 per Building. 16. If the applicant makes an erroneous declaration on the Permit application to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected information. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. Page 8 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “E” – Gas Permit Fees Effective xxxx The following fees shall be paid by the applicant for a Permit to install or alter gas Construction plus taxes where applicable: 1. For gas Construction which involves the replacement of an appliance or the installation of a new gas appliance. (a) for Single or Multi-Family Dwellings: (i) $40.00 per appliance, $100.00 minimum (b) for other than Single or Multi-Family Dwellings: (i) up to 102,000 BTU/hr $60.00 per appliance, $150.00 minimum (ii) 102,001 - 409,000 BTU/hr $70.00 per appliance, $150.00 minimum NOTE: Fees for additional appliances are calculated on BTU rating. 2. Where an application is made for a Permit for other than single family detached dwellings, there will be an additional fee of $40.00 per dwelling unit. 3. Gas Heated Buildings - Building heat loss calculation review (i) $75.00 per Single Family Dwelling. (ii) $15.00 per unit for Multi Family Use - not less than $75.00 per Building/cluster (iii) $150.00 per Building for other than Residential. 4. For gas Construction which involves the installation of vents or furnace plenums only - $75.00 each 5. For gas Construction which involves the installation of house piping: (a) for single or two family dwellings - $75.00 per unit (b) for other than single or two family dwellings: (i) first 30 metres or part thereof - $60.00 per unit plus (ii) each additional 30 metres or part thereof - $30.00 per unit 6. Re-inspection fee where more than one (1) inspection is required due to faulty workmanship or materials - $150.00 for each extra re-inspection required. 7. Permit Renewal - $75.00 8. Permit Transfer - $150.00 9. Miscellaneous and special inspections: Page 9 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “E” – Gas Permit Fees Effective xxxx (a) During normal working hours - $90.00 per hour; (b) Outside normal working hours - $120.00 per hour; (c) Minimum charge - l hour or as determined by collective agreement 10. Charges as shown below will be applicable for examination of plans and specifications on application of Gas Permit. (a) Plan Check Fee - $150.00 per hour including up to two hours and $75.00 per hour thereafter (b) Single or Two Family Dwellings - minimum $150.00 per unit (c) Other than Single or Two Family Dwellings - minimum $150.00 per Building. 11. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 12. Oil and Propane Fee Schedule would follow the Gas Fee Schedule “E” in its entirety. 13. Business Licence Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per inspection. 14. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled, but in no case shall the penalty amount doubled, exceed $2,500.00 per Building. 15. If the applicant makes an erroneous declaration on the Permit application to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected information. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. Page 10 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “F” – Electrical Permit Fees Effective xxxx The following fees shall be paid by the applicant for a Permit to install Electrical Equipment plus taxes where applicable: For one and two Family Dwellings including additions, the Permit fee shall be 15% of the building Permit fee or the minimum electrical Permit fee, which ever is greater. The following additional charges are applicable to one and two family dwelling when the electrical Permit is taken out in conjunction with a building permit: 1. a) Each hot tub or spa $15.00 b) Each hydro massage tub bath $15.00 c) Electrical Heating or based on the value $75.00 minimum of electrical heating contract, which ever is greater d) Air Conditioning/Heat Pumps $15.00 per unit e) Each sub panel $15.00 Fees for all other work not included above For market value of Electrical Equipment, including costs of installation of $0.00 - $1000.00 - $150.00 plus: $23.00 for each additional $l000.00 or part thereof up to $10,000.00 plus $ 10.00 for each additional $l000.00 or part thereof up to $100,000.00 plus $ 7.00 for each additional $l000.00 or part thereof up to $250,000.00 plus $ 5.00 for each additional $l000.00 or part thereof up to $300,000.00 plus $ 4.00 for each additional $1000.00 or part thereof over $300,000.00 to infinite. NOTE: Market values shall be based upon current estimated electrical installation costs. Where an application is made for an Electrical Permit for other than Single Family Detached Dwellings, there will be an additional fee of $30.00 per dwelling unit. Note: Low Voltage Electrical Permits are exempted from this unit charge. In addition to the above, the following fees shall be paid by the applicant for a Permit to install Electrical Equipment. 2. Underground Service Duct - $75.00 3. Temporary: (a) Temporary to permanent connection conversion $75.00 Page 11 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “F” – Electrical Permit Fees Effective xxxx (b) Temporary Service connection $75.00 4. Temporary current Permit for uses other than carnivals: (a) Initial six (6) month period - $200.00 (b) Each additional six (6) month renewal period - $150.00 5. Special Event Permit Including Carnivals: Each Location: $75.00 and minimum fee $150.00 6. Movie Location Fee: (a) One location – valid for 180 days from issuance$150.00 (b) Two locations – valid for 180 days $210.00 (c) Three locations – valid for 180 days $270.00 (d) Four locations – valid for 180 days $300.00 (e) Five locations – valid for 180 days $360.00 (f) Six locations – valid for 180 days $420.00 (g) Seven locations – valid for 180 days $480.00 (h) Eight locations – valid for 180 days $540.00 (i) Nine locations – valid for 180 days $600.00 (j) Annual Permit – unlimited locations $660.00 (k) Additional fee: Inspections outside normal $206.00 minimum or as determined by work hours collective agreement 7. Annual Permit: (a) for commercial or industrial facilities: (i) per KVA of service capacity .15 (ii) minimum fee $150.00 (iii) maximum fee $2,500.00 (b) for educational or institutional facilities - $7.50 for each classroom, shop, laboratory, office, etc. Page 12 of 12 Amended Building Bylaw No. 6950-2012 SCHEDULE “F” – Electrical Permit Fees Effective xxxx 8. Pool Grounding Permit - $100.00 9. Re-inspection fee where more than one (1) re-inspection is required due to faulty workmanship or materials - $150.00 for each extra re-inspection required. 10. Permit Transfer - $150.00 11. Permit Renewal - $75.00 12. Miscellaneous and special inspections: (a) During normal working hours - $90.00 per hour; (b) Outside normal working hours - $120.00 per hour; (c) Minimum charge - One (1) hour or as determined by collective agreement 13. Additional fee for any inspection performed outside the boundaries of the Municipality $0.50 per total km traveled, measured from the Municipal Hall to the site of the inspection along the shortest available highway route and return travel back to municipal hall. 14. Charges as shown below will be applicable for examination of plans and specifications : (a) Plan Check Fee - minimum $150.00 including up to two hours and $75.00 per hour thereafter (b) Single or Two Family Dwellings - minimum $150.00 per unit. (c) Other than Single or Two Family Dwellings - minimum $150.00 per Building. 15. Business License Inspection Fee - minimum $75.00 per inspection, maximum $150.00 per inspection. 16. Where Construction is started prior to obtaining a Permit, the applicable Permit fee shall be doubled, but in no case shall the penalty amount doubled, exceed $2,500.00 per Building. 17. If the applicant makes an erroneous declaration of the Permit value to obtain a lesser Permit fee, the Permit shall be revoked and a new Permit issued using the corrected value. The new Permit shall be calculated according to the corrected Permit value and a 50% administrative fee shall be added to the calculated fee. District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: October 15, 2012 and Members of Council FILE NO: FROM: Chief Administrative Officer MEETING: Workshop SUBJECT: Proposed Heritage Procedures Bylaw No. 6951-2012 and Development Application Fee Amendment Bylaw No. 6952-2012 EXECUTIVE SUMMARY: The District of Maple Ridge has a long history of valuing its heritage that dates back to 1979 when a Municipal Heritage Designation Bylaw was passed for the protection of Haney House. In more recent years there has been an increasing interest in the development and business community with Heritage Revitalization Agreement applications. The first Heritage Revitalization Agreement Bylaw was passed in October 2010 for the Miller Residence, a second followed in May 2011 for the Billy Miner Pub and there are four more applications in progress. This year the District passed its first Heritage Alteration Permit for the Billy Miner Pub and it is anticipated that at least one more will soon be in process for the Turnock Residence in Port Haney, which is currently at Second Reading. With the growing use of these heritage tools, the District does not yet have a formalized procedural bylaw in place to ensure clarity and consistency for property owners. The proposed Heritage Procedures Bylaw is similar to the Development Procedures Bylaw No. 5879-1999, which has established application procedures for all forms of development applications. Along with the proposed Heritage Procedures Bylaw is an amendment to the Development Application Fee Bylaw No. 5949-2001, to add fees associated with the draft Heritage Procedures Bylaw. The proposed bylaw was reviewed by the Community Heritage Commission in April 2012 and the group did not have any specific comments. RECOMMENDATION: That the Heritage Procedures Bylaw No. 6951-2012 and Development Application Fee Amendment Bylaw No. 6952-2012 be forwarded to a regular meeting of Council for consideration. DISCUSSION: a) Background Context: Heritage property owners interested in altering their sites have begun to discover the benefits of utilizing the heritage conservation tools found in the Local Government Act. To date many property owners have added their properties to the District’s heritage conservation program, which offers the following benefits that range from property owners being able to take advantage of special provisions in the BC Building Code Heritage Building Supplement (through being listed on a Community Heritage Register), to negotiating an increase in density or change of use of an existing site in exchange for long-term protection of a heritage site. Evaluating a site for any form of heritage conservation requires somewhat different information for review than would be required for a development application. Therefore, it is prudent to provide consistency and clarity for all possible types of heritage applications, proposed here through a Heritage Procedures Bylaw, which is similar to what is currently in place with the Development Procedures Bylaw 5879-1999. The intent of this Bylaw is to ensure that property owners who are interested in either formalizing the status of their heritage property or outright protecting it over the long-term are provided with a clear and consistent process that has been formalized through Council. Official Community Plan Section 4.3 of the Official Community provides a number of policies that support heritage conservation in Maple Ridge. A Heritage Procedures Bylaw would support the following OCP policies: 4-40 Maple Ridge will encourage the conservation and designation of significant heritage structures, and natural and cultural landscape features in each neighbourhood. 4-44 Maple Ridge will endeavour to use tools available under Provincial legislation more effectively to strengthen heritage conservation in the District. Other planning tools will also be utilized where appropriate to establish a comprehensive approach to heritage management in the District. Main Components of Heritage Procedures Bylaw There are three categories of heritage awareness, conservation, and protection in Maple Ridge:  Heritage Awareness – creating awareness of heritage value for a heritage site;  Formal Heritage Status – formal listing of a heritage property with character-defining elements;  Legal Heritage Protection – Legal protection for a heritage legislated through the Local Government Act. In addition to creating greater consistency and clarity for property owners, the Heritage Procedures Bylaw is also intended to provide more information about the meaning of these three categories of heritage conservation and where further information may be located on each. The role and the proposed procedures for managing each are discussed below: Heritage Awareness The Heritage Resources of Maple Ridge (Heritage Inventory) The Heritage Resources of Maple Ridge, known as the “Heritage Inventory”, was prepared in 1998 and lists approximately 100 sites in Maple Ridge that are deemed to have significant heritage value. The main purpose of preparing a Heritage Inventory is to identify the local properties that have significant heritage value, and to create awareness of their value to the community. This is done by identifying the original owner and the year of construction or in the case of a landform, etc., the approximate time period it was created, along with some information about why the site is significant. A set of criteria are established in a heritage inventory for determining the significance of a site’s heritage value. The criteria are as follows: 1. Architectural History a. Style/Type b. Design c. Construction d. Designer/Builder 2. Cultural History a. Historical Association b. Historical Pattern 3. Context a. Landscape/Site b. Neighbourhood c. Visual/Symbolic Importance 4. Integrity Currently the District has no mechanism for adding or deleting properties from the Heritage Inventory. In recent years, the Community Heritage Commission has been discussing the need to add properties to the Heritage Inventory, as there are many properties not on the inventory that have been identified by the public as potentially having heritage value. Alternatively, properties may have lost their heritage value through a building demolition or significant alteration of the site. The proposed Heritage Procedures Bylaw creates a mechanism to consider adding and deleting properties from the Heritage Inventory, which may be initiated by either a property owner, the District, or the Community Heritage Commission. In the case of an addition to the Inventory, the initiating party will be responsible for paying the costs for a heritage consultant, selected by the Community Heritage Commission, to evaluate the addition or removal against the criteria listed above. For consideration of a removal from the heritage inventory, a property owner would be required to pay an application fee of $2,000 and the Community Heritage Commission would hire a heritage consultant to evaluate the site. Based upon the evaluation for either an addition or deletion from the Heritage Inventory, the Heritage Commission would provide a recommendation to Council for their consideration. Heritage Status Community Heritage Register The District of Maple Ridge established a Community Heritage Register in 1999 by Council resolution R/99-549 with a listing of 25 properties. Three more properties were added by Council resolution on November 6, 2008. Upon Council resolution, listings on a Community Heritage Register are forwarded to the BC Heritage Branch for listing in the provincial database and then forwarded onto Parks Canada for inclusion in the national database, which is on Canada’s Historic Places website at www.historicplaces.ca. There are benefits to both the community and a property owner for having property listed on a Heritage Register. 1. Community Benefits:  The heritage value and character-defining elements are identified for each site, thereby providing public access to heritage information;  The listing has legal status;  A building permit and/or demolition permit for a heritage site may be held for a maximum of 60 days. 2. Benefits to Heritage Property Owner:  Provides information to property owners and prospective buyers of a property’s heritage value;  Details the site’s heritage value and character-defining elements that may help guide restoration and maintenance work on the site;  Eligibility for special provisions (equivalencies) within the BC Building Code Heritage Building Supplement for heritage properties. The process for adding or deleting properties from the Community Heritage Register is also outlined in the proposed bylaw and is very similar to that of the Heritage Inventory above. Heritage Protection Part 27 of the Local Government Act provides municipalities with a number of heritage protection tools, each one designed for the unique circumstances that are inherent in heritage conservation activities. Procedures for three of these protection tools are detailed in the draft Heritage Procedures Bylaw and discussed below. Heritage Revitalization Agreement (LGA S. 966): A Heritage Revitalization Agreement (HRA) is a bylaw that has been growing in popularity since the first one was negotiated in 2010. The HRA legislation is the most powerful heritage conservation legislation in the Local Government Act, in that it enables municipal governments to negotiate an agreement with a property owner to protect the heritage value of a site, while also allowing the property owner greater flexibility in the site’s use, density, setbacks, parking requirements, etc. that would not otherwise be permitted through existing regulations. The HRA Bylaw provides full protection of a site’s heritage value and any alteration of the site (except for standard maintenance) is not permitted without a Heritage Alteration Permit and a process for this is included in the Heritage Procedures Bylaw and discussed further below. The application procedures for a HRA are similar to that of a Rezoning application, in the Development Application Procedures Bylaw, except in the case where a HRA is not changing use or density (and therefore, a public hearing is not required) and the procedures are aligned with a Development Permit application. For protection of the heritage site during the HRA application process, prior to the passing of the HRA Bylaw, a requirement has been added for the property owner to negotiate a Heritage Conservation Covenant with the District and have it registered on title within 14 days of submitting a HRA application. A template will be created for the Heritage Conservation Covenant and it will contain a clause to nullify the Covenant when the HRA application is passed, or alternatively if the HRA application does not proceed. There is currently no application fee for a HRA application and it is proposed that no fee be introduced to help property owners offset any restoration or maintenance work that may be required. Municipal Heritage Designation (LGA S. 967, 968, and 969): Another form of heritage protection through a bylaw is a Municipal Heritage Designation. This tool is typically used when a property owner has restored or protected their site’s heritage value and want to ensure that it remains protected over the long term. Unlike a HRA Bylaw, a MHD Bylaw does not enable flexibility with municipal land use bylaws (i.e. Zoning and Parking Bylaws). The District currently has seven properties protected through a Municipal Heritage Designation – four of these are owned by the District and three are privately owned. Just like properties protected by a Heritage Revitalization Agreement (above), those protected through a Municipal Heritage Designation are not permitted to be altered without a Heritage Alteration Permit. Municipal Heritage Designations are typically less complex than a HRA bylaw, as the property owner is not looking for any flexibility with District development bylaws and therefore, the procedures while less onerous do require that a property owner provide sufficient information in support of the bylaw. This includes of a Statement of Significance (which identifies the site’s heritage value), a site plan, and architectural drawings. As with the HRA application, there is currently no fee for a Municipal Heritage Designation application and no fee is proposed. Heritage Alteration Permit (LGA S. 972 & 973): The Local Government Act does not permit any alterations to protected heritage sites without municipal government approval of a Heritage Alteration Permit. This heritage protection tool is designed to respond to the changing needs of a property owner over time. Similar to a HRA, a Heritage Alteration Permit may also supersede municipal development bylaws. It is proposed that for any Heritage Alteration Permit applications for a building addition less than 100 m2 in size, or a construction value of $25,000 or less, Council delegate approval authority to the Director of Planning. Otherwise, all other Heritage Alteration Permit applications will be brought before Council for consideration. The Development Application Fee bylaw currently has a $68 application fee for a Heritage Alteration Permit and it is proposed that this fee remain as is. Council Delegation of Authority Chief Building Official: Sections 960 and 961 of the Local Government Act enable municipalities to withhold building permits or demotion permits on properties that have one or more of the following type of heritage status:  Listed on a Community Heritage Register;  Protected through a Heritage Revitalization Agreement;  Protected through a Municipal Heritage Designation;  Protected through a Heritage Conservation Covenant;  Protected as part of a Heritage Conservation Area; or  Temporarily protected through a Council declaration for a heritage control period. The proposed Heritage Procedures Bylaw also includes three clauses under the title “Delegation of Authority” for Council to delegate authority to the Chief Building Official to withhold a permit on the above, so that the property owner can be informed of the situation and the matter can be brought forward to Council. Director of Planning: As stated above, it is proposed that the Director of Planning be delegated Council authority to issue a Heritage Alteration Permit for work on a heritage site that is minor in nature. Additionally, it is proposed that the Director of Planning be delegated the authority to:  Initiate a Heritage Inspection (LGA S. 956) on a property that is either a potential heritage property, using established criteria, on a heritage register, or a protected heritage site;  Negotiate agreements with heritage property owners to prevent or mitigate impairment of heritage value; b) Desired Outcomes: The intent of the Heritage Procedures bylaw is to provide clarity and consistency to owners of heritage sites, similar to that provided in the Development Procedures bylaw and aid in education and awareness on the different levels of heritage conservation and protection. c) Strategic Alignment: The Heritage Procedures bylaw aligns with Council’s Corporate Strategic Plan as follows: Strategic Focus Area of Smart Managed Growth: 1. Develop land use management and development process that are clear, timely, open, inclusive, and consultative; 2. Develop land use regulations, bylaws, procedures and practices to implement the Official Community Plan and all other Strategic and Master Plans thereby providing clear interpretation of the District’s direction, goals, and objectives. d) Citizen/Customer Implications: The draft bylaw was reviewed by the Community Heritage Commission and they did not have any specific comments on the document. The Bylaw is intended to provide clarity and consistency for property owners and to add clarity to the role of the Community Heritage Commission in the conservation of heritage sites. e) Interdepartmental Implications: The draft has been reviewed by the Manager of Inspection Services and the Director of Licences, Permits & Bylaws. f) Business Plan/Financial Implications: None. g) Policy Implications: A Heritage Procedures Bylaw will provide another heritage planning tool in support of Official Community Plan policies to conserve heritage resources in Maple Ridge. Such a Bylaw will culminate the existing heritage planning tools, discussed in this report and contained in the proposed Bylaw, into a more complete and explicit heritage management program. Also included in this set of tools, not previously discussed in this report is the Site Maintenance Standards Bylaw No. 6710-2009, that requires owners of protected heritage sites to maintain their property so it does not fall into disrepair. CONCLUSIONS: As discussed above, the Heritage Procedures Bylaw No. 6951-2012 is intended to provide clarity and consistency for heritage property owners. While there is growing community awareness of the value of heritage conservation and the benefits that a property owner may obtain in recognizing the heritage value of their property, a Heritage Procedures Bylaw will further help create greater awareness of the levels of heritage awareness, status, and protection, as well as where individuals may locate more information on the tools identified in each level and how municipal bylaws and provincial legislation will apply. Finally, the proposed Bylaw will aid in bringing together the various existing heritage planning tools into a more complete heritage management program. “Original signed by Lisa Zosiak”__________________ Prepared by: Lisa Zosiak, Planner “Original signed by Jim Charlebois”_______________ Approved by: Christine Carter, M.PL., MCIP Director of Planning “Original signed by Frank Quinn”_________________ Approved by: Frank Quinn, MBA P. Eng GM: Public Works & Development Services “Original signed by J.L. (Jim) Rule________________ Concurrence: J.L. (Jim) Rule Chief Administrative Officer Attachments: Appendix A – Heritage Procedures Bylaw No. 6951-2012 B – Development Application Fee Amendment Bylaw No. 6952-2012 CORPORATION OF THE DISTRICT OF MAPLE RIDGE I BYLAW NO. 6951-2012 A Bylaw to establish application procedures in respect of heritage conservation bylaws, permits and agreements and to delegate Council powers to facilitate conservation The Council of the Corporation of the District of Maple Ridge, in open meeting assembled, enacts as follows: II Title 1. This Bylaw may be cited for all purposes as “Maple Ridge Heritage Procedures Bylaw No. 6951-2012”. Definitions 2. In this Bylaw: (a) “Character-Defining Elements” means the materials, forms, location, spatial configurations, uses and cultural associations or means that contribute to the heritage value of an historic place, which must be retained in o rder to preserve its heritage value. (b) “Chief Building Official” means the Chief Building Official of the Corporation appointed from time to time or such other employee or agent of the Corporation authorized or designated to carry out the duties with respect to the provisions of this Bylaw; (c) “Director of Planning” means the Director of Planning of the Corporation appointed from time to time or such other employee or agent of the Corporation authorized or designated to carry out the duties with respect to the provisions of this Bylaw; (d) “Heritage Alteration Permit” means a permit in the form of Schedule A authorizing alterations or other actions in relation to protected heritage property or property within a heritage conservation area under Section 972 of the Local Government Act; (e) “Heritage Character” means the overall effect produced by traits or features which give property or an area a distinctive quality or appearance. 2 (f) “Heritage Conservation Plan” means a study prepared by a Registered Heritage Professional, in accordance with the standards of the BC Heritage Branch, that identifies the significance of an historic place, its contemporary context, and includes recommendations to guide the retention of heritage values through effective interventions. The study will consider what changes are being proposed and what mitigation measures can be undertaken to preserve heritage value. A Conservation Plan enables sustainable stewardship decisions by providing an understanding of what matters and why before major deci sions for change are made. (g) “Heritage Property” means property that: (a) in the opinion of the District (being a body authorized to exercise a power under the Local Government Act and the Community Charter in relation to the property) has sufficient heritage value or heritage character to justify its conservation, or (b) is protected heritage property. (h) “Community Heritage Register” means a list established and maintained by the District that identifies real property considered by the District to be herita ge property ( Section 954 of the Local Government Act); (i) “Heritage Revitalization Agreement” means an agreement made under Section 966 of the Local Government Act, between the District and a property owner and for the purpose of conserving heritage property. (j) “Heritage Value” means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations. The heritage value of an historic place is embodied in its character-defining materials, forms, location, spatial configurations, uses and cultural associations or meanings. (k) “Historic Place” means a structure, building, group of buildings, district, landscape, archaeological site or other place in the District that has been formally recognized for its heritage value. (l) “Registered Heritage Professional” means a professional who is a full member of the BC Association of Heritage Professionals and the Canadian Association of Heritage Professionals. (m) “Statement of Significance” means a statement that identifies the description, heritage value, and character-defining elements of an historic place. A Statement of Significance is required in order for an historic place to be listed on the Maple Ridge Community Heritage Register and the Canadian Register of Historic Places. 3 Heritage Conservation 3. Any property that is identified by the District as having heritage value may be eligible for: (a) formal heritage recognition on the Community Heritage Register , or (b) legal protection through a Municipal Heritage Designation or a Heritage Revitalization Agreement if it is listed in The Heritage Resources of Maple Ridge. Any property that is listed on the District’s heritage inventory entitled, The Heritage Resources of Maple Ridge, is eligible. Properties not previously identified as heritage will not be eligible to apply for any of the levels of h eritage recognition listed in 3 (a) and (b) above until such time as the Community Heritage Commission determines eligibility through evaluation criteria established and described in The Heritage Resources of Maple Ridge (the Heritage Inventory). 4. A property may be added to the heritage inventory list as follows: (a) The Community Heritage Commission may select a site or sites to be measured using the evaluation criteria identified in The Heritage Resources of Maple Ridge; (b) The Community Heritage Commission may choose to partner with property owners of potential heritage sites to hire a Registered Heritage Professional; (c) The Registered Heritage Professional will be chosen by the Community Heritage Commission; (d) The Registered Heritage Professional visits and evaluates the site and prepares a written report detailing a rationale for whether the site(s) meet(s) a minimum standard; (e) Planning Department staff and the Community Heritage Commission will review the information submitted; (f) Planning Department staff will forward a recommendation to Council regarding the proposed addition of the building, structure or site to the Heritage Register; (g) Council may add a building, structure or site t o the Heritage Register by resolution, in which case the District Clerk will notify the owner of the subject building. 4 5. Requests to remove buildings, structures or sites from The Heritage Resources of Maple Ridge will be processed in the following manner: (a) Written requests by the property owner or the District, accompanied by supporting evidence of diminished heritage value, will be reviewed by the Planning Department; (b) An application fee shall be paid to the District as set out in the Development Application Fee Bylaw 5949-2001. (c) Planning Department staff and the Community Heritage Commission will evaluate the evidence; (d) The application fee may be waived if the Director of Planning and the Chief Building Official deem the site’s heritage value to be structural ly damaged beyond repair; (e) The Community Heritage Commission will forward a recommendation to Council regarding the proposed removal from the Heritage Register; (f) Council may remove a building, structure or site from The Heritage Resources of Maple Ridge by resolution, in which case the District Clerk must notify the owner of the subject building, structure or site of Council’s decision. Amendments to the Heritage Register 6. Requests to add eligible buildings, structures or sites to the District’s Heritage Register will be processed in the following manner: (a) Unless otherwise initiated by the District or the Community Heritage Commission, written requests by the property owner or the District will be reviewed by the Planning Department; (b) A Statement of Significance must be prepared by a Registered Heritage Professional in accordance with the standards set by the BC Heritage Branch and the associated costs will be the responsibility of: 5 (i) The District, if initiated by the District; (ii) The Community Heritage Commission, if initiated by the Community Heritage Commission; (iii) The property owner, if initiated by the property owner; (iv) Any combination of the above, if cost-sharing is agreed upon; (c) Planning Department staff and the Community Heritage Commission will review the Statement of Significance for historical, architectural and contextual value and character of the subject building, structure or site; (d) Planning Department staff will forward a recommendation to Council regarding the proposed addition of the building, structure or site to the Heritage Register; (e) Council may add a building, structure or site to the Heritage Register by resolution, in which case the District Clerk must notify the owner of the subject building, structure or site of Council’s decision in accordance with the provisions of the Local Government Act. 7. Requests to remove buildings, structures or sites from the District’s Community Heritage Register will be processed in the following manner: (a) Written requests by the property owner or the District, accomp anied by supporting evidence of diminished heritage value, will be reviewed by the Planning Department; (b) An application fee shall be paid to the District as set out in the Development Application Fee Bylaw 5949-2001. (c) Planning Department staff and the Community Heritage Commission will evaluate the evidence; (d) The application fee may be waived if the Director of Planning and the Chief Building Official deem the site’s heritage value to be structurally damaged beyond repair; 6 (e) The Community Heritage Commission will forward a recommendation to Council regarding the proposed removal from the Heritage Register; (f) Council may remove a building, structure or site from the Heritage Register by resolution, in which case the District Clerk must notify the owner of the subject building, structure or site of Council’s decision in accordance with the provisions of the Local Government Act. Heritage Designation 8. The registered owner of real property within the District or his or her agent authorized in writing may apply for heritage designation protection pursuant to eligibility criteria in Section 3 above and Section 967 of the Local Government Act. 9. Every application for heritage designation protection, unless initiated by the District, shall be submitted in writing to the Director of Planning and shall be accompanied by the following: (a) a description of the current use of the property; (b) colour photographs of each elevation of the property; (c) a Statement of Significance, prepared by a Registered Heritage Professional; (d) site plan of the property; (e) elevation drawings showing the architectural features, characteristics and colours of the exterior of the building; and (f) details of affixed interior building features proposed to be subject to protection. 10. Pursuant to Section 968 of the Local Government Act, before a Heritage Designation Bylaw is adopted, the District must hold a public hearing on the proposed bylaw for the purpose of allowing affected parties and the general public to make representations respecting matters contained in the proposed bylaw. Heritage Revitalization Agreement 11. Every application for a Heritage Revitalization Agreement, pursuant to eligibility criteria in Section 3 above, or an amendment to a Heritage Revitalization Agreement, must be made by the registered owner or his or her agent in writing and be accompanied by a Heritage Conservation Plan, prepared by a Registered Heritage Professional. 7 12. Within 14 business days of receiving the application, the property owner must negotiate a Heritage Conservation Covenant with the District and have it registered on title, until such time as a Heritage Revitalization Agreement Bylaw has been approved by Council and fully executed by the property owner and the District. 13. An application under Section 11 must be made in the form required by Schedule D, except where a variance to the land use, or maximum permitted density are being requested, in which case the application shall follow the form required for a zoning bylaw amendment. 14. The procedures set out in Maple Ridge Development Procedures Bylaw No. 5879-1999 for the processing of an application for a Development Permit apply to an application for a Heritage Revitalization Agreement or an amendment to a Heritage Revitalization Agreement except as modified by this Bylaw. Where a Heritage Revitalization Agreement will vary use or density of use, the proce dures for amending a zoning bylaw shall apply. 15. The Director of Planning shall forward the application for a Heritage Revitalization Agreement, or an amendment to a Heritage Revitalization Agreement, to the Heritage Commission, and the Commission shall review and provide recommendations on the Heritage Conservation Plan related to the application. Heritage Alteration Permits 16. Every application for a Heritage Alteration Permit, or an amendment to a Heritage Alteration Permit, must be made by the registered o wner or his or her agent in the form required by Schedule B. 17. A Heritage Alteration Permit issued by the Director of Planning under Section 23(d) shall be in the form of Schedule A. 18. The procedures set out in Maple Ridge Development Procedures Bylaw No. 5879-1999 for the processing of an application for a Development Permit apply to an application for a Heritage Alteration Permit except as modified by this Bylaw. In the event of an inconsistency between the Development Procedures Bylaw and this Heritage Procedures Bylaw, then this bylaw will take precedent. 19. An application fee shall be paid to the District as set out in the Development Application Fee Bylaw 5949-2001. 8 Withholding of Approvals 20. In accordance with Section 960 and 961 of the Local Government Act, the Chief Building Official is authorized to withhold the issuance of a building or demolition permit for the following actions where he or she considers the permit would authorize an alteration inconsistent with the heritage protection of the property i n the following cases: (a) an alteration to property that is included in the Heritage Register; (b) an alteration to property that is included in a schedule of protected heritage property within a Heritage Conservation Area designated by the Official Community Plan; (c) an alteration to property that is the subject of a heritage designation bylaw under Section 967 of the Local Government Act; (d) an alteration to property in respect of which a heritage control period has been declared under Section 964 of the Local Government Act; (e) an alteration to property that is the subject of an existing Heritage Revitalization Agreement. (f) an alteration to property that is the subject of an existing Heritage Conservation Covenant. 21. Despite Section 20, the Chief Building Official must not withhold the issuance of any building permit in respect of any alteration required by an enactment. 22. The Chief Building Official must notify the applicant of a permit withheld under Section 20 in writing that the matter of the issuance of the permit will be considered by the Council at its next regu lar meeting after the approval is withheld, the date, time and location of which are stated in the notice. Delegation of Authority 23. Subject to Section 28, Council delegates to the Director of Planning the powers, duties and functions of Council in respect of: (a) heritage inspections under Section 956 of the Local Government Act; (b) a requirement that an applicant provide heritage impact information under Section 958 of the Local Government Act; (c) the making of agreements with applicants to prevent or mitigate impairment of the heritage value or heritage character of property where an application for a building permit or demolition permit described in Section 20 of this Bylaw has 9 been made and the building permit or demolition permit would otherwise be withheld in accordance with that section; and (d) the issuance of Heritage Alteration Permits pursuant to Sections 972 and 973 of the Local Government Act, including, without limitation, establishing requirements and conditions of a Heritage Alteration Permit, and the determination of whether such requirements and conditions have been met. 24. Subject to Section 972(4) of the Local Government Act, the Director of Planning may, in issuing a Heritage Alteration Permit, vary the provisions of a bylaw or permit referred to in Section 972(2) of the Local Government Act. 25. The Director of Planning may choose to refer any item listed in Section 25 to Council for their consideration. 26. The delegation under Section 25 does not include the power to issue a Heritage Alteration Permit that: (a) permits construction of a proposed building addition to the site exceeding 100 square meters in floor area or a construction value of greater than $25,0000 ; 27. If the Director of Planning requires security under section 973(2)(c) of the Local Government Act to guarantee the performance of the terms, requirements, and conditions of a permit relating to the form, exterior design or exterior finish of the building or structure, then the amount of the security must be no more than the amount estimated to be 10% of the actual cost of construction, so as to conform to the requirements of the Heritage Alteration Permit with respect to the form, character, exterior design or exterior finish as the case may be. The cost of constructing the building or structure must be determined by a member of the Architectural Institute of British Columbia or the Association of Professional Engineers and Geoscientists of British Columbia, who is engaged by the owner at the owner’s sole expense. READ A FIRST TIME this ___ day of ______________, 2012. READ A SECOND TIME this ___ day of _____________, 2012. READ A THIRD TIME this ___ day of ________________, 2012. ADOPTED this ___ day of ______________, 2012. Mayor Clerk 10 SCHEDULE A CORPORATION OF THE DISTRICT OF MAPLE RIDGE HERITAGE ALTERATION PERMIT NO. ________ 1. (Civic Address) ______________________________________________________ 2. (Legal Description) ______________________________________________________ 3. (Name of Applicant) ______________________________________________________ 4. (Reason for Permit)  Designated Heritage Property (s.967)  Property Subject to Temporary Protection (s.965)  Property Subject to Heritage Revitalization Agreement (s.972)  Property in Heritage Conservation Area (s.971)  Property Subject to s.219 Heritage Covenant 5. (Description of Approved Alteration and Permit Conditions – refer to and attach drawings and specifications if necessary) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 6. Security in the amount of $___________ in the form of a letter of credit has been provided to the District to guarantee the performance of the terms, requirements and conditions of this Heritage Alteration Permit and will be returned to the applicant upon satisfactory completion of the approved alterations. 11 7. Bylaw No. ___________ is varied or supplemented as follows: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 8. Permit No. ___________, issued by the District on _____________________, is varied or supplemented as follows: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 9. If the alterations authorized by this Heritage Alteration Permit are not commenced by __________________________, the permit lapses. 10. Issuance of this Heritage Alteration Permit was authorized by resolution of the Council on __________________________________. ____________________________________ District Clerk IT IS AN OFFENCE UNDER THE LOCAL GOVERNMENT ACT PUNISHABLE BY A FINE OF UP TO $50,000 IN THE CASE OF AN INDIVIDUAL AND $1,000,000 IN THE CASE OF A CORPORATION FOR THE HOLDER OF THIS PERMIT TO FAIL TO COMPLY WITH THE REQUIREMENTS AND CONDITIONS OF THE PERMIT 12 SCHEDULE B HERITAGE ALTERATION PERMIT APPLICATION DEVELOPMENT APPLICATIONS DIVISION ______________________________________________________________________________ Please submit this completed form to the Zoning counter located at Municipal Hall. All materials submitted to the District for a Heritage Alteration Permit Application become public property, and therefore, available for public inquiry. Please refer to the attached forms for details on application attachments and non -refundable application fees. Property Address(es): _____________________________________________________________ Legal Description(s): _________________________________________________________________ Applicant: _____________________________________________________________________ Correspondence/Calls to be directed to: Name: ________________________________________________________________________ Address: _____________________________________________ _______________________ Postal Code Tel. No.: __________________________________ ______________________________ Business Residence ______________________________________________ ________________________________________ E-mail Fax Property Owner(s) Signature(s): ___________________________________________________ ___________________________________________________ Please print name or Authorized Agent's Signature: ___________________________________________________ Attach Letter of Authorization ___________________________________________________ Please print name For Office Use Date Received: Application Fee: __________________________ File No.: Receipt No.: _____________________________ [add information required under Freedom of Information and Protection of Privacy Act s. 27(2)] 13 HERITAGE ALTERATION PERMIT APPLICATION ATTACHMENTS DEVELOPMENT APPLICATIONS DIVISION ______________________________________________________________________________ The following items must be completed and submitted with your Heritage Alteration Permit Application. 1. Letter outlining the proposal in full along with pro of of ownership if you have purchased the property in the last six months. Proof of new ownership is acceptable with a copy of the interim agreement or transfer of property title. 2. The applicant should consult with the Development Applications Division pri or to application to be aware of criteria pertinent to the application and the extent of documentation required to support the application (e.g., pertinent Heritage Alteration Permit Guidelines). All applicants are required to provide eight full-size sets and one set of reduced 11” x 17” drawings capable of being reproduced, of the following: (a) Site plan showing the street, visitor and disabled parking, landscaped areas, loading, access and all buildings. Calculations should indicate parking, floor area ratio and coverage. All variances to the Zoning Bylaw must be clearly listed, within a table, on the site plan and dimensioned in metric units, including variances to the location and height of fences and screening. Structures in the setbacks (such as kiosks, garbage/recycling enclosures and mailboxes) must be drawn. All setbacks must be shown in metric units. Building setbacks to all property lines and between buildings must be dimensioned as minimums. (b) Floor plans should indicate general interior layouts, main front entrances, balconies, outdoor living areas and amenity areas. (c) Building sections or elevations in sufficient detail to determine heights, bulk, variances and building finish materials. Include all elevations, with building materials indicated and colours specified. Maximum building heights must be dimensioned. Indicate the finished grade on the elevation in relation to either the curb or geodetic. Provide cross-sections. (d) Landscape plans indicating landscaping, screening, fencing, walkways, trees, and boulevard treatment. Provide photos and a plan of the streetscape and all existing trees. Provide a plant list. The plan is to be drawn in sufficient detail to determine the general planted size and spacing of plants and the finish of all site surfaces and fences. Where substitute plants or materials are anticipated, they should be listed on the plans. All street trees shown on the plan must be planted. Special provisions for tree retention during construction shall be shown on the 14 plans. The plant list must be printed with lettering no less than 2 mm (3/32") high. A typical fence detail and accessory building detail should be included. Specify all site surfaces to indicate the character of finish materials. Specify the paving materials on driveways, walkways and emergency access lanes. Specify the finish and colour of fences and parking garage interiors. (e) Context plan showing adjacent streets, driveways and surrounding properties and buildings. (f) Site Survey Drawing prepared by a registered BC Land Surveyor, showing the location of all trees having a trunk diameter of 20 cm or greater measured at a point 1.4 m above natural grade. Include trees within 2 m of the property line on adjacent lots and trees within any District street or lane allowance adjacent to the property. Include pre-development lot lines, proposed lot lines, legal description, rights-of-way and easements. Include existing finished grades at each of the four corners of the site and the existing grade at base of all bylaw sized trees. The drawings will form part of the Heritage Alteration Permit document. Additional drawings may be added to clarify more complex designs. Drawings and notes must be sufficiently detailed to describe the project. Drawings should be to standard architectural practice either CAD or hand-drawn in ink. The 11” x 17” drawings should be clear and readable when reproduced. Lettering and numbers must be no smaller than 2 mm (3/32") in height after reduction. Site plans should contain a north arrow and, if reduced, must have a bar scale. If the site plan is divided up on more than one sheet, each sheet should contain a key plan. 15 SCHEDULE C FEES FOR HERITAGE ALTERATION PERMIT AND HERITAGE REVITALIZATION AGREEMENT ______________________________________________________________________________ The application fee for a: (a) Heritage Alteration Permit in respect of a parcel is $_________ (b) Heritage Revitalization Agreement in respect of a parcel is $_________ 16 SCHEDULE D HERITAGE REVITALIZATION AGREEMENT APPLICATION DEVELOPMENT APPLICATIONS DIVISION ______________________________________________________________________________ Please submit this completed form to the Zoning counter located at Municipal Hall. All materials submitted to the District for a Heritage Revitalization Agreement Application become public property, and therefore, available for public inquiry. Please refer to the attached forms for details on application attachments and non -refundable application fees. Property Address(es): _____________________________________________________________ Legal Description(s): _________________________________________________________________ Applicant: _____________________________________________________________________ Correspondence/Calls to be directed to: Name: ________________________________________________________________________ Address: _____________________________________________ _______________________ Postal Code Tel. No.: __________________________________ ______________________________ Business Residence ______________________________________________ ________________________________________ E-mail Fax Property Owner(s) Signature(s): ___________________________________________________ ___________________________________________________ Please print name or Authorized Agent's Signature: ___________________________________________________ Attach Letter of Authorization ___________________________________________________ Please print name For Office Use Date Received: Application Fee: ________________________ File No.: Receipt No.: ___________________________ [add information required under Freedom of Information and Protection of Privacy Act s. 27(2)] 17 HERITAGE REVITALIZATION AGREEMENT APPLICATION ATTACHMENTS DEVELOPMENT APPLICATIONS DIVISION ______________________________________________________________________________ The following items must be completed and submitted with your Heritage Revitalization Agreement Application. 1. Letter outlining the proposal in full along with proof of ownership if you have purchased the property in the last six months. Proof of new ownership is acceptable with a copy of the interim agreement or transfer of property title. 2. The applicant should consult with the Development Applications Division prior to application to be aware of criteria pertinent to the application and the extent of documentation required to support the application (e.g., pertinent Guidelines). All applicants are required to provide eight full-size sets and one set of reduced 11” x 17” drawings capable of being reproduced, of the following: (a) Site plan showing the street, visitor and disabled parking, landscaped areas, loading, access and all buildings. Calculations should indicate parking, floor area ratio and coverage. All variances to the Zoning Bylaw must be clearly listed, within a table, on the site plan and dimensioned in metric units, including variances to the location and height of fences and screening. Structures in the setbacks (such as kiosks, garbage/recycling enclosures and mailboxes) must be drawn. All setbacks must be shown in metric units. Building setbacks to all property lines and between buildings must be dimensioned as minimums. (b) Floor plans should indicate general interior layouts, main front entrances, balconies, outdoor living areas and amenity areas. (c) Building sections or elevations in sufficient detail to determine heights, bulk, variances and building finish materials. Include all elevations, with building materials indicated and colours specified. Maximum building heights must be dimensioned. Indicate the finished grade on the elevation in relation to either the curb or geodetic. Provide cross-sections. (d) Landscape plans indicating landscaping, screening, fencing, walkways, trees, and boulevard treatment. Provide photos and a plan of the streetscape and all existing trees. Provide a plant list. The plan is to be drawn in sufficient detail to determine the general planted size and spacing of plants and the finish of all site surfaces and fences. Where substitute plants or materials are anticipated, they should be listed on the plans. All street trees shown on the plan must be planted. Special provisions for tree retention during construction shall be shown on the plans. The plant list must be printed with lettering no less than 2 mm (3/32") 18 high. A typical fence detail and accessory building detail should be included. Specify all site surfaces to indicate the character of finish materials. Specify the paving materials on driveways, walkways and emergency access lanes. Specify the finish and colour of fences and parking garage interiors. (e) Context plan showing adjacent streets, driveways and surrounding properties and buildings. (f) Site Survey Drawing prepared by a registered BC Land Surveyor, showing the location of all trees having a trunk diameter of 20 cm or greater measured at a point 1.4 m above natural grade. Include trees within 2 m of the property line on adjacent lots and trees within any District street or lane allowance adjacent to the property. Include pre-development lot lines, proposed lot lines, legal description, rights-of-way and easements. Include existing finished grades at each of the four corners of the site and the existing grade at base of all bylaw sized trees. The drawings will form part of the Heritage Revitalization Agreement. Additional drawings may be added to clarify more complex designs. Drawings and notes must be sufficiently detailed to describe the project. D rawings should be to standard architectural practice either CAD or hand-drawn in ink. The 11” x 17” drawings should be clear and readable when reproduced. Lettering and numbers must be no smaller than 2 mm (3/32") in height after reduction. Site plans shou ld contain a north arrow and, if reduced, must have a bar scale. If the site plan is divided up on more than one sheet, each sheet should contain a key plan. CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO.6952-2012 A Bylaw to amend the text of Maple Ridge Development Application Fee Bylaw No. 5949-2001 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Development Application Fee Bylaw No. 5949-2001; NOW THEREFORE, the Municipal Council of the Corporation of the District of Maple Ridge, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as "Maple Ridge Development Application Fee Amending Bylaw No. 6952-2012”. 2. Schedule A, Item I, shall be amended by deleting item I “HERITAGE ALTERATION PERMITS” in its entirety and replacing with the following: I. HERITAGE APPLICATIONS (a) Heritage Inventory Listing Removal $2,000 (b) Heritage Register Listing Removal $2,000 (c) Heritage Alteration Permit $68.00 3. Maple Ridge Development Application Fee Bylaw No. 5949-2001 as amended is hereby amended accordingly. READ a first time the day of , A.D. 20 . PUBLIC HEARING held the day of , A.D. 20 . READ a second time the day of , A.D. 20 . READ a third time the day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING OFFICIAL CORPORATE OFFICER