Loading...
HomeMy WebLinkAbout2012-10-23 Council Meeting Agenda and Reports.pdfPage 1 District of Maple Ridge COUNCIL MEETING AGENDA October 23, 2012 7:00 p.m. Council Chamber Note: This Agenda is also posted on the Municipal Web Site at www.mapleridge.ca The purpose of a Council meeting is to enact powers given to Council by using bylaws or resolutions. This is the final venue for debate of issues before voting on a bylaw or resolution. 100 CALL TO ORDER 200 MOMENT OF REFLECTION 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of October 9, 2012 502 Minutes of the Public Hearing of October 16, 2012 503 Minutes of the Development Agreements Committee Meetings of October 9(2), 10 and 16(2), 2012 600 PRESENTATIONS AT THE REQUEST OF COUNCIL 602 Advisory Design Panel Recognition - Wayne Bissky Architecture MEETING DECORUM Council would like to remind all people present tonight that serious issues are decided at Council meetings which affect many people’s lives. Therefore, we ask that you act with the appropriate decorum that a Council Meeting deserves. Commentary and conversations by the public are distracting. Should anyone disrupt the Council Meeting in any way, the meeting will be stopped and that person’s behavior will be reprimanded. Council Meeting Agenda October 23, 2012 Council Chamber Page 2 of 6 700 DELEGATIONS 701 Waste Reduction Week Presentation - Ridge Meadows Recycling Society – Leanne Koehn, Communications 800 UNFINISHED BUSINESS Note: Items 801 to 803 have been forwarded from the October 15, 2012 Council Workshop Meeting. 801 Draft Business Licencing and Regulation Bylaw No. 6815-2011 Staff report dated October 15, 2012 Maple Ridge Business Licencing and Regulation Bylaw No. 6815-2011 First, second and third readings 802 Animal Control Bylaw No. 6908-2012 Staff report dated October 15, 2012 Maple Ridge Animal Control and Licencing Bylaw No. 6908-2012 First, second and third readings 803 Proposed Amending Building Bylaw No. 6950-2012 Staff report dated October 15, 2012 Maple Ridge Building Amending Bylaw No. 6950-2012 First, second and third readings 900 CORRESPONDENCE 1000 BYLAWS Note: Item 1001 is from the Public Hearing of October 16, 2012 Bylaw for Third Reading 1001 2011-136-RZ, 20724 River Road Maple Ridge Zone Amending Bylaw No. 6896-2012 To rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into two single family lots Third reading Council Meeting Agenda October 23, 2012 Council Chamber Page 3 of 6 Bylaws for Final Reading 1002 RZ/116/10, 12393 203 Street, RS-1 to RS-1b Staff report dated October 23, 2012 recommending final reading To rezone from RS-1 (One Family Urban Residential) to RS-1b (One Family Urban [Medium Density] Residential) to permit subdivision into three lots Final reading 1003 SD/040/09, 10125 248 Street Upper Jackson Local Area Service Bylaw No. 6948-2012 Staff report dated October 23, 2012 recommending final reading To provide for enhanced landscape maintenance of two parkettes, three landscape areas and the emergency access area within the development Final reading COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE 1100 Minutes – October 15, 2012 Public Works and Development Services 1101 2012-017-RZ, 11750 and 11736 Burnett Street, RS-1 to R-1 Staff report dated October 15, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6909-2012 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into 5 single family lots be given second reading and be forwarded to Public Hearing. 1102 RZ/033/08, 10366 240 Street, Amended Second Reading, RS-2 to R-3 Staff report dated October 15, 2012 recommending that the second and third readings for Maple Ridge Zone Amending Bylaw No. 6621-2008 be rescinded and that Maple Ridge Zone Amending Bylaw No. 6621-2008 as amended be given second reading and be forwarded to Public Hearing to permit future subdivision into 13 residential lots. The following issues were presented at an earlier Committee of the Whole meeting with the recommendations being brought to this meeting for Municipal Council consideration and final approval. The Committee of the Whole meeting is open to the public and is held in the Council Chamber at 1:00 p.m. on the Monday the week prior to this meeting. Council Meeting Agenda October 23, 2012 Council Chamber Page 4 of 6 1103 DVP/116/10, 12393 203 Street Staff report dated October 15, 2012 recommending that the Corporate Officer be authorized to sign and seal DVP/116/10 to vary minimum frontage requirements. Financial and Corporate Services (including Fire and Police) 1131 Disbursements for the month ended September 30, 2012 Staff report dated October 15, 2012 recommending that the disbursements for the month ended September 30, 2012 be approved. 1132 District-Owned Downtown Parking Lots Staff report dated October 15, 2012 recommending that the staff proceed with a tender process to select a service provider to manage five District- owned surface parking lots, that staff be directed to develop a long term use and management plan and consider alternate uses for District owned parking lots. 1133 2013 Council Meeting Schedule Staff report dated October 15, 2012 recommending that the 2013 Council Meeting Schedule be adopted. Revised schedule attached. 1134 Revitalization Tax Exemption Agreements Staff report dated October 15, 2012 recommending that the Corporate Officer be authorized to execute Revitalization Tax Exemption Agreements with the qualified property owners. Community Development and Recreation Service 1151 Correspondence 1171 Council Meeting Agenda October 23, 2012 Council Chamber Page 5 of 6 Other Committee Issues 1181 1200 STAFF REPORTS 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL 1400 MAYOR’S REPORT 1500 COUNCILLORS’ REPORTS 1600 OTHER MATTERS DEEMED EXPEDIENT 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETING 1800 QUESTIONS FROM THE PUBLIC Council Meeting Agenda October 23, 2012 Council Chamber Page 6 of 6 1900 ADJOURNMENT CChheecckkeedd bbyy::________________________________ DDaattee:: ________________________________ QUESTION PERIOD The purpose of the Question Period is to provide the public with an opportunity to ask questions of Council on items that are of concern to them, with the exception of Public Hearing by-laws which have not yet reached conclusion. Council will not tolerate any derogatory remarks directed at Council or staff members. Each person will be permitted 2 minutes to ask their question (a second opportunity is permitted if no one else is sitting in the chairs in front of the podium). Questions must be directed to the Chair of the meeting and not to individual members of Council. The total Question Period is limited to 15 minutes. Council reserves the right to defer responding to a question in order to obtain the information required to provide a complete and accurate response. Other opportunities are available to address Council including public hearings, delegations and community forum. The public may also make their views known to Council by writing or via email and by attending open houses, workshops and information meetings. Serving on an Advisory Committee is an excellent way to have a voice in the future of this community. For more information on these opportunities contact: Clerk’s Department at 604-463-5221 or clerks@mapleridge.ca. Mayor and Council at mayorandcouncil@mapleridge.ca. District of Maple Ridge COUNCIL MEETING October 9, 2012 The Minutes of the Municipal Council Meeting held on October 9, 2012 at 7:00 p.m. in the Council Chamber 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 P. Gill, Acting Chief Administrative Officer Councillor C. Ashlie D. Boag, Acting General Manager of Community Councillor C. Bell Development, Parks and Recreation Services Councillor J. Dueck F. Quinn, General Manager Public Works and Development Councillor A. Hogarth Services Councillor B. Masse C. Goddard, Acting Director of Planning Councillor M. Morden C. Marlo, Manager of Legislative Services A. Gaunt, Confidential Secretary Note: These Minutes are also posted on the Municipal Web Site at www.mapleridge.ca The meeting was filmed by Shaw Communications Inc. 100 CALL TO ORDER 200 MOMENT OF REFLECTION 300 INTRODUCTION OF ADDITIONAL AGENDA ITEMS 400 APPROVAL OF THE AGENDA The agenda was approved as circulated. Council Minutes October 9, 2012 Page 2 of 17 500 ADOPTION AND RECEIPT OF MINUTES 501 Minutes of the Regular Council Meeting of September 11, 2012 R/2012-440 501 Minutes Regular Council It was moved and seconded September 11, 2012 That the minutes of the Regular Council Meeting of September 11, 2012 be adopted as circulated. CARRIED 502 Minutes of the Development Agreements Committee Meetings of September 11, 20(2), 25 and 27, 2012 R/2012-441 502 Minutes Development Agmt It was moved and seconded Committee That the minutes of the Development Agreements Committee Meetings of September 11, 20(2), 25 and 27, 2012 be received. CARRIED 600 PRESENTATIONS AT THE REQUEST OF COUNCIL – Nil 700 DELEGATIONS 701 Maple Ridge Pitt Meadows Arts Council Presentation on their 10th Season - Lindy Sisson, Executive Director; Ms. Vicky McLeod, Board member Ms. Sisson provided a video presentation for the ACT’s 10th anniversary season highlighting feature productions. Ms. McLeod thanked Mayor and Council for the support offered by the District through the years. Council Minutes October 9, 2012 Page 3 of 17 702 Yennadon Neighbourhood Group – Gravel Pit Issue – Craig Speirs Mr. Speirs thanked the owner of the property with the application to remove his land from the Agricultural Land Reserve for withdrawing his application. He advised that a Yennadon Community Association was formed as a result of this application and stated that is was felt that communication relating to this application could have been improved. Mr. Speirs also spoke to an application for a cell tower and asked that improvements to notifications for items such as cell towers and mineral extraction be considered. Mayor Daykin noted Council will soon be discussing a District policy on cell towers. 800 UNFINISHED BUSINESS Note: Items 801 to 803 were forwarded from the October 1, 2012 Council Workshop Meeting 801 Bill C38 and Recommendations for the District of Maple Ridge Report from the Ad Hoc Task Force dated October 1, 2012 recommending that the comments and feedback within the report be endorsed and that the Federal Government be advised of the concerns outlined. R/2012-442 Bill C38 Recommendations It was moved and seconded From Maple Ridge Whereas the District of Maple Ridge has made significant investments in the protection of fish habitat and watercourses that exist in the community; And whereas the protection and management of natural habitat is an important value for the citizens in our community as reflected in the Official Community Plan; And whereas Council has grave concerns around the proposed departure from the historical protection of fish habitat and the loss of ecological linkages that all species have to our fisheries; Council Minutes October 9, 2012 Page 4 of 17 Now therefore be it resolved that the District of Maple Ridge call upon the federal government to ensure: 1. THAT the federal government provide information behind the rationale for the Policy Direction change to the Fisheries Act and that it disclose whatever pertinent scientific information that has been used to support the proposed changes to the Fisheries Act legislation and regulations; 2. THAT there is meaningful public involvement and dialogue as part of this process with local stewardship groups, municipalities, scientific organizations, First Nations, non government environmental organizations, and the public at large both before and after the implementation of the second phase of amendments to the Fisheries Act; 3. THAT the federal government retain the existing protection language for fish habitat and fisheries rather than changing the Fisheries Act to limit protection to only certain fisheries; 4. THAT there is clarification on whether the current definitions as per section two of the Federal Fisheries Act still apply and that there are meaningful definitions provided with respect to “temporary” and “permanent” alteration, disruption, or destruction of fish habitat; the ‘death or killing’ of fish; the lack of definition around what a fishery consists of. Definitions should continue to promote an ecosystem based approach to fish conservation. 5. THAT appropriate levels of staffing support and resources are provided by the Federal Government to the Department of Fisheries and Oceans for community enhancement and restoration initiatives, habitat management and protection programs, monitoring and compliance efforts, in addition to education and outreach programs assuring maximum benefit and effective management of the fisheries to support the economic, social, and ecological needs fundamental to the values of the Canadian people; and Council Minutes October 9, 2012 Page 5 of 17 6. THAT this resolution and the attached report be forwarded to the Federal and Provincial Ministers of Fisheries, to local MPs and MLAs, to all federal parties, to local First Nations, to Metro Vancouver Regional Board, to the Lower Mainland Local Government Association (LMLGA), to the Federation of Canadian Municipalities (FCM) and to all Union of B.C. Municipalities (UBCM) member municipalities. CARRIED Councillor Morden – OPPOSED 802 Council Matrix Update Staff report dated October 9, 2012 recommending that the Council Matrix be adopted. R/2012-443 Council Matrix Adopt It was moved and seconded That the Council Matrix attached as Appendix I to the staff report dated October 9, 2012 be adopted. CARRIED 803 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/2012-444 FCM Target 2014 Campaign It was moved and seconded WHEREAS, The Building Canada Plan and a number of important federal-provincial transfer agreements vital to Canada’s cities and communities, will expire in March 2014; Council Minutes October 9, 2012 Page 6 of 17 WHEREAS, Federal investments over the last few years have helped to enhance the economic viability of Maple Ridge through transportation network and downtown enhancement investments; WHEREAS, a seamless transition from the Building Canada Plan to a new long term plan is necessary to ensure that municipalities can continue planning their capital spending effectively; WHEREAS, The Federation of Canadian Municipalities (FCM) has launched a campaign to ensure the new plan reflects municipal priorities across the country and asks its member municipalities to pass a Council resolution supporting the campaign; AND WHEREAS, our community has continuing infrastructure needs, such as the Abernethy Connector extension and widening, and the South Albion Overpass, that can only be met with through the kind of long-term planning and investment made possible by a national plan; THEREFORE BE IT RESOLVED that Council endorses the FCM campaign and urges the Minister of Transport, Infrastructure and Communities to work with FCM to ensure the new long- term infrastructure plan meets the core infrastructure needs of cities and communities; BE IT FURTHER RESOLVED that Council urges the Minister of Transport, Infrastructure and Communities to ensure that the new long-term plan is fully in place when existing programs expire in 2014; and BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Minister of Transport, Infrastructure and Communities, BC Minister of Community, Sport and Culture, to Randy Kamp, Member of Parliament, to the Federation of Canadian Municipalities and to the Union of British Columbia Municipalities. CARRIED Council Minutes October 9, 2012 Page 7 of 17 900 CORRESPONDENCE – Nil 1000 BYLAWS Bylaws for Final Reading 1001 2012-005-RZ, 20528 Lougheed Highway, CS-1 to C-2 Staff report dated October 9, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6926-2012 to permit an existing commercial building to be expanded and allow a broader range of commercial uses be given final reading. Final reading The Manager of Development and Environmental Services advised that issues relating to parking for this application can be dealt with at the development permit stage. R/2012-445 2012-005-RZ BL No. 6926-2012 It was moved and seconded Final reading That Bylaw No. 6926-2012 be adopted. CARRIED COMMITTEE REPORTS AND RECOMMENDATIONS 1100 COMMITTEE OF THE WHOLE Minutes – October 1, 2012 R/2012-446 Minutes COW It was moved and seconded October 1, 2012 That the minutes of the Committee of the Whole Meeting of October 1, 2012 be received. CARRIED Council Minutes October 9, 2012 Page 8 of 17 Public Works and Development Services 1101 2012-031-RZ, 11055 Hazelwood Street, RS-3 to M-3 (Addendum to report dated August 27, 2012) Staff report dated October 1, 2012 providing additional information to a staff report dated August 27, 2012 and recommending that Maple Ridge Zone Amending Bylaw No. 6914-2012 to permit future construction of potential industrial or big box retail styled buildings be given first reading and that the applicant provide further information as described on Schedules B, D, E and F of the Development Procedures Bylaw No. 5879- 1999. R/2012-447 2012-031-RZ BL No. 6914-2012 It was moved and seconded First reading That Bylaw No. 6914-2012 be given first reading; and; That the applicant provide further information as described on Schedules B, D, E and F of the Development Procedures Bylaw No. 5879–1999. CARRIED Councillor Hogarth - OPPOSED 1102 2012-079-RZ, 21722 and 21734 Dewdney Trunk Road, RS-1 to RT-1 Staff report dated October 1, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6944-2012 to allow each lot to have the existing dwelling replaced by a duplex be given first reading and that the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879-1999. R/2012-448 2012-079-RZ BL No. 6944-2012 It was moved and seconded First reading That Bylaw No. 6944-2012 be given first reading, and; That the applicant provide further information as described on Schedule B of the Development Procedures Bylaw No. 5879– 1999. CARRIED Council Minutes October 9, 2012 Page 9 of 17 1103 2011-084-RZ, 11185 and 11133 240 Street, RS-3 to RST, R-2, R-1 and C-1 Revised staff report dated October 1, 2012 recommending that Maple Ridge Official Community Plan Amending Bylaw No. 6875-2011 to adjust conservation area and Maple Ridge Zone Amending Bylaw No. 6947-2012 text amendment for the C-1 Zone to allow for 4 proposed rental apartment units be given first and second readings and be forwarded to Public Hearing and that Maple Ridge Zone Amending Bylaw No. 6853-2011 to allow for 24 RST lots, 39 R-2 single family lots, one remnant R-1 lot for future subdivision and a mixed use building be given second reading and be forwarded to Public Hearing. The Manager of Legislative Services advised that an addendum to Item 1103 with revised recommendations was distributed to Council. R/2012-449 2011-084-RZ BL No. 6875-2011 It was moved and seconded BL No. 6947-2012 First and Second BL No. 6853-2011 Second reading 1. That in accordance with Section 879 of the Local Government Act opportunity for early and on-going consultation has been provided by way of posting Bylaw No. 6875-2011 on the municipal website and requiring that the applicant host a Development Information Meeting, and Council considers it unnecessary to provide any further consultation opportunities, except by way of holding a public hearing on the bylaw; 2. That Bylaw No. 6875-2011 be considered in conjunction with the Capital Expenditure Plan and Waste Management Plan; 3. That it be confirmed that Bylaw No. 6875-2011 is consistent with the Capital Expenditure Plan and Waste Management Plan; 4. That Bylaw No. 6875-2011 be given first and second Reading and be forwarded to Public Hearing; Council Minutes October 9, 2012 Page 10 of 17 5. That Bylaw No. 6947-2012 be given first and second Reading and be forwarded to Public Hearing; 6. That Bylaw No. 6853-2011 be given second reading and be forwarded to Public Hearing; and 7. That the following term(s) and condition(s) be met prior to final reading: i. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of security as outlined in the Agreement; ii. Amendment to Schedules “A”, “B” & “C” of the Official Community Plan, including Amendment to Appendix C in Schedule “A” to add the RST Street Townhouse Residential Zone under RESIDENTIAL DESIGNATION – Major Corridor Residential Category in the Zoning Matrix on a site-specific basis; iii. Registration of a geotechnical report as a Restrictive Covenant which addresses the suitability of the site for the proposed development; iv. Registration of a Restrictive Covenant which addresses storm/rain water management; v. Road dedication as required; vi. Park dedication as required; vii. Registration of a Housing Agreement in accordance with Section 905 of the Local Government Act and an associated Restrictive Covenant stating that the apartment units above the ground floor of the commercial building will be restricted to residential rental units; viii. Registration of a Restrictive Covenant for the protection of habitat and natural features; ix. Removal of the existing building or buildings; Council Minutes October 9, 2012 Page 11 of 17 x. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations; xi. Registration of a Restrictive Covenant protecting the Residential Parking and the Visitor Parking. CARRIED Councillor Bell, Councillor Masse - OPPOSED Note: Councillor Hogarth excused himself from the discussion of Item 1104 at 8:43 p.m. as he has a management contract for the property. 1104 2011-089-RZ, 22309, 22319 and 22331 St. Anne Avenue, Staff report dated October 1, 2012 recommending that Maple Ridge Heritage Designation and Revitalization and Tax Exemption Agreement Bylaw No. 6913-2012 to permit relocation, restoration and adaptive use of an existing heritage house be given second reading and be forwarded to Public Hearing. R/2012-450 2011-089-RZ BL No. 6913-2012 It was moved and seconded Second reading 1. That Bylaw No. 6913-2012 as amended, be given second reading and be forwarded to Public Hearing; and 2. That the following terms and conditions be met prior to final reading: i. Approval from the Ministry of Transportation and Infrastructure; ii. Registration of a Rezoning Servicing Agreement as a Restrictive Covenant and receipt of the deposit of a security, as outlined in the Agreement; iii. Road dedication as required; iv. Consolidation of the development site; v. Removal of buildings other than the Turnock/Morse residence; Council Minutes October 9, 2012 Page 12 of 17 vi. Registration of a geotechnical report as a Restrictive Covenant at the Land Title Office which addresses the suitability of the site for the proposed development; vii. Registration of a Restrictive Covenant at the Land Title Office protecting the Visitor Parking; viii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations. CARRIED Note: Councillor Hogarth returned to the meeting at 8:50 p.m. 1105 DVP/040/09, 10125 248 Street Staff report dated October 1, 2012 recommending that the Corporate Officer be authorized to sign and seal DVP/040/09 to vary the height of the proposed single family homes, to vary the road right-of-way on 100A and 101B Avenues and 247B Street and to vary the carriage way on 247B Street. The Manager of Development and Environment Services spoke to concerns over the impact on views from existing houses as a result of the height variance. R/2012-451 DVP/040/09 Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal DVP/040/09 respecting the property located at 10125 248 Street. CARRIED 1106 2012-005-DP, 20528 Lougheed Highway Staff report dated October 1, 2012 recommending that the Corporate Officer be authorized to sign 2012-005-DP to permit an extension and exterior renovation. Council Minutes October 9, 2012 Page 13 of 17 R/2012-452 2012-005-DP Sign and seal It was moved and seconded That the Corporate Officer be authorized to sign and seal 2012-005-DP respecting the property located at 20528 Lougheed Highway. CARRIED 1107 SD/040/09, 10125 248 Street, Local Area Service Staff report dated October 1, 2012 recommending that Local Area Service Bylaw No. 6948-2012 for Upper Jackson Enhanced Landscape Maintenance be given first, second and third readings. R/2012-453 SD/040/09 Local Area Service It was moved and seconded Upper Jackson 1. That a Local Area Service, as formally petitioned by the developer of the lands referred to as ‘Upper Jackson’, and per the Community Charter, Part 7, Division 5, 211 (1)(a), be authorized for the enhanced landscape maintenance costs to be levied on the benefitting properties to be created by subdivision of the land; and further 2. That Upper Jackson Local Area Service Bylaw No. 6948- 2012 be given first, second and third readings. CARRIED 1108 2012-074-AL, 23613 124 Avenue and 12349 237 Street Non-Farm Use within the Agricultural Land Reserve Staff report dated October 1, 2012 recommending that application 2012-074-AL for non-farm use on land within the Agricultural Land Reserve to permit a gravel removal proposal not be authorized to proceed to the Agricultural Land Commission. Council Minutes October 9, 2012 Page 14 of 17 Financial and Corporate Services (including Fire and Police) 1131 Disbursements for the month ended August 31, 2012 Staff report dated October 1, 2012 recommending that the disbursements for the month ended August 31, 2012 be approved. R/2012-454 Disbursements August 2012 It was moved and seconded That the disbursements as listed below for the month ended August 31, 2012 be approved. General $ 17,518,398. Payroll $ 1,687,017. Purchase Card $ 112,080. $19,317,495. CARRIED Community Development and Recreation Service 1151 Kanaka Creek Watershed Stewardship Centre – Phase 1 – Hatchery Component Staff report dated October 1, 2012 recommending that funding for Pacific Parklands Foundation towards the Kanaka Creek Watershed Stewardship Centre – Phase 1, Hatchery Component be approved. R/2012-455 Kanaka Creek Watershed It was moved and seconded Stewardship Centre Funding That an amount of $30,000 to the Pacific Parklands Foundation to put towards the Kanaka Creek Watershed Stewardship Centre – Phase 1, Hatchery Component be approved. CARRIED Council Minutes October 9, 2012 Page 15 of 17 Correspondence - Nil Other Committee Issues – Nil 1200 STAFF REPORTS – Nil 1300 RELEASE OF ITEMS FROM CLOSED COUNCIL – Nil 1400 MAYOR’S REPORT Mayor Daykin advised that a card was received from organizers of the Terry Fox Run commending the community and all participants in the run, commenting that the monies raised exceeded the amount raised on the 25th Anniversary of the run. Mayor Daykin attended an event as part of Breastfeeding Week and reminded all that October is Breast Cancer Awareness month. He also attended the Union of British Columbia Municipalities’ conference. 1500 COUNCILLORS’ REPORTS Councillor Hogarth Councillor Hogarth attended the Union of British Columbia Municipalities’ conference. He participated in the 17th Annual Thanksgiving Dinner event sponsored by Maple Ridge and Pitt Meadows Realtors. Councillor Bell Councillor Bell attended the Employee Recognition Event for the Fraser Valley Regional Library, the Terry Fox Run, the EID celebration and GETI Fest. She also attended a Freedom of the City Celebration in Pitt Meadows and the Union of British Columbia Municipalities’ conference and participated in a Municipal Administrators Training Institute planning course. Councillor Ashlie Councillor Ashlie participated in the Terry Fox Run. She attended the Rivers Day celebration at Alco Park and the Union of British Columbia Municipalities’ conference. Councillor Ashlie also participated in a tour of a Run of River project at the top of Harrison Lake. She advised that October 7 to 13 is Ending Homelessness Week and that meals will be served at the ACT. Council Minutes October 9, 2012 Page 16 of 17 Councillor Dueck Councillor Dueck advised that October 7 to October 13 is Fire Prevention Week and encouraged residents to attend an open house at Fire Hall No. 1. She also advised that the ShakeOut BC earthquake drill takes place on October 18 and encouraged everyone to participate. Councillor Masse Councillor Masse attended a forum on anti-bullying, the business planning meeting for the Social Planning Advisory Committee and the Rotary Home Town Heroes Night. He participated in the Terry Fox Run. He advised that a fundraiser for Ridge Meadows Search and Rescue will be held at the Rocking Horse Pub. Councillor Morden Councillor Morden attended the Rotary Home Town Heroes Night event, the Union of British Columbia Municipalities’ conference and the Freedom of the City event in Pitt Meadows. He also attended meetings of the Downtown Maple Ridge Business Improvement Association and the Maple Ridge Community Heritage Commission. He advised that the Ridge Meadows Hospital Foundation will be hosting its annual fundraising gala on October 13. 1600 OTHER MATTERS DEEMED EXPEDIENT – Nil 1700 NOTICES OF MOTION AND MATTERS FOR FUTURE MEETINGS – Nil 1800 QUESTIONS FROM THE PUBLIC Eric Phillips Mr. Phillips noted that the RV and tenting issue was removed from the Council matrix and asked if this will still be dealt with. The General Manager of Public Works and Development Services advised that the RV issue will be part of an upcoming zoning bylaw discussion. Tyler Ducharme Mr. Ducharme referred to an alley on the south side of his family’s property. He asked which department he can connect with which is most appropriate to state clearly through e-mail that there is an alleyway at the south end of his property. He spoke to the location of the CEED Center in regard to an undeveloped alleyway and asked why the alleyway has not been developed Council Minutes October 9, 2012 Page 17 of 17 to be vehicle accessible. He also spoke to the increase in problems in the alley and asked if the District could temporarily fence off the alleyway. Mayor Daykin thanked Mr. Ducharme for his questions and advised him to e-mail questions to the Manager of Legislative Services for response by the appropriate departments. 1900 ADJOURNMENT - 9:38 p.m. _______________________________ E. Daykin, Mayor Certified Correct ___________________________________ C. Marlo, Corporate Officer District of Maple Ridge PUBLIC HEARING October 16, 2012 The Minutes of the Public Hearing held in the Council Chamber of the Municipal Hall, 11995 Haney Place, Maple Ridge, British Columbia on October 16, 2012 at 7:00 p.m. ____________________________________________________________________________ PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie C. Marlo, Manager of Legislative Services Councillor C. Bell C. Goddard, Manager of Development and Environmental Councillor A. Hogarth Services Councillor B. Masse Councillor M. Morden ABSENT Councillor J. Dueck ______________________________________________________________________________ Mayor Daykin called the meeting to order. The Manager of Legislative Services explained the procedure and rules of order of the Public Hearing and advised that the bylaws will be considered further at the next Council Meeting on October 23, 2012. The Mayor then called upon the Manager of Development and Environmental Services to present the following items on the agenda: 1) 2011-136-RZ Maple Ridge Zone Amending Bylaw No. 6896-2012 Legal: Lot 9, District Lot 277, Group 1, New Westminster District, Plan 20332 Location: 20724 River Road From: RS-1 (One Family Urban Residential) To: R-1 (Residential District) Purpose: To allow for the future subdivision into two single family lots. Public Hearing Minutes May 15, 2012 Page 2 of 2 Orest Semeniuk Mr. Semeniuk inquired as to what would happen to the trees on his property when the large trees on the application property are removed. He expressed concern that his trees may be affected negatively due to a large root system between the trees. He stated that he was not against the application however was concerned about the trees. The Manager of Development and Environment Services advised that it is would be prudent for the owner of the property to work with the neighbours to protect existing trees, as issues between neighbours pertaining to trees are dealt with through civil court. There being no further comment, the Mayor declared this item dealt with. Having given all those persons whose interests were deemed affected by the matters contained herein a chance to be heard, the Mayor terminated the Public Hearing at 7:10 p.m. ____________________________ E. Daykin, Mayor Certified Correct ______________________________ C. Marlo, Corporate Officer 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 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 1st 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 or 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 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 5.5.1 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 be 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 THE CORPORATION OF THE DISTRICT OF MAPLE RIDGE Bylaw No. 6950-2012 A Bylaw to amend Maple Ridge Building Bylaw No. 6825-2012 ________________________________________________________________________________ WHEREAS it is deemed expedient to amend Maple Ridge Building Bylaw No. 6825-2012; NOW THEREFORE the Council of the Corporation of the District of Maple Ridge, ENACT AS FOLLOWS: 1. This bylaw shall be cited for all purposes as "Maple Ridge Building Amending Bylaw No. 6950- 2012”. 2. Maple Ridge Building Bylaw No. 6825-2012 is amended by: (a) Deleting Schedule A “Building Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule A “Building Permit Fees”, attached hereto; (b) Deleting Schedule D “Plumbing Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule D “Plumbing Permit Fees”, attached hereto; (c) Deleting Schedule E “Gas Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule E “Gas Permit Fees”, attached hereto; and (d) Deleting Schedule F “Electrical Permit Fees” in its entirety and replacing it with Building Amending Bylaw 6825-2012 Schedule F “Electrical Permit Fees”, attached hereto; READ a first time the day of 2012 READ a second time the day of 2012 READ a third time the day of 2012 RECONSIDERED AND ADOPTED the day of 2012 PRESIDING MEMBER CORPORATE OFFICER Building Amending Bylaw No. 6950-2012 SCHEDULE “A” – Building Permit Fees Effective 2012 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 Building Amending Bylaw No. 6950-2012 SCHEDULE “A” – Building Permit Fees Effective 2012 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; Building Amending Bylaw No. 6950-2012 SCHEDULE “A” – Building Permit Fees Effective 2012 (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. Building Amending Bylaw No. 6950-2012 SCHEDULE “D” – Plumbing Permit Fees Effective 2012 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 lo ops, 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 simila r 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: Building Amending Bylaw No. 6950-2012 SCHEDULE “D” – Plumbing Permit Fees Effective 2012 (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. Building Amending Bylaw No. 6950-2012 SCHEDULE “E” – Gas Permit Fees Effective 2012 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 faul ty 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: Building Amending Bylaw No. 6950-2012 SCHEDULE “E” – Gas Permit Fees Effective 2012 (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 . Building Amending Bylaw No. 6950-2012 SCHEDULE “F” – Electrical Permit Fees Effective 2012 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 Electr ical 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 Building Amending Bylaw No. 6950-2012 SCHEDULE “F” – Electrical Permit Fees Effective 2012 (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 work hours $206.00 minimum or as determined by 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. Building Amending Bylaw No. 6950-2012 SCHEDULE “F” – Electrical Permit Fees Effective 2012 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. CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6896-2012 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; 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 Zone Amending Bylaw No. 6896-2012." 2. That parcel or tract of land and premises known and described as: Lot 9 District Lot 277 Group 1 New Westminster District Plan 20332 and outlined in heavy black line on Map No.1557 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to R-1 (Residential District). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 28th day of February, A.D. 2012. READ a second time the 11th day of September, A.D. 2012. PUBLIC HEARING held the 16th day of October, A.D. 2012. READ a third time the day of , A.D. 20 . APPROVED by the Minister of Transportation this day of , A.D. 20 . RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 1167120673206822068820710207252080011677 11679 2068511645 20692206992071220721207602075211653 20787206791 1 6 7 0 11664 20736116752066711674 1 1 6 6 8 11672 1166111669 11544 2071520739207352079511643 2077711666206912069711653 11550 20724207402079620756208042080811681 11569 11637 11588 2072520769207722078020801206612067611676 11593 11580 11610 2070520726207502075520763206642067011631 11673 2072020802206 B ST.RIV ER R D . WE S T 117 AVE.GRAVES ST.3 P 16749 8 1P 8 541 8 P 8 121 83 9 12 P 25068374 P 58300LMP 1862302 328 306 P 81218 38 39 6 10 2 5 Rem 8NWS 3345 A P 23180Rem P 43793 P 43797 LMP 5112 P 43797 5 1 A B P 20332 27 LMS 80930 P 25068 300 1 P 20181283 2 4 13 6 10 29 B D C 303 284 329 36 L 7 1 1 28 LMP 2092P 58300 P 66930301 4 2 37 7 LMP 13822LMP 355512 P 85673LMP 1862P 21047375 LMP 9843376 37 8 P 8 121 840 11 4 P 669019 377P 70862Rem 387LMP 5112 5 1 6 3 2 373 A A 195 304 P 31152 305 *PP056LMP 13823LMP 13823EP 43798 RW 75787 RW 85419 LMP 30217 LMP 28549LMP 28548 RP 8072 LMP 7841 207 ST.RIVER ROAD ´ SCALE 1:1 ,50 0 MAPLE RID GE ZONE AMENDING Bylaw No. 6896-2012Map No. 1557From: RS-1 (One Family Urban Residential) To: R-1 (Residential District) District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: October 23, 2012 and Members of Council FILE NO: RZ/116/10 FROM: Chief Administrative Officer MEETING: Council SUBJECT: Final Reading: Zone Amending Bylaw No. 6793-2011 12393 203 Street EXECUTIVE SUMMARY: Bylaw 6793-2011 has been considered by Council at Public Hearing and subsequently was granted Second and Third Reading. The applicant has requested that Final Reading be granted. The purpose of the rezoning is to permit the subdivision into three lots to be zoned RS-1b with an area not less than 557 m2 each. The proposed Subdivision plan is attached as Appendix C. RECOMMENDATION: That Zone Amending Bylaw No. 6793-2011 be adopted. DISCUSSION: a) Background Context: Council considered this rezoning application at a Public Hearing held on August 30, 2011. Based on the concerns expressed by the surrounding residents to this application, Council deferred Third Reading on August 30, 2012 until the concerns had been addressed. With the applicant agreeing to restrict the design of the houses to a single-storey, rancher style home, Council granted Third Reading on November 08, 2011 to Maple Ridge Zone Amending Bylaw No. 6793-2011 with the stipulation that the following conditions be addressed: i. Road dedication as required; ii. Removal of the existing buildings; iii. A disclosure statement must be submitted by a Professional Engineer advising whether there is any evidence of underground fuel storage tanks. If there is evidence, a site profile pursuant to the Waste Management Act must be provided in accordance with the regulations; iv. Pursuant to the Contaminated Site Regulations of the Environmental Management Act, the subdivider will provide a Site Profile for the subject land. - 2 - The following applies to the above: i. A two metre road dedication across the 203rd Street frontage has been approved; ii. All existing buildings have been removed; iii. A disclosure statement from a registered Professional Engineer stating there is not evidence of an underground storage tank has been received; and iv. A Site Profile has been received for the subject property. b) Additional Information: On November 8, 2011, Council added the condition that a Design Covenant restricting the design of the proposed homes to a single-storey, rancher style home be added as a condition of rezoning. This design covenant has been registered on title of the subject land. A Development Variance Permit DVP/116/10 is requested to allow a reduction in the minimum lot width from 15 metres to 14.58 metres. This application will be brought before the same Council meeting as this rezoning application. CONCLUSION: As the applicant has met Council’s conditions, it is recommended that Final Reading be given to the bylaw. “Original signed by Ingrid Milne” _______________________________________________ Prepared by: Ingrid Milne Planning Technician "Original signed by Charles R. Goddard" _______________________________________________ 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 Paul Gill" ______________________________________________ Concurrence: J. L. (Jim) Rule Chief Administrative Officer The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Zone Amending Bylaw No.6793-2011 Appendix C – Subdivision Plan City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Oct 11, 2012 FILE: RZ/116/10 BY: PC 12393 203 STREET CORPORATION OFTHE DISTRICT OFMAPLE RIDGE PLANNING DEPARTMENT SUBJECT PROPERTY ´ Scale: 1:2,000 CORPORATION OF THE DISTRICT OF MAPLE RIDGE BYLAW NO. 6793 - 2011 A Bylaw to amend Map "A" forming part of Zoning Bylaw No. 3510 - 1985 as amended. ___________________________________________________________ WHEREAS, it is deemed expedient to amend Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended; 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 Zone Amending Bylaw No. 6793-2011." 2. That parcel or tract of land and premises known and described as: Lot 80 District Lot 263 Group 1 New Westminster District Plan 40628 and outlined in heavy black line on Map No. 1508 a copy of which is attached hereto and forms part of this Bylaw, is hereby rezoned to RS-1b (One Family Urban (Medium Density) Residential). 3. Maple Ridge Zoning Bylaw No. 3510 - 1985 as amended and Map "A" attached thereto are hereby amended accordingly. READ a first time the 22nd day of February, A.D. 2011. READ a second time the 26th day of July, A.D. 2011. PUBLIC HEARING held the 30th day of August, A.D. 2011. READ a third time the 8th day of November, A.D. 2011. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20 . _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 20285 20267202972033812451 12332 124111241520383 2042112420 12411 202582026020262203112029212491 20323203772039520390124812 0 3 1 6 20324 12387 12409 202782029820270202882029620323203122033712470 12490 12494 20321202882026520285203082033120338203352033012345 12489 12388 203052037112468 20389203992043512395 12401 12465 124752 02 57 2026620285203242029412351 12433 20381/83203022040012488 12485202752028220295203212030320311203342032812309 12327 12373 12484 20304203082032012480 12415 12481 12469 2031212438 204101244512455 2027820261202752028812471 2031412480 12498 203272034712387 12393 123222038212464 2031112483 12430 12482 12486 2040412484 12487123 B AVE.204 ST.202 B ST.CHATWIN AVE. 124 A AVE. 124 B AVE. 123 AVE. 124 AVE.203 ST.204 ST.125 AVE. 85 88 1 64 9 13 P 26590 53 P 17085 E 150' 4 10 LMP 52542 12 43 10 13 19 27 P 87658 89 18 P 18706 82 P 42230 91 57 S 52' 7P 4062878 15 1 P 72064 LMP 6140 7 7 11 23 3 42 87 P 227477 22 17 81 P 73431 3 2 Rem 45 P 72064 1 13 P 37662 4 11 9 10 P 75346 P 21555 20 83 P 73431 P 15611 1 8 4 1 31P 75346LMP 36043 P 42230 2 P 85340 44 45P 7343116 P 73431 13 P 19098 8 LMS 14 7 5 6 P 7486130 LMP 3604 2 84 P 3290252 10 12 P 40628 16 P 13221P 78325 15 2 2 LMP 61409 P 783258 12 20 26 P 87652 3 43 19P 19098 8 90 Rem 7 46P 21555 SK 12100 14 14 910 1 9 1 6 Rem 42 5 21LMP 61402 1 P 21555 P 42230 12 11 15 80 G *LMP13506 P 43216 3 3 P 78325 3 P 72064 8 6 22 29 28 LMP 6759EP 42229EP 73186LMP 351 LMP6713LMP 5256EP 42229 3.0 EP 72063 EP 74860RW U39087EP 73432EP 73934LMP 5255 LMP 6141´ SCALE 1:2,000 MAPLE RIDGE ZONE AMENDING Bylaw No.Map No. From: To: 6793-20111508RS-1 (One Family Urban Residential) RS-1b (One Family Urban (Medium Density) Residential) District of Maple Ridge TO: His Worship Mayor Ernie Daykin MEETING DATE: October 23, 2012 and Members of Council FILE NO: SD/040/09 FROM: Chief Administrative Officer MEETING: COUNCIL SUBJECT: Final Reading: Local Area Service Bylaw No. 6948-2012 Upper Jackson Enhanced Landscape Maintenance 10125 248 Street EXECUTIVE SUMMARY: Local Area Service Bylaw No. 6948-2012 was considered by Council on October 9, 2012 and subsequently was granted First, Second and Third Readings. The applicant has requested that Final Reading be granted. The purpose of the bylaw is to provide for enhanced landscape maintenance of two parkettes, three landscape areas, and the emergency access area within the development. The bylaw would require the future property owners of each of the 108 lots to pay an annual fee as a Local Service Tax for the enhanced landscape maintenance areas within the development. Subdivision is proposed to occur in two phases and the Upper Jackson Local Area Service Bylaw No. 6948-2012 will apply to both phases. RECOMMENDATION: That Upper Jackson Local Area Service Bylaw No. 6948-2012 be adopted. DISCUSSION: a) Background Context: A Local Area Service, was formally petitioned by the property owner of 10125 248 Street per Community Charter, Part 7, Division 5, 211 (1)(a). Upper Jackson Local Area Service Bylaw No. 6948-2012 was considered and subsequently granted First, Second and Third Readings on October 9, 2012. The Local Area Service Bylaw will ensure enhanced landscape maintenance of two parkettes, three landscape areas, and the emergency access area that will result from the subdivision of the site. The developer of the site will be responsible for the enhanced landscaped areas installation and maintenance costs, ensuring 100% survival, for the first five years. The costs for ongoing maintenance in subsequent years will then be provided by the 108 property owners. The cost recovery method would be the collection of 100% of the enhanced landscaping maintenance costs as a Local Service Tax. - 2 - CONCLUSION: It is recommended that Final Reading be given to Upper Jackson Local Area Service Bylaw No. 6948- 2012. "Original signed by Amelia Bowden" _______________________________________________ Prepared by: Amelia Bowden Planning Technician "Original signed by Charles R. Goddard" _______________________________________________ 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 AB /dp The following appendices are attached hereto: Appendix A – Subject Map Appendix B – Upper Jackson Local Area Service Bylaw No. 6948-2012 City of PittMeadows District ofLangley District of MissionFRASER R. ^ DATE: Sep 25, 2012 VP/040/09 BY: JV 10125-248 St CORPORATION OFTHE DISTRICT OFMAPLE RIDGE P L A N NIN G D E P A RT M E N T2465 02472 62474 0 1004 0 1015 0 2474 22475 02476 02477 02478 02477 02479 02473 0 1012 5 2466 02475 0 1007 6 1010 4 2467 02470 8 2472 0 1018 0 2485 5 100 A V E . JA CK S ON RD . 102 A A V E . BCP 46878 EPP 9830 14 Rem N 1/2 of NE 1/4 13 PARK BCP 46878 8 9 4 P 1208 BCP 47688 PARK P 16340 2 P 29247 29 BCP 46878 1 Rem 16 30 Provincial gravel pit 10 6 8 Municipal gravel pit BCP 33649 A Section 3 Township 12 5 3 P 1208 P 36818 NWP 6502 P 16340 PARK PARK PARK 12 A 7 PARK Rem 17 11 BCP 17387 Subject Property ´ Scale: 1:2,500 CORPORATION OF THE DISTRICT OF MAPLE RIDGE LOCAL AREA SERVICE Bylaw No. 6948-2012 A Bylaw to authorize a municipal service to maintain enhanced landscape areas; to define the benefitting lands; and to establish that the cost of the municipal service shall be borne by the owners of real property within such defined area. WHEREAS, Council has been petitioned to provide a municipal service pursuant to Division 5, Section 210 of the Community Charter S.B.C. 2003, c.26 (the “Community Charter”); AND WHEREAS the Municipal Clerk has certified that the petition received for the municipal services does constitute a sufficient and valid petition; AND WHEREAS it is deemed expedient to proceed with the works; AND WHEREAS the “Maple Ridge Local Area Service Policy”, as amended, provides that the cost of providing a municipal service shall be recoverable from each of the existing parcels of land and all future lots created by subdivision of the parcels, specifically: Lot A Section 3 Township 12 New Westminster District Plan BCP46878 that will benefit from the service. 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 “Upper Jackson Local Area Service Bylaw No. 6948-2012”. 2. The contents of Schedules “”A”, “B” and “C” attached hereto are hereby declared to be made an integral part of this Bylaw. 3. The Local Area Service of the District for the benefit of which the enhanced landscape areas are to be maintained as a municipal service are defined as the hatched areas on the attached Schedule “A”. 4. The recommended procedures and frequencies for maintenance and Annual Charges are described on the attached Schedule “B”. 5. The enhanced landscape area planting plan “Landscape Plan LAS Area”, drawing L7, dated May 14, 2012, by M2 Landscape Architects; is attached as Schedule “C”. 6. This bylaw shall take effect as of the date of adoption hereof. READ a first time the 9th day of October, A.D. 2012. READ a second time the 9th day of October, A.D. 2012. READ a third time the 9th day of October, A.D. 2012. RECONSIDERED AND FINALLY ADOPTED, the day of , A.D. 20. _____________________________ ____________________________ PRESIDING MEMBER CORPORATE OFFICER 248 ST.´ SCALE 1:3,000 MAPLE RIDGE LOCAL AREA SERVICE BYLAW Bylaw No. 6948-2012 Enhanced Landscape Areas Original Lot Boundary Schedule "A" CORPORATION OF THE DISTRICT OF MAPLE RIDGE LOCAL AREA SERVICE BYLAW NO. 6948-2012 SCHEDULE “B” Class of Work: The establishment, maintenance and replacement of parkette areas, secondary landscape areas and emergency access areas as indicated by bold outline on Schedule “A” are to be be maintained as per the recommended procedures and frequencies for maintenance “Level 5 – Background & Natural Areas” of the BC Landscape Standard. (BC Society of Landscape Architects and BC Landscape & Nursery Association). Annual Charge: The Annual Charge is based on a per lot basis for each of the 108 lots created by the subdivision of: Lot A Section 3 Township 12 New Westminster District Plan BCP46878 of $14.26 starting in 2018. The charges established under this Bylaw shall be specifically charged against the parcels benefitting from the work, payable by a per lot basis levied year by year. The Annual Charge Adjustment: The annual charge will be reviewed every three years by the Operations Department, and adjusted accordingly to reflect any change in maintenance requirements or costs, and to reflect any increase in the Consumer Price Index (CPI) for Vancouver, BC for the immediately preceding year commencing with 2018, as provided by Statistics Canada. District of Maple Ridge COMMITTEE OF THE WHOLE MEETING MINUTES October 15, 2012 1:00 p.m. Council Chamber PRESENT Elected Officials Appointed Staff Mayor E. Daykin J. Rule, Chief Administrative Officer Councillor C. Ashlie K. Swift, General Manager of Community Development, Councillor C. Bell 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. Carter, Director of Planning ABSENT C. Marlo, Manager of Legislative Services Councillor J. Dueck Other Staff as Required A. Kopystynski, Planner S. Blue, Manager of Strategic Economic Initiatives D. Denton, Business Retention & Expansion Officer L. Benson, Manager of Sustainability and Corporate Planning 1. DELEGATIONS/STAFF PRESENTATIONS 1.1 Economic Development Update The Manager of Strategic Economic Initiatives gave a PowerPoint presentation providing an overview of the economic development in Maple Ridge and in association with the City of Pitt Meadows and the District of Mission. She outlined economic priorities and strategies for further community development. 2. PUBLIC WORKS AND DEVELOPMENT SERVICES Note: The following items have been numbered to correspond with the Council Agenda: Committee of the Whole Minutes October 15, 2012 Page 2 of 5 1101 2012-017-RZ, 11750 and 11736 Burnett Street, RS-1 to R-1 Staff report dated October 15, 2012 recommending that Maple Ridge Zone Amending Bylaw No. 6909-2012 to rezone from RS-1 (One Family Urban Residential) to R-1 (Residential District) to permit subdivision into 5 single family lots be given second reading and be forwarded to Public Hearing. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Proposed Subdivision RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. 1102 RZ/033/08, 10366 240 Street, Amended Second Reading, RS-2 to R-3 Staff report dated October 15, 2012 recommending that the second and third readings for Maple Ridge Zone Amending Bylaw No. 6621-2008 be rescinded and that Maple Ridge Zone Amending Bylaw No. 6621-2008 as amended be given second reading and be forwarded to Public Hearing to permit future subdivision into 13 residential lots. The Planner gave a Power Point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Proposed Subdivision Plan RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. Committee of the Whole Minutes October 15, 2012 Page 3 of 5 1103 DVP/116/10, 12393 203 Street Staff report dated October 15, 2012 recommending that the Corporate Officer be authorized to sign and seal DVP/116/10 to vary minimum frontage requirements. The Manager of Development and Environmental Services gave a Power Point presentation providing the following information: • Application Information • Subject Map • Neighbourhood Context • OCP Context • Site Characteristics • Proposed Site Plan RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. 3. FINANCIAL AND CORPORATE SERVICES (including Fire and Police) 1131 Disbursements for the month ended September 30, 2012 Staff report dated October 15, 2012 recommending that the disbursements for the month ended September 30, 2012 be approved. RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. 1132 District-Owned Downtown Parking Lots Staff report dated October 15, 2012 recommending that the staff proceed with a tender process to select a service provider to manage five District- owned surface parking lots, that staff be directed to develop a long term use and management plan and consider alternate uses for District owned parking lots. The Business Retention & Expansion Officer reviewed the report. Committee of the Whole Minutes October 15, 2012 Page 4 of 5 RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. 1133 2013 Council Meeting Schedule Staff report dated October 15, 2012 recommending that the 2013 Council Meeting Schedule be adopted. The Manager of Legislative Services reviewed the report. The committee recommended that the schedule be adjusted to accommodate the Federation of Canadian Municipalities and the Union of British Columbia Municipalities conferences. RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. Note: Councillor Hogarth and Councillor Morden excused themselves from discussion of Item 1134 at 2:13 p.m. Councillor Hogarth manages property referred to in the report and Councillor Morden owns property in the downtown area. 1134 Revitalization Tax Exemption Agreements Staff report dated October 15, 2012 recommending that the Corporate Officer be authorized to execute Revitalization Tax Exemption Agreements with the qualified property owners. The Manager of Sustainability and Corporate Planning reviewed the report. She gave a PowerPoint presentation providing an overview of the program. RECOMMENDATION That the staff report be forwarded to the Council Meeting of October 23, 2012. 4. COMMUNITY DEVELOPMENT AND RECREATION SERVICES - Nil 5. CORRESPONDENCE – Nil Committee of the Whole Minutes October 15, 2012 Page 5 of 5 6. OTHER ISSUES – Nil 7. ADJOURNMENT – 2:20 p.m. Note: Councillor Hogarth and Councillor Morden returned at 2:21 p.m. 8. COMMUNITY FORUM Bob Jones – Chair, Maple Ridge Downtown Parking Society Mr. Jones advised that the Maple Ridge Downtown Parking Society had collected fees to acquire lots discussed in Item 1132 and that the title had gone to the Municipality based on the fact that a society could not own property. He advised that $2.8 million has been paid and the lots were for the purpose of employee parking. Mr. Jones also advised that he was informed on October 12 of the report and expressed concern that he has not been part of the process. He stated that an agreement regarding the sale of the property is in place. __________________________________ R. Masse, Acting Mayor Presiding Member of the Committee January 2013 Sun Mon Tue Wed Thu Fri Sat 1 STAT NEW YEAR’S DAY 2 3 4 5 6 7 C/W COW CLOSED 8 COUNCIL 9 10 11 12 12 13 14 PUBLIC HEARING 15 16 17 18 19 20 C/W COW CLOSED 21 COUNCIL 22 23 24 25 26 27 28 29 30 31 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole February 2013 Sun Mon Tue Wed Thu Fri Sat 1 DAY 1 2 3 4 C/W COW CLOSED 5 6 7 8 9 10 11 STAT FAMILY DAY 12 COUNCIL 13 14 15 16 17 18 C/W COW CLOSED 19 PUBLIC HEARING 20 21 22 23 24 25 26 COUNCIL 27 28 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole March 2013 Sun Mon Tue Wed Thu Fri Sat 1 DAY 1 2 3 4 C/W COW CLOSED 5 6 7 8 9 10 11 12 COUNCIL 13 14 15 16 17 18 C/W COW CLOSED 19 PUBLIC HEARING 20 21 22 23 24 25 26 COUNCIL 27 28 29 STAT GOOD FRIDAY 30 31 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole April 2013 Sun Mon Tue Wed Thu Fri Sat 1 STAT EASTER MONDAY 2 3 4 5 6 7 8 C/W COW CLOSED 9 COUNCIL 10 11 12 13 14 15 16 PUBLIC HEARING 17 18 19 20 21 22 C/W COW CLOSED 23 COUNCIL 24 25 26 27 28 29 30 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole May 2013 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 C/W COW CLOSED 7 8 9 10 11 12 13 14 COUNCIL 15 16 17 18 19 20 STAT VICTORIA DAY 21 PUBLIC HEARING 22 23 24 25 26 27 C/W COW CLOSED 28 COUNCIL 29 30 31 June 1 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole June 2013 Sun Mon Tue Wed Thu Fri Sat May 31 1 2 3 4 5 6 7 8 9 10 C/W COW CLOSED 11 COUNCIL 12 13 14 15 16 17 C/W COW CLOSED 18 PUBLIC HEARING 19 20 21 22 23 24 25 COUNCIL 26 27 28 29 30 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole July 2013 Sun Mon Tue Wed Thu Fri Sat 1 STAT CANADA DAY 2 3 4 5 6 7 8 C/W COW CLOSED 9 COUNCIL 10 11 12 13 14 15 16 PUBLIC HEARING 17 18 19 20 21 22 C/W COW CLOSED 23 COUNCIL 24 25 26 27 28 29 30 31 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole August 2013 Sun Mon Tue Wed Thu Fri Sat July 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C/W COW CLOSED 27 PUBLIC HEARING COUNCIL 28 29 30 31 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole September 2013 Sun Mon Tue Wed Thu Fri Sat 1 2 STAT LABOUR DAY 3 4 5 6 7 8 9 C/W COW CLOSED 10 COUNCIL 11 12 13 14 15 16 17 18 19 20 21 22 23 C/W COW CLOSED 24 PUBLIC HEARING COUNCIL 25 26 27 28 29 30 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole October 2013 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 C/W COW CLOSED 8 COUNCIL 9 10 11 12 13 14 STAT THANKSGIVING 15 PUBLIC HEARING 16 17 18 19 20 21 C/W COW CLOSED 22 COUNCIL 23 24 25 26 27 28 29 30 31 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole November 2013 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 C/W COW CLOSED 5 6 7 8 9 10 11 STAT REMEMBRANCE DAY 12 COUNCIL 13 14 15 16 17 18 C/W COW CLOSED 19 PUBLIC HEARING 20 21 22 23 24 25 26 COUNCIL 27 28 29 30 Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole December 2013 Sun Mon Tue Wed Thu Fri Sat 1 2 C/W COW CLOSED 3 4 5 6 7 8 9 BUSINESS PLANNING 10 BUSINESS PLANNING PUBLIC HEARING COUNCIL 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STAT CHRISTMAS DAY 26 STAT BOXING DAY 27 28 29 30 31 NEW YEAR’S EVE Council Meetings Schedule 2013 C/W — Council Workshop COW — Committee of the Whole