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Administrative Penalties Bylaw

Bylaw #: 2020-69

Description: Establishes a process for Administrative Penalties.

Date passed: April 7, 2020

Disclaimer: Bylaws contained in this section have been prepared for research and reference purposes only. The original Administrative Penalties Process Bylaw in pdf format is available from the Office of the City Clerk upon request.

Whereas section 434.1(1) of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an Administrative Penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under that Act; and

Whereas Council deems it necessary and expedient to establish a process for imposing, adjudicating and collecting administrative penalties in relation to contraventions of designated by-laws passed under the Act in conjunction with other municipal, Provincial and Federal enforcement mechanisms created in response to COVID-19 pandemic emergency;

Therefore be it resolved that Bylaw Number 2020-69, being "A Bylaw to Establish a Process for Administrative Penalties" is hereby enacted as follows:

"Act" means the Municipal Act,

"Administrative Penalty" means an Administrative Monetary Penalty established by Bylaw;

"Bylaw" means this by-law and any schedule to this by-law as they may be amended from time to time;

"City" means The Corporation of the City of Kingston;

"Council" means the City's

"Declaration of Municipal Emergency" means a declaration of the Head Council made pursuant to section 4(1) of the EMCPA;

"Designated Bylaw" means each by-law that is designated by Council as a by-law to which this Bylaw applies as set out in Schedule A to this Bylaw or as referenced in any Order of the Head of Council issued pursuant to a Declaration of Municipal Emergency;

"Director" means (i) the Director, Building and Enforcement Services, or (ii) in his or her absence, the duly appointed designate, or (iii) in the event of organizational changes or otherwise, the director of the appropriately titled department assigned duties under this bylaw or designate;

"EMCPA" means the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E 9, as amended from time to time;

"Fee – Appeal No-Show" means an administrative fee from time to time established by the Fees and Charges Bylaw in respect of a Person's failure to appear at the time and place scheduled for a hearing before a Hearings Officer;

"Fee – Late Payment" means an administrative fee from time to time established by the Fees and Charges Bylaw in respect of a Person's failure to pay an Administrative Penalty by the date on which it is due and payable;

"Fee – Screening No-Show" means an administrative fee from time to time established by the General Fees and Charges Bylaw in respect of a Person's failure to appear at the time and place scheduled for a review by a Screening Officer;

"Fees and Charges Bylaw" means City of Kingston Bylaw Number 2005-10, "A Bylaw to Establish Fees and Charges to be Collected by The Corporation of the City of Kingston", as amended from time to time;

"Head of Council" means the Mayor of the City of Kingston;

"Hearings Officer" means any person designated from time to time to perform the functions of a Hearings Officer pursuant to this Bylaw;

"Manager" means the person from time to time performing the functions of the City's Manager, Licensing and Enforcement;

"Municipality" means the geographic area under the jurisdiction of the City;

"Officer" means each of (a) the Director; (b) the Manager; (c) a Municipal Law Enforcement Officer appointed by or under the authority of a City by-law to enforce a Designated Bylaw; and (d) a police officer employed by a municipal police force;

"Penalty Notice" means a notice given pursuant to sections 2.2 and 2.4;

"Penalty Notice Date" means the date specified on the Penalty Notice pursuant to section 2.4;

"Penalty Notice Number" means the number specified on the Penalty Notice pursuant to section 2.4;

"Person" includes an individual, partnership, association, firm or corporation;

"Screening Decision" means a decision made by a Screening Officer pursuant to section 3.7;

"Screening Decision Date" means the date on which a Screening Decision is made pursuant to section 3.7;

"Screening Officer" means any person designated from time to time to perform the functions of a Screening Officer pursuant to this Bylaw;

2.1. Subject to sections 2.3, 3 and 4, each Person who contravenes a provision of a Designated Bylaw shall, if given a Penalty Notice, be liable to pay to the City an Administrative Penalty in the amount specified by the Designated Bylaw, for each day or part of a day on which the contravention occurs.

2.2. An Officer who has reasonable grounds to believe that a Person has contravened any provision of a Designated Bylaw may give to the Person a Penalty Notice.

2.3. The Director may, before 4:30 pm of the tenth (10th) day after the Penalty Notice Date, cancel the Administrative Penalty.

2.4. The Penalty Notice shall be given to the Person as soon as is reasonably practicable after the contravention has occurred and shall include the following information:

  1. the date the Penalty Notice is given;
  2. a reference number that is unique to that Penalty Notice;
  3. particulars of the contravention, including the date and location of the contravention, and the Person(s) to whom the Penalty Notice is being given;
  4. the monetary amount of the Administrative Penalty;
  5. the actions that must be taken by the person(s) named in the order to comply and any date by which compliance is required
  6. such information as the Director determines is appropriate respecting the process by which the Person may exercise the Person's right to request a review of the Administrative Penalty; and
  7. a statement advising that an Administrative Penalty will, unless cancelled or reduced pursuant to the review and appeal processes, constitute a debt of the Person to the City.

2.5. A Person who is given a Penalty Notice may request that the Administrative Penalty be reviewed by a Screening Officer pursuant to section 3.

3.1. Section 3 applies to reviews of an Administrative Penalty by a Screening Officer.

3.2. Subject to section 3.3, a Person's right to request a review expires if it has not been exercised in the manner prescribed in section 3.4 before 4:30 p.m. on the fifteenth (15th) day after the date receipt of the Penalty Notice is deemed to have occurred pursuant to section 5.

3.3. A Person's right to request an extension of the time to request a review expires if it has not been exercised in the manner prescribed in section 3.4 before 4:30 p.m on the fifteenth (15th) day after the date receipt of the Penalty Notice is deemed to have occurred pursuant to section 5, at which time:

  1. the Person shall be deemed to have waived the right to request a review;
  2. the Administrative Penalty shall be deemed to be affirmed; and
  3. the Administrative Penalty shall not be subject to review, including review by any Court. No extension granted under this section will extend beyond the forty-second (42nd) day after the date receipt of the Penalty Notice is deemed to have occurred pursuant to section 5.

3.4. A Person's rights to request a review and to request an extension of time to request a review are exercised by giving to the City written notice of the request to review that includes:

  1. the Penalty Notice Number;
  2. the Person's mailing address and, if applicable, facsimile transmission number and/or e-mail address;
  3. in the case of a request to extend the time to request a review, the reasons, if any, for having failed to exercise the right to request a review within the time limited by section 3.2;
  4. particulars of all grounds upon which the request to review is based; and
  5. the Person's election to:
    1. meet with a Screening Officer for the review; or to
    2. have the review undertaken by a Screening Officer in writing in respect of the particulars provided by the Person pursuant to paragraph 3.4(d).

3.5. Where the Person elects to meet with a Screening Officer pursuant to clause 3.4(e)(i), the Person shall be given notice of the date, time and place of the review.

3.6. Where the Person elects to meet with a Screening Officer pursuant to clause 3.4(e)(i) and the Person fails to appear at the time and place scheduled for a review or fails to remain at such place until the Screening Officer has made a Screening Decision respecting the Administrative Penalty,

  1. the Person shall be deemed to have abandoned the request for the review;
  2. the Administrative Penalty shall be deemed to be affirmed;
  3. the Administrative Penalty shall not be subject to review, including review by any Court; and
  4. the Person shall pay to the City an additional Fee-Screening No-Show.

3.7. Subject to sections 3.3 and 3.6, the Screening Officer may

    1. extend the time to request a review;
    2. receive submissions from the officer who issued the Penalty Notice under review; and
    3. cancel, reduce or extend the time for payment of the Administrative Penalty and any administrative fees respecting that Administrative Penalty where the Screening Officer is satisfied that doing so would maintain the general intent and purpose of the Designated Bylaw and that:
      1. there is reason to doubt that the person contravened the Designated Bylaw; or that
      2. the person took all reasonable steps to prevent the contravention; or that
      3. the cancellation, reduction or extension of the time for payment is necessary to relieve undue financial hardship.

3.8. The Screening Decision shall be given to the Person in writing as soon as is reasonably practicable.

3.9. The Person may appeal to a Hearings Officer against the Screening Decision pursuant to section 4.

4.1. Section 4 applies to appeals to a Hearings Officer against Screening Decisions:

4.2. The right to appeal is limited to the following:

  1. A Person who has been given a Screening Decision pursuant to section 3.8; and
  2. the Director.

4.3. A Person's right to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:30 p.m. on the fifteenth (15th) day after the Screening Decision Date.

4.4. A Person's right to request an extension of the time to appeal expires if it has not been exercised in the manner prescribed in section 4.5 before 4:30 p.m. on the fifteenth (15th) day after the Screening Decision Date at which time:

  1. the Person shall be deemed to have waived the right to appeal;
  2. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed; and
  3. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court. No extension granted under this section will extend beyond the forty-second (42nd) day after the Screening date.

4.5. A right to appeal is exercised by giving to the City written notice of the appeal that includes:

  1. the Penalty Notice Number;
  2. the Person's mailing address and, if applicable, facsimile transmission number and/or e-mail address;
  3. in the case of a request to extend the time to appeal, the reasons, if any, for having failed to exercise the right to appeal within the time limited by section 4.3; and
  4. particulars of all grounds upon which the appeal is made.

4.6. The Person shall be given no fewer than seven (7) days' notice of the date, time and place of the hearing of the appeal.

4.7. Where the Person fails to appear at the time and place scheduled for a hearing of the appeal:

  1. the Person shall be deemed to have abandoned the appeal;
  2. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall be deemed to be affirmed;
  3. the Screening Decision and the Administrative Penalty as it may have been affected by the Screening Decision shall not be subject to review, including review by any Court; and
  4. the Person shall pay to the City an additional Fee - Appeal No-Show.

4.8. Except in the case of a Person who is deemed to have abandoned their appeal, a Hearings Officer shall not make any decision respecting an appeal unless the Hearings Officer has given each of the Person, the Director and the Officer who gave the Penalty Notice an opportunity to be heard at the time and place scheduled for the hearing of the appeal.

4.9. Subject to sections 4.4, 4.7 and 4.8, a Hearings Officer may:

    1. extend the time to request an appeal; and may
    2. make any decision that the Screening Officer could have made pursuant to this Bylaw.

4.10. The decision of a Hearings Officer is final and not subject to review including review by any Court.

5.1. Subject to section 5.3, any notice or document respecting this Bylaw, including the Penalty Notice, may be given in writing in any of the following ways and is effective:

  1. a copy is placed on or affixed in any manner to a Person's
  2. a copy is delivered to the Person to whom it is addressed;
  3. on the third (3rd) day after a copy is sent by registered mail or by regular lettermail to the Person's last known address;
  4. the conclusion of the transmission of a copy by facsimile to the Person's last known facsimile transmission or
  5. the sending of the notice or document or a copy thereof by e-transmission to the Person's last known e-mail address.

5.2. For the purpose of section 5.1, a Person's last known address, last known facsimile transmission number and last known e-mail address are deemed to include those provided by the Person pursuant to paragraphs 3.4(b) and 4.5(b).

5.3. Any notice or document respecting this Bylaw to be given to the City shall be in writing, shall be given in any of the following ways, and is effective:

  1. when a copy is delivered to the Clerk of the City of Kingston during regular business hours at its reception area, located on the first floor, City Hall, 216 Ontario Street, Kingston, Ontario;
  2. on the third (3rd) day after a copy is sent by registered mail or by regular lettermail to "Administrative Penalties, City of Kingston, c/o City Clerk, City of Kingston, 216 Ontario Street, Kingston, Ontario, K7L 2Z3";
  3. upon the conclusion of the transmission of a copy by facsimile transmission to 613-546-5232; or
  4. upon the sending of the notice or document or a copy thereof by e-mail transmission to "CityClerk@cityofkingston.ca".

6.1. No Officer who gives a Penalty Notice may accept payment of the Administrative Penalty respecting that Penalty Notice.

6.2. An Administrative Penalty that is affirmed or reduced or in respect of which the time for payment has been extended pursuant to this Bylaw is due and payable and constitutes a debt to the City of each Person to whom or to which the Penalty Notice was given.

6.3. Where a Person has paid an Administrative Penalty or an administrative fee that is then cancelled or reduced pursuant to this Bylaw, the City shall refund the amount cancelled or reduced.

6.4. Where an Administrative Penalty or any administrative fees respecting that Administrative Penalty are not paid within fifteen (15) days after the date that they become due and payable, each Person to whom the Penalty Notice was given shall pay to the City an additional Fee - Late Payment.

7.1. Complaints and comments respecting the administration of the City's system of administrative penalties may be given to the Director. The Director shall consider each such complaint or comment in relation to the Director's consideration of opportunities for improvements to the City's system of administrative penalties.

8.1. The Director may appoint as Screening Officers and Hearings Officers such individuals and on such terms as the Director considers appropriate.

8.2. Nothing in this Bylaw limits the City's right to enforce a Designated Bylaw by any other legal means or to use any other process of enforcement available under law.

8.3. The short title of this Bylaw is the "Administrative Penalty Process Bylaw".

This Bylaw was Given all Three Readings and Passed: April 7, 2020

Bylaw Number Date Passed
2020-114 August 11, 2020
2021-13 January 12, 2021
2021-103 July 13, 2021
2021-167 October 5, 2021
2022-8 January 11, 2022
2022-105 July 12, 2022
2023-195 November 7, 2023
2023-215 December 5, 2023
2024-148 March 5, 2024

Schedules

  • City of Kingston Bylaw Number 2004-52, being "A Bylaw to Regulate Noise"
  • City of Kingston Bylaw Number 2018-53, being "A Bylaw to Regulate Nuisance Parties within the City of Kingston"
  • City of Kingston Bylaw Number 2014-5, being "Solid Waste Management Bylaw"
  • City of Kingston Bylaw Number 2007-136, being "A Bylaw to Provide for Maintaining Land in A Clean and Clear Condition"
  • City of Kingston Bylaw Number 2009-76, being "A Bylaw to Provide for The Regulation Use of Parks and Recreation Facilities of The Corporation Of The City Of Kingston"
  • City of Kingston Bylaw Number 2006-122, being "A Bylaw to Provide for the Regulation of Water Supply for the City of Kingston"
  • City of Kingston Bylaw Number 2018-15, being "A Bylaw to Prohibit and Regulate the Destruction or Injuring of Trees in the City of Kingston"
  • City of Kingston Bylaw Number 2021 -10, being "A Bylaw to License and Regulate Short-term Rentals in the City of Kingston"
  • City of Kingston Bylaw Number 2022-6, being "A Bylaw to Regulate and License Transportation Network Companies in the City of Kingston
  • City of Kingston Bylaw Number 2023-214, being "Community Standards Bylaw
  • City of Kingston Bylaw Number 2004–190, being "A Bylaw To Regulate The Use Of City Streets"
  • City of Kingston Bylaw Number 2005–100, being "A Bylaw For Prescribing Standards For The Maintenance And Occupancy Of Property Within The City Of Kingston"

Bylaw Number 2004-52, A Bylaw to Regulate Noise

Bylaw section Short wording Penalty amount
4.1(A)(1) Make/cause/permit noise by operating a motor vehicle in a race $75
4.1(A)(1) Make/cause/permit noise by operating a motorized snow vehicle in a race $75
4.1(A)(3) Make/cause/permit noise by operating a combustion engine or pneumatic device without an effective exhaust muffling device $75
4.1(A)(4) Make/cause/permit noise by operating any item of construction equipment without an effective exhaust muffling device $75
4.1(A)(5) Make/cause/permit noise by operating a vehicle in a manner that results in, banging, clanking, squealing or similar sounds because of inadequate maintenance or an improperly secured load. $75
4.1(A)(6) Make/cause/permit noise by operating the horn of a vehicle except in accordance with good safety practice. $150
4.1(A)(7) Make/cause/permit noise by operating any outdoor auditory signalling device or amplification of sounds by electronic means, except in accordance with good safety practice. $200
4.1(A)(8) Make/cause/permit noise by persistent barking, calling or whining or other similar persistent noisemaking by animals and birds kept as household pets. $75
4.1(A)(9) Selling or advertising by shouting, yelling or amplified sound $50
4.2(B)(1) Make/cause/permit noise by operating construction equipment in connection with construction at a prohibited time $75
4.2(B)(3) Make/cause/permit noise by erecting, altering, repairing, dismantling or any activity related to construction at a prohibited time $150
4.2(B)(4) Make/cause/permit noise by operating a device for amplification of sound at prohibited time $200
4.2(B)(6) Make/cause/permit noise by venting or release of a gas from any machine, device or system at a prohibited time $75
4.2(B)(8) Make/cause/permit noise by operating commercial car wash equipment at a prohibited time $150
4.2(B)(10) Make/cause/permit noise by operating any motorized conveyance other than on a highway or a place intended for its operation during a prohibited time. $75
4.2(B)(11) Make/cause/permit noise by operating a tool for domestic purposes at a prohibited time. $75
4.2(B)(12) Make/cause/permit noise by loading, unloading, delivering, packing, unpacking at a prohibited time. $50
4.2(B)(15) Make/cause/permit noise by yelling, shouting, hooting or hollering $100
4.2(B)(20) Make/cause/permit noise by unauthorized setting off of fireworks $75
4.3 Obstructing an Officer $500

Bylaw Number 2004-190, "A Bylaw to Regulate The Use of City Streets

Section number Short wording Penalty Amount
4.3 Block or obstruct a highway $180
4.4 Deposit leaves or brush on a highway $180
4.8 Polluting or fouling a highway $180
4.19 Climb utility pole, light standard or tree on a highway $180
4.51 Deposit snow or ice on roadway $180
4.54 Fail to prevent or eliminate slippery condition on sidewalk $180
4.60 Attach a poster, advertisement, or document on a pole, tree, or other object on a highway $180

Bylaw Number 2005-100, A Bylaw For Prescribing Standards For The Maintenance And Occupancy Of Property Within The City Of Kingston

Section number Short wording Penalty Amount
10.2 Failure to Comply with an Order $500

Bylaw Number 2006-122, "A Bylaw to Provide for the Regulation of Water Supply for the City of Kingston

Bylaw section Short wording Penalty amount
7.1(a)(i) Permit/cause the external use of water during the period of June 15th to September 15th on an even calendar date at a municipal address not ending with numbers 0, 2, 4, 6, 8 $50
7.1(a)(ii) Permit/cause the external use of water during the period of June 15th to September 15th on an odd calendar date at municipal address not ending with numbers 1, 3, 5, 7, 9. $50
7.1(a)(iii) Permit/cause the external use of water with a lawn sprinkler or similar device outside the hours of 5 a.m. and 10 a.m. on a day where such use is permitted. $50
8.1 Unauthorized operation of a City fire hydrant $500
8.6 Unauthorized use of water from a City fire hydrant $500

Bylaw Number 2006-213, "Business Licensing Bylaw"

Bylaw Section Short Form Wording Penalty Amount
4.1 Carrying on a trade, business or occupation without a license $150.00
4.22 Obstructing, hindering or interfering with an investigation, inquiries or an inspection $500.00

Bylaw Number 2007-136, A Bylaw to Provide for Maintaining Land in a Clean and Clear Condition

Bylaw section Short wording Penalty amount
4.1 Owner/lessee/occupant - Fail to keep grounds, yard, or vacant land clean and free from objects or conditions that might create a health, fire or accident hazard. $75
4.4 Owner/lessee/occupant – Fail to keep land free and clear of all refuse of any kind. $200
4.6 Place or permit composting material or a compost container to be placed in the front yard or an exterior side yard. $50
4.8 Use land or structure within the City for dumping or disposing of refuse of any kind. $200
4.11 Place/permit the placing of any furniture that is manufactured for interior use outside of a dwelling. $50
4.12 Place/permit the placement of any garbage and/or garbage receptacles or recycling boxes in the front yard, front porch or front deck/balcony of any residential dwellings other than for immediate pickup. $50
4.13 Use land or structure in the City for storing used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale except in accordance with Zoning by-laws. $200
5.8 Obstructing an Officer $500

Bylaw Number 2009-76, A Bylaw to Provide for the Regulation Use of Parks and Recreation Facilities of the Corporation of the City of Kingston

Bylaw section Short wording Penalty amount
5b. Obstructing an Officer $500
5d. Fail to comply with signs that have been erected pursuant to this Bylaw prohibiting various activities. $200
5i. Cause injury or damage to any person or to property $300
21 Conduct a Special Event in a City park unless authorized by permit. $250
31a Fail to comply with an order from a provincial offences officer or employee of the City to stop activity constituting or contributing to a contravention of the by-law. $200

Bylaw Number 2014-5, Solid Waste Management Bylaw

Bylaw section Short wording Penalty amount
5.1(b) Set out Unacceptable Items on its own or mixed with any Waste for which the City provides a collection service. $75
5.1(h) Occupant – permit the setting out of waste prior to 5:00 p.m. $50
5.1(h) Owner - permit the setting out of waste prior to 5:00 p.m. $50
5.1(j) Owner – fail to remove receptacle or items refused for collection prior to 8:00 p.m. $50
5.1(j) Occupant – fail to remove receptacle or items refused for collection prior to 8:00 p.m. $50
5.1(k) Interfere with waste set out for collection $75
5.1(l) No Person shall throw, place or deposit any waste refuse or debris on any property of the City or any local board thereof, or on any Private Property without the authorization of the Owner or Occupant of that property $200
5.1(n) Deposit waste on public property $75
5.1(n) Permit waste to be deposited on public property $75
5.1(o) Set out waste for collection at prohibited location $75
5.1(v) Obstruct or hinder or attempt to obstruct or hinder an Officer or employee or agent of the City $500
5.1(x) Commercial Property Owner in the Special Collection Area - permit the Setting Out of Waste prior to 4:30 p.m. $50
5.1(x) Occupant in the Special Collection Area - permit the Setting Out of Waste prior to 4:30 p.m. $50
5.1(y) Commercial Property Owner in the Special Collection Area - permit the Setting Out of Waste between 9:30 a.m. and 4:30 p.m. daily. $50
5.1(y) Occupant in the Special Collection Area - permit the Setting Out of Waste between 9:30 a.m. and 4:30 p.m. daily. $50
5.1(z) Commercial Property Owner in the Special Collection Area – fail to remove any Receptacle, or any items refused for collection prior to 9:30 a.m. daily $50
5.1(z) Occupant in the Special Collection Area – fail to remove any Receptacle, or any items refused for collection prior to 9:30 a.m. daily $50
5.2(b) Owner or Occupant – permit the setting out of more Garbage per Eligible Property per Scheduled Collection Day without each excess Garbage Receptacle has a Garbage Bag Tag affixed to it. $50
6.1 Deposit or allow the depositing of Waste outside the gate or entrance to a Waste Management Facility. $200
6.3 Interfere with waste at a waste management facility $50

Bylaw Number 2018-15, A Bylaw to Prohibit and Regulate the Destruction or Injuring of Trees in the City of Kingston

Bylaw section Short wording Penalty amount
3 (a) Injure/destroy a tree or cause injury/destruction to a tree without exemption under Section 5, 6 or 7 $350
3 (b) Injure/destroy a tree or cause injury/destruction to a tree without possession of tree permit $350
4 (a) Contravene the terms or conditions of a tree permit $350
4 (b) Fail to comply with an order issued under the Tree Bylaw $350
20 (6) Obstruct an Officer $500

Bylaw Number 2018-53, A Bylaw to Regulate Nuisance Parties within the City of Kingston

Bylaw section Short wording Penalty amount
4.1 Host, conduct or sponsor a nuisance party $2,000
4.5 Fail to comply with an order to cease a nuisance party $500
4.5 Fail to comply with an order to leave premises $500
4.6 Permit or allow Nuisance Party $500
5.3 Use closed highway $500
5.4 Remove device placed on a closed highway $500
5.4 Deface device placed on a closed highway $500
7.2 Obstructing an Officer $500

Bylaw Number 2020-68, A Bylaw for the Provision and Enforcement of Orders During a Declared Emergency

Bylaw section Short wording Penalty amount
4.1 Failure to comply with an Order issued pursuant to section 4.2 of Bylaw Number 2020-68. $2000

Bylaw Number 2021-10, A Bylaw to License and Regulate Short-term Rentals in the City of Kingston

Section number Short wording Penalty Amount
4.1 Market or permit the Marketing of a Short-term Rental without holding a valid Licence. $125
4.2 Operate or permit to be operated a Short-term Rental without holding a valid Licence. $250
4.3 Knowingly submit an application for a Licence that contains false, misleading or deceptive information. $125
7.4 Permit a Short-term Rental in a Dwelling Unit in combination with a Bed and Breakfast accommodation $125
7.5 Operator fail to adhere to and require guests to comply with parking regulations contained in the Zoning Bylaw and the City's Parking ByLaw 2010-128, "A Bylaw to Regulate Parking." $125
7.6 a. Operator fail to provide to every guest of the Short-term Rental the emergency contact information of a person available during the guest's entire rental period, and ensure that such information is prominently displayed in the Short-term Rental at all times when the Short- term Rental is operated. $125
7.6 b Operator fail to post a copy of the Licence in a prominent place near the entry to the Short- term Rental at all times when the Short-term Rental is operated. $125
7.6 c Operator fail to include the Operator's Licence number in a conspicuous place in any medium or material used to Market the Short-term Rental. $125
7.8 Operator fail to provide the information referred to in Section 7.7 to the Director within thirty (30) days of being requested to do so by the Division. $125
9.2 Obstruct an Officer $500
10.2 Fail to comply with an order $375

Bylaw Number 2021-166, A Bylaw to Repeal and Replace Bylaw Number 2004-144, A Bylaw to Regulate Animals

Bylaw section Short wording Penalty amount
4.1 Own/keep/possess/transfer an animal not listed in Schedule A (Permitted Species) $200
5.1 Fail to register cat or dog $100
5.12 Fail to have tag securely fixed to dog or cat $75
6.1 Operate as kennel or breeder without a permit $300
9.1 Fail to comply with conditions for keeping hens $100
10.1 Fail to comply with conditions for keeping pigeons $100
11.1 Keep livestock or poultry on ineligible property $100
12.1 Fail to immediately remove feces left by dog $75
12.3 a) Permit/cause dog to be public nuisance – persistent barking or howling $100
12.3 b) Permit/cause dog to be public nuisance - damage public or private property $100
12.3 c) Permit/cause dog to be public nuisance - scatter garbage or interfere with waste management activities $100
12.3 d) Permit/cause dog to be public nuisance - chase persons, vehicles, domestic animals, livestock, poultry, hens or other animals kept on an agricultural property $100
12.3 e) Permit/cause dog to be public nuisance – swimming at public beach, swimming or wading pool $100
12.3 f) Permit/cause dog to be public nuisance – off-leash in public park or recreational area $100
14.1 Allow an animal to remain outdoors in extreme weather without adequate protection from elements $300
14.2 Allow an animal to be tethered unattended on public property longer than 15 minutes $100
14.3 Allow an animal to be tethered unattended on private property without meeting conditions $150
15.1 Cause/permit dog/livestock/poultry/hen to be at-large $100
15.5 Fail to comply with off-leash dog park regulation $100
15.6 Cause/permit dog or cat to trespass $100
17.2 Fail to comply with an Animal Control Order – dog bite/attack $300
17.4 Fail to comply with an Animal Control Order – non- permitted species $500
18.1 Obstruct an Officer $500

Bylaw Number 2022-6, A Bylaw to Regulate and License Transportation Network Companies in the City of Kingston

Bylaw section Short wording Penalty amount
2.1 (b) Advertise/represent that Person carries on/engages in business of Transportation Network Company without a Licence $250
3.2 Submit false/deceptive information in application/document to the City $500
4.7 Fail to notify Director of change in Licensee information $250
4.8 Assign/transfer Licence $500
6.2 (a) Fail to ensure insurer gives City notice of change $250
6.2 (b) Fail to ensure insurance includes City as an additional insured $500
7.3 Fail to obtain or provide proof of insurance from every TNC Driver $250
7.4 Fail to maintain proof of insurance from every TNC Driver $250
8.2 Fail to make prescribed information available to the public $250
8.3 Accept/offer/facilitate TNC Services using App that does not meet requirements $500
9.1 Fail to create and maintain prescribed records $250
9.2 Fail to make records/information available to the Director $250
9.3 Fail to provide Director access to App or fail to create and maintain law enforcement response team $250
9.4 Interfere/hamper with Director's inspection or investigation $500
10.1 Fail to issue identification card to every TNC Driver $250
10.2 Fail to ensure every TNC Driver complies with identification requirements $250
11.2 Fail to keep copies of prescribed TNC Driver documents/records $250
11.3 Fail to make prescribed TNC Driver documents/records available to Director $250
12.2 Fail to keep prescribed TNC Vehicle documents/records $250
12.3 Fail to make prescribed TNC Vehicle documents/records available to Director $250
13.2 Fail to make screening criteria available to Director $250
13.8 Fail to provide Director with notice of increase in number of TNC Vehicles $250
16.3 Obstruct/hinder or attempt to obstruct/hinder Director, employee or agent $500

Bylaw Number 2023-214, "Community Standards Bylaw"

Bylaw Section Short Form Wording Penalty Amount
4.1 Cause or permit offensive odours on premises $100
5.1 Fail to remove or contain and secure building materials $200
5.2 Cause or permit dust to escape a premises $100
6.1 Cause or permit vehicle or boat to idle $100
7.1 Feed or permit the feeding of wildlife $100
7.1 Leave food accessible to wildlife $100
8.1 Disturb goods at a textile collection site $200
8.2 Dumping of donated goods at a textile collection site $200
8.3 Depositing of flyer where sign or notice posted $100
9.1 Engage in or permit conduct in public likely to disturb and interfere by causing public disturbance $200
9.1 Engage in or permit conduct in public likely to disturb and interfere in manner could reasonably cause offence or intimidation $200
9.2 Urinate or defecate in public place $200
9.3 Participate in fight or similar physical confrontation in public place $200
9.4 Loiter on highway or sidewalk after request to move on by provincial offences officer $200
9.5 Loiter in any public place, washroom or change- room $200
9.6 Engage in lewd sexual activity $200
9.7 Use or display drug paraphernalia in a park or a public place within 15 metres of a park $200
Bylaw Number Number 2023-214, "Community Standards Bylaw" Bylaw" Cont'd
9.8 Engage in or permit unsafe disposal of needles or syringes in public place $150
9.9 Cause or permit material to be deposited on highway $200
9.12 Jump, dive or otherwise propel from bridge $200
10.2 Fail to establish shopping cart retrieval program $200
10.3 Fail to lock or secure shopping carts $100
11.1 Vandalize City property $200

The City of Kingston acknowledges that we are on the traditional homeland of the Anishinaabe, Haudenosaunee and the Huron-Wendat, and thanks these nations for their care and stewardship over this shared land.

Today, the City is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation.

Learn more about the City's reconciliation initiatives.

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