For the purposes of this Bylaw:
Administrative Penalty means an administrative penalty administered pursuant to "Bylaw 2020-69 of the Corporation of City of Kingston being "A Bylaw to Establish a Process for Administrative Penalties"
Agricultural property means a property that is zoned for agricultural use in the zoning bylaw that applies to the property;
Chief Fire Official means the assistant to the Fire Marshal who is the Fire Chief of the City of Kingston, or a member or members of Kingston Fire and Rescue appointed by the Fire Chief to be Chief Fire Officials, subject to the limitations and conditions as are set out in the appointment.
City and City of Kingston mean The Corporation of the City of Kingston, as incorporated on January 1, 1998, and all of its administrative units;
Construction includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavation, blasting and detonation of explosive devices other than fireworks, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any associated or related work;
Construction equipment means any equipment or device designed and intended for use in construction or material handling, including but not limited to air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers, trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;
Council and City Council mean the Council of the City of Kingston;
Downtown Kingston Business Improvement Area means the geographical area as defined in Schedule E to this bylaw.
Emergency means a situation or an impending situation, often dangerous, caused by the forces of nature, an accident, an intentional act or otherwise, which arises suddenly and calls for prompt action;
Emergency vehicle includes a land ambulance, an air ambulance, a fire department vehicle, a police vehicle, and a motor vehicle being used to respond to an emergency;
Explosives Act means the Explosives Act, R.S.C. 1985, c. E-17, as amended, or any successor legislation thereof;
Explosives Regulations means the Explosives Regulations, 2013, SOR/2013-211, as amended, or any successor legislation thereof;
Fireworks means, in the context of this bylaw, consumer fireworks as classified by the Chief Inspector of Explosives in accordance with the Explosives Act and the Explosives Regulations. It also means display fireworks and special effect pyrotechnics, as classified by the Chief Inspector of Explosives in accordance with the Explosives Act and the Explosives Regulations, when the detonation of such has been authorized by the Chief Fire Official;
Licensing and Enforcement Division means the administrative unit of the Planning, Building and Licensing Services Department that is responsible for enforcing the general bylaws of the City or, in the event of organizational changes, another administrative unit designated by Council to carry out this responsibility;
Manager of Licensing and Enforcement means the Manager of the Licensing and Enforcement Division, of the Planning, Building and Licensing Services Department, his or her designate or, in the event of organizational changes, another employee designated by City Council.
Motor vehicle includes an automobile, bus, truck, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power, but does not include a motorized snow vehicle, traction engine, farm tractor, other farm vehicle or road-building machine;
Municipal service vehicle means a vehicle operated by or on behalf of the City or a local board of the City while the vehicle is being used for the construction, repair or maintenance of a highway, including the clearing and removal of snow, the construction, repair or maintenance of a utility, the collection or transportation of waste, or other municipal purpose;
Noise means sound that is unusual or excessive, or that is unwanted by or disturbing to persons;
Other areas means the lands designated in Schedule D as "other areas";
Penalty Notice means a notice given pursuant to sections 2.2 and 2.4 of "Bylaw 2020-69 of the Corporation of the City of Kingston being "A Bylaw to Establish a Process for Administrative Penalties"
Person includes a corporation as well as an individual, and shall include the owner of a property;
Premises means a piece of land and any buildings and structures on it, and includes a place of business, a public highway, private road, lane, pathway and sidewalk, and any other location or place;
Residence means a room, suite of rooms, or dwelling, including a mobile trailer, operated as a housekeeping unit that is used or intended to be used as a separate domicile by one or more persons, and that normally contains cooking, eating, living, sleeping and sanitary facilities;
Residential areas means all lands within the geographic boundaries of the City except for those lands designated in Schedule D as "other areas";
Sports field means any area, not on property with a residential use, or vacant and eligible for a residential use, as defined in the City's zoning bylaws, whether or not delineated by lines, that is designated as a playing surface, and includes any adjacent seating area or stands;
Statutory holiday includes Boxing Day and any day within the definition of "holiday" in the Retail Business Holidays Act R.S.O. 1990, Ch. R.30, as amended, or any successor thereof;
Utility means a system that is used to provide a utility service to the public, including water, sewage, electricity, gas, communications networks and cable services;
Utility service vehicle means a vehicle operated by or on behalf of Utilities Kingston, its subsidiary companies, and by any other company or agency that supplies or manages a utility within the City while the vehicle is being used for the construction, repair or maintenance of that utility;
Vehicle includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and other vehicle propelled or driven other than by muscular power; and
Zoning bylaw means a bylaw passed under section 34 of the Planning Act that restricts the use of land.