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WHEREAS by Section 115 of the Municipal
Government Act, Chapter M-26 R.S.A. 1980, the Town Council may pass
this Bylaw pursuant to the said Section 115; |
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NOW THEREFORE, the Town Council of the Town of
Lacombe, duly assembled enacts as follows:
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- This Bylaw may be cited as the Lacombe General Penalty Bylaw.
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- Definitions:
- "Bylaw Enforcement Officer" shall mean any Bylaw
Officer, Police Constable, or Special Constable.
- "Person" includes a corporation, joint stock, company
and partnership.
- "Town" shall mean the Town of Lacombe.
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- Unless otherwise specified any person who allegedly contravenes any
provisions of any town bylaw may, by its Bylaw Enforcement Officers'
authority, cause to be served on the alleged offender a Violation
Ticket in the form marked Schedule "A" (attached hereto and
made a part of this Bylaw) allowing payment of a penalty of $30.00
(thirty dollars) to the Town of Lacombe in lieu of prosecution in
respect to the contravention alleged.
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- The Violation Ticket shall be deemed to be sufficiently served:
- If served personally on the alleged offender.
- If mailed to the address of the alleged offender by double
registered or certified mail.
- If attached to or left upon the vehicle in respect of which the
offender is alleged to have been committed.
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- If a person has been prosecuted for the offence named in the
Violation Ticket and has been convicted of such offence, then the fine
imposed shall not be less than the original amount indicated on the
said Violation Ticket plus court costs.
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- Nothing in Section 3 shall:
- Prevent any person from defending a charge of committing a breach
of any Bylaw.
- Prevent any Bylaw Officer from laying an Information and Complaint
against any other person whether or not such other person has made
payment under the provisions of Section 3 for a breach of any
provision of any Town Bylaw.
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- Any person who commits a breach of any provision of any Town Bylaw
shall be liable upon summary conviction:
- For the first offence, to a fine of not less than $30.00 (thirty
dollars) and not more than $500.00 (five hundred dollars), and in
default of payment, to imprisonment for a term not more than six (6)
months.
- For the second or subsequent offence to a fine of not, less than
$50.00 (fifty dollars) and not more than $500.00 (five hundred
dollars), and in default of payment, to imprisonment for a term not
more than six (6) months.
- For continuance after conviction to a fine of not more than
$500.00 (five hundred dollars) for every day the offence continues.
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- Where the offence is for non-payment of any license fee payable to
the Municipality under any Bylaw, the Magistrate or Justice may
adjudge payment thereof in addition to the penalty.
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- It is the intention of the Town Council that each separate provision
of this Bylaw shall be deemed independent of all other provisions and
it is further the intention of the Town Council that if any provision
of this Bylaw be declared invalid, all other provisions shall remain
valid and enforceable.
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- Bylaw No. G-23 is hereby repealed.
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- This Bylaw shall come into force and effect as on and from the date
of its Final Reading.
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READ a first time this 12th day
of July, A.D., 1982. |
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READ a second time this 12th day
of July, A.D. 1982 |
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READ a third time and finally
passed by Council this 12th day of July, A.D., 1982 |