TOWN OF LACOMBE
BYLAW NO. 12

 

  A BYLAW OF THE TOWN OF LACOMBE PROVIDING GENERAL PENALTY FOR CONTRAVENTION OF TOWN BYLAWS

 

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;
NOW THEREFORE, the Town Council of the Town of Lacombe, duly assembled enacts as follows:

 

  1. This Bylaw may be cited as the Lacombe General Penalty Bylaw.
  1. Definitions:
  1. "Bylaw Enforcement Officer" shall mean any Bylaw Officer, Police Constable, or Special Constable.
  2. "Person" includes a corporation, joint stock, company and partnership.
  3. "Town" shall mean the Town of Lacombe.
  1. 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.

 

  1. The Violation Ticket shall be deemed to be sufficiently served:
  1. If served personally on the alleged offender.
  2. If mailed to the address of the alleged offender by double registered or certified mail.
  3. If attached to or left upon the vehicle in respect of which the offender is alleged to have been committed.
  1. 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.
  1. Nothing in Section 3 shall:
  1. Prevent any person from defending a charge of committing a breach of any Bylaw.
  2. 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.
  1. Any person who commits a breach of any provision of any Town Bylaw shall be liable upon summary conviction:
  1. 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.
  2. 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.
  3. For continuance after conviction to a fine of not more than $500.00 (five hundred dollars) for every day the offence continues.
  1. 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.
  1. 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.
  1. Bylaw No. G-23 is hereby repealed.
  1. This Bylaw shall come into force and effect as on and from the date of its Final Reading.
READ a first time this 12th day of July, A.D., 1982.
READ a second time this 12th day of July, A.D. 1982
READ a third time and finally passed by Council this 12th day of July, A.D., 1982

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Mayor

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Municipal Manager