2017-05-16 Regular Council...2017/05/16 · RESUME REGULAR COUNCIL MEETING “That we resume the...

CITY OF MARTENSVILLE REGULAR COUNCIL MEETING 8-2017

TUESDAY MAY 16, 2017 MINUTES

PRESENT: Mayor Kent Muench, Deputy Mayor Tyson Chillog, Councillors Darren MacDonald, Mike Cox, Deb McGuire, Jamie Martens, City Manager Scott Blevins, Director of Infrastructure & Planning Joe Doxey, Community Economic Development Manager Dillon Shewchuk, Director of Recreation & Community Service Dave Bosch, Director of Corporate Services Leah Sullivan, REGRETS: Councillors: Bob Blackwell LOCATION: Council Chambers, City Hall RECORDING SECRETARY: City Clerk Carla Budnick, CALL TO ORDER: Mayor Kent Muench called the meeting to order at 5:00 P.M. RES: #111/05162017 (Cox/Martens) AGENDA “That we adopt the agenda dated May 16th, 2017”

CARRIED

RES: #112/05162017 (Chillog/Martens) MINUTES – MAY 2nd, 2017 “That we accept the minutes of the Regular Council Meeting No. 7-2017 dated May 2nd, 2017.”

CARRIED

RES: #113/05162017 (Martens/MacDonald) CORRESPONDENCE “That we acknowledge and file the Correspondence List, as attached hereto and forming part of these minutes.”

CARRIED

A) June is Recreation &Parks Month City Council received a request from Saskatchewan Parks and Recreation Association to declare the month of June “Recreation & Parks Month”. JRPM is a national campaign for the continued support and use of parks and recreation services in our Province. City Council was in favour of this request and Mayor Muench proclaimed June as Recreation & Parks Month.

RES: #114/05162017 (Martens/MacDonald) RECREATION & PARKS MONTH “That we declare June as Recreation & Parks Month.”

CARRIED



B) North Prairie request for Tax Abatement

City Council received a request from North Prairie Developments to grant a five year abatement of property taxes on two properties that are currently serviced but do not have any buildings on them. City Council currently has a bylaw in place to provide an abatement to all new construction on vacant land, there are concerns on what would happen if abatements were provided on vacant land as well. City Council feels they did consider the new assessment values for Commercial Properties and took that into consideration when setting the mill rate for 2017. Each Councillor was given the opportunity to share their thoughts and the request and it was a unanimous decision that City Council will stick with the current bylaw and only provide abatements to new development on vacant land. City Clerk, Budnick will draft a letter to be sent to North Prairie with City Councils decision.

RES: #115/05162017 (Cox/Martens) COMMITTEE OF THE WHOLE – MAY 9, 2017 “That we accept the Committee of the Whole minutes dated MAY 9th, 2017.”

CARRIED RES: #116/05162017 (McGuire/Cox) MANAGERS REPORT “That we accept the Managers Report dated May 16th, 2017”

CARRIED Community Economic Development Managers Shewchuk discussed with City Council options for an upcoming Open House. It was agreed that City Council would like to hold the event at the North Ridge Centennial Community Centre and invite Public Services to be a part of the event. The date picked was Wednesday June 14th. RES: #117/05162017 (McGuire/MacDonald) EXPENDITURE APPROPRIATION “That we authorize Expenditure Appropriation No. 8-2017, in the amount of $454,099.17 as attached hereto and forming part of the minutes.”

CARRIED

RES: #118/05162017 (Cox/MacDonald) BYLAW NO. 6-2017 (FIRST READING): “That Bylaw 6-2017, being a Noise Bylaw, be read for the first time”

CARRIED



RES: #119/05162017 (Martens/Chillog) BYLAW NO. 6-2017 (SECOND READING): “That Bylaw 6-2017, be read for the second time”

CARRIED

RES: #120/05162017 (Cox/McGuire) BYLAW NO. 6-2017 (THREE READINGS): “That we give Bylaw 6-2017, three readings at this meeting.”

CARRIED UNANIMOUSLY RES: #121/05162017 (McGuire/Martens) BYLAW NO. 6-2017 (THIRD & FINAL READING): “That Bylaw 6-2017, being a Noise Bylaw be read for a third and final time.”

CARRIED RES: #122/05162017 (Cox/MacDonald) BYLAW NO. 8-2017 (FIRST READING): “That Bylaw 8-2017, being a Property Tax Amendment Bylaw, be read for the first time”

CARRIED RES: #123/05162017 (McGuire/Chillog) BYLAW NO. 8-2017 (SECOND READING): “That Bylaw 8-2017, be read for the second time”

CARRIED RES: #124/05162017 (Cox/MacDonald) BYLAW NO. 8-2017 (THREE READINGS): “That we give Bylaw 8-2017, three readings at this meeting.”

CARRIED UNANIMOUSLY

RES: #125/05162017 (Martens/MacDonald) BYLAW NO. 8-2017 (THIRD & FINAL READING): “That Bylaw 8-2017, being a Property Tax Amendment Bylaw be read for a third and final time.”

CARRIED



RES: #126/05162017 (Cox/MacDonald) BYLAW NO. 9-2017 (FIRST READING): “That Bylaw 9-2017, being a Business Bylaw, be read for the first time”

CARRIED

RES: #127/05162017 (Cox/Martens) BYLAW NO. 9-2017 (SECOND READING): “That Bylaw 9-2017, be read for the second time”

CARRIED

RES: #128/05162017 (McGuire/MacDonald) BYLAW NO. 9-2017 (THREE READINGS): “That we give Bylaw 9-2017, three readings at this meeting.”

CARRIED UNANIMOUSLY

RES: #129/05162017 (Cox/MacDonald) BYLAW NO. 9-2017 (THIRD & FINAL READING): “That Bylaw 9-2017, being a Business Bylaw be read for a third and final time.”

CARRIED

DISCUSSION ITEMS

A) RFD – Main Street Construction Tender Director of Infrastructure and Planning reviewed with City Council the results of the tender for the construction of Main Street from 10th Ave to 16th Ave. An Opinion of Probable Cost was completed by Catterall and Wright, and the total cost was estimated to be $2,905,500.00 excluding applicable taxes. The tender was setup to allow for possible phasing of the project dependent upon price outcomes. Six bids were received ranging in price from $2,556,293.25 to $3,560,396.57 for full construction of all phases. The lowest bid was from Paramount Paving Ltd coming in at $2,556,293.25 plus engineering costs, contingency and applicable taxes. If City Council is in favour of moving forward with the full project, arrangements would need to be made to borrow additional capital funds City Council was in favour of moving forward with the full project.

RES: #130/05162017 (Cox/Chillog) MAIN STREET CONSTRUCTION TENDER “That we award the tender for the construction of the Main Street extension project to Paramount Paving for the bid price of $2,556,293.25 plus engineering costs, contingency and applicable taxes.”

CARRIED



RES: #131/05162017 (Cox/Chillog) IN-CAMERA “That Council go in-camera at 5:54 P.M.”

CARRIED

IN-CAMERA ITEMS

A) Rec Facilities

Councillor Jamie Martens left the meeting at 5:59 P.M RES: #132/05162017 (Cox/MacDonald) RESUME REGULAR COUNCIL MEETING “That we resume the May 16th, 2017 Regular Council Meeting at 6:39P.M.”

CARRIED

RES: #133/05162017 (Chillog/Cox) ADJOURN “That we adjourn this meeting at 6:40 P.M.”

CARRIED

______________________

MAYOR _______________________ CITY CLERK

DATE COMPANY ITEM

May 4, 2017Saskatchewan Parks and Recreation Association

2017 June is Recreation & Parks Month

May 9, 2017North Prairie Developments

Ltd.Taxation Exemption/Abatement - Black

Iron Crossing

OUTGOING - CORRESPONDENCE

INCOMING - CORRESPONDENCE


TUESDAY MAY 16, 2017

CHQ# SUPPLIER AMOUNT CHQ# SUPPLIER AMOUNT

33280 QUIRING, KRISTIN $ 1,040.75 33343 PRO STEEL FABRICATION $ 2,775.00 33281 DYMARK INDUSTRIES $ 7,270.50 33344 PUBLIC HEALTH SERVICES $ 3,465.00 33282 PITNEYWORKS $ 2,100.00 33345 PUROLATOR COURIER LTD $ 141.42 33283 ACKLANDS GRAINGER INC $ 396.27 33346 RAWLCO TRANSIT $ 1,491.81 33284 AIRCHEKLAB INC $ 283.50 33347 RAZERTIP INDUSTRIES INC $ 466.20 33285 ALBRECHT, CARSON $ 100.00 33348 RC STRATEGIES INC $ 1,764.00 33286 ATS TRAFFIC SASKATCHEWAN $ 697.93 33349 REDHEAD EQUIPMENT LTD $ 1,766.57 33287 AUTOMATED METAL PROCESSING LTD $ 406.74 33350 ROCKY MOUNTAIN PHOENIX $ 44.79 33288 AYOTTE PLUMBING HEATING & AIR $ 434.01 33351 RUSSIN, KARLY $ 13.99 33289 BARANIESKI, CANDISE $ 70.00 33352 SASK WATER CORPORATION $ 147,844.16 33290 BLEVINS, SCOTT $ 75.00 33353 SASKATCHEWAN RESEARCH COUNCIL $ 352.81 33291 BOSS LUBRICANTS $ 128.40 33354 SASKATOON CO-OP ASSOC LTD $ 272.81 33292 BRETT YOUNG $ 2,148.07 33355 SASKATOON SPCA INC $ 30.00 33293 BROOMAN, DEAN $ 58.56 33356 SASKATOON TRUCK PARTS CENTRE $ 444.00 33294 BRUCE, JOEL AND BRUCE, JANINE $ 76.03 33357 SHERMCO INDUSTRIES CANADA INC $ 210.00 33295 BUDNICK, CARLA $ 191.88 33358 SNOOK, JAMES $ 601.29 33296 CAMPBELL, CORY AND BEREDI, KELSEY $ 35.05 33359 SPI HEALTH AND SAFETY $ 17,158.38 33297 CORIX WATER PRODUCTS LP $ 180.99 33360 STEELMET SUPPLY INC $ 37.52 33298 CRYSTAL CAR WASH $ 136.50 33361 STORMY MARKETING $ 1,065.08 33299 CTC#912 $ 535.68 33362 SUMA (INSURANCE) $ 21,806.61 33300 CUPE LOCAL #2582 $ 2,415.59 33363 SUNBELT RENTALS INC $ 1,465.20 33301 DESJARDIN CARD SERVICES $ 124.24 33364 T&T POWER GROUP INC $ 370.39 33302 DYCK, CARTER $ 100.00 33365 THE CONTAINER GUY $ 2,597.40 33303 EIDSNESS-HODGES, JORDAN $ 78.13 33366 TOSHIBA BUSINESS SOLUTIONS $ 20.96 33304 ENVIROWAY DETERGENT MFG. $ 2,052.39 33367 TR PETROLEUM MARTENSVILLE INC. $ 23,526.21 33305 EXPERT LOCKSMITHS LTD $ 121.33 33368 UAP INC $ 585.89 33306 FITCH, SPENCER $ 100.00 33369 UNITED RENTALS OF CANADA $ 7,528.02 33307 FLOCOR INC. $ 1,439.47 33370 VIPOND FIRE PROTECTION $ 710.40 33308 GENWORTH C/O HOME ALONE PROPERTY $ 65.81 33371 WARMAN CHAMBER OF COMMERCE $ 500.00 33309 GERANSKY BROTHERS $ 193.80 33372 WESCLEAN EQUIPMENT & CLEANING $ 93.54 33310 GFL ENVIROMENTAL INC $ 731.62 33373 WIG'S PUMPS & WATERWORKS $ 375.02 33311 GROSH, MIKE $ (849.15) 33374 WOLSELEY CANADA $ 1,554.62 33311 GROSH, MIKE $ 849.15 33375 XEROX CANADA LTD. $ 410.46 33312 HOME DEPOT CREDIT SERVICE $ 57.12 33376 GREGG DISTRIBUTORS CO $ 2,477.26 33313 HUSKY OIL MARKETING COMPANY $ 2,220.00 33377 MARTENSVILLE BUILDING & HOME $ 1,176.43 33314 IAN THAYER $ 55.50 33378 GRAYCON GROUP DIVISON OF RICOH $ 849.15 33315 IMATRON OFFICE SOLUTIONS $ 228.97 00193 SASK ENERGY 12,145.02$

33316 IRON MOUNTAIN $ 44.23 305 CUETS FINANCIAL $ 16.61 33317 JAC N JAMS CUSTOM CREATIONS $ 72.00 7338 CUETS FINANCIAL $ 172.20 33318 JENSON PUBLISHING $ 516.31 6590 CUETS FINANCIAL $ 311.26 33319 JOHNSTON, KELLY $ 257.24 115 CUETS FINANCIAL $ 903.00 33320 KOBUSSEN, JULIE $ 52.36 2378 CUETS FINANCIAL $ 1,022.28 33321 LARSON WATER & SEWER $ 166.50 00565 CUETS FINANCIAL PAYMENT $ 60.00 33322 LOBLAWS INC - WHOLESALE CLUB $ 345.52 371,911.74

33323 LORAAS DISPOSAL SERVICES $ 56,637.00 33324 MARSHALL, KIMBERLY $ 70.00 33325 MARTENSVILLE MESSENGER $ 2,152.50 33326 MARTENSVILLE PLUMBING $ 130.98 33327 MARTENSVILLE SLO-PITCH ASSOCIATION $ 500.00 DEPARTMENT AMOUNT

33328 MCCULLOCH, TODD AND MCCULLOCH, $ 75.39 GENERAL GOVERNMENT 12,113.34$

33329 MEPP $ 18,432.50 PROTECTIVE SERVICES 3,807.26$

33330 MERLIN FORD LINCOLN $ 76.93 PLANNING & DEVELOPMENT 8,584.87$

33331 MINISTER OF FINANCE $ 531.30 RECREATION & COMMUNITY SVCS 34,567.27$

33332 MINISTRY OF SOCIAL SERVICES $ 75.19 TRANSPORTATION 14,756.90$

33333 MITCHELL, JAMIE $ 166.49 WATER & SEWER 8,357.79$

33334 NIENHUIS HOLDINGS INC. $ 78.13 COUNCIL -$

33335 NIENHUIS HOLDINGS INC. $ 75.50 82,187.43$

33336 NIENHUIS HOLDINGS INC. $ 6.04 33337 NIENHUIS HOLDINGS INC. $ 79.45 33338 NORDIC INDUSTRIES (1979) $ 77.70 33339 NORTH RIDGE DEVELOPMENT CORP $ 74.60 33340 PAR TOOLS $ 344.04 33341 PELLERIN, SHAWN $ 200.00 33342 PERFORMANCE SPONSORSHIP GROUP $ 3,701.25

454,099.17$

TOTAL

EXPENDITURE APPROPRIATION NO. 8 - 2017May 16-2017

PAYROLL - #10

TOTAL

EXPENDITURE GRAND TOTAL

95 Total No. of Cheques

CITY OF MARTENSVILLE NOISE BYLAW

BYLAW NO. 6-2017

A BYLAW OF THE CITY OF MARTENSVILLE TO ESTABLISH A NOISE BYLAW Pursuant to Section 8 of The Cities Act, the Council of the City of Martensville, in the Province of Saskatchewan, enacts as follows: Short Title 1. This Bylaw may be cited as The Noise Bylaw, 2017. Purpose 2. This Bylaw is enacted to protect, preserve and promote the safety, health, welfare, peace

and quiet of the citizens of The City of Martensville through the reduction, control, and prevention of loud and excessive noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity.

Definitions 3. In this Bylaw,

(a) “Bylaw Enforcement Officer” means any person appointed by the Council to enforce the provisions of this bylaw;

(b) “Bylaw Notice” means a notice that is used to give notice that the bylaw has been contravened;

(c) “City” means the City of Martensville in the Province of Saskatchewan;

(d) “City Manager” means the manager of the City of Martensville;

(e) “Council’ means the Council of the City of Martensville;

(f) “Dwelling” means a dwelling unit within the meaning of The Zoning Bylaw;

(g) “Emergency vehicle” means a motor vehicle used in response to a public catastrophe

or to protect persons or property from imminent danger;

(h) “Emergency Work” means work made necessary to restore property to a safe condition following a public catastrophe, work to restore public utilities, roadways or public facilities, or work required to protect persons or property from an imminent exposure to danger;


BYLAW NO. 6-2017

(i) “Engine Brake” means a device used in trucks and semi-trailer units to slow or brake

the said vehicle by means of closing the exhaust valves on the engines of the said vehicles, or any similar device;

(j) “Holiday” means any statutory holiday as defined in The Interpretation Act, and amendments thereto, or any holiday proclaimed as such by the Council of the City of Martensville;

(k) “Industrial District” means an industrial district as established by the Zoning Bylaw;

(l) “Justice” means a judge of the Provincial Court of Saskatchewan or a presiding justice of the peace;

(m) “Motorcycle” means a motorcycle as defined in The Traffic Safety Act; (n) “Motor Vehicle” means motor vehicle as defined in The Traffic Safety Act;

(o) “Occupant” means a person who is the owner, occupant or lessee of the premises or

any person found on the premises at or around the time when the noise or sound issues from the premises;

(p) “Residential Building” means a building/structure used for the shelter or

accommodation of persons; (q) “Residential District” means a residential districts as established by the Zoning

Bylaw; (r) “Signalling device” means a horn, gong, bell, siren or other device producing an

audible sound for the purpose of drawing people’s attention to an approaching vehicle, including a bicycle;

(s) “Weekday” means any day other than a Sunday or Holiday; (t) “Zoning Bylaw” mean The Zoning Bylaw 1-2015 of The City of Martensville.


BYLAW NO. 6-2017

Scope 4. (1) This Bylaw applies to the control of all sound originating within the jurisdictional

limits of The City of Martensville.

(2) This Bylaw is intended to apply to making, or knowingly permitting to be made, any unreasonably loud or excessive noise, disturbance or commotion in any dwelling, place of business or other structure, or upon any public street, park or other place or building.

The ordinary and usual sounds and noises incidental to the occupation and use of property and the activities of persons in the City, when conducted in accordance with usual standards or practices and in a manner that will not unreasonably disturb the peace and comfort of adjacent residences or which will not detrimentally affect the operators of adjacent places of business, are not intended to be subject to the provisions of this Bylaw.

General Prohibition 5. (1) No person shall make, continue, or cause to be made or continued, or suffer or

permit to be made or continued:

(a) any unreasonably loud or excessive noise; (b) any noise which unreasonably disturbs, injures, or endangers the comfort,

repose, health, peace or safety of reasonable persons of ordinary sensitivity within the jurisdictional limits of the City; or

(c) any noise which is so harsh, prolonged, unnatural, or unusual in time or

place as to occasion unreasonable discomfort to any persons within the neighbourhood from which said noises emanate, or as to unreasonably interfere with the peace and comfort of neighbours or their guests, or operators or customers of places of business, or as to detrimentally or adversely affect such residences or places of business.

(2) Factors for determining whether a sound is unreasonably loud or excessive include,

but are not limited to, the following:

(a) the proximity of the sound to sleeping facilities, whether residential or commercial;


BYLAW NO. 6-2017

(b) the land use, nature and zoning of the area from which the sound emanates

and the area where it is received or perceived; (c) the time of day or night the sound occurs; (d) the duration of the sound; (e) the volume of the sound; (f) the nature of the sound; (g) whether the sound is recurrent, intermittent or constant; and (h) the nature of the event or activity from which the sound emanates.

(3) In the absence of other evidence, or by way of corroboration of other evidence, a

justice may infer from the evidence of a bylaw enforcement officer relating to the conduct of a person or persons that a sound is unreasonably loud or excessive.

Motor Vehicle Noise Prohibition 5.1 Without limiting the generality of section 5, for the purpose of regulating motor vehicle

noise, the following provisions shall apply:

(a) no person shall operate a motor vehicle in such a manner that it makes, continues, causes to be made or continues or suffers or permits to be made or continued any unreasonably loud or excessive noise;

(b) in determining whether the noise from a motor vehicle is unreasonably loud or

excessive, a justice may consider any of the factors mentioned in subsection 5(2); and

(c) no person shall operate a motorcycle within the City of Martensville that is capable

or emitting any sound exceeding 92 dB(A), as measured by a sound level meter at 50 centimeters from the exhaust outlet while the engine is at idle; or emitting any sound exceeding 96 dB(A), as measured by a sound level meter at 50 centimeters from the exhaust outlet while the engine is at any speed greater than idle.


BYLAW NO. 6-2017

Sound Level Meter Certificate

5.2 A certificate issued by the manufacturer of a sound level meter shall be admitted into

evidence as prima facie proof the meter meets the applicable standard set out in clause 3(m.1).

Testing Permitted 5.3 The operator of any motor vehicle shall, upon the request of a police officer, take the motor

vehicle to any site designated by the police officer and have the motor vehicle tested for sound.

Failure to Comply with Request of Police Officer 5.4 It shall be an offence for the operator of any motor vehicle to refuse to take the motor

vehicle to any site designated by the police officer and have the motor vehicle tested for sound when requested by the police officer.

Noises Prohibited 6. The following acts are deemed to be violations of this Bylaw per se. This enumeration

does not constitute an exclusive list:

(a) Lawn Mowers, Snow Blowers and Similar Devices: In residential districts, the operation of power equipment or machinery used in lawn and garden care or property maintenance including any lawn mower, leaf blower, hedge trimmer, power fan, edge trimmer, line trimmer, roto-tiller, snow blower, compressor, internal combustion engine or similar equipment, between the hours of 10:00 p.m. and 7:00 a.m. on a weekday, and 10:00 p.m. and 9:00 a.m. on a Sunday or a statutory holiday.

(b) Radios, Televisions, Stereos, Musical Instruments and Similar Devices:

The use or operation of a radio, television, stereo, musical instrument or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player or operator of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet and comfort of persons residing in the vicinity, including persons residing in separate dwelling units within the building from which the sound emanates.


BYLAW NO. 6-2017

(c) Idling Vehicles: In residential districts, the idling of any bus, truck or power

unit or the operation of any motor, “reefer” or similar device on a semi-trailer for more than twenty (20) minutes.

(d) Engine Brakes: The use of an engine brake on any motor vehicle driven

within the City of Martensville, except in cases of emergency. (e) Air Horns: The use of an air horn on any motor vehicle within the City,

except in cases of emergency. (f) Construction or Repair of Buildings: In all areas of the City except

agricultural and industrial districts, the construction, demolition, alteration or repair of any building or structure between the hours of 10:00 p.m. and 7:00 a.m. on a weekday, and 10:00 p.m. and 9:00 a.m. on a Sunday or a statutory holiday, that produces sound that is plainly audible across the property line of the property from which the sound emanates and is unreasonably loud or excessive. In cases of emergency, construction noises are exempt from this provision.

(g) Outdoor Public Events: The use or operation of a loudspeaker, amplifier,

public address system radio, stereo, musical instrument or similar device that produces, reproduces or amplifies sound at an outdoor public event, other than during the following hours:

(i) on a Monday, Tuesday, Wednesday or Thursday, between the hours

of 11:00 a.m. and 9:00 p.m.; (ii) on a Friday or Saturday, between the hours of 11:00 a.m. and

10:00 p.m.; and (iii) on a Sunday or statutory holiday, between the hours of 1:00 p.m.

and 6:00 p.m. If permission has been obtained from the City to extend the hours for the

use or operation of amplification equipment at any outdoor public event in accordance with section 8 of this Bylaw, amplification equipment may be used at the event during the extended hours.

(h) Dogs: Please reference Animal Control Bylaw 15-2015, Part III, section 2. (i) Permitted Premises: Any unreasonably loud or excessive noise in a

permitted premises or in a patio area which is part of the permitted premises which can be heard in a residential district and which unreasonably disturbs the peace, quiet and comfort of persons in the residential district.


BYLAW NO. 6-2017

Exemptions 7. Sounds caused by the following are exempt from the prohibitions set out in this Bylaw:

(a) The reasonable sounding of any bell by a church or other religious organization.

(b) The reasonable sounding of any bell, siren, whistle or similar device by a

school or other educational institution. (c) The reasonable sounding of any bell, chime or similar device or the use or

operation of any musical instrument by a charitable organization soliciting donations.

(d) A parade for which a permit has been obtained from the City. (e) An outdoor political rally, public protest, demonstration, religious service,

memorial service or other similar gathering. (f) The construction, repair and maintenance of streets, bridges, sidewalks,

alleys, water mains, storm sewer mains, sanitary sewer mains, electrical facilities and any other works by or on behalf of The City.

Extension of Hours for Outdoor Public Events 8. (1) The City may, upon written application, grant permission to extend the hours during

which amplification equipment may be used at an outdoor public event.

(2) In exercising its authority pursuant to subsection (1), the City may grant its permission with or without conditions.

Offences and Penalties 9. (1) Except as provided in Subsection (2), every person who contravenes any provision

of this Bylaw is guilty of an offence and liable on summary conviction: (a) in the case of an individual, to a fine: (i) for a first offence, not less than $100.00; (ii) for a second offence, not less than $200.00; and


BYLAW NO. 6-2017

(iii) for a third or subsequent offence, not less than $400.00;

and not more than $10,000.00 and, in the case of a continuing offence, to a further fine of not more than $10,000.00 for each day during which the offence continues; and (b) in the case of a corporation, to a fine:

(i) for a first offence, not less than $100.00; (ii) for a second offence, not less than $200.00; and (iii) for a third or subsequent offence, not less than $400.00;

and not more than $25,000.00 and, in the case of a continuing offence to a further fine of not more than $25,000.00 for each day during which the offence continues.

(2) Every person who uses engine brakes in contravention of Section 6(d) of this Bylaw

is guilty of an offence and liable on summary conviction:

(a) in the case of an individual, to a fine not less than $250.00 and not exceeding $10,000.00 and, in the case of a continuing offence, to a further fine of not more than $10,000.00 for each day during which the offence continues;

(b) in the case of a corporation, to a fine not less than $250.00 and not exceeding

$25,000.00 and, in the case of a continuing offence, to a further fine of not more than $25,000.00 for each day during which the offence continues.

(3) In default of payment of a fine imposed under either Subsection (1) or Subsection

(2), the individual convicted may be imprisoned for a term of not more than one year.

(4) (a) Notwithstanding Subsection (1) and Subsection (2) in the case of a person

who contravenes a provision of this Bylaw for the first time, a bylaw enforcement officer may issue a notice of violation to that person;

(b) The notice of violation shall provide that, if the person pays the City the

sum of:

(i) $250.00 in the case of a violation of Section 6(d); or (ii) $100.00 in the case of any other violation;


BYLAW NO. 6-2017

within 14 calendar days of the date of the notice of violation, the person shall not be prosecuted for the contravention.

(c) The fine may be paid:

(i) in person, during regular office hours, to the cashier located at City

Hall, Martensville, Saskatchewan; (ii) by deposit, at the depository located at the main entrance to City

Hall, Martensville, Saskatchewan; or (iii) by mail addressed to City Hall, Box 970, Martensville,

Saskatchewan, S0K 2T0.

(5) Notwithstanding Subsection (4), if it is, in the opinion of a bylaw enforcement officer, in the public interest to compel a person who has contravened a provision of this Bylaw for the first time to appear before a justice under this Bylaw, the bylaw enforcement officer may issue a summons that requires the person to appear before a justice without the alternative of paying the specified amount to avoid prosecution.

(6) If, in the opinion of a prosecutor it is appropriate, the prosecutor may, on or before

the court appearance date, permit the person mentioned in Subsection (5) to pay the specified amount to avoid prosecution.

Severability 10. A determination of invalidity or unconstitutionality by a court of competent jurisdiction of

any provision of this Bylaw shall not affect the validity of the remaining parts of this Bylaw.

Bylaw No. 6/82 Repealed 11. Bylaw No. 6/82 is repealed.


BYLAW NO. 6-2017

Coming Into Force 12. This Bylaw shall come into force and take effect when adopted by Council. Read a first time this > day of >, 2017 Read a second time this this > day of >, 2017 Read a third time and adopted this > day of >, 2017

________________________

MAYOR

________________________ CITY CLERK

CITY OF MARTENSVILLE PROPERTY TAX BYLAW, 2017

NO. 8-2017

1

The Council of the City of Martensville in the Province of Saskatchewan enacts as follows: Short Title: 1. This Bylaw may be cited as The Property Tax Bylaw. Definitions: 2. In this Bylaw: a) “Act” means The Cities Act;

b) “agricultural property class” means the agricultural class of assessment of property described for the purpose of mill rate factors pursuant to subsection 255(6) of the Act and clause 15(a) of the Regulations;

c) “City” means the City of Martensville in the Province of Saskatchewan.

d) “commercial and industrial property class” means the commercial and industrial class of assessment of property prescribed for the purpose of mill rate factors pursuant to subsection 255(6) of the Act and clause 15(c) of the Regulations;

e) “condominium” means a condominium within the meaning of The Condominium Property Act, 1993 that is designed and used for or intended to be used for, or in conjunction with, a residential purpose;

f) “Council” means the Council of the City of Martensville.

g) “mill rate” means a tax rate expressed as mills per dollar (i.e. one mill is equal

to 1/1,000 of a dollar or $1 in tax for every $1,000 of assessment);

h) “multi-unit residential” means:

(i) land and improvements designed and used for or intended to be used for, or in conjunction with, a residential purpose and to accommodate four or more self-contained dwelling units within a parcel; and

(ii) vacant land zoned for use for multiple dwelling units;

i) “Regulations” means The Cities Regulations;

j) “residential property class” means the residential class of assessment of property prescribed for the purpose of mill rate factors pursuant to subsection 255(6) of the Act and clause 15(b) of the Regulations, but does not include condominiums or multi-residential property; and k) “tax rate” means the rate of taxation determined for a class or sub-class of

property pursuant to section 255 of the Act and is calculated by multiplying the mill rate by the mill rate factor for each class or sub-class of property.


NO. 8-2017

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Purpose: 3. The purpose of this Bylaw is:

(a) to authorize Council to impose a tax on all taxable assessments in the City at a uniform rate and establish a base tax, respectively, considered sufficient to raise the amount of taxes required to meet the estimated expenditures and transfers, having regard to estimated revenues from other sources, set out in the budget of the City for 2017;

(b) to authorize the City to levy and collect taxes on property of the taxable

assessment of the Board of Education of the Prairie Spirit School Division No. 206 and the Board of Education of the Greater Saskatoon Catholic School Division No. 20 for the year 2017;

(c) to establish classes and sub-classes of property for the purposes of establishing

tax rates; and (d) to set mill rate factors that, when multiplied by the uniform rates described in

clauses 253(2)(a) and (b) of The Cities Act, establish a tax rate for each class or sub-class of property for the 2017 taxation year.

Municipal Mill Rates:

4. Council is hereby authorized to impose a levy on all taxable assessments in the City at the

following rates: (a) the uniform rate considered sufficient to raise taxes for the City under Section 253 of The Cities Act…….............. 4.90 mills


NO. 8-2017

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Municipal Base Tax:

5. Council is hereby authorized to impose a base tax on all taxable properties in accordance with the amounts set out below:

General Base Tax of $615.00 (includes residential/multi-unit

residential/condominium & industrial/agricultural) Commercial Base Tax of $915.00 Base tax of 180.00 for garbage/recycle fees Base tax of $75.00 to be levied for the purpose of future wastewater treatment

upgrades Base tax of $25.00 to be levied for the purpose of a future recreation facility

(a) Residential/multi-unit residential/condominium

& industrial/agricultural Improved $895.00 (b) Residential/multi-unit residential/condominium Unimproved $447.50

(c) Commercial Improved $1,195.00

Classes and Sub-Classes of Property: 6. (1) The following classes of property are hereby established for the purposes of

establishing tax rates pursuant to section 254 of the Act: a) the agricultural class of assessment of property prescribed for the

purpose of mill rate factors pursuant to section 255(6) of the Act and clause 15(a) of the Regulations;

b) the residential class of assessment of property prescribed

for the purpose of mill rate factors pursuant to section 255(6) of the Act and clause 15(b) of the Regulations;

c) the commercial and industrial class of assessment of property prescribed for the purpose of mill rate factors pursuant to section 255(6) of the Act and clause 15(c) of the Regulations;

(2) The following sub-classes of the residential class of assessment of property are

hereby established for the purposes of establishing tax rates pursuant to section 254 of the Act;

a) condominiums; and b) multi-unit residential. Mill Rate Factors:


NO. 8-2017

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7. (1) The following mill rate factors are hereby set for the classes and sub-classes of

property established under Part II Section 2 of Tax Administration Bylaw No. 19- 2011 and shall be multiplied by the mill rates for the City to determine the tax rate to be imposed on the taxable assessments in the City:

(i) agricultural class of assessment of property ........................ 1.0000 (ii) residential class of assessment of property …….................. 1.0000 (iii) condominium sub-class of the residential property class … 1.0000 (iv) multi-unit residential sub-class of the residential property

class ……………………………………………………….. 1.0000 (v) commercial and industrial class of assessment of

property …………………………………………………… 1.1625

(2) The mill rate factors set out in subsection (1) shall not apply to the tax required to be levied pursuant to The Education Act, 1995.

Education Mill Rates: 8. The City is hereby authorized to impose a tax on all taxable assessments of the Board of

Education for the Prairie Spirit School Division No. 206 and the Board of Education for the Greater Saskatoon Catholic School Division No. 20, respectively, at the following rates for 2017:

(a) Agricultural Property …………………………………...... 1.43 mills Residential Property …………………………………...... 4.12 mills Commercial/Industrial Property ………………………..... 6.27 mills Resource (oil and gas, mines and pipelines) ……………... 9.68 mills Coming Into Force: 9. This Bylaw shall come into force on the day of its final passing. Read a first time this 2nd day of May, 2017. Read a second time this 2nd day of May, 2017. Read a third time and passed this 2nd day of May, 2017.

______________________________ Mayor ______________________________ City Clerk

CITY OF MARTENSVILLE BUSINESS LICENSING BYLAW NO. 9-2017

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A BYLAW OF THE CITY OF MARTENSVILLE TO REGULATE BUSINESSES, GATHER LAND USE INFORMATION, AND FACILITATE PLANNING DECISIONS.

The Council of the City of Martensville, in the Province of Saskatchewan, enacts the following:

PART I GENERAL MATTERS

Short Title 1. This Bylaw may be cited as the Business Licensing Bylaw. Purpose 2. The purpose of this Bylaw is to license businesses in The City of Martensville so as: (a) To regulate businesses; (b) To ensure compliance with land-use and building regulations; (c) To gather land-use information; and (d) To facilitate planning decisions.

Definitions 3. In this Bylaw, “Act” means The Cities Act and amendments thereto. “Adult Day Care Centre” means an adult day care centre within the meaning of The Martensville Zoning Bylaw. “Applicant” means any Person who makes an application for a Business License under the provisions of this Bylaw. “Application” means a written application for a Business License as required by this Bylaw and includes an application for a new license, or any application to renew or amend a Business License. “Business” means any of the following activities, whether or not for profit and however organized or formed: (a) a commercial, merchandising or industrial activity or undertaking; (b) the carrying on of a profession, trade, occupation, calling or employment; (c) an activity providing goods or services; “Business Location” means a store, outlet, office, warehouse, residence, house, dwelling, factory, building, lot, enclosure, yard or other place used or occupied by any person in the conduct of their Business. “Civic Facility” means a building or lands operated by the City or lands or a building under a joint use agreement.


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“Charity” means an organization that is: (i) incorporated as a non-profit corporation in the Province of Saskatchewan; (ii) a registered charity authorized to issue tax receipts for donations pursuant to The Income Tax Act; or (iii) an organization that can demonstrate that it is formed for social, educational, religious or philanthropic purposes from which the members do not receive any direct economic gain;

“City” means the City of Martensville “Contractor” means a person who constructs, alters, maintains, repairs or removes buildings or structures, installs heating plants, plumbing or other fixtures or performs other similar work in the City and who does not have a business premises in the City. “Designated Official or Employee” means the City Manager, or other person(s) designated by him/her to issue business licenses and enforce this bylaw, including but not limited to Planning Staff and Bylaw Enforcement Officer(s). “Daycare Centre” means a daycare centre within the meaning of The Martensville Zoning Bylaw. “Direct seller” means a person or vendor who is licensed with the Province under the Direct Sellers Act who does not have a business premises in the City and:

i) goes from house to house selling or offering for sale, or soliciting orders for the future delivery of goods or services; and/or

ii) by telephone offers for sale or solicits orders for the future delivery of goods or services; iii) does not have business premises, including a home based business, in the City of Martensville;

“Farmers’ market” means a group of six (6) or more persons operating collectively which sells products that they bake, make, or grow; “Goods” means any article, thing or substance and includes subscriptions for books, magazines or any printed matter. “Home-based business” means a home-based business within the meaning of The Martensville Zoning Bylaw. “Mobile Vendor” means a person selling confectionery items, coffee, lunches, snacks, ice cream or other products from a mobile vehicle or mobile food unit “Mobile Food Vehicle or Unit” means a motor vehicle, structure, cart, table, stand or display used to operate a business, designed for the purpose of preparing and offering the sale of food products, which does not contain customer seating, is capable of being moved “Occupant” includes:

(i) A person residing on land or in a building; (ii) a person entitled to possession of land or a building if there is not person residing on the land or in the building; or (iii) a leaseholder;


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“Person” means any individual, a group of individuals, a corporation, firm, partnership, proprietorship, association, society or co-operative organization “Services” means performing a service or any work, act or deed, for any compensation whether monetary or otherwise. “Special Event” – means any one time or re-occurring public or private event, gathering, festival, competition, contest, exposition or similar type of activity, held outdoors in whole or in part, on City of Martensville property and which is expected to result in or include any of the following:

i. impact to traffic or pedestrian flows requiring partial or full road closures; ii. impact to public use of City infrastructure or services;

iii. high risk activity or structure such as fireworks, pyrotechnics, inflatable bouncers, tents/canopies/stages; and/or

iv. noise that will likely exceed permitted noise levels; but does not include:

a. an event or activity that has been expressly authorized by the City pursuant to the terms of a lease, license, or facility or green space rental; or

b. an event, game, race, or similar type of competition held as part of league or club play; “Store-front Business” means any business located in any of the commercial, mixed use (excluding home based businesses) or industrial districts as shown on the Zoning District Map in the Martensville Zoning Bylaw. “Trade Show” means a place where the public is invited and where goods or merchandise are offered for sale by retail or auction on a short-term basis such as hobby shows, flea markets, home improvement shows, sportsman shows, and craft shows; and includes an exhibition organized so that companies in a specific industry can showcase and demonstrate their latest products, service, study activities of rivals and examine recent market trends and opportunities; “Transient trader” means a person carrying on business in a municipality who: (i) offers goods or merchandise for sale by retail or auction; or (ii) solicits any person who is not a wholesaler or retail dealer for orders for the future delivery of

goods or merchandise; and iii) Does not have a business address in the City;

but does not include a person who is required to be licensed pursuant to The Direct Sellers Act or who is an occupant of property that is used for business purposes. "Unclassified" includes every person carrying on any trade or business not otherwise specified anywhere in this bylaw.


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PART II GENERAL LICENSING: General licensing applies to all businesses operating within the corporate boundaries of the City Of Martensville. Details for specific uses continues in Part III Specific Licensing. License Required 4. Any person carrying on a business within the corporate boundaries of the City of Martensville

must have a license unless otherwise indicated within this bylaw. Licenses Not Required 5. A license shall not be required for:

(a) Any activity carried on by the City or at a location operated by an official or employee of the City acting on behalf of the City in his/her capacity as such official or employee;

(b) Such other activities as Council may by resolution exempt from the requirements of this bylaw;

(c) Any activity undertaken by a charity; (d) Any person under the age of eighteen (18) years providing an individual light duty

occasional service such as those including but not limited to paper deliveries, babysitting, yard work, or snow shoveling; and

(e) For a business carried on by the Governments of the Province of Saskatchewan or Canada or a Crown Corporation created by either Government; but

(i) a person who contracts with any of the Governments, persons or organizations designated in subsection (3) will be subject to all the requirements of this Bylaw.

Application 6. A person must apply in writing to the City for a Business License before commencing any

business.

7. An application must include all requested information, including but not limited to: (a) Name, and address of the applicant, (b) The nature of the business for which the license is required, (c) The place where the business is to be carried on, (d) The name under which the business will be operated, (e) The area of the premises where the business will be carried on; (f) The name of a contact person; (g) A completed Development Permit and supporting documents (when applicable). (h) Business registration number or proof of Provincial business registration; and (i) Any other information which may be reasonably requested by the City from time to time.

License Fee 8. A person must pay the fee provided for in Schedule “A” when applying for the license. A person

will not be issued a license until the fee has been paid.

9. The City Manager may waive the applicable fee for any business activity conducted by any organization that demonstrates, to the satisfaction of the Manager, that it is formed for charitable, social, religious, or philanthropic purposes from which the members of that organization do not receive any financial or economic gain.


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Granting of Licenses 10. The City may issue licenses in the following circumstances:

(a) The required application form has been completed; (b) The required license fee has been paid; (c) If required, the necessary provincial or federal license has been produced; (d) If required, the necessary written approval of Saskatoon District Health or

Saskatchewan Health Authority has been produced; (e) If required, the necessary written approval has been produced from the following

departments: (i) Infrastructure and Planning – Planning, Development, Building and/or

Public Works; and/or (ii) Fire; (iii) Community Services; and

(f) The business or the premises occupied by the business complies with all the zoning, building, plumbing and other requirements of the City.

License Issued for One Year Unless Otherwise Stated 11. Every license, unless suspended or revoked, shall be for one (1) year from the date of issue of the

license unless otherwise stated on the license. Renewal 12. a) A person must renew their license annually or purchase a license for each project in the manner

prescribed by the City. b) A person must renew their license annually in the manner prescribed by the City. c) In the case of a transient trader or contractor, the license must be renewed prior to providing actual business within the City of Martensville.

13. A person must pay the fee provided for in Schedule “A” when renewing the license. Good Standing 14. All persons who obtain or renew a Business License, unless revoked or suspended as defined

within this bylaw, shall be considered in good standing with the City, and each business shall have the option to be listed in the City of Martensville Business Directory and website directory at no additional cost.

Consequence of Late License Renewal 15. If a License has not been renewed within two (2) months of the date that is indicated on the

annual License renewal form, then the business will be recorded as closed. 16. Any business that wishes to renew their License once the Business has been recorded as closed

must follow all steps that are required to apply for a new Business License. Transfer of License 17. A License is not personal property. A Licensee may not sell, transfer, assign, lease or otherwise

dispose of or deal in a License.


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Accessory to Licensee 18. No owner, operator or manager of a hotel, mall, commercial business, or any other lands or

buildings in the City, shall knowingly allow, suffer, or permit any Person to carry on any Business thereon without such Person being the holder of a valid License as required under this Bylaw.

Discontinuance or Change 19. A person must notify the City if a business is discontinued. 20. A person must notify the City if the mailing address or phone number of the business

changes, the partners of the business if the License Is Issued to a partnership changes, or the officers or directors of the corporation If the License is issued to a corporation changes.

21. A person must notify the City if either the size or nature of the business changes. 22. A person must apply for a new license if the business relocates. 23. A person purchasing or taking over an existing business must apply for a new license but shall

not be required to pay a new license fee. In this circumstance, the new license will expire at the end of the original license period.

Revoking, Denying, or Suspending of Licenses 24. If a licensee contravenes any term or condition of this Bylaw, the City may suspend or revoke

the license. No refunds will be issued for any licenses suspended or revoked. 25. The City may refuse to issue or renew a license and may impose conditions on a License for the

following reasons: a) The Applicant or Licensee does not or no longer meets the requirements of this Bylaw

with respect to the License applied for or held; b) The Applicant has breached a condition of the License; c) The Applicant or Licensee or any of its officers or employees:

i. Furnishes false information or misrepresents any fact or circumstance to a Designated Official or employee;

ii. Has, in the opinion of the Designated Official or employee, based on reasonable grounds, contravened this Bylaw or any applicable bylaw whether or not the contravention has been prosecuted;

iii. Has, in the opinion of the Designated Official or employee, based on reasonable grounds, contravened the provisions of any federal, provincial, or municipal legislation or regulation;

iv. Fails to pay a fine imposed by a court for a contravention of this Bylaw; v. Fails to pay any fee or penalty required by this or any other applicable Bylaw; or

d) in the opinion of the Designated Official or employee, based on reasonable grounds, it is in the public interest to do so.

26. The Licensee shall immediately, upon receiving notification that the License has been revoked,

cancelled or suspended, terminate the operation of the Business.


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27. No fees for any license that is revoked, suspended or cancelled shall be refunded. Right to Appeal 28. Any licensee or applicant may appeal the denial, suspension or cancellation of a license issued

under this Bylaw to City Council. The applicant must, in writing and within 15 days of the denial, suspension or cancellation, outline how the contravention of which gave rise to the denial, suspension or cancellation has now been rectified or the licensee now has the ability to comply with the bylaw. Council may reinstate a license if it is satisfied that the licensee is complying with the bylaw.

29. A Person may not appeal a decision to issue a License for a limited term or for a specified date

under the conditions of this Bylaw. 30. The City may reinstate a suspended license if Council is satisfied that the licensee is complying

with the Bylaw. If Council is satisfied that the Licensee of the revoked license is complying with the Bylaw, that person must re-apply with a new application.

Distress 31. The City may recover any license fee by distress in accordance with the provisions of The Cities

Act. Premises Licensed Separately 32. If a business is carried on at more than one location, a person must obtain a license for each

location.

33. Notwithstanding Section (33), Mobile Food Vendors may be located at no extra charge at more than one location so long as they are in conformity with all other sections of this bylaw. All addresses must be indicated on the license.

34. Notwithstanding, Section (20), applications for annual licenses to operate within Civic Facilities

may operate at more than one Civic Facility under that license so long as they are in conformity with all other sections of this bylaw and at no additional fee. The Planning Department must be notified by the business owner when new/additional locations within Civic Facilities are under procurement in association with that business license.

35. A license issued under the provisions of this Bylaw is only valid at the location(s) for which it is

issued, unless otherwise specified.

City Bylaws 36. A license will not be issued under this Bylaw for any business or any premises occupied by the

business which does not conform to any zoning, building, plumbing and other requirements of the City.

37. The issuing of a license to a person/business does not relieve that person/business of the responsibility of conforming to any zoning, building, plumbing, and other requirements of the City.


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38. No person to whom a license is granted shall conduct the business so licensed on any street, lane or other public place without first having obtained the authorization to do so from the City and as may be required pursuant to any bylaw.

Federal or Provincial Registration and/or License Required

39. All Businesses must adhere to all applicable federal, provincial and municipal legislation

and regulations. 40. A license will not be issued under this Bylaw to any person required by law to obtain a federal or

provincial license, until the person has first produced the required federal and/or provincial license to the City.

41. Any license issued under this Bylaw without the person first obtaining the required federal or provincial license is invalid.

License to Be Displayed 42. Any license issued under this Bylaw must be displayed in a prominent place at the place of

business for which the license was issued or be available to be produced upon the request of a designated official or employee of the City.

Part III Specific Licensing

In addition to Part II, this section provides additional detail for specific business categories. Transient Traders 43. For the purposes of this Bylaw, transient traders are classified into the following categories:

a) Farmers’ Markets;

b) Mobile Food Vendors;

c) Trade Shows; and

d) Other transient traders.

Trade Shows and Farmer’s Markets 44. A person must obtain a license to operate a Trade Show or Farmer’s Market whether or not they

already have a business license for another premise unless the Trade Show or Farmer’s Market is to be held at such other premise. The license fee will cover all persons offering goods or merchandise for sale at the Trade Show or Farmer’s Market.

45. A License for a Trade Show or Farmer’s Market is a valid License for all vendors operating within the Trade show or Farmer’s Market while the Trade Show or Farmer’s Market is in operation. The Licensee must provide a current list of all vendors to the City and thereafter, provide an updated vendor list to the City should the event extend beyond one week.


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46. Any Person operating as a vendor outside of the hours of operation of a licenced Trade Show or Farmer’s Market is required to obtain a valid Business License in accordance with this Bylaw.

47. A person applying for a Farmer’s Market must submit written approval from landowner for each

intended operating location with their initial License Application; further, updated current approval letters must be provided upon License renewal.

Contractors 48. Contractors may purchase either an annual license, as per Section (11), or a onetime license that

is good for only one location for which that business is conducting work. The onetime license expires at the end of the work at that location.

49. Notwithstanding the provisions of this bylaw, the City, at its sole discretion, may require the

general contractor of a project to provide a list of sub-trades for the project and the total business license fees will be payable by the general contractor with the term of the business license to expire at the end of the project.

50. If a license fee imposed for the licensing of a contractor is unpaid, a designated officer:

(a) may give a written notice to any person by whom the contractor is employed requiring that person to pay the license fee out of moneys payable by that person to the contractor; and

(b) if the designated officer gives written notice pursuant to clause (a), he/she shall send a copy of the written notice to the contractor.

51. On receipt by a person mentioned in Section (50) of a written notice requiring the person to pay a

license fee, the amount of the license fee is, to the extent of the moneys so payable, a debt due by that person to the Municipality; and may be recovered in the same manner as taxes may be recovered.

Mobile Food Vendors and Mobile Food Vehicles 52. A license will not be issued for a mobile food vendor, until the applicant produces the following:

a)Approval from the Saskatoon Health District or Saskatchewan Health Authority; b) Fire inspection approval; c) Motor vehicle insurance (if mobile food truck); d) Discharge Management Plans; e) Photographs of the unit/truck being used; and f) Proof of liability insurance of $2,000,000.

53. Mobile Food Vendors shall be permitted to operate their mobile food vehicle/unit from commercial, community service, industrial zoned lands, a special event or the farmer’s market on the following conditions:

a) the vending vehicle/unit is not located within 50m of an existing commercial business selling, serving or preparing food for sale to the general public as their main source of income, measured from the vehicle/unit to the property line of that business; or


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b) written approval for the mobile food vehicle/unit to take part in a special event or the farmer’s market has been received from the organizer and provided to the City as part of the application; or

c) Within 150m of an existing farmer’s market, special event or concession operated within

a Civic Facility while they are open for business to the general public unless they are part of that event as per subsection (b).

54. Mobile Food Vendors shall be permitted to operate their mobile food vehicle/unit from a property

under the following conditions:

a) Permission of the property owner(s) has been obtained in writing annually;

b) A mobile food vehicle or unit must be parked in a parking lot, parallel to a curb if available to their serve customers, and, in no case, infringe nor encroach onto landscaped areas for the purpose of parking or serving customers;

c) A mobile food vehicle/unit shall be sited in a manner that does not materially affect the

principal use of the property or site access, circulation, and parking;

d) A mobile food vehicle/unit shall not occupy any required parking spaces(s) that are designated to a primary use(s) while the primary use(s) is/are open to the public;

e) Mobile food vehicle/unit shall be removed from their approved location(s) after their designated hours of operation; and

f) All equipment and signage associated with the mobile food vehicle/unit shall be located within 2.0m of the mobile food vehicle/unit; and

g) The mobile food vehicle/unit shall supply its own power and water source. Generators

are permitted providing that they do not cause a noise disturbance.

55. An annual renewal must include written approval from the landowner for each intended operating location if operating on private or municipal property or from the organizer at a special event.

56. A separate license must be issued for each mobile food vehicle/unit except for those locating and

included in a licensed Farmer’s Market. 57. Mobile Food Vehicle/unit located and included in a licensed Farmer’s Market are not exempt

from Section (52)

Direct Sellers 58. A person operating as a direct seller must produce the following to the City:

a) A copy of their provincial license under the Direct Sellers Act; b) If selling for a company, a copy of their identification tag issued to them from their

company; and


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c) If selling for a company, the company must be registered with the Province and provide to the City the PST Number or Entity Number that was issued to them by the Province.

59. A person operating as a direct seller must reapply for their license annually in the manner prescribed by the City

60. One license will be issued to the business and the license shall specifically list the name of all

person(s) listed in Section (58) (b) who will be working as a direct seller within the corporate boundaries of the City.

Circus, Carnival and Rodeo Entertainment 61. No person shall carry on business as a circus and/or carnival or rodeo promoter in the City

without a license. The license shall not be granted prior to receiving the approval of Council and payment for the license. Payment and application for the license in no way alieves the applicant from conforming to any other applicable section of this bylaw.

Day Care Centers 62. Any person applying for a business license for the operation of a child day care centre in

Martensville, in addition to sections (6) and (10), must specifically provide a valid provincial license to operate a day care centre;

63. Adult day care centres are exempt from Section (62). Taxi Business 64. The Applicant for the Business License must present the approved development permit, where

applicable, and proof that the Applicant has been approved to operate a taxi business from Saskatchewan Government Insurance at the time of applying for the License.

65. All Taxi Companies are required to comply with the City’s Taxi Cab Bylaw, as well as all

provisions of this bylaw, and any other pertinent municipal, provincial, and federal legislation. 66. The City may revoke, suspend or cancel the Business License of any taxi company that does not

comply with the City’s Taxi Cab Bylaw or any provision of this Bylaw. Unclassified 67. Any person applying for a license to conduct business in the City but for a business not

specifically specified within this bylaw, shall not automatically be denied a license. In the instance that

a) all sections of this bylaw and b) all municipal, provincial or federal requirements are met,

the City shall consider issuing the license for that business to operate within City limits.


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PART IV ENFORCEMENT OF BYLAW

Enforcement of Bylaw 68. The administration and enforcement of this Bylaw is hereby delegated to the City Manager for

the City of Martensville. 69. The City Manager is hereby authorized to further delegate the administration and enforcement of

this Bylaw to designated officials or employees. 70. The City Manager may appoint any employee or agent of the City as a designated official or

employee for the purposes of administration and enforcement of this Bylaw. Inspections 71. The inspection of property by the City to determine if this Bylaw is being complied with is

hereby authorized. 72. Inspections under this Bylaw shall be carried out in accordance with Section 324 of The Cities

Act; and 73. No person shall obstruct a designated officer who is authorized to conduct an inspection under

this Section, or a person who is assisting a designated officer. 74. Any form of advertising of business activity shall be deemed to be proof that the person is

carrying on such business activity. Offences 75. No person shall:

(a) Conduct a business without a license; (b) Conduct a business activity from a premises not identified on a license; (c) Conducting business without renewal (d) Failing to post license (e) Failing to produce license upon request by authorized personnel (f) Advertising or promoting a business without license (g) Providing false or misleading information to the City (h) Providing false or misleading information to Bylaw Enforcement Officer (i) Obstruct or hinder any designated officer or employee acting under the authority of this

Bylaw; or (j) Fail to comply with any other provision of this Bylaw.

Penalties 76. Where the designated official or employee authorized by the City has reason to believe that a

person has contravened any provision of this Bylaw, including, but not limited to Section (75), the Bylaw Enforcement Officer may issue a Notice of Violation to such person.

77. In the event that a person who has been issued a Notice of Violation, continues to contravene the

bylaw, penalties can be applied for each day of contravention and a notice of violation can be issued accordingly.


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78. The Notice of Violation, shall be in Schedule “C” attached to this bylaw. 79. A person, who has been served a Notice of Violation, may voluntarily pay the penalty at City

Hall during regular office hours to avoid prosecution. 80. Any person who contravenes the provisions of this bylaw or fails to comply therewith or with

any Notice of Violation or Bylaw Notice given thereunder shall be guilty of an offence and liable upon summary conviction:

(a) In a case of an individual, to a fine not exceeding $10,000.00 and, in the case of a continuing offence, to a further fine not exceeding $10,000.00 for each day during which the offence continues; and

(b) In the case of a corporation, to a fine not exceeding $25,000.00 and, in the case of a continuing offence, to a further fine not exceeding $25,000.00 for each day during which the offence continues.

81. In case of a conviction for the non-payment of the license fee payable to the City under this

Bylaw, the convicting justice may adjudge payment thereof in addition to the penalty. Such penalty or penalty and license fee, as the case may be, may be recovered and enforced by summary conviction before a provincial Magistrate or Justice of the Peace having jurisdiction in the City

82. Notwithstanding the foregoing a Bylaw Enforcement Officer may, in his/her sole discretion, proceed directly to the issuance of a Violation Ticket or Summary Offence Ticket to any Person without the prior issuance of a Notice of Violation.

PART V SEVERABILITY: Scope 83. Each provision of this Bylaw is independent of all other provisions. If any provision is declared

invalid by a Court of competent jurisdiction, all other provisions of this Bylaw will remain valid and enforceable.

PART V REPEAL OF BYLAWS:

Repeal of Former Bylaws 84. Bylaw No. 27-2005 and all applicable amendments are hereby repealed.


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PART V EFFECTIVE DATE OF BYLAW: Coming Into Force 85. This Bylaw shall come into force and effective May 16th, 2017.

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Mayor

_______________________________ City Clerk Read a first time this 16th Day of May, 2017 Read a second time this 16th Day of May, 2017 Read a third and final time this 16th Day of May, 2017


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Schedule “A” SCHEDULE OF FEES

Application Fee Renewal Permanent Locations: License fee for store-front businesses $100 $75 License fee for home-based businesses $ 1 0 0 $75 Transient Traders: License fee for contractors (per project) $ 1 0 0 N / A License fee for contractors (annual) $200 $200 License fee for direct sellers $ 1 0 0 License fee for farmers’ market (per location) $100 $75 License fee for mobile food vendor (per unit) $250 $250

Other Businesses: License fee for Taxi- Cabs $100 $75 Circus and/or Carnival or Rodeo Promoters: $100 License fee for businesses unclassified $100 $75


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Schedule “B” SCHEDULE OF PENALTIES

Conducting a business without a license $200 Conducting business activity from a premises not identified on license $100 Conducting business without renewal $200 Failing to post license $100 Failing to produce license upon request by authorized personnel $100 Advertising or promoting a business without license $200 Providing false or misleading information to the City $500 Providing false or misleading information to Bylaw Enforcement Officer $500


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Schedule “C” Notice of Violation

2017-05-16 Regular Council...2017/05/16 · RESUME REGULAR COUNCIL MEETING “That we resume the...

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Transcript of 2017-05-16 Regular Council...2017/05/16 · RESUME REGULAR COUNCIL MEETING “That we resume the...