PUBLISHED BY AUTHORITY

Pursuant to the power conferred by Section 248 of the Municipalities Act Chapter M-23, the Town of Bonavista has adopted the following By-Law effective January 4, 1999:-

Betty Fitzgerald, Mayor

BONAVISTA  HERITAGE  BY–LAW

1. This By-Law may be cited as the “Heritage By-Law”.
2. The Council may, through the By-Law, from time to time designate areas in the Town to be “Heritage Areas”.
3. The Council may, by By-Law, from time to time designate building in the Town as “Designated Historic Properties”.
4. The Council shall appoint an Advisory Committee to be designated and hereinafter called the “Heritage Advisory Committee” consisting of seven (7) members.
5. Two (2) of the members of the Heritage Advisory Committee shall be members of Council.
6. At least two (2) members of the Heritage Advisory Committee shall be chosen by the Council from a list of nominees submitted every two years by the Bonavista Heritage Foundation.
7. At least one (1) member of the Heritage Advisory Committee shall be a member of the Bonavista Historical Society.
8. One member of the Heritage Advisory Committee shall be a resident of a Heritage Area (assuming and area is declared)
9. One member shall be a resident of the Town of Bonavista.
10. The member of the Heritage Advisory Committee shall hold office for a term of two years but may be reappointed.
11. The Chairperson of the Heritage Advisory Committee shall be appointed by the Council.
12. If a vacancy should occur on the Heritage Advisory Committee, the person appointed to fill the vacancy shall be subject to retirement at the same time as if that person had become a member on the day on which the member on whose place he or she was appointed was last elected as a member.
13. The Heritage Committee shall consider such matters relating to the designation of any areas as a “Heritage Area” or any buildings as “Historic Properties” as may be referred to it by Council.
14. The Heritage Advisory Committee shall compile and maintain a register of buildings within the town which are of architectural or historic interest and shall submit this list to the Council. This register may include, but shall not be limited to, those buildings identified in the Bonavista Historic Townscape Management Plan. In developing this list, it shall also determine a set of criteria for designation which shall guide it in its recommendations to Council.
15. The Council may, by By-Laws, designate all or any of the buildings in the said list to be Designated Historic Properties.
16. Each person who is the owner of a building designated as a Heritage structure shall be notified of such designation by the Council by serving the owner a written notice that the building is so designated.
17. Notice may be served personally or sent by registered post addresses to the owner at the premises designated as a Historic Property. Any notice sent by post shall be deemed to have been served two days after posting.
18. Unless a permit to do so has been issued by the Council, no person shall:
19. Remove, pull down or demolish, or permit, suffer or allow to be removed, pulled down or demolished any building within a Heritage area;
20. 1. Alter or permit, suffer or allow to be altered, the exterior of any Designated Historic Property, whether located within a designated Heritage Area or not, including, without limited the generality of the foregoing, the design, facade or external appearance thereof.
21. Before any permit is issued under Section 9, the application shall be submitted to the Heritage Advisory Committee for consideration. The Heritage Advisory Committee shall consider the application and within fourteen (14) days, submit a written recommendation to Council.
22. The Heritage Advisory Committee may use the guidelines and principals established in the Bonavista Historic Townscape Management Plan as a guide when considering applications to alter the exterior of any Designated Historic Property.
23. Any owner os a Historic Property within a Heritage Area aggrieved by decision in connection with this By-Law of Council may, within fifteen (15) days after the decision is communicated to him/her, appeal by filing a notice of appeal with the appropriate Municipal Board of Appeal, which shall forthwith appoint a day, time and a place for the hearing for such appeal.
24. The Board of Appeal shall give its decision in writing to the appellant.
25. Nothing herein shall any person from complying with all other applicable laws and regulations of Council.

As part of this By-Law, demolition permits will cost $5.00.

PUBLISHED BY AUTHORITY

The following regulations have been made by the Town Council of Bonavista under the provisions of local Government Act, 1966, and were approved by me on the 25 day of March, A.D. 1966.

J. Abbott,

Minister of Municipal Affairs & Supply

B U I L D I N G   R E G U L A T I O N S

1. In these regulations unless the context otherwise requires:
2. “Act” means the Local Municipalities Government Act, Chapter M-23, 1966.
3. “Town” means the Town of Bonavista as defined by Paragraph 2 of Order-in-Council, dated the 24^th day of November A.D., 1964 and made under the Local Government Act 1966.
4. “Council” means the Town Council of Bonavista constituted under the provisions of the said Act.
5. “Building” included every structure, erection, excavation, alteration or improvement whatsoever placed on, over or under the land and every part of same, and any chimney, staircase, porch or other structure used in connection with such building, and all equipment, apparatus, or appliances attached to or installed in any building, and included a trailer which is occupied for a period of not less than three months, concessions stands whether mobile or stationary and food vending machines.
6. “Inspector” means any person appointed as such by the Council.
7. The inspector shall enforce all the building laws and regulations of the Town and shall make a record of any violations, thereof stating the nature of the violation, the street and number or locality at which any violation is found, the owner of the building, the architect and master mechanic employed, and any other matter in his judgment proper to be recorded and shall report such violation to the Council who shall forthwith take such action as may be necessary to compel compliance with the law. It shall be the duty of the Inspector, during the progress of the construction, alterations, repair, removal or demolition of any building for which a permit has been issued, to inspect the work from time to time and ensure a strict compliance with all the provisions of these regulations.
8. No building or any part of any building shall therefore be constructed except in conformity with the provisions of these regulations.
9. Except as specifically permitted by these regulations all alterations or additions made hereafter, whether to existing building or to building hereafter erected shall conform to the requirements of these regulations except with the permission of the Council in writing.
10. No person shall erect or construct any building within the area unless a permit for the erection or construction of such building shall have first issued by the Council.
11. No fence adjoining a road or right of way shall be built or moved or major repairs done to any existing fence without a permit from the Council.
12. No person shall erase, alter or modify any drawings or specifications upon which a building permit has been granted by the Council unless the Council has agreed to such changes.
13. If during the progress of the work, it is desired to deviate from the plan filed with the application for a building permit, in any manner affecting the construction or other essentials of the building, notice of such desired alternations, together with the new plans and specifications shall first be given in writing to the Council whose written approval shall be obtained before such alterations are commenced.
14. Any building permit issued by the Council under the provisions of these regulations shall expire unless building construction is started within six months from the date of issue.
15. The Council shall revoke any permit issued under the provisions of these regulations of may stop work for any of the following reasons:
16. When construction is discontinued for a period of one year;
17. When in opinion of the Council the completion of the construction has been unduly delayed;
18. Whenever there has been a violation of the provisions of these regulations;
19. Whenever the continuance of the work dangerous to life or property.
20. The Council may require an applicant for a permit to give notice of the application by letter to any person or persons who interest may require notice of such application to be given at the cost of the applicant by the public advertisement in a newspaper circulating in the Town.
21. There shall be kept posted in a conspicuous place on the premises where any work, matter or thing is being done for which a permit has been issued, a copy of such permit, or a poster in lieu thereof as supplied by the Council during the whole progress of said work, or the doing of the said matter of things, until completions.
22. No building shall be moved to a new location unless a permit for such change of location and removal has been first obtained from the Council.
23. A change of location of a building shall be considered a re-erection of such building and be subject to all the provisions of the regulations.
24. No person shall build, construct, make or use any cesspit, cesspool, privy, sceptic tank, barnyard or stable without prior approval of the Council.
25. Notwithstanding anything contained in these regulations the Council may refuse to grant any permit or approval under these regulations whenever in its opinion it is necessary to do so in order to give effect to the purpose of these regulations.
26. Any person who fails to comply with any of the provisions of these regulations of any orders made there-under is guilty of an offence and liable on summary conviction to a penalty not exceeding One Hundred Dollars of in default of payment to imprisonment for a period not exceeding ninety days.
27. These regulations shall come into effect on the 1^st day of April A.D., 1966, and shall be cited as the Town of Bonavista (Building) Regulations, 1966.

PUBLISHED BY AUTHORITY

The following regulations have been made by the Town Council of Bonavista under the provisions of the Local Government Act, 1966, and were approved by me on the 20^th day of January A.D., 1970.

                ERIC N. DAWE, Minister of Municipal Affairs and Housing 

ANTI – LITTER REGULATIONS

1.      Interpretations.  In these regulations unless the context otherwise requires:-

a.      “Act” shall mean The Local Government Act, 1966.

b.      “Council” shall mean the Town Council of the Town of Bonavista.

c.      “Town” shall mean the Town Council of Bonavista as defined by Paragraph 2 of Order-in-Council dated the 24^th day of November A.D., 1964.

d.      “Authorized Receptacles” shall mean a litter storage or collection receptacle as required by the Town Council of Bonavista (Garbage) Regulations, 1966, or as may be approved by the Council.

e.      “Hand Bill” shall mean printed or written matter, circular sample, advertisement, leaflet or paper other than a newspaper or Her Majesty’s mail.

f.       “Litter” shall mean any obnoxious substance, waste or unsanitary matter, refuse, garbage, rubbish, ashes, street cleaning, dead animals, paper wrappings, cardboard boxes, tin cans, leaves, wood, bedding, crockery, glass bottles and glass in all its forms, cement bags, and bags of all description and other matter or thing which if thrown or deposited as herein prohibited tends, or is likely to cause or causes unsightliness within the Town or created a danger to health, welfare, or public safety includes apparently abandoned vehicles and appliances.

g.      “Person” shall mean any person, firm, partnership, association, corporations, company or organization of any kind.

h.      “”Town Clerk” shall mean the Town Clerk of the Town Council of Bonavista.

LITTER

2.      Litter in Public Places:

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in authorized receptacles for collection or in authorized Town Dumps.

3.      Placement of Litter in Receptacles so as to Prevent Scatterings:

Persons placing litter in authorized receptacles or in authorized Town dumps shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private property, or pond, river, or stream.

4.      Sweeping Litter into Cutters Prohibited:

No person shall sweep into or deposit into any gutter, street or other public place within the Town the accumulation of litter from any building or lot of from any public or private sidewalk in front of their premises free of litter.

5.      Business Houses Responsibility:

No person owing or occupying a place of business shall sweep into or deposit onto any gutter, street or other public place within the Town the accumulation of litter from any building or lot, or form any public or private sidewalk or driveway. Persons owing or occupying places of business within the Town shall keep sidewalk or parking area free of litter, provided however, that nothing in this Section 9 shall prohibit persons from watering sidewalks, gutters, or streets fronting their premises in order to minimize or control the spreading and flow of dust.

6.      Litter Thrown by Persons in Vehicles:

No person while a driver or passenger in vehicle shall throw or deposit litter of any description upon any street or other public place or upon private property within the Town.

7.      Truck Loads Causing Litter:

No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded so as to prevent any load, contents or litter from being blown or deposited upon any street, lane or public place or private property.

8.      Litter in Parks:

No person shall throw or deposit litter in any park within the Town except in authorized receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any street or any part of the park of any other public place pr private property. Where authorized receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.

9.      Litter in Waterways

No person shall throw or deposit litter in any ditch, pond or stream or other body of water in any park or elsewhere within the Town.

10.   Posting Notices Prohibited

No person shall post or affix any notice, poster or other matter or device calculated to attract the attention of the public to any lamp post, public utility pole, tree or upon any public structure or building except as may be authorized by the Council or required by law.

11.   Litter on Private Property

No person shall throw or deposit litter on any private property within the Town, whether the property is owned by such person or not, except that the owner or person in control of private property may maintain authorized receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

12.   Order for Disposal of Litter

The Town Clerk is empowered and authorized to order the owner or occupier of any private property within the Town to properly dispose of any or all litter located on such property. Such order shall be means of a notice signed by Town Clerk and served upon the owner of occupier.

13.   Council May Carry Out Directions:

If any notice issued and served under Section 12 is not complied with or is not so far complied with as the Council regards as reasonable within the time named in the notice, the Council may carry out the directions contained in the notice through tits officers, agents, employees or contractors and recover the cost of so doing as a civil debt from the person on whom the notice was served.

14.   Enforcement:

It shall be the duty of any person assigned by the Council to enforce these regulations:-

a.      To report the name and address of any person observed of reliably reported to have violated any of the provisions of these regulations.

b.      To report the time and nature of the violation of the Regulation, and any circumstances being relevant to the violation.

c.      To serve upon the person violating any provisions of these Regulations a serially numbered notice that the person concerned has violated a provision of the Regulations and instructing such person to carry out any order in regard to such violation.

d.      To Furnish the Town Clerk a duplicated of each serially numbered notice of violation. 

15.   Penalty

Every person served with a notice of violation shall carry out the instruction contained in such notice. Failure to comply with instructions within the time stated in such notice will make the person liable to fine, or conviction, not exceeding $50.00 and in default of payment of such penalty to imprisonment for a period not exceeding thirty days, not withstanding anything in the foregoing, any person guilty of throwing bottles or glass from a vehicle or breaking or throwing bottles or glass on public streets or in parks or in public property within the Town shall be liable on conviction to fine not exceeding $100.00 and in default of payment of such penalty to imprisonment for a period not exceeding ninety days.

16.   These Regulations shall come effect on the 20^th day of February A.D., 1970 and may be cited as the Town Council of Bonavista (Anti-Litter) Regulations, 1970.

December 1, 2010

PUBLIC NOTICE

TOWN OF BONAVISTA

SNOW-CLEARING REGULATIONS

REGULATION NO. 2

During the period from the 15^th day of December in each year to and including the 15^th day of April in any succeeding year, both days inclusive, no person shall park an unattended vehicle upon any highway within the Town between the hours of 12 o’clock  midnight and 8:00 a.m.

REGULATION NO. 3

At no time shall a person park an unattended vehicle on any highway within the Town when a snowstorm is in progress and until the highway is cleared of snow resulting from the storm

CALVIN ROLLS, TOWN MANAGER

TOWN OF BONAVISTA

PUBLISHED BY AUTHORITY

Pursuant to authority delegated by the Minister of Highways under Section 209 of The Highway Act, 1962, the Town Council of Bonavista has made the following regulations.

A.G. SWYERS, Mayor

S N O W    C L E A R I N G    R E G U A L T I O N S

1. Interpretations. In these regulations unless the context otherwise requires.
2. “Council” means the Town Council of Bonavista.
3. “Town” means the Town of Bonavista as defined by paragraph 2 of Order-in-Council, dated the 24^th day of November, A.D., 1964, and made under The Local Government Act, 1966.
4. “Vehicle” means a device in, upon or by which a person or property may be transported or drawn upon highway, but does not include devices exclusively upon fixed rails.
5. “Highways” shall include any way in which the public has access, and shall also include every place to which the public has access as a parking place for motor vehicles.
6. During the period from the fifteenth day of December in each year to and including the fifteenth day of April in any succeeding year, both days inclusive, no person shall park an unattended vehicle upon any highway within the Town between the hours of 12:00 midnight and 8:00 am.
7. At no time shall a person park an unattended vehicle on any highway within the Town when a snow storm is in progress and until the highway is question is cleared of snow resulting from the storm.
8. These regulations shall be cited as the Town of Bonavista (Snow Clearing) Regulations, 1969.

PUBLISHED BY AUTHORITY

The following regulations have been made by the Town Council of Bonavista under the provisions of the Municipalities Act, Chapter M-23 RSN 1990 as amended, and were adopted by Council on the 17^th day of JUNE 1996.

Donald P. Tremblett, Mayor

S A L E S   F R O M   V E C H I L E S   &   

C O N C E S S I O N   S T A N D S   R E G U L A T I O N S

1. 1. Interpretation
      In these regulations, unless the context otherwise requires:
      
      1. “Act” means the Municipalities Act, Chapter M-23 RSN 1990 as amended.
      2. “Council” means the Town Council of Bonavista.
      3. “Food” shall be deemed to included materials of all sort which are intended to be of which are capable of being eaten, drunk or absorbed by an organism, whether of not such is in a raw or prepared state or is intended for such use or consumption and without limiting the generality of the foregoing, shall be deemed to included fish and farm produce and other whether natural or artificially created.
      4. “Good” shall be deemed to included wares and merchandise of all kids and sorts intended to be or capable of being sold or exchanged.
      5. “Sale”, “Sell”, and “Selling” shall be deemed to include “Give”, “Giving”, “Distribution”, “Distribute”, and “Distribution.”
      6. “Town” means the Town of Bonavista as defined from time to time by Order in Council made under the provisions of the Act.
      7. “Vehicle” shall be deemed to include any object in which something can be carried whether it is capable of self-moving or of being drawn by another vehicle or person whether or not such object is temporally or permanently, and, without limiting the foregoing, shall included any rack, stand, frame or other structure.
   2. No persons shall within the boundaries of the Town of Bonavista use any vehicle of stand for the sale of food or goods without having first obtained a permit from the Council.
   3. A permit issued hereunder shall be subject to such conditions as council may prescribe including, without limiting the generality of the foregoing, the following:
      
      1. The place or places at which such sales may take place.
      2. The times at which such sales may take place.
      3. The types of food and or goods that may be sold
      4. The manner on which goods or wares may be displayed
      5. The types, compositions and dimensions of containers in which such goods or wares may be stores or sold.
      6. The manner in which garbage, refuse and other waste items shall be stored and times of which the same must be removed.
      7. Times and places at which vehicles used for sales may be removed and parked
   4. Notwithstanding anything else herein provided, any person selling food or goods within the Town or who desires to obtain a permit hereunder shall obtain all other necessary permits and shall comply with all acts and regulations governing such sales whether such permits or regulations or law be federal, provincial or municipal in origin.
   5. Council may prescribe a few time to time for permits issued hereunder.
   6. Any person who contravenes any of the provisions of these regulations of fails to comply with any conditions of a permit issued hereunder, is guilty of an offence and liable on summary conviction to a fine not exceeding One Thousand Dollars ($1,000.00) or less than Fifty Dollars ($50.00) or in default of payment to a period of imprisonment not exceeding ninety (90) days or to both such fine and period of imprisonment.
   7. These regulations shall come into effect on the 15^th day of August 1996 and may be cited as the Town of Bonavista Sales from Vehicle and Concession Stand Regulations 1996.

David Hiscock, Town Clerk

FIRE REGULATIONS, 1983

Pursuant to the powers conferred by Section 189 of The Municipalities Act and all other powers it enabling, the Bonavista Town Council hereby makes the following Fire Regulations.

FIRE REGULATIONS

1. These Regulations may be cited as the Town of Bonavista Fire Regulations, 1983.

2. The following code is adopted:
   
   1980. National Fire Code of Canada, 1980.

3. These Regulations come into effect on the 1^st day of January 1984.

4. All previous Fire Regulations of the Town of Bonavista are hereby repealed.

Made and adopted by the Council of the Town of Bonavista on the 19^th day of December 1983.

David Hiscock, Clerk

Frank J. Little ,Mayor

________________________________________________________________________________

Approved by me at St. John’s this 4^th day of January 1984.

Hazel R. Newhook

Minister of Munciapl Affairs

NOTE: All persons are herby requested to take notice that anyone who wishes to view these Regulations may do so at the Office of the Clerk of the Council.

PUBLISHED BY AUTHORITY

Pursuant to the Power conferred by Section 254 of the Municipalities Act, the Town Council of Bonavista has made the following regulations.

Eric Dunn, Mayor

Any individual caught loitering around public areas in the Town of Bonavista after business hours will be subject to a maximum fine of $500.00

LOITERING REGULATIONS

Pursuant to the power conferred by Section 254 of the Municipalities Act, the Town Council of Bonavista has made the following regulation.

Any individual found loitering, causing disturbance or otherwise creating a nuisance within or on the property of the Town and specifically within or on such structures as school bus shelters, public playgrounds and any other facility operated and/or maintained by the Town, after the ceasing of normal operating hours, without good excuse, shall be subject, upon conviction of a summary charger offence, to a fine not exceed $500.00

For greater certainty, the following time schedules shall apply and be defined as normal operating hours:-

               School bus shelters – 7:00 a.m. – 4:00 p.m.

               Public Playgrounds – 7:00 a.m. – 10:00 p.m.

This regulation shall come into effect on the 1^st day of August, A.D. 1994, and shall be cited as the Town of Bonavista (Nuisance) Regulation 1994

The Mobile Home Development Regulations

Under and by virtue of the powers conferred by Section 63 of the Urban and rural Planning Act, RSN 1990, c U-7, and of all other powers enabling him in that behalf, the Minister of Municipal and Provincial Affairs has made the following regulations which were approved by His Honor the Lieutenant – Governor Council.

Dated at St. John’s this           day of                 ,1993.

ARTHUR D. REID, M.H.A.

H.H. STANLEY, Clerk of the Executive Council

MOBILE HOME REGULATIONS 

1.      These Regulations may be coted as the Mobile Home Development Regulations.

2.      In these Regulations:

a.      “Authority” means the Authorized Administrator of the Municipal Plan;

b.      “Mobile Home Stand” means an area within a mobile home lot which has been prepared for the placement of a mobile home unit.

3.      These Regulations shall apply in municipalities where plans are in effect pursuant to the Urban and rural Planning Act.

4.       

a.      A mobile home lot must be provided with a mobile home stand capable of supporting the maximum anticipated load of the mobile home throughout all seasons of the year without settlement or other movement.

b.      A mobile home stand must be designed to fit the dimensions of the particular mobile home positioned on the mobile home stand and must be paved or provided with some other hard surface.

c.      The Authority shall require and approve that a mobile home on a mobile home stand be supported and secured by foundation walls, piers, posts or other means, carried to a depth sufficient to prevent movement by frost and sufficient to support the anticipated load at such points on its chassis frame.

d.      Anchors in the form of eyelets embedded in concrete, screw augers or arrow head anchors or alternate devices acceptable to the Authority must be provided at all corners of the mobile home stand and at additional points where necessary to secure the mobile home against the forces exerted by wind.

e.      Anchors or devices must be connected to each anchor point of the mobile home chassis frame by a cable or other device approved by the Authority.

f.       Anchors and connections must be capable of withstanding a tension of at least 2,180 kilograms.

g.      A mobile home must be provided with skirting acceptable to the Authority extending from the bottom, of each mobile home to the ground, having a readily accessible, removable panel not less then one meter by 0.66 to give access to service connect ions.

5.       

a.      A mobile home lot shall have sufficient space for an o9utdoor living area. This area shall be located at the rear or side of the mobile home.

b.      A mobile home will be placed on the lot so that it can be placed and removed without interfering with other lots.

6.      The following mobile home subdivision design shall apply in addition to other subdivision design standards which may be in effect in the municipal planning area.

                                                    i.     The maximum density of each mobile home subdivision shall be 20 mobile home per hectare.

                                                   ii.     A mobile home subdivision may be developed to contain a maximum of fifty mobile home lots.

7.      The Mobile Home Development Regulations, 1976, are hereby rescinded.

PUBLISHED BY AUTHORITY

Pursuant to the power conferred by Section 248 of The Municipalities Act, the Town Council of Bonavista has made the following regulations.

1.      In these regulations unless the context otherwise requires:

a.      “Council” means the Town Council of Bonavista

b.      “Town” means the Town of Bonavista as defined by Order-in-Council dated the 24^th day of November, 1964 or any amendments thereto made or continued under The Municipalities Act;

c.      “Vehicle” means a device in, upon, or by which person or property may be transported or drawn upon a highway and included a motorized snow vehicle or all terrain vehicle.

2.      No person shall do or cause to be done anything which cases a nuisance, and, in particular, to emit excessive noises from properties, vehicle or equipment, or odours or fumes likely to cause discomfort to members of the public.

3.      In accordance with Section 443 of The Municipalities Act, every person who contravenes or fails to comply with any of the provisions of these regulations is guilty of an offence and is liable on summary conviction to fine not exceeding one thousand dollars ($1,000.00) or in default of payment to a period of imprisonment not exceeding ninety (90) days or to both such fine and period of imprisonment.

4.      These regulations were adopted and passed by Council on the 5^th day of January 1981 and will come into effect on the 15^th day of January 1981 and may be cited as the Town of Bonavista (Nuisance) Regulations, 1981.

Frank Little, Mayor 

David Hiscock, Clerk

OCCUPANCY AND MAINTENANCE REGULATIONS, 1984
UNDER THE URBAN AND RURAL PLANNING ACT

Under and by virtue of the powers conferred by Section 71 of the Urban and Rural Planning Act, Chapter 387 of the Revised Statues of Newfoundland, 1970, and of all other power enabling her in that behalf, the Honorable the Minister if Municipal Affairs has made the following Regulations which were approved by His Honor the Lieutenant-Governor in Council on the 29^th day of June, 1984.

Dated at St. John’s this 4^th day July A.D., 1984

Robert J. Jerkins

Deputy Clerk of the Executive Council

PART 1 – GENERAL

1.1             TITLE:
These Regulations may be cited as the Town of Bonavista Occupancy and Maintenance Regulations, 1984.

1.2             APPLICATION:
These Regulations shall apply throughout the Municipal Planning Area of the Town of Bonavista as defined by the Minister in accordance with Section 12 of the Urban and Rural Planning Act.

1.3             INTERPRETAION:
In these Regulations, expressions used shall have the same respective meanings as in the Town of Bonavista Land Use and Zoning Regulations approved from time to time by the Minister in accordance with Section 37 of the Urban Planning Act.

1.4        ADMINISTRATIVE:
These Regulations shall be administrative by the Council of Town of Bonavista (hereinafter called the Council)

1.5             APPEAL:
Any individual, partnership, association or corporation aggrieved by a decision of the Council made pursuant to these Regulations may appeal to the appropriate appeal board. Council will provide the aggrieved with a written statement of the exact procedure to be followed.

1.6             OCCUPANCY:
No person shall occupancy for human habitation or otherwise or being the owner thereof, shall permit to be occupied for human habitation or otherwise, any dwelling or structure which does not conform to the standards set out in these Regulations, all new dwellings and structures, all existing vacant dwellings and structure and any dwelling or structure which becomes unoccupied for any length of time for any reason will require an occupancy permit issued by Council before  the proposed occupancy occurs. Departures from existing properties for annual vacation, temporary duty elsewhere, business trips or the like will not be considered as vacancies under these Regulations.

1.7             MAINTENANCE:
All properties in the planning area including land, buildings, structures, dwelling, fences, sheds, garages, parking lots driveways, landscaping and all appurtenances thereto shall be maintained in a state of good condition and repair in accordance with the standards set out in these Regulations and as otherwise ordered by Council from time to time. This requirement applies to properties and structures on all area including all designated zonings.

PART II – STANDARDS

2.1         STRUCTUAL SOUNDNESS:
Structural components of all buildings and dwellings shall be free from deterioration, loose jointing, sagging, building and excessive deflection of any kind shall be capable of capable of sustaining safely the weight of the structure or dwelling and any load to which it may be normally subjected.

2.2         PROPERTY DRAINAGE:
All land occupied for any purpose shall be provided with adequate surface water drainage over the whole area of the property to prevent ponding and to prevent run-off to adjacent properties, with suitable arrangements for the disposal of surface water without eroding or flooding.

2.3         FIRE PREVENTION:
All buildings and dwellings must meet the requirements of such local, provincial and national fire regulations as may be applicable. No building or dwelling will be a potential fire hazard due to its location, construction, contents or any other reason and all such structures or dwellings shall be made to conform to the appreciate code and standards as adopted by council before occupied is permitted. Any occupied structure that is considered a fire hazard may be ordered vacate by council until the deficiencies have been corrected by the owner.

2.4         PEST CONTROL:
Every structure and dwelling shall be kept free of rodents, vermin and insects at all times and appropriate extermination measures shall be taken at the owner’s expense when ordered by Council.

2.5         BASEMENTS:
The basement or cellar of every building or dwelling shall be dry and ventilated. Crawl spaces will be clean and dry and where wood skirting is used, it will be free from deteriorated and neatly fitted to effectively seal out weather penetration.

2.6         DAMPNESS:
The floors, ceiling and walls of every building unit shall be kept free from dampness. Attic space moisture condensation and interior sweat and mildew will not be permitted.

2.7         BASEMENT HABITABLE ROOMS:
A room in the basement of any building or dwelling shall not be used a habitable room unless:

a.      The finished floor of such a room is not more than an average depth or 1143 mm below the finished grade of the property;

b.      Such room is ventilated;

c.      All walls below grade are effectively damp-proof resulting in a dry interior condition;

d.      The interior of the basement wall is properly insulted and finished.

2.8         EXTERIOR WALLS:
Exterior walls and their components shall be adequate to support loads upon them shall be maintained to recent their deterioration from any cause. All exterior walls shall have an excessively worn surface and must effectively provide weather protection to the surfaces underneath. Exterior cladding or covering must be reasonably durable and be maintained in an acceptable appearance by periodic painting, cleaning spot repairs, etc.

2.9         EXISTS:
A single exist is permitted from the ground floor of a dwelling unit providing such exit is to the exterior at or near ground level and provides a safe, continuous and unobstructed means of egress. In all other situations, at least two exists are required. Buildings other than dwelling units will have exit provisions as required by the Building Code.

2.10       EXTERIOR DOORS:
Existing doors and frames shall be in sound condition, well fitted and operated satisfactorily; At least one entrance door in every unit shall be capable of being locked from both inside and outside. All exterior doors shall be weather- stripped or have an appreciate combination of storm and screen door suitable for all year use.

2.11       PORCHES AND STAIRS:
All porches, balconies, landings, stairs and ancillary balustrades or handrails shall be well constructed and free form defects which constitute a safety hazard.

2.12       ROOFS:
All roof construction components shall provide adequate support for all probable loads and form a suitable base for the roof covering. A roof including the fascia board, soffit, cornice and flashing shall be maintained in a watertight condition so as to prevent leakage of water into the dwelling.

2.13       FIREPLACES, FUEL BURNING EQUIPMENT, CHIMNEYS, ETC.:
All fireplaces, fuel burning equipment, chimneys, etc. shall be maintained in safe, efficient condition.

2.14       FLOORS:
All floors shall be constructed so as to adequately accept the applied loads without undue deflections and damage. Existing structures and dwellings with defects in the flooring systems will require correction before new occupancy will be approved. Floor finishes will be smooth and clean and floor coverings in bathrooms, kitchens and dining rooms shall be in good repair and of such a nature to permit frequent cleaning.  Excessively worn, deteriorated, crack ot torn finishes will not be permitted in any location.

2.15       INTERIOR WALLS AND CEILINGS:
Every wall and ceiling finish shall be maintained in a clean condition, free from holes, loose or deteriorated coverings or other defects which may increase the spread of fire, such interior finish shall be washed, cleaned and/or painted to provide a sanitary finish when required by Council. Where fire resistant walls exist between separate dwelling units, they shall be maintained in a condition which retains their fire resistant quality.

2.16       HEATING AND WEATHERPROOFING:
All building and dwelling units shall be weatherproof and insulated so as to be capable of being adequately heated with a reasonable consumption of fuel. Heating equipment in every building and dwelling shall be in good working order and in good repair, free from fuel leaks and other defects and in the opinion of Council, non-hazardous to other occupants. Fuel storage equipment, supports, piping, etc. shall meet the requirements of the applicable regulations.

2.17       PLUMBING:
All plumbing, drain, pipes, water pipes, water closets, sinks and other plumbing fixtures in every building and dwelling unit shall be maintained in good order and repair and in accordance with the requirements of the Council. Where necessary, due to the nature of the construction of the unit, all water pipes subject to the possibility of freezing shall be insulated, heated or otherwise protected. All plumbing fixtures will have suitable traps installed and all plumbing systems will be properly vented to the outdoors.

2.18       ELECTRICAL:
The electrical service, distribution equipment, wiring, equipment and appliances used in a building or dwelling unit shall be installed and maintained in accordance with the requirements of the Newfoundland and Labrador Hydro Commission. Exposed, loose wiring, brokenor damaged switches or outlet covers, damaged fixtures, etc shall not be permitted.

2.19       KITCHEN AND WASHROOM FACILITIES:
Every dwelling unit shall be provided with at least one kitchen sink, washbasin, water closet and bathtub or shower, connected to a piped water supply and an acceptable means of sewage disposal.

Every dwelling unit shall have provisions for a constant supply of both hot and cold water. Hot water tanks must be insulated and equipped with automatic temperature control. All fixtures will operate properly, free from leaks. Chipped, cracked and excessively worn porcelain, china or other finishes or fixtures will not be permitted.

2.20       KITCHEN FACILITIES:
Every dwelling unit shall contain a kitchen area equipped with a sink, serves with hot and cold running water, storage facilities and a counter top work area. Space shall be provided for a stove and refrigerator. Counter top surfaces shall be in good condition, free from excessive wear, cracks and other defects. Each kitchen or working area shall be provided with at least one operable window or skylight opening to the external air and having an area of not less than   0.28 m² or with mechanical system of ventilation satisfactory to the Council.

2.21       WASHROOMS:
All washrooms, including toilet and bathrooms shall be located within and accessible from within the building and shall be fully enclosed and have a lockable door to provide privacy. Where practicable, a wash basin shall be located in the same room as the water closet. Every washroom, toilet and bathroom shall be provided with at least one operable window of skylight opening to the external air and having an area of not less than 10% of the floor area of the room or with a mechanical system of ventilation, satisfactory to Council.

2.22       LIGHTING AND VENTILATION OF HABITABLE ROOMS:
Every habitable room in a dwelling shall contain a window, operable and opening directly to the outside air and the total area of windows in every habitable room shall not be less than 10% of the floor area of such room. All window sashes shall be glazed and provided with suitable hardware.

2.23       SLEEPING ROOMS:
No rooms shall be used for sleeping purposes unless there is at least twelve (12) cubic meters of air space and five (5) square metres of floor space for each adult and at least six (6) cubic meters of air apace and three (3) square feet of floor space for each child under the age of twelve years occupying such room and no room shall be used for sleeping purposes having floor area less than six (6) square meters. Existing rooms that are within 10% of these standards may normally be considered suitable for the intended purpose.

2.24       COOKING OF FOOD PROHIBITED IN SLEEPING ROOMS:
Where more than two persons occupy and dwelling unit, food shall not be prepared in any room used for sleeping purposed.

2.25       OVERCROWDING:
The occupancy of any dwelling unit having one habitable room shall not exceed two persons. The occupancy of any dwelling unit having more than one habitable room shall not exceed an average of three persons for every two habitable rooms. For the purpose of the Regulation, two children under twelve years of age shall be counted as one person and kitchens, dining rooms, porches, corridors, and storage rooms shall not be considered as habitable as overcrowded and occupancy will not be permitted.

2.26       STORAGE SPACE:
Every dwelling unit shall have general storage and closet space required by applicable housing regulations or as determined by Council.

2.27       ENCLOSED SPACE ACCESS:
An access opening of at least six hundred (600) mm by seven hundred and fifty (750) mm shall be provided when required to attics, crawl spaces and other enclosed spaces where mechanical equipment is enclosed, the access opening shall be sufficiently large to permit the removal and replacement of the equipment. Enclosed attic, roof and crawl spaces shall be vented to the exterior.

2.28       ENTRANCE WALKS, DRIVEWAYS, STEPS, ETC.:
There shall be a surface walk leading from every building or dwelling unit to a street or to a surfaced driveway that connects to the street. Steps, walks, driveway, parking spaces and similar areas of a yard shall be maintained to afford safe passage, under normal use and weather conditions.

2.29       With the exception of hedges, walls or ornamental fences not exceeding seven hundred and fifty (750) mm in height, no fence shall extend in front of the building line. Fences, barriers and retaining walls shall be kept in good repair and free from accident hazards.

2.30       STORAGE ON SITE:
The storage of any materials or equipment on the site of a building or dwelling unit shall be to the rear of the lot. All items will be neatly arranged and will not be permitted to cause inconvenience or imposition to adjoining properties. Storage space on corner lots will be screened properties. Storage space on corner lots will be screened.

2.31       DEBRIS PROHIBTED:
Land shall be free from debris. Including any vehicle, trailer or object, that is in a wreaked, discarded, or abandoned condition.

2.32       LANDSCAPING:
Land shall be protected by suitable ground cover which prevents erosion of the soil.

               The plants and vegetables shall be kept trimmed so as not to become unsightly to neighbouring property.

PART III – ENFORCEMENT

3.1         COUNCIL AUTHORITY:
The Council may direct the owner of a swelling unit or building which does not conform ot the standard.

               a. To undertake such work as to make the dwelling unit or building conform to the standard;

               b. To demolish all or any part of any building or dwelling, or structure or erection forming part of the building or dwelling;

               c. TO clean-up and paint-up as required to provide a satisfactory condition of appearance and cleaniness; within such time as the Council may specify and every such owner shall carry out directions of the Council.

3.2         FAILIURE TO COMPLY:
In the event that an owner does not comply with the direction of the Council, the Council may order the necessary work to be done to make the  dwelling or building conform to the standards and recover cost from the owner or the Council may order the demolition, but if the owner does not comply with the order, Council may carry out the demolition and recover the cost of so doing as a civil debt from the owner.

3.3         CONFLICTION LEGISLATION:
Where a provision of this Regulation conflicts with a provisions of another law or regulation in force in the tone, the provisions that established the higher standard to protect the provisions that established the higher standard to protect the health, safety and welfare of the general; public shall prevail.

3.4         CONTRAVENTION AND CONVICTION:
Every person contravenes any of the provisions of this Regulation shall, upon conviction thereof, be liable to the penalties imposed by Section 134 of the Urban and Rural Planning Act.

               These Regulations shall come into effect the 13^th day of July A.D., 1984.

PROTECTION OF WATER SUPPLY REGULATIONS

PUBLISHED BY AUTHORITY

Pursuant to the power conferred by Section 161 of The Municipalities Act, the  Town Council of Bonavista has made the following regulations:-

Frank Little, Mayor

WATER SUPPLY REGULATIONS

1. Interpretations: In these regulations, unless the context otherwise requires:
   
   1. “Act” means The Municipalities Act;
   2. “Animal” means any domestic animal;
   3. “Council” means the Town Council of the Town of Bonavista;
   4. “Reservoir” means the public water supply reservoir of the Town of Bonavista;
   5. “Town” means the Town of Bona vista as defined by Order-in-Council dated the 24^th day of November 1964 or any amendments thereto, made or continued under the Act.
2. No person shall be permitted to erect any building within the immediate area of the reservoir.
3. No person shall be permitted to use the waters of the reservoir, for recreational purposes such as swimming, boating or paddling.
4. No persons shall fish in the waters of the reservoir.
5. No person shall dip, soak or wash any article of clothing or any utensil or any vehicle in the waters of the reservoir.
6. No person shall throw or cause to be thrown waste material of any kind in to the waters of the reservoir.
7. No person shall permit any animal of which he is the owner to enter the waters of the reservoir.
8. The owner of any dead animal found within 152 m of the waters of the reservoir shall remove and properly dispose of such animal within 48 hours after he been notified by the Council or otherwise made aware of the death of the animal in such location.
9. Pursuant to Section 443 of the Act, every person who contravenes or fails to comply with any of the provisions of these regulations is guilty of an offence and liable on summary conviction to a fine and period of imprisonment.
10. These regulations were adopted and passed at a meeting on the 2^nd day of November 1981 and will come into effect on the 7^th day of November 1981 and may be cited as the Town of Bonavista (Protection of Water Supply) Regulations, 1981.

David Hiscock, Clerk

PUBLISHED BY AUTHORITY

The following regulations have been made by the Town Council of the Town of Bonavista under the provisions of the Municipalities Act Chapter M-24 1999 at a meeting of Council held on January 8, 2001.

BETTY FITZGERALD,  MAYOR

ANIMAL REGULATIONS

1. In these regulations unless the context otherwise requires:-

(a) “Act” means the Municipalities Act 1999.

(b) “Council” means the Town Council of the Town of Bonavista.

(c) “Town” means the Town of Bonavista as defined by paragraph 2 of Order-in Council dated 24^th. day of November A.D. 1964 and made under the provisions of the said Act.

(d) “Impounder” means any person appointed as such by the Council.

(e) “Town Clerk” means the Town Clerk of the Town of Bonavista.

(f) “Animal” means sheep and goats, cows and horses, but shall not be held to mean dogs and cats.

2. No person shall permit any animal of which he is the owner to roam at large in any street within the Town or in any open field or common from which free access can be had to such street.
3. It shall be the duty of the Impounder to seize and impound any animal found at large contrary to Regulation 1 of these regulations and to enter any premises for the purpose of recapturing any such animal which may escape from his control.
4. When an animal has been impounded, the Impounder shall make a record of such impounding in a book kept for that purpose, and may then, but shall not be bound to, advertise that such animal has been impounded.
5. The owner may recover an impounded animal on such proof of his ownership of the animal as the Council may require and upon payment of all fees and expenses in connection with the impounding and keep of the animal.
6. The following fees shall be paid by the owner of any animal seized or impounded, or deducted from the proceeds of any sales of such animals viz:

For seizure or impounding an animal…………………………..$50.00

For each day the animal is held in pound……………………..$25.00

All expenses for necessary food and veterinary

treatment, if any, for an animal impounded…………………$25.00

7. The Impounder shall keep any unclaimed animal in the pound for reasonable period (ten days) having regard to all the circumstances, and after the expiration of such period shall offer such animal for public or private sale and if the animal be sold, shall deduct from the price fees and expenses payable under Regulation 6 of these regulations and pay over the balance, if any, to the Town Clerk for the use of the owner.
8. At any time within twelve months after an unclaimed animal has been sold, the owner, upon giving such proof of ownership as the Council may require, shall be paid any balance deposited with the Town Clerk in respect of such animal. If any balance has not been claimed by the owner within the prescribed period, it shall be paid into the general revenue of the Town.
9. Should there be no purchase of any animal offered for sale under Regulation 7 of these regulations, the Impounder may forthwith destroy the animal.
10. The Impounder may destroy any animal found at large within the Town if in his opinion such animal is so diseased or infuriated or vicious or in such condition that it ought to be destroyed or is of a value less than the probable fees and expenses of its impounding, keeping and sale, and may so dispose of the carcass or hide as he deems fit. Any person who violates any of the provisions of these regulations shall be guilty of an offence and shall be liable on summary conviction to a penalty as per Section 420 (1) (a & b) of the Municipalities Act 1999:-

(a) for a first offence to a fine of not less than $100.00 and not more than $500.00 or to a term of imprisonment of not more than one month or to both the fine and the imprisonment;

(b) for a subsequent offence to a fine of not less than $500.00 and not more than $1,000.00 or to a term of imprisonment of not more than three months or to both the fine and imprisonment.

11. These Regulations shall come into effect on the 9^th. day of January A.D. 2001 and may be cited as the Town of Bonavista (Impounding of Animals) Regulations 2001.
12. The Town of Bonavista (Impounding of Animals) Regulations 1976 are hereby repealed. 

PUBLISHED BY AUTHORITY

Pursuant to the power conferred by Section 414 (2) (g) of the Municipalities Act M-24 1999, the Town Council of Bonavista have made the following regulations at a meeting of Council held on January 16, 2006.

BETTY FITZGERALD,  MAYOR

DOG REGULATIONS

1.               Interpretations: In these regulations unless the context otherwise requires:

(a) “Act” means the Municipalities Act.

(b) “Council” means the Town Council of the Town of Bonavista.

(c) “Town” means the Town of Bonavista as defined by Order-in-Council dated the 24^th. day of November A.D. 1964 or any amendments thereto made or continued under the Municipalities Act.

(d) “Impounder” means any person appointed as such by the Council.

(e) “Town Clerk” means the Town Clerk of the Town of Bonavista. 

2.               From and after the date of the passing of these regulations, no person shall keep any dog other than a puppy not more than four months old within the limits of the Town, unless such dog has been registered and licensed.

3.               The Council may appoint licensing officers who shall keep registers of all dogs licensed by them.

4.               Fees to be paid on issue and renewal of licenses shall be as follows:

Male Dogs………………………………………………………………………………….$15.00

Spayed Female Dogs…………………………………………………………………..$15.00

Female Dogs……………………………………………………………………………….$60.00

Kennel………………………………………………………………………………………..$50.00

5.               License tags will be issued by licensing officers and supplied by the Council.

6.               The owner of every licensed dog shall immediately on receiving the license attached to a strong and durable collar, which collar shall be kept upon the dog’s neck at all times when it is outside the enclosed premises of the owner, a license tag to be furnished by the officer issuing the license.

7.               Every license issued in accordance with the foregoing shall become due and payable on January 1^st. In each year, and shall be valid until the 31^st. day of December next following the date of issue.

8.               It shall be an offence for the owner of an animal to permit such animal to discharge excreta or to defecate upon any property, other than the property of the owner of the said animal, if such owner does not immediately thereafter remove and clean up such excreta or defecation from the property.

9.               Every owner of an animal shall remove from his or her property, in a timely manner, feces left by such animal, so as not to disturb the enjoyment, comfort or convenience of any person in the vicinity of the property.

10.            The Impounder may seize and impound any dog found at large and enter any premises for the purpose of recapturing any dog that may escape from his control.

11.            Any dog found damaging or destroying private property may be seized by the injuriously affected person or persons and held for collection by the Impounder.

12.            When a dog has been impounded, the Impounder shall make a record of such impounding in a book kept for that purpose, and may then, but shall not be bound to advertise that such dog has been impounded.

13.            The owner may recover an impounded dog on such proof of his ownership of the dog as the Council may require, and upon payment of all fees in connection with the impounding and keep of the dog and upon payment of licensing costs where the dog has not been licensed.

14.            The following seizing and impounding fees shall be paid by the owners of dogs seized or impounded or deducted from the proceeds of any sales of such dogs:

Seizing and impounding 1^st. Offence………………………………………………$35.00

Seizing and impounding 2^nd. Offence………………………………………………$70.00

Seizing and impounding 3^rd. Offence……………………………………………..$125.00

Daily Fee for each day dog is held in pound………………………………………$8.00

15.            The Impounder shall keep any unclaimed dog which is licensed in the Pound for a period of 72 hours and after the expiration of such period the dog may be sold or destroyed.

16.            In any proceedings under these Regulations, the proof that a dog was under the age of four months shall be upon the owner of the dog or the persons having possession thereof.

17.            Any person who has custody, charge or possession of any dog or who is the owner of any house or premises where a dog is kept or permitted to live or remain shall be deemed to be the owner of the dog for the purposes of these Regulations unless he proves that he was not the owner of the dog.

18.            Prosecution under these Regulations may be taken summarily by any member of the Council or by any Police Constable or by any person authorized by the Council.

19.            Where any person is authorized to destroy a dog under these Regulations he shall do so in a manner as humanely as possible.

20.            The carcass of any dog destroyed shall be disposed or by burying or burning, it shall not be placed in the sea or in any pond, lake, or river or stream or any water which flows into the sea.

21.            Every person who is guilty of any offence under these Regulations or who acts in contravention or fails to comply with any provisions thereof, or neglects or refuses to do so, shall be liable on summary conviction to a penalty as per Section 420 (1) (a & b) of the Municipalities Act 1999:

(a) for a first offence to a fine of not less than $100.00 and not more than $500.00 or to a term of imprisonment of not more than one month or to both the fine and the imprisonment;

(b) for a subsequent offence to a fine of not less than $500.00 and not more than $1,000.00 or to a term of imprisonment of not more than three months or to both the fine and imprisonment.

22.            All previous municipal dog control regulations or amendments thereto are hereby rescinded.

23.            These Regulations shall come into effect on the 17^th. day of January A.D. 2006 and shall be cited as the Town of Bonavista (Dog) Regulations 2006.

PUBLISHED BY AUTHORITY

Pursuant to authority conferred by Section 246 of the Municipalities Act, chapter M-23, the Town of Bonavista has made the following regulations.

                                                                                                                        Donald Tremblett, Mayor

BICYCLE HELMET REGULATIONS

1.      These regulations may be cited as Town Bonavista (Bicycle Helmet) Regulations.

2.      Interpretation: In these regulations, unless the context otherwise requires:

a.      “Act” means the Municipalities Act.

b.      “Council” means the Town Council of Bonavista.

c.      “Bicycle” means every device having two (2) tandem wheels propelled by human power.

d.      “Bicycle Helmet” means a helmet that is designed for bicycle use and is approved by the Canadian Standards Association.

e.      “Street” means any street, road, highway, alley, boulevard, bridge, court, footway, lane, park, public drive, sidewalk, square, or any other way designed or intended for public use for the passage of vehicle and/or pedestrians and any part of any of them open to public use.

3.      No person shall ride on or operate a bicycle on a street unless that person is wearing a bicycle helmet that complies with these regulations and the chin strap of the helmet is securely fastened under the chin.

4.      No parent or guardian of a person under the age of twelve shall authorize of knowingly permit that person to ride on or operate a bicycle on a street unless that person is wearing a bicycle helmet as required by these regulations.

5.      Pursuant to Section 448 of Act, every person who contravenes or fails to comply with nay of the provisions of these regulations is guilty of an offence and liable on summary conviction to a fine not to exceed twenty dollars ($20.00)

6.      These regulations were adopted by resolution at a meeting of Council held on the 12^th day of May 1997 and will come into effect on the 15^th day of June 1997.

AIR GUN REGULATIONS

PURSUANT to the powers vested in it under and by virtue of Section 248 of The Municipalities Act 1979 C. 33 and all amendments thereto and all other powers it enabling, the Town Council of the Town of Bonavista in regular session convened on the 7^th day of MAY A.D., 1987, hereby passes and enacts the following Regulations pursuant to the use of air guns in the Town of Bonavista.

1.      These regulations may be cited as the Town of Bonavista Air Gun Regulations.

2.      For the purpose of these Regulations:

a.      Council means the Town Council of the town of Bonavista;

b.      Air gun included those guns commonly referred to as B.B. and Pellet guns operated by pump or spring mechanisms or pressurized cartridge regardless of the muzzle velocity.

3.      Except as hereinafter provided, it shall be unlawful for any person to discharge an air gun in any public place, street or park in the Town of Bonavista or in or on any private property where there is a likelihood that the shot, bullet, pellet, B.B. or other missile will travel beyond the boundaries of that private property.

4.      No person under the age of sixteen years may carry or discharge an air gun in the Town of Bonavista unless such person is accompanied by and under the direct and constant supervision of a person who has attained the age of majority.

5.      A peace officer may seize any air gun and/or projectiles capable of being used in such air gun where there are reasonable and probably grounds to believe that an offence has been committed pursuant to Sections 3 and 4 of these Regulations.

6.      Any air gun seized pursuant to Section 5 of these Regulations shall be returned to the person from whom such air gun was seized if a charge is not laid pursuant to these Regulations within a period of thirty days from the date of the seizure.

7.      Every person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.00 or in default of payment to a period of imprisonment not exceeding ninety days or to both such fine and period of imprisonment. In addition to any other penalty herein prescribed, a Provincial Court Judge shall have the authority to order and air gun and / or projectile seized in accordance with this Regulation to be forfeited.

8.      These Regulations shall come into effect on the 15^th day of June, A.D., 1987.

DATED at Bonavista, Newfoundland, this 11^th day of MAY, A.D., 1987.