The Council of the Town of Cupar of in the Province of Saskatchewan, enacts as follows:

1. This bylaw may be referred to as the "General Penalty Bylaw."

2. "Municipality" means the Town of Cupar.

3. Every person who contravenes any provision of any bylaw of the municipality is

guilty of an offence and liable on summary conviction:

(i) in the case of an individual, to a fine not exceeding $10,000 and, in the

case of a continuing offence, to a further fine not exceeding $2,500 for

each day during which the offence continues with a minimum penalty of

$500.00; and

(ii) in the case of a corporation, to a fine not exceeding $25,000 and, in the

case of a continuing offence, to a further fine not exceeding $2,500 for

each day during which the offence continues with a minimum penalty to

$500.00.

Designated Officer

4. (i) Where the Designated Officer believes that a person has contravened any

provision of a Bylaw, he may serve upon such person a Bylaw Violation

Notice, as per Schedule #1, either personally or by mailing or leaving same at

his last known address and such service shall be adequate for the purpose of

this Bylaw.

(ii) Such notice shall be deemed to have been served:

a) on the expiration of twenty-four hours after it is posted, if the notice is

mailed;

b) on the day of actual delivery, if the notice is served personally; or

c) on the business day following the transmission, if given by facsimile.

(iii) A Bylaw Violation Notice shall be in such form as determined in Schedule #1

and shall state the section of the Bylaw, which was contravened, and the

amount, which is provided in Schedule #1 that will be accepted by the

Municipality in lieu of prosecution.

(iv) Upon production of a Bylaw Violation Notice issued pursuant to this section

within ten (10) days from the issue thereof, together with the payment of the

fee as provided in Schedule #1 to the Administrator of the Municipality, the

person to whom the ticket was issued shall not be liable for prosecution for

the contravention in respect of which the ticket was issued.

(v) Where any person contravenes the same provision of this Bylaw two or more

times within one twelve (12) month period, the specified payment payable in

respect of the second or subsequent contravention is double the amount shown

in Schedule #1 of this Bylaw in respect of that provision.

(vi)Notwithstanding the provisions of this section, a person to whom a Bylaw

Violation Notice has been issued pursuant to this section may exercise his

right to defend any charge of committing a contravention of any of the

provisions of this Bylaw.

(vii) Every inspection shall be carried out in accordance with the provisions of

The Municipalities Act – section 362.

Voluntary Payments

5. (i)The due date for voluntary payment of bylaw violations shall be the date as

indicated on the Bylaw Violation Notice.

(ii)Account balances outstanding after the due date will be considered overdue
and will be subject to a penalty of 1.5% per month, until the account,

including all penalties, is paid in full.

(iii)Clause 8(2)(h) of the Municipalities Act empowers a municipality to

provide "that a person who contravenes a bylaw may pay an amount

established by bylaw and that, if the amount is paid, the person will not be

prosecuted for the contravention."

(iv)Council determined that the deadline by which a person must provide a

voluntary payment to avoid prosecution for an alleged violation of bylaw is

10 days.

(v) A person may make a voluntary payment to avoid prosecution; or he or she

may wish to attend a Council meeting to defend him or herself against the

allegation rather than going to court. Council's options here should be

either to refund or retain the payment based on its perception that the

violation occurred as alleged

(vi) The Voluntary Payment Schedule created by Council or Administration for

different amounts depending upon the alleged infraction. If a single amount

will apply to any or all infractions of the bylaw, this amount may be

incorporated within the body of the bylaw rather than establishing a

schedule.

Obstruction, Tampering Prohibited

6. (a) No person shall obstruct a bylaw inspector who is authorized to conduct an

inspection pursuant to section 362 or a person who is assisting a bylaw

inspector.

(b) Every person who contravenes subsection (1) is guilty of an offence and

liable on summary conviction to the penalties prescribed in this Bylaw.

7. The General Penalty Bylaw, 9-09 is repealed.

Coming Into Force

8. This Bylaw shall come into force on the day of its final passing.

____________________________________ ________________________________

Mayor Administrator

Certified a true copy of

Bylaw 16-2010 adopted by

Resolution of Council {Seal}

______day of _____________

_______________________

Administrator

SCHEDULE 1

of Bylaw No. 16-2010

“NOTICE OF VIOLATION” [section 5(d)(ii)]