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RSNL1990 CHAPTER C-17 Amended: 1991 c35 s5; 1992 c48 s6; 1993 c34; 1995 c4 s1; 1995 cL-16.1 s30(3); 1995 cP-31.1 s53; 1996 cR-10.1 s11; 1996 c18; 1996 c32; 1997 c4; 1997 c13 s6; 1999 c38; 2000 c6; 2001 cM-20.2; 2001 c42 s8; CHAPTER C-17 AN ACT RELATING TO THE MUNICIPAL
Short title
1.
This Act may be cited as the City of St. John's Act.
Definitions
2.
In this Act,
(a)
"area" means the area within the boundaries of the City of
(b)
"building" includes every structure, erection, excavation, alteration, or improvement in or upon lands comprised in the area;
(c)
"building inspector" means a building inspector appointed under this Act;
(d)
"building site" means lands upon which a building has been located, or upon which it is possible to locate a building;
(e)
"city" means the City of
(f)
"council" means the
(g)
"development of land" or "subdivision of land" or "development or subdivision of land" includes
(i)
a division of land into 2 or more lots or parts,
(ii)
work on land with a view to its division into 2 or more lots or parts,
(iii)
the combining of 2 or more lots or parts of land into 1,
(iv)
an alteration to a subdivision, and
(v)
an application relating to land capable of being developed with more than 1 building or dwelling or having built on it more than 1 building or dwelling, and "develop" or "subdivide" has a corresponding meaning in relation to land; "
(h)
"drain" means a drain used for the drainage of 1 building or premises only for the purpose of communicating from it with a sewer, septic-tank, cesspool or other similar receptacle, into which the drainage of 2 or more houses or premises occupied by different persons is conveyed;
(i)
"dwelling" is a house or building, or portion of a house or building, which is occupied in whole or in part, as the home, residence, or sleeping place of 1 or more persons;
(i.1)
"election" means a general election, by-election or special election held under the Municipal Elections Act;
(j)
"ground landlord" means the owner of the freehold of land, whether built upon or not, or who receives rent for land exclusive of the buildings which may be erected upon it;
(j.1)
"fire department" means the St. John's Regional Fire Department referred to in section 353.1;
(k)
"house" includes schools, factories, and other buildings in which more than 1 person is employed at a time;
(l)
"lands and premises" includes messuages, buildings, lands and easements of any tenure;
(m)
"local improvements" means an expenditure of public funds upon a street or locality by which that street or locality is benefitted;
(n)
"nuisances" includes
(i)
a premises in a state that is injurious to health;
(ii)
a pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit so foul or in such a state as to be injurious to health;
(iii)
an accumulation or deposit which is injurious to health;
(iv)
an animal so kept as to be injurious to health or a source of annoyance to neighbours;
(v)
a house or part of a house so overcrowded as to be dangerous or injurious to the health of the residents;
(vi)
a factory, workshop, or work-place, not kept in a clean state or not ventilated in such a manner as to make harmless where practicable gases, vapours, dust, or other impurities generated in the course of the work carried on in the factory, workshop or work place, that are injurious to health, or so overcrowded while work is carried on as to be injurious or dangerous to the health of those employed in the factory, workshop or work place;
(vii)
a chimney sending out smoke or vapours in a quantity as to be objectionable to neighbours;
(viii)
buildings in a dangerous condition;
(o)
"occupier" or "occupant" includes a person in actual occupation of land or premises without regard to the title under which he or she is in occupation and in the case of premises subdivided and let to lodgers or various tenants the persons receiving the rent payable by the lodgers or tenants whether on his or her own account or on behalf of others;
(p)
"owner" where used in relation to property within the city
(i)
includes an agent receiving or entitled to receive the rentals of or having the care or management of the property belonging to an owner absent from the province but, that agent shall not incur personal liability for a breach by his or her principal of this Act in relation to the property unless after being required by the council in writing to make good a breach the agent parts with money of his or her principal without retaining an amount sufficient to enable him or her to make good the breach, including penalties for the breach;
(ii)
means, in the case of property held under a building lease, the lessee or his or her assignee, including in the term "assignee" a sub-tenant for the whole or substantially the whole term of the lease, not being a mortgagee,
(iii)
does not include a mortgagee merely because his or her mortgage vests the legal estate in him or her, but does include a mortgagee in possession;
(q)
"rack-rent" means rent which is not less than 2/3 of the full annual net value of the property out of which the rent arises and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to be let from year to year;
(r)
"sewer" includes sewers and drains except those that come within the definition of the word "drain" in paragraph (i);
(s)
"street" means a highway, bridge, road, lane, footway, square, court, alley or passage, cove or firebreak, whether used as a thoroughfare or not. RSN1970 c40 s2; 1974 No14 s2; 1975 No66 s2; 1977 c94 s21; 1991 c35 s5; 2001 cM-20.2 s103 City boundary
3.
(1) For the purpose of this Act the City of
(2)
The Lieutenant-Governor in Council may by order enlarge or decrease the area of the city and the new boundaries of the city shall be delimited in the order.
(3)
An order made under subsection (2) may be made with retroactive effect.
(4)
Upon publication of the order, the city, with effect from the date upon which the order has effect and for all the purposes of this Act and a law, rule, regulation or by-law applicable to the city, shall comprise the area within the boundaries delimited in the order, and the order shall have the effect of repealing a prior order made under subsection (2).
(5)
An order made under subsection (2) may provide that for the purposes of an election of the council, the order may have effect on a different date than for other purposes. Corporation
4.
The residents of the City of St. John's are continued as a corporation by the name of the City of St. John's. Council
5.
(1) The control and management of the affairs of the city shall be vested in a board to be known as "The St. John's Municipal Council".
(2)
The council shall consist of a mayor, deputy mayor and 9 councillors but the council may, subject to the approval of the Lieutenant-Governor in Council, by by-law carried by a 2/3 vote of the council, decrease the number of councillors to 7. 1981 c50 s2; 1997 c4 s1 Wards
5.1
(1) The council may, by by-law carried by a 2/3 majority vote of the council, divide the city into 2 or more wards, define the boundaries of those wards and fix the number of councillors to be elected for each ward.
(2)
Subject to section 5, where the council fixes a number of councillors to be elected for each ward, the council may also fix a number of councillors to be elected at large. Remuneration
6.
The mayor, deputy mayor and councillors may be paid the annual remuneration that the council may determine by resolution. 1975-76 No9 s2; 1997 c4 s2 Rep. by 2001 cM-20.2 s103
7.
[Rep. by 2001 cM-20.2 s103] No nomination for mayor or deputy mayor
7.1
(1) Where no person is nominated for the office of mayor, the deputy mayor and councillors may, at the first meeting of the council after an election, elect either the deputy mayor or a councillor to be mayor.
(2)
Where no person is nominated for the office of deputy mayor, the mayor and councillors may, at the first meeting of the council after an election, elect one councillor to be deputy mayor.
(3)
Where no persons are nominated for the offices of mayor and deputy mayor, the councillors may, at the first meeting of the council after an election, elect one councillor to be mayor and one councillor to be deputy mayor. Rep. by 2001 cM-20.2 s103
8.
[Rep. by 2001 cM-20.2 s103] Eligibility re council membership
9.
(1) A member of the council who during the term of office
(a)
is absent from the province for a period of 12 consecutive months; or
(b)
is convicted for an indictable offence.
(c)
[Rep. by 1996 c18 s1] shall stop being a member of the council.
(2)
[Rep. by 1996 c18 s1] 1985 c11 s3; 1996 c18 s1 Conflict of interests
10.
(1) A member of the council shall not hold an office or place or employment from, under, or in connection with the council, or in a department of, in, or upon a work, service or business under the control, management, or direction of the council, directly or indirectly or undertake, execute, or enjoy a contract or agreement with the council;
(2)
Notwithstanding subsection (1), a member of the council shall not be disqualified by reason only of being a member of a corporation which has entered into contracts with or done work for the city, but that member of the council shall not vote in respect of the contract or work, and where he or she does so vote that vote shall not be counted. Election void
11.
Where a person who is not qualified for election is elected and returned as a member of the council, that election is void, and the person is not eligible for election for a term of 2 years.
(2)
Where a person referred to in subsection (1) sits or votes as a member of the council, that person shall forfeit the sum of $200, for each time he or she sits or votes to be recovered by a person who may sue for the sum in the Trial Division. RSN1970 c40 s28; 1986 c43 Sch A Seat to be vacated
12.
A member of the council who acts in contravention or violation of section 11, shall stop being a member of the council, and his or her seat shall become vacant; and afterward for each time he or she sits or votes, that person shall forfeit the sum of $200, to be recovered by a person who may sue for the sum in the Trial Division. RSN1970 c40 s27; 1986 c42 Sch A item 14 Mayor's duties
13.
The duties of the mayor are
(a)
to execute and put in force the laws for the government of the city, and all by-laws and ordinances relating to the laws;
(b)
to prosecute and punish all negligence, carelessness and positive violation of duty;
(c)
to inspect the conduct of officers in the government of the city;
(d)
to communicate information to the council, and recommend to the council the measures within the power of the council, that may improve the finances, health, security, comfort, sanitary condition and appearance of the city;
(e)
to preside at all meetings of the council; and
(f)
to exercise the powers and perform the duties that may be imposed upon him or her by this Act or by the ordinances of the city. Mayor's status
14.
The mayor shall be recognized as the official head of the city for all ceremonial purposes, and by the courts for the purpose of serving civil process, and shall be by virtue of the office, a justice of the peace within the limits of the city. Deputy mayor
15.
(1) [Rep. by 1997 c4 s5]
(2)
In the absence of the mayor, the powers and duties of the mayor are to be exercised by the deputy mayor. 1978 c45 s1; 1997 c4 s5 Vacancy re: mayor
15.1
Where a vacancy occurs in the office of the mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of mayor fewer than 12 months before the expiration of the term of office of the council, the deputy mayor shall assume the office of mayor for the remaining term of office of the mayor and has the powers and shall exercise the duties of the mayor. Vacancy re: deputy mayor
15.2
Where a vacancy occurs in the office of deputy mayor more than 12 months before the expiration of the term of office of the council, a by-election shall be held to fill that position but if a vacancy occurs in the office of deputy mayor fewer than 12 months before the expiration of the term of office of the council a deputy mayor shall be elected by the mayor and councillors at the first meeting of the council after the vacancy occurs. Requirement to resign seat
15.3
(1) Where a vacancy occurs in the office of the mayor, the deputy mayor or a councillor who wishes to run for election as mayor in a by-election shall first resign as the deputy mayor or a councillor.
(2)
Where a vacancy occurs in the office of the deputy mayor, a councillor who wishes to run for election as the deputy mayor in a by-election shall first resign as a councillor.
(3)
A resignation referred to in subsection (1) or (2) shall be filed with the city clerk before the beginning of the notice period set out in subsection 14(5) of the Municipal Elections Act
. Absence of mayor
16.
(1) In the absence of the mayor and deputy mayor the council shall elect a councillor to act as mayor.
(2)
The councillor elected under subsection (1) is to exercise the powers and duties of the mayor. Presiding officer
17.
The mayor, or in the mayor's absence, the deputy mayor, or in the absence of the mayor and deputy mayor, the councillor elected under section 16 shall preside at all meetings of the council. Points of order
18.
(1) The decision of the presiding officer on all points of order is final, subject to an appeal by a councillor.
(2)
An appeal may be made on a ruling on a point of order decided by the presiding officer, by a councillor stating that he or she appeals the decision, without the councillor making the appeal being recognized by the presiding officer.
(3)
The presiding officer may explain the reason for his or her decision on the point of order and following that explanation shall immediately put the question that the presiding officer's decision be upheld.
(4)
There is to be no debate on an appeal made under this section. Equality of votes
19.
Where there is an equality of votes on a motion or resolution that motion or resolution shall be considered to be defeated. Contracts
20.
A contract or agreement shall not be binding upon the council unless authorized by the council, made in the name of the city, and signed by the mayor or, in his or her absence, by a member of the council authorized to sign by the council. Leave of absence
21.
The council shall have power to make rules, regulations, or by-laws relating to and governing vacations, sick leave, and leave of absence from duty of employees of the council. Internal affairs
22.
(1) The council shall have power to make rules and by-laws for the regulation and conduct of its own affairs, provided the rules and by-laws are consistent with this Act.
(2)
A majority of the members of the council constitutes a quorum for the purpose of a meeting of the council. RSN1970 c40 s35; 2000 c6 s1 Coat of Arms
23.
(1) The Coat of Arms of the city is that Coat of Arms described as follows:
"Gules a Paschal Lamb proper between in chief two Escallops Argent a Chief of the last charged with an ancient Ship sail set pennon and flag flying upon Water Barry wavy proper And for the Crest Issuant from a Mural Crown Or a Rocky Mount Sable thereon a Lion passant Or between two Roses Gules each charged with another Argent barbed seeded slipped and leaved proper, Mantled Gules, doubled Argent. On either side a male figure the dexter habited as a Mariner of the Fifteenth Century holding an Escroll Argent inscribed thereon the numerals 1497 Sable and the sinister habited as a Mariner of the late Sixteenth Century holding a like Escroll inscribed 1583".
(2)
The Coat of Arms referred to in subsection (1) may for all purposes be called the Coat of Arms of the City of St. John's.
(3)
A pictorial representation of the Coat of Arms of the City of St. John's, printed in black and white, is as follows: Use of Coat of Arms
24.
Except with express permission granted by resolution of the council, another person, other than the city, shall not assume or use the Coat of Arms of the City of St. John's or a design in imitation of it or calculated to deceive by its resemblance to it or a paper or other material upon which the Coat of Arms of the City of St. John's or a design in imitation of it or calculated to deceive by its resemblance to it is stamped, engraved, printed or otherwise marked. Offence
25.
(1) A person who contravenes or fails to comply with section 24 is guilty of an offence and liable on summary conviction to a fine not exceeding $100 and in default of payment to imprisonment for a period not exceeding 3 months or to both a fine and imprisonment.
(2)
A conviction in accordance with subsection (1) does not operate as a bar to further prosecution for the continued contravention or failure to comply in accordance with subsection (1), and, where there is a continuing contravention or failure to comply, each day's continuance constitutes a separate offence. Seal
26.
The city shall have a corporate seal which shall consist of the Coat of Arms of the City of St. John's, circumscribed by the Latin words
"SIGILLUM-MUNICIPALIS-SANCTIONIS TERRAE-NOVAE". Seal required
27.
(1) The corporate seal of the city is to be affixed to every agreement, contract, deed or document to which the city is party and which, in order to bind a corporation, is required to be authenticated by a seal.
(2)
An agreement, contract, deed or document under the corporate seal is to be signed by
(a)
the person referred to in section 20; and
(b)
the city manager, or in the city manager's absence, the city clerk or the person designated under section 317 to act for the city manager. Flag
28.
(1) The city shall have an official flag consisting of a reproduction of the Coat of Arms of the City of St. John's emblazoned in colours on a white background, the proportions of the flag and the position of the Coat of Arms of the City of St. John's on it being those approved by the council.
(2)
The official flag of the city referred to in subsection (1) may be flown at all official places and on all official occasions of the city. Power to make by-laws
29.
The council shall have power to make rules, regulations, and by-laws for the purpose of putting into effect the powers and performing the functions and duties vested or imposed by this Act in or on the mayor and council or an official of the city, provided always that those rules, regulations, and by-laws shall not be contrary to the laws of the province. Notice required
30.
A rule, regulation, or by-law, and an amendment or repeal of a rule, regulation or by-law, shall not be considered by the council without 1 week's notice in writing having been given at a previous meeting. Publication
31.
(1) A by-law, regulation or rule passed by the council under this Act shall be promulgated by the publication once in
(a)
the Gazette
; and
(b)
a newspaper published within the limits of the city or, where there is no newspaper published there, a newspaper selected by the council of a notice setting out concisely the object and the date of passing of the by-law, regulation or rule and containing the following statement: Take notice that a person who wishes to view the by-law, regulation or rule may view it at the office of the city clerk of The St. John's Municipal Council at City Hall and that a person who wishes to obtain a copy of it may obtain it at the office upon the payment of a reasonable charge, as established by The St. John's Municipal Council, for the copy.
(2)
Upon publication of the notice of a by-law, regulation or rule referred to in subsection (1) in the Gazette
, the by-law, regulation or rule shall come into force and have the effect law as if specifically incorporated in this Act. Record of by-laws
32.
(1) A rule, regulation or by-law, and a repeal, alteration, or amendment of a rule, regulation or by-law, when passed and approved by the council, shall be entered in a book to be kept by the city clerk for that purpose.
(2)
The council shall print and publish the by-laws of the city in pamphlet form, and shall revise the pamphlet at least every 2 years. Breach of by-laws
33.
The council shall have power to prescribe fines for the breach of non-observance of rules, regulations or by-laws passed by the council under the authority of this Act. Declaration of state of emergency
34.
(1) Where in the opinion of the council or the mayor it appears desirable in the public interest to do so because of the city's being affected in whole or in part by
(a)
earthquake, conflagration, explosion or disaster;
(b)
riot, civil commotion or epidemic;
(c)
snowstorm or flood; or
(d)
a drought or shortage of water, the council or mayor may declare a state of emergency in the city or a specified part of the city.
(2)
Where a state of emergency is declared under subsection (1) the order declaring the emergency may order the following:
(a)
the closing of businesses, shops or places of entertainment;
(b)
the suspension of shop closing regulations;
(c)
the restriction or prohibition of the use of streets by vehicles;
(d)
a curfew for citizens; and
(e)
the restriction or prohibition of the use of water in the city.
(3)
Where an order made under subsection (1) is signed by the mayor and is promulgated by means of radio or television or in another manner that seems advisable in the circumstances of the emergency, the order becomes effective from the time stated in the order.
(4)
An order under this section may be limited as to time or as to a part of the city specified in the order and may be amended by the council or the mayor. 1971 No14 s2; 1971 No70 s2; 1977 c57 s1 Procedure for offences
35.
(1) Except where otherwise provided offences against this or another Act relating to the municipal affairs of the city or against rules, regulations or by-laws made by the council under this or another Act shall be triable summarily before a Provincial Court judge on the complaint of the city or of a peace officer.
(2)
A person may appeal a conviction under this section to the Trial Division upon
(a)
giving notice to the convicting
(b)
entering within 4 days into securities to the satisfaction of the
RSN1970 c40 s48; 1986 c42 Sch A Limitation of action
36.
A prosecution for the recovery of penalties shall not be started after the expiration of 6 months from the date when they were incurred. Application of fines
37.
(1) Fines recovered under this Act or the by-laws made by the council, under this Act shall, unless by this Act otherwise specifically appropriated, be paid over to the city clerk for the purpose of defraying the general expenses of the city.
(2)
Where a fine imposed, for a violation of this Act or a by-law made under it, is for a ticketable offence the city clerk shall pay to the province $5 or an amount that the Minister of Justice may order, for every ticket processed by the province. RSN1970 c40 s50; 1995 cP-31.1 s53(3) Public meetings
38.
Meetings of the council shall be held in public unless a meeting is called as a special or privileged meeting or declared by a vote of the council at a meeting to be a special or privileged meeting, in which case all members of the public present shall leave. Weekly meetings
39.
(1) There is to be a meeting of the council for the consideration of the general business of the city at least once a week, except during the months of July and August.
(2)
Notwithstanding subsection (1), the council may hold additional meetings for the consideration of the general business of the city. Special meetings
40.
Special or privileged meetings of the council may be called at the times that the mayor may consider necessary, or on the written request of 3 members of the council. Minutes to be public
41.
(1) Ratepayers may obtain a copy of minutes of the council other than minutes of a special or privileged meeting on written application.
(2)
Council may, subject to a condition it may impose, grant permission to a person to view for historic or academic reasons minutes of a special or privileged meeting of council held before 1925.
(3)
The council or a member of council or its agents, officials or employees shall not be liable, directly or indirectly, for actions, suits, losses or damages that may result from the view referred to in subsection (1) or (2). Notice of meetings
42.
A notice of 24 hours shall be given for every regular and special meeting. Minutes recorded
43.
Minutes of the proceedings of meetings of the council shall be drawn up and entered by the secretary-treasurer in a book for that purpose and the book shall be properly indexed. Voting disallowed-conflict of interest
44.
A member of the council shall not be permitted to vote or speak upon a question before the council, or before a committee, where the member's private interest is immediately concerned, distinct from his or her public interest, or where he or she is personally interested, directly or indirectly, or where that member is the agent for a person or company interested in that question. Right of entry
45.
(1) The council shall have power to enter upon lands and into buildings for the purpose of carrying out of this Act or the by-laws of the council in relation to this Act.
(2)
The power to enter a private residence shall be limited to the hours between 10 a.m. and 4 p.m. Obstructing employees
46.
A person refusing admittance to land or into a building, or obstructing an employee of the council in the discharge of his or her duty, shall be liable for each offence to a fine not exceeding $20 or in default of payment to imprisonment not exceeding 1 month. Posting notice on land
47.
Where the owner of land or a building or his or her agent cannot be found in the city or where the ownership of land or a building cannot be determined after reasonable inquiry on behalf of the council, a notice required to be served on or given to the owner or his or her agent under this Act shall be considered to have been properly served or given where posted upon the land or building to which the notice relates. Interference or destruction
48.
(1) Where a person wilfully or maliciously hinders or interrupts the contractors, employees or agents of the council in the exercise of the powers and authorities under this Act or where a person wilfully or maliciously puts out of order, injures or destroys a pipe, work or material of the council, the offender on conviction in a summary manner before a provincial court judge shall forfeit a sum not exceeding $20, with costs of suit and shall pay, upon the order of the judge, all damage so occasioned by him or her and in default of payment is liable to imprisonment for a period not exceeding 3 months.
(2)
A person who witnesses the commission of an offence referred to in subsection (1) may apprehend without warrant the offender and to convey him or her before a provincial court judge, to be dealt with in the manner provided in subsection (1). Conduct of employees
49.
(1) The mayor may suspend until the next meeting of the council and without pay, an employee of the city for neglect of duty, idleness, drunkenness or insubordination but otherwise neither the mayor nor a council or committee of the council shall
(a)
directly or indirectly interfere in the employment or discharge of employees;
(b)
intervene to postpone or prevent the collection of a tax, rate, assessment, rent, licence fee or other amount due to the city; or
(c)
condone a breach of this Act or of by-laws, rules or regulations made under this Act, and a person contravening this subsection shall for each offence be subject to a fine of not less than $25 nor more than $100, to be recovered in a summary manner before a
(2)
An employee or other person in charge of or performing work for the council shall not in the performance of his or her duties obey instructions from anyone except his or her own supervisor or given to him or her in writing by the council through the head of the department for which that employee is working or through the city clerk. Bonding of employees
50.
(1) The council may require an employee to be bonded, including an employee whose duties include the collecting, receiving or depositing of money belonging to the city, or to which the city is entitled.
(2)
The council shall specify what employees are to be bonded, the amounts for which they are to be bonded and the terms and conditions and sureties applicable, and different amounts, terms, conditions and sureties may be specified in regard to different employees. City property defined
51.
The lands and all buildings on the lands, the lakes and water supply of the city, the water mains, service pipe, hydrants and all other property connected with the water supply of the city, the sewers and sewer pipes, the soil and freehold of every street now open, whether acquired by original grant, or by the user, purchase, gift or bequest, or which afterward may be acquired, are vested in the City of St. John's and shall be held and occupied by the city for the public and common benefit and use of the city, according to the intent of the original grant, purchase, gift, bequest or acquisition. Streets vested
52.
Notwithstanding another Act or law, all streets and roads within the boundaries of the city as fixed and delimited by order of the Lieutenant-Governor in Council dated December 10, 1963, or that may be fixed and delimited by Order of the Lieutenant-Governor in Council are vested in the city.
53.
The waters of
54.
All that parcel of land, containing about 12 acres, shown and described in a plan deposited in the office of the Department of Environment and Lands and situated in the City of St. John's, bounded south by Military Road, 361 feet more or less and by the grounds of the Colonial Building, 190 feet more or less; east by grounds of the Colonial Building, 307 feet more or less and by Bannerman Road, 713 feet, more or less, north by Circular Road 458 feet more or less and west by the property of Calver and others, 1302 feet more or less and all the adjoining lands that may be obtained by the government or the council for that purpose, shall be vested in the Crown, and set apart, dedicated and appropriated for the sole use and purpose of a public park for the use and accommodation of the residents of St. John's, and all others resorting to the city. Council controls park
55.
The park shall be known as
Swimming pool
56.
The council is empowered to lease to the
(a)
shall be for a term not exceeding 25 years;
(b)
shall provide that all buildings and erections on the leased land shall become the absolute property of the city on the expiration of the term of the lease;
(c)
shall prohibit the lessee from charging a fee for admission to or the use of the swimming pool except in accordance with the rates or charges approved by the council; and
(d)
may contain other terms or conditions that the council considers appropriate. Rent to Lieutenant-Governor
57.
In consideration of that lot of land, the private property of the Lieutenant-Governor in Council, situated on the south side of Circular Road, and containing about 10 acres, having been added to the park lands, there shall continue to be paid to the Lieutenant-Governor in Council, on January 1 in each year, the sum of $80, as the estimated value of the land and the annual payment is a charge on the rents of the Crown lands vested in the council. RSN1970 c40 s70; 2004 c47 s9 Victoria Park
58.
That parcel of land situated in the west end of the town, upon which stood the building of the old hospital, which land was held under a grant from the Crown dated December 31, 1831, issued under the authority of the Act 6th Wm. IV., Cap. 5, to certain trustees, for the purpose of a hospital and grounds, shall continue to be applied for the purpose of a park for the public, to be called "Victoria Park", and shall be held by the council for that purpose.
59.
(1) All those lands situated on the north side of Quidi Vidi Lake between the Lake and the road on the north side of the lake now vested in the city and all other lands bordering Quidi Vidi Lake owned by or under the control of the council and including the lands situated on the north side of the river flowing into Quidi Vidi Lake and lying between King's Bridge Road and the waters of Quidi Vidi Lake known as Quidi Vidi Park shall be held by the city in trust for the public for the purpose of a public park.
(2)
The council shall have power to lay out and beautify and adorn the lands referred to in subsection (1), and, in order to raise funds, to charge admission fees, and to rent and let out portions of the lands for temporary purpose consistent with the purpose for which the lands are vested in the city under this section.
(3)
The council is empowered to lease to the Newfoundland Amateur Athletic Association a portion of the eastern section of the lands referred to in subsection (1) on the north side of
(4)
The council shall have power to appoint a committee to be known as the Quidi Vidi Park Committee composed of the mayor as chairperson, the city clerk, the financial supervisor and 6 other members of whom 3 shall be elected annually by the council from its own membership and 3 shall be appointed annually by the council, 1 being a nominee of the St. John's Regatta Committee.
(5)
The committee shall have the management and control on behalf of the city of
(6)
The committee shall have power to make rules for the conduct of its internal affairs and shall have powers in relation to the park similar to those given to the council under section 63.
(7)
The council may set apart annually out of the revenues of the city a sum sufficient to cover the expenses of the reasonable and appropriate maintenance and operation of the Park and may pay the sum to the committee in the instalments and at the times that the council considers appropriate. Parks and Recreation Commission
60.
The council shall have power by by-law
(a)
to establish a parks and recreation commission to be known as the St. John's Parks and Recreation Commission comprised of not more than 12 members; and
(b)
to regulate the manner in which the
Acquisition of park land
61.
The council shall have power to acquire lands within or outside the city limits by gift, purchase or expropriation and to establish on the lands public parks, gardens, open spaces, playgrounds, swimming pools and recreation grounds and to equip and operate them. Sporting events
62.
(1) The council may hold, sponsor, encourage or support those local or national games, sporting events, exhibitions, fairs and recreational and artistic activities that it considers to be in the interests of the residents of the city and other persons resorting to the city, and may spend out of the general revenue of the city the money that it considers appropriate for those purposes.
(2)
The council may enter into agreements with
(a)
the Government of
(b)
a council of a town, community or region constituted or continued under the Municipalities Act;
or
(c)
a person, firm or corporation governing the matters referred to in subsection (1), including, providing for financial and other assistance by or to the council for those matters.
(3)
The power conferred by subsection (2) on the council to enter the agreements shall be considered to include a power on the government of the province and on the municipalities referred to in subparagraph (2)(b) to enter those agreements. Council regulates parks
63.
(1) For the purpose of this section and section 64, "parks" includes gardens, playgrounds, recreation grounds, green belts and open areas for play, recreation and enjoyment and include buildings in or upon a park and fences or approaches in relation to a park.
(2)
The council may make by-laws, rules and regulations with respect to the control, maintenance, preservation, management and use of parks referred to in this Act or other parks owned, leased or controlled by the council.
(3)
A person who violates a by-law, rule or regulation made under subsection (2)
(a)
may be expelled from the park by the council, by a person acting on its authority or by a member of the Royal Newfoundland Constabulary; and
(b)
is guilty of an offence and liable to a fine not exceeding $300 or to imprisonment for a term not exceeding 60 days or to both a fine and imprisonment; and
(c)
in addition to a fine or imprisonment set out in paragraph (b), is liable to pay the compensation that a
Maintenance
64.
It shall be lawful for the council to spend out of the city revenue the sums that may be required for the maintenance and operations of the parks.
65.
(1) The council shall continue to hold for the use of the residents of the city and all others living in the neighbourhood of or resorting to the city all that land situated at Waterford Bridge, formerly known as Rae Island, presented to the city by Bowring Brothers Limited, together with all additions to it.
(2)
The land referred to in subsection (1) shall be set apart and dedicated for the purpose of a public park, and shall be known as
(3)
The council is empowered to acquire additional lands and properties and include the lands and properties as part of the park and place them under the management of the Bowring Park Committee.
(4)
The park shall be managed for and on behalf of the city by a committee known as the Bowring Park Committee, in this section referred to as the committee, and composed of the mayor, as chairperson, and 9 members:
(a)
4 members shall be elected by the council, 1 of whom shall be a member of council;
(b)
2 members, 1 of whom shall be a member or representative of Bowring Brothers Limited, and shall be nominated by the Newfoundland Board of Trade; and
(c)
the remaining 3 members shall be the city clerk, the city engineer and the city comptroller.
(5)
All the members of the committee except the city clerk, city engineer and city comptroller shall hold office for a 4 year term.
(6)
Where the office of a member appointed by the council becomes vacant the council shall appoint another of its members to serve for the remainder of the term of the member being replaced.
(7)
Where the office of a member appointed by the Board of Trade becomes vacant the board shall appoint another person to serve for the remainder of the term of the member being replaced.
(8)
The management and control of the park shall be vested in the committee, who shall have control over the expenditure of all money and grants paid, given or made in respect of the park, and shall have authority to engage and dismiss all members of the park staff and all employees, and to determine the remuneration to be paid to and the terms of employment of the members and employees.
(9)
The committee shall have power to make rules for the governance of its internal affairs, and shall have similar powers in relation to the park to those in relation to other parks given to the council by section 63.
(10)
Proceedings for penalties or the recovery of compensation for damage to the park may be taken by the committee in its own name.
(11)
It shall be the duty of the council to set apart annually out of the city revenue a sum sufficient to cover the expenses of the reasonable and proper maintenance and operation of the park in consonance with the manner in which it has been maintained and operated, and to pay the sum to the committee in the instalments and at the times that may be agreed upon between the committee and the council.
(12)
It shall be lawful for the committee to accept gifts from the public for the further improvement of the park and for its maintenance and operation in addition to the sum annually provided by the council.
(13)
The accounts of the committee shall be audited and laid before the council annually, and the committee shall provide the council with all details and explanations requested in respect of the audit. Water Store
66.
The building known as the Water Store, situated on King's Road, is vested in the Crown and shall be set apart, dedicated and appropriated for the use of the City, and shall be occupied under the control of the council, in whose possession it shall be held to be. Accounts of property
67.
It shall be the duty of the council to keep accurate accounts of the first cost of all city property, including buildings, lands, parks, water extensions, sewer extensions, bridges, and all other property of permanent description. Respecting insurance
68.
It shall be the duty of the council to secure adequate insurance against loss by fire or other causes on all city property, and against liability for injuries to persons, including liability under a law for workers' compensation applicable to the city, and all sums paid for premiums, damages or compensation shall be charged to the annual expense of the various city departments concerned. Crown land
69.
(1) The management and control of all land, situated within the city limits and belonging to the Crown, whether in possession, reversion or remainder, shall devolve upon and become vested in the council, who shall have power to collect rent due by tenants of Crown property by an action in the name of the city, and may grant leases of Crown property or renew existing leases of Crown property,
(2)
Subsection (1) shall not apply to property in the use and occupancy of the government.
(3)
Subsection (1) shall not apply to the property known as
Old Railway Track
70.
All rights of the Crown or the Lieutenant-Governor in Council in connection with the Old Railway Track Right of Way extending from the junction of
Title to Crown land
71.
(1) Titles to Crown lands within the limits of the city shall be inspected and a record made.
(2)
The council shall require a person claiming to hold Crown lands within the city by a Crown lease or other title not registered in the Registry of Deeds or having Crown land in possession without documents of title, to produce the documents of title or to account for them if lost or destroyed or to account for possession.
(3)
The person shall answer questions put to him or her and shall prove upon statutory declaration the facts required to prove the claim.
(4)
The city solicitor may register in the Registry of Deeds, free of charge, all documents of title, memoranda or statutory declarations that he or she considers appropriate for the purpose of proving the existence and the terms of the tenancy.
(5)
Where it appears to the city solicitor that a person ought to be examined as a witness in relation to the title to the Crown lands, the city solicitor may in writing summon him or her to appear at the time and place that may be appointed and to answer questions and to make a statutory declaration,
(6)
Where a person fails to appear and answer and make statutory declaration upon being summoned to do so, the city solicitor may apply to a judge of the Supreme Court in chambers for an order that the person appear and answer and make a statutory declaration and where the person does not obey that order he or she may be dealt with as for contempt of court.
(7)
A person who neglects or fails to comply with this section shall forfeit all right or title to any Crown land claimed to be held by that person under a lease or other title or by possession unless he or she, within 1 calendar month after the service of notice of forfeiture, complies with this section.
(8)
Service of this notice may in case of vacant possession, where it cannot otherwise be effected, be made by posting a copy of the notice upon the door of the building or other conspicuous part of the property. Plan of Crown lands
72.
The city engineer shall prepare plans on a scale of 13.33 m to 2.5 cm showing the location, boundaries and extent of all Crown lands within the city limits, together with all buildings and erections on the lands. City plan
73.
(1) The council shall prepare the following plans
(a)
a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the lines of all streets which have been authorized, and all buildings within the city limits. and a copy of this plan shall be kept in the vault of the Registry of Deeds and shall be brought up to date at intervals of 6 months;
(b)
a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the water mains, sluices, hydrants and fire alarm boxes;
(c)
a general plan of the city on a scale of 66.66 m to 2.5 cm, showing the sewers, manholes, catch-basins and septic tanks;
(d)
sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing the buildings, position and depth of all water pipes, sewers and private drains, manholes, gullies, gas mains, electric light and telegraph conduits and all other underground works;
(e)
sectional plans of the city on a scale of 13.33 m to 2.5 cm, showing all surface drains, gullies, electric and gas lights, fire hydrants, manholes, street car lines and all other public utilities on the surface;
(2)
The engineer shall establish and keep a complete system of levels and permanent bench marks in and for the city, with a view to a general plan of sewage and the establishment of the levels of all streets and drains.
(3)
The bench marks of a permanent nature shall be placed in the position that the engineer considers most convenient.
(4)
The engineer shall keep a plan book, which shall contain an index of all plans, profiles and drawings in the department, and originals plan shall not be allowed out of the office. Search of city property
74.
A person requiring information in relation to land within the limits of the city, and contained in records in the possession of the council, shall be entitled upon application to the city clerk to have a search made for and to be provided with a copy, upon payment of the reasonable fees that may be charged by the council for copying. New streets
75.
A new street upon which houses shall be proposed to be erected, shall not be opened or made by private parties through their own ground, within the limits of the city, without the consent of the council. Planned development
76.
The council shall have power to control the development of land within the city limits, by the opening of new streets, by the widening, diverting, closing or improving of existing streets and lanes, by the laying out of building lots, and by the provision of fire breaks, parks and recreation grounds, so that the city shall be well ordered, and arrangements made to meet the future needs of the locality where they can be reasonably anticipated. Development proposals
77.
(1) Where the council has decided whether upon its own initiative or upon application from owners of 1/2 or more of the lands in question, to open up a locality and to lay out land for building purposes, notice of that decision shall be given to the owners, lessees and occupiers of the lands, and plans shall be submitted which shall show
(a)
the existing main roads and proposed alterations of the roads;
(b)
new roads which it is proposed to open;
(c)
the boundaries of all lands which it is proposed to deal with and the owners of the lands;
(d)
land to be acquired for the city;
(e)
the proposed division of the land into building sites; and
(f)
proposals as to lines of sewers and pipes, mains or conduits, for the supply of water, gas and electricity.
(2)
The council shall carefully consider objections or representations made to them by interested parties, provided that the objections are made in writing within 1 month of the time of serving notice of the council's intention to deal with the lands.
(3)
Where the objections and representations referred to in subsection (2) have been considered, and the plans have been decided upon by the council, notice of the decision shall be published in the Gazette
and 2 daily newspapers published in the city.
(4)
One month after the publications referred to in subsection (3), the council shall have power to proceed to the carrying out of the plans, and may open the new streets, widen, improve, divert or close, existing streets, grade and make the streets and sidewalks, including curbs and gutters, side-drains, catch-pits, and storm sewers, and may lay mains and sanitary sewers.
(5)
This section shall not apply to land owned or occupied by orphanages, schools, hospitals or other similar institutions but where the owners of those lands apply to have the land or a portion of the land laid out for building purposes, then this section shall apply. Improvement cost assessed
78.
The cost of the improvement shall be assessed upon the lands directly benefited by the improvement, according to the frontage on the streets so opened or improved or adjoining. Appeal from assessment
79.
Where a person objects to an assessment, that person shall have the same right of appeal to the court of revision and to the Trial Division as in the case of the general appraisement for city taxes. RSN1970 c40 s90; 1986 c42 Sch A Water and sewage pipes
80.
(1) The council shall have power to lay water mains and sewage pipes through existing streets of the city, and shall assess against all building sites on the streets or adjacent to the streets, which may be benefited, the proportion of the cost of the water and sewage installations as the frontage of the building sites bear to the total length of the frontages on the streets.
(2)
Where the council considers it necessary or desirable to lay water or sewer mains through private lands instead of in a street, the council shall have power to enter on private lands and lay and construct water and sewer mains, and to assess against the owner of each building site, to which the water or sewer mains are available for servicing by pipe connections a building site, the proportion of the total cost of the laying and construction of the mains, including costs and expenses in connection with the acquisition of necessary easements that the street frontage of the building site bears to the total length of street frontages of all building sites to which the mains are available. Street alteration
81.
The council shall have power to alter, widen, or improve an existing street in the city, and shall assess against a building site on the street 1/2 the proportion of the cost of the alteration that the frontage of the building site bears to the length of the street frontage so altered, widened or improved. Street lighting
82.
(1) The council is empowered to provide, place or install in an area or on a street of the city special or ornamental or otherwise superior lighting fixtures and standards.
(2)
The council may assess and impose the excess cost of the lighting fixtures and standards, or the part of the excess cost that the council may decide, upon the properties situated in the area or upon the street and the owners, in proportion to the annual rental values of the properties as assessed for taxation purposes, and may collect it in the same manner as other taxation.
(3)
Excess cost for the purpose of this section means the cost of the special fixtures and standards and their installation in excess of the average cost at the time of installation of fixtures and standards of the class and kind then in general use in the city and their installation. Expropriation
83.
(1) Where it is necessary for the purpose of the alteration, to expropriate the adjoining land, the value of that land shall be arrived at by arbitration in the manner provided by this Act, and shall be included in the cost of the alteration assessed against the building sites on the street.
(2)
Where buildings are expropriated for the purpose of removal, the cost of the removal shall be borne by the city, unless it can be clearly demonstrated that the removal was essential for the improvement of the street. Street lines
84.
The council shall have power to control the laying out of building lots on a street so that they conform to the street line, and, where necessary, to adjust the boundaries of the lots between the respective owners. Payment of assessments
85.
(1) The sums assessed under sections 78, 80, 81, 142, 145 and 174, and sums similarly assessed against the owners of properties abutting on or adjacent to a street in respect of the cost of improvements effected in, on or about that street under the authority of the council, shall be due to the city at the time of assessment but the council, upon the written request of the owner, may permit payment by instalments and over a period that the council may determine.
(2)
Where the actual cost of the improvements because of difficult or extraordinary conditions attaching to the work is in excess of the usual cost of improvements, the council may prescribe and make charges or assessments based on average cost rates, per running foot or per square foot, for different classes or types of works or improvements and the city engineer shall certify that in his or her opinion the rates so fixed do not exceed the actual cost rates of the works. Interest on arrears
85.1
The council may charge simple or compound interest on assessments imposed under this Act that are not paid on or before the date on which they become due, if, before making that charge, the council passes a resolution establishing whether the interest shall be simple or compound, the rate of interest to be charged and when that interest shall be applied. Power to borrow
86.
The money necessary to defray the cost of improvements may be borrowed by the council from a bank or by the issue of notes or debentures and shall not be considered as part of the funded debt of the city. Water and sewer extensions
87.
Where it is necessary to extend water mains and sewers and to improve streets in a section which has been added to the city by this Act or a succeeding Act, the cost of the water mains, sewers and street improvements shall be borne by the new section. Rep. by 1993 c34 s1
88.
[Rep. by 1993 c34 s1] New streets recorded
89.
New streets authorized and opened shall be recorded upon the official plan of the city. Powers of council
90.
(1) The council shall have power to acquire lands by purchase or gift, and to hold the lands for the uses of the city, to make, provide and lay out on the lands, streets, sidewalks, firebreaks, parks and playgrounds, to lay water and sewage pipes through the lands, and to sell, lease or build upon the lands.
(2)
The council shall have power
(a)
to apply to the building of houses of moderate size and suitable for dwellings for the working classes the proportion of the general funds of the city that may be considered expedient;
(b)
to borrow money for the purpose of that building, to the amount that the Minister of Municipal and Provincial Affairs may authorize;
(c)
to let or sell the houses so built;
(d)
in the manner provided in Schedule B, to lend money to or guarantee the securities of building societies established to provide additional housing accommodation of the class contemplated by this section, and to reduce the rate of taxation upon houses built by and while the houses remain the property of the building societies; and
(e)
to make rules, regulations and by-laws providing for the granting to the owner or builder of a dwelling house erected afterward within the city limits not exceeding $1,500 in value of a bonus not exceeding 10% of the cost of the house, the total of those bonuses shall not exceed the sum of $5,000 in any 1 year, nor the sum of $25,000 in all. RSN1970 c40 s101; 2002 c8 s2 Further powers
91.
The council is empowered,
(a)
at the cost and expense of the city, to acquire land within or outside the city limits and to assign, convey, or lease the land at a nominal consideration or rent or upon the terms that the council may consider appropriate, to the Government of Canada or the government of the province or a federal or provincial housing corporation or organization for the purpose of a housing project for war veterans or for a housing project which the council considers desirable;
(b)
as principal or, where so authorized, as agent of the province, to enter into an agreement with the Government of Canada, the government of the province and a federal or provincial housing corporation or organization, relating to a land assembly or housing project for the provision of dwelling houses within or outside the limits of the city which the council considers desirable and whether carried on under the National Housing Act
(Canada) or the Housing Act
or otherwise and to provide all or part of the money required to finance the land assembly or housing project and for that purpose to raise or borrow money in the manner that the council may consider appropriate, and for the purpose of the agreement or land assembly or land development or housing project to acquire lands or properties within or outside the city by purchase or expropriation and to convey, assign, transfer or lease all or a part of the lands or properties for the purpose of the land assembly or land development or housing project,
(c)
at the cost of the city and upon the terms and to the extent that the council considers appropriate, to perform work in connection with the preparation of the land for the housing project and to provide water and sewer mains and services for the housing project, and to construct streets, sidewalks, curbs and gutters fronting the land;
(d)
to waive, remit or reduce taxes or assessments on the lands or the lots into which they are divided or the dwellings erected on the land or the tenants of the land or to set a fixed annual payment of, instead of taxes and assessments in the amount and for the period that the council may in its discretion determine and to provide on any basis to the dwellings and to the tenants of the facilities, privileges and services of the city that are now or shall be provided afterward or made available by the city to other properties or property owners in the city; and
(e)
to issue without charge building, plumbing or electrical permits required to be obtained from the city council or a department of the city council in respect of the erection of dwellings on lands and to waive in respect of the construction of the houses a part of the building regulations of the city to the extent and for the period that the council may consider appropriate. Council as owner
92.
The council is empowered to sell, exchange, lease or rent upon the terms that it may decide any land owned or acquired by the city, or an interest in that land, which in the opinion of the council is not required for public work or service of the city. Disposition of city land
93.
The council may, by resolution, grant, sell, exchange, rent, assign or lease any lands and buildings owned by the city and acquired by it by gift, expropriation or otherwise, upon the terms and for the consideration that it may decide. Rep. by 1993 c34 s2
94.
[Rep. by 1993 c34 s2] Planning by-law
95.
The council shall have power
(a)
to make rules and regulations prescribing the class of building which may be erected upon a street within the limits of the city;
(b)
to make rules and regulations limiting the number of houses which may be built per acre in a portion of the city;
(c)
to prescribe the distance from the curb line at which buildings shall be erected, provided that a building shall not be erected at a lesser distance than 7.6 metres from the centre of a street;
(d)
to regulate and adjust the levels of all streets of the city and the width and levels of all sidewalks;
(e)
to make rules and regulations to direct and control the opening of streets and erection of buildings within 1.6 kilometres of the city limits and to prohibit the opening or erection when made in contravention of the rules or regulations;
(f)
to make special rules, regulations and by-laws governing the erection of buildings on the Southside between Job's Bridge and Fort Amherst, in that district lying between Temperance Street and Chain Rock, and in other districts to which the general building and sanitary regulations are especially difficult of application, or to which the water and sewage systems have not been extended, and to reduce the city tax percentage in all or any of the districts; and
(g)
to enter into an agreement with the government of the province for
(i)
the assumption by the council of the control of that portion of the Crown lands at the eastern end of the Harbour, between
(ii)
the use as a street of the Old Railway Track. Purchase of land for stated purposes
96.
(1) Where the council determines by resolution that land, either with or without buildings on it, or an interest in lands, situated in or near the city, is, or may be required by the city for a public work or service of the city or for the purpose of a land assembly, land development, housing or building project or a parking area or lot approved by the council or for the purpose of the erection by the council, or by the government or another public body or corporation under arrangement with the council, of dwelling houses under a housing scheme which the council considers necessary or desirable, the council may contract for the purchase of the land or interest in the land with the owner.
(2)
Where a contract referred to in subsection (1) cannot be made, or where it is advisable to do so, the council may by resolution determine to expropriate the land or interest in the land, and the value of the land or interest shall be determined by arbitration as provided in this Act.
(3)
The council or a corporation or person authorized by it shall have power to enter upon Crown lands, except Crown lands in the use and occupancy of the government, or the lands of private persons in or near the city for the purpose of laying water or sewer pipes or of necessary rights of way across, over or under the lands, or of constructing, altering, repairing, maintaining or inspecting waterworks, sewage systems, streets, buildings or works that have been or are or may be undertaken by the council or that are or may become the property of the city or subject to the control of the council.
(4)
All natural streams and watercourses flowing through the city within the city limits shall be under the control and at the disposal of the council in the manner and for the purpose that the council may determine.
(5)
The council shall have the power to alter or divert a natural watercourse within the limits of the city after having given 3 months' written notice to the owners, lessees, or occupiers of land bordering on the watercourse, of their intention of making the alteration for the improvement of the watercourse, or of the sewage of the town, and may remove impure or offensive soil, lay pipes, construct drains, grade surrounding land, change the direction of, or fill up the watercourse, as may be considered by the council necessary or expedient.
(6)
The council shall have power to enter upon the lands, and to dig and excavate upon the lands, and to go under all buildings that may be erected on the lands and may require the owner or occupier of all buildings and erections upon the lands to make alterations in the walls, cellars, and other portions of the buildings and erections, that may be necessary for the purpose of this Act.
(7)
Subsections (4) to (6) shall not be held to take away or to authorize the interference with private rights to or in respect of a stream or watercourse.
(8)
Where the council has determined to expropriate land, or for the purpose of ascertaining the damage that has been or may be occasioned to a person whose interest may be affected by the taking of lands or tenements, or of a watercourse or by the diversion of a watercourse, or by the removal or alteration of houses, or by the taking of a right-of-way over, under or through land, or by digging or excavating upon land, or damage that may be occasioned to a person because of this Act, for which the city shall be liable, the claim arising shall be submitted to arbitration.
(9)
In estimating the damage to property by the altering or widening of a street the arbitrators shall take into account an additional value or advantage which may accrue to the several proprietors and occupants from the convenience and security given by the widening or altering of the street, and where the arbitrators are of opinion that any proprietors of land so required for the streets may be indemnified at less expense by having an equal portion assigned to them from adjoining land, the arbitrators shall mark off and in similar manner appraise so much of the adjoining land that they may think sufficient to replace the land required for the street, and the land so marked off shall belong to the first-mentioned proprietor and be instead of all indemnity, and the appraised value of the land shall be paid, and shall be in satisfaction of the indemnity, and of all right and title to the land.
(10)
Where the land to be so given is not considered an equivalent for the land appropriated to the street, the proprietor shall be paid the sum that may, with the land, be an equivalent for the land appropriated.
(11)
Where, by the making, altering, or widening of a street, a portion of the street has been or may be exchanged for other land, the council may grant the portion of the street to the party to whom the land has been, or may be assigned, at a valuation to be ascertained by arbitration.
(12)
Where, by the alteration of a street, under a law, a portion of land, not embraced within the new line of the street, is adjoining to, or extending along the frontage of another proprietor that portion of land shall be set off to, and shall be taken by the adjoining proprietor to the extent of his or her frontage, at a valuation to be ascertained by the arbitration.
(13)
Where, by the alteration of a street, building sites have been eliminated or have been reduced in depth or in width, so that the value is depreciated, the council may expropriate any lands adjoining where they are available, and may award them to the owners of the building sites, and the value of the land so expropriated shall be ascertained by arbitration. Traffic commission
97.
The council is empowered to appoint annually a commission to be known as the St. John's Traffic Commission consisting of 7 persons and to delegate to that commission the powers delegated to the council by the Minister of Works, Services and Transportation under section 189 of the Highway Traffic Act.
Development areas
98.
(1) The council is empowered to declare and designate, as an urban development, redevelopment or renewal area, in this section called a "development area", an area in the city which in the opinion of the council requires planning, designing, development, redevelopment, building, rebuilding or renewal in this section called "development" in the interests of the city or a part of the city.
(2)
In respect of an area designated by the council as a development area, the council shall have and may exercise the following powers:
(a)
to acquire ownership of lands with or without buildings, in the area by purchase or by expropriation that the council may decide;
(b)
to remove or demolish buildings or structures in the area that the council may consider necessary;
(c)
to close to public or private use streets, lanes or public places in the area;
(d)
to enter into agreement with a corporation, group or person and upon the terms and conditions that the council may consider appropriate for the development of the area or a part of the area for industrial, commercial, office, hotel, apartment or housing purposes or for the provision of public or private parking lots or for any use or purpose which the council considers desirable and to lease to a corporation, group or person all or a part of the area for the period of years and at the rental and upon the terms and conditions that the council may determine;
(e)
to incorporate in a lease or agreement covenants by the lessee for the planning and designing and lay out of the area or part of the area covered by the lease in the manner that shall be approved by the council and for the provision and construction and surfacing by the lessee of all streets considered necessary by the council and the transfer of title to the streets to the city upon completion;
(f)
to sell or lease all or a part of an area to a corporation, group or person for the development of the area or a part of the area for a purpose which the council considers desirable and upon the terms that the council considers appropriate;
(g)
to undertake as a project of the council the development of the area or a part of the area for a purpose which the council considers desirable;
(h)
to exempt a development undertaken under this section or any lands or buildings comprised in a development area or a part of the area or a corporation, group or person undertaking a development under this section from the application of all or any of the laws, by-laws, rules or regulations applicable to developments or subdivisions or buildings under this Act or enacted by the council under this Act; and
(i)
to borrow money on the credit of the city in a manner considered desirable by the council for the purpose of carrying into effect all or any of the powers vested in the council under this section, provided that the total indebtedness of the council on account of borrowings under this section shall not exceed $2,000,000 at a time.
(3)
Where so provided in a lease of a development area or part of a development area granted by the council under this section, the lease shall not be or be considered to be a building lease under this Act, and upon the termination of the lease, all buildings and erections on the leased land shall vest in the city free from claims by the lessee and from a right to renewal or to acquire the freehold of the land or for compensation for improvements.
(4)
The lessee under a lease of a development area or part of a development area or the assignee of the lessee shall, for the purpose of liability for city tax or a tax imposed on land or buildings or upon the owner in respect of land or buildings under this Act, be considered to be the owner of the land leased and all buildings on the land.
(5)
The council may borrow by way of loan by the issue and sale of bonds of the city a sum not exceeding $2,000,000 at the interest rate and upon the terms and conditions that the council may consider appropriate.
(6)
The bonds shall be repayable within 40 years from the date of issue referred to in subsection (5) and shall rank as obligations of the city, equally, without preference, with all existing bonds or debentures of the city, and the bonds may be issued and sold in the numbers and amounts and at the times that the council may decide.
(7)
The bonds shall be signed by the mayor and the city manager on behalf of the city and the signature of the mayor on the bonds may be lithographed or otherwise mechanically reproduced and the interest coupons attached to the bonds shall be signed by the city manager whose signature may be lithographed or otherwise mechanically reproduced.
(8)
The council shall have and may exercise all the powers that shall be necessary or proper for conducting business connected with
(a)
the raising of the loan;
(b)
the issue of securities for the loan;
(c)
the management of the securities and the payment of interest on them; and
(d)
the making of appropriate provision for the repayment of the loan. Business improvement areas
99.
(1) In this section
(a)
"board" means a board of management of a designated business improvement area established by the council under this section;
(b)
"business improvement area" means a commercial area of the city which, in the opinion of the council and in the interest of the city, requires improvement, beautification or maintenance and which has been designated as that under this section; and
(c)
"by-laws" means by-laws made by the council under this section.
(2)
The council may, by by-law, declare and designate business improvement areas within the city.
(3)
The council shall, before designating a business improvement area, give notice of the intended by-laws to all persons, groups, businesses, organizations and companies within the proposed business improvement area which have been assessed for business tax in the last revised assessment roll of the city.
(4)
The council shall not designate a business improvement area where within 30 days of giving notice, 1/3 of those entitled to notice under subsection (3) and representing 1/3 of the assessed business tax in the proposed business improvement area give written notice to the city clerk of the objections to the designation of a business improvement area.
(5)
Where the council designates a business improvement area under subsection (2), it shall appoint annually a board of management which shall be responsible for the management of that business improvement area.
(6)
The objects of a board shall be to
(a)
promote a business improvement area as a place for retail and commercial activity;
(b)
assist in carrying out the improvement, enhancement, beautification and maintenance of municipal or public lands in the business improvement area; and
(c)
sponsor or otherwise participate in special projects, activities or events, for the purpose of improving an area.
(7)
A board shall
(a)
be responsible to the council in carrying out the powers, functions and duties conferred by this section;
(b)
report to the council on the activities of the board at those times and in the manner that the council may prescribe;
(c)
annually prepare for approval and submission to the council at a time and in a form prescribed by the council a budget indicating its proposed annual expenditures of funds;
(d)
make available to the council at all times all books, documents, transactions, minutes and accounts of the board; and
(e)
do all other things necessary or incidental to the carrying out of the objects of the board.
(8)
A board may make grants to persons within a business improvement area or to an organization whose sole purpose is promoting that business improvement area as a place for retail or commercial activity for the carrying out of the objects and purposes of this section.
(9)
The council may
(a)
in order to provide revenue to a board for annual operating and other expenses, impose an annual surcharge no greater than 10% of the business tax imposed on persons carrying on a business, trade or profession within a business improvement area;
(b)
impose different rates of surcharge for different business improvement areas;
(c)
allot and approve funds collected for a business improvement area, but those funds shall
(i)
consist only of funds raised as provided in paragraph (a) and subsection (10),
(ii)
remain the property of the city,
(iii)
form part of the general revenue of the city,
(iv)
be paid out by the city comptroller on requisition by a board for its annual operating budget, and
(v)
be spent only for the purpose of a business improvement area for which they were collected.
(10)
Nothing in subsection (9) shall preclude a board from obtaining revenue through fund raising, grants or gifts, which funds shall also form part of the general revenue of the city.
(11)
A surcharge or business tax collected and imposed by subsection (9) shall be subject to the City of
(12)
The council may make by-laws
(a)
respecting the structure, composition and filling of vacancies of a board;
(b)
designating the qualifications necessary for appointment to a board or regarding election to a board;
(c)
regarding the election of officers of a board;
(d)
respecting voting by members of a board and the casting of tie breaking votes;
(e)
regarding rules of procedure governing board meetings;
(f)
respecting the annual and proper expenditure of funds by a board;
(g)
restricting expenditures of funds by boards to items and activities approved by the council;
(h)
outlining programs and activities which may be undertaken by boards;
(i)
regarding the levy of annual surcharges;
(j)
respecting notices to persons, businesses or other groups or organizations under this section;
(k)
respecting responses to notice requirements by persons, businesses or other groups or organizations;
(l)
respecting the increase or decrease in size of an existing business improvement area; and
(m)
respecting all other matters for the more effective carrying out of this section.
(13)
Nothing in this section shall preclude the city from the promotion, improvement, beautification or maintenance activities within a business improvement area that are normally provided to the city at large.
(14)
The council may by by-law dissolve a business improvement area and a board of a business improvement area
(a)
upon receipt of a petition by persons qualified to reject the establishment of a business improvement area referred to in subsection (4); and
(b)
where a board has not functioned for more than 1 year. 1988 c47 s2; 2006 cC-17.1 s48 Economic development
99.1
(1) The council may encourage economic development as it considers appropriate, and for that purpose may enter into an agreement with another city, municipality, local service district, agency, person or the government of the province.
(2)
In this section, "economic development" means the continuation, expansion or establishment of a business or industry. Unhealthy areas
100.
(1) Where it appears to the council that within a certain area
(a)
houses, courts or alleys are unfit for human habitation; or
(b)
the narrowness, closeness, and bad arrangement, or bad condition of the streets and houses or groups of houses, or the lack of light, air, ventilation or proper conveniences, or other sanitary defects, are dangerous or injurious to the health of the inhabitants either of the buildings in the area, or of the neighbouring buildings; the council may upon, the passing of a resolution to the effect that the area is an unhealthy area, expropriate the lands and buildings comprised in the area and prepare a scheme for the improvement of the area.
(2)
After 1 month's notice to the owners of the lands and buildings in the unhealthy area, the value of the lands and buildings shall be ascertained by arbitration, as provided in section 96.
(3)
Where the compensation in respect of lands or interest in lands has to be assessed, the estimate of the value of the lands or interests shall be based upon the fair market value, an estimate at the time of the valuation being made of the lands, and of the interests in the lands, regard being had to the nature and the condition of the property and the probable duration of the buildings in their existing state, and to the state of the repair of the buildings, without an additional allowance in respect of the compulsory purchase of the area.
(4)
Where the compensation payable in respect of a house or premises has to be assessed and
(a)
the house or premises are in a condition that is a nuisance, within the meaning of this Act, or are in a state of defective sanitation, or are not in reasonably good repair; or
(b)
the house or premises are unfit, and not reasonably capable of being made fit for human habitation, then the compensation to be paid shall be, in the case referred to in paragraph (a), the amount estimated to be the value of the house or premises as if the nuisance had been abated, or as if they had been put into a sanitary condition or into reasonably good repair, after deducting the estimated expenses of abating the nuisance or putting them into the condition or repair, and shall, in the case referred to in paragraph (b) be the value of the land and of the materials of the buildings on the land, less the cost of the demolition and removal of the buildings. Expropriation
101.
Where under this Act or another Act the council is empowered to expropriate land with or without buildings or an interest, right, or easement in or over land or buildings, sections 6 to 53 inclusive of theExpropriation Act,
shall apply to the expropriation by the council and the compensation payable in respect of the expropriation, the word "council" being substituted for the word "minister" where the latter word appears in theExpropriation Act
and all other necessary changes in wording being made that are necessary to adapt the sections to the purpose of this section. Water supply
102.
It shall be the duty of the council to convey a sufficient supply of wholesome water to the city from Windsor Lake and other lakes that may be necessary, and to distribute the water through the streets of the city and to erect in places that the council may determine fountains for the supply of water, and to establish hydrants throughout the city that the council thinks necessary. Fluoridation of water supply
103.
(1) The council may fluoridate the water to be supplied to the city.
(2)
Before the council may fluoridate the water supply of the city under subsection (1) it shall hold a plebiscite in the city for the purpose of determining the views of the persons entitled to vote under section 14 of the St. John's Municipal Elections Act
on whether the water supply should be fluoridated or not and shall set the date for the holding of the plebiscite.
(3)
Where the result of a plebiscite is against the fluoridation of the water supply of the city, the city shall not fluoridate the water supply unless a later plebiscite is in favour of fluoridation, but a plebiscite shall not be held within 3 years of a previous plebiscite.
(4)
Where the result of a plebiscite is in favour of the fluoridation of the water supply of the city, the council is not bound to fluoridate the water supply.
(5)
A plebiscite held under this section shall be conducted as nearly as possible as is an election of the mayor and councillors of the city under this Act.
(6)
In a plebiscite held under this section only those persons may vote who would be qualified to vote in an election of the mayor and councillors of the city under the provisions of section 13 of the
Control of water bodies
104.
(1) The council shall have possession and control of Windsor Lake, Round Pond, Newfound Pond, George's Pond, Petty Harbour Long Pond, Handy Pond and all lakes and ponds within the catchment area of the Broad Cove River above an elevation of 91.44 metres over mean sea level at the Harbour of St. John's and of the Crown lands within the watershed of those lakes and ponds.
(2)
The council is empowered to construct a dam on the
(3)
Notwithstanding subsection (1), this section shall not apply to Crown lands within the watershed of George's Pond other than the Crown lands with buildings on the land used by the council in connection with the supply of water to the city from George's Pond and any rights of way to those lands and buildings.
(4)
A person shall not erect a building on land within the catchment area of the Broad Cove River above an elevation of 131.92 metres above mean sea level at the Harbour of St. John's but the council may permit the erection on the land of
(a)
a building which is an accessory building to an existing private family dwelling, and for the purpose of this paragraph "accessory building" means a detached building appurtenant to that dwelling and located on the same lot and providing better and more convenient enjoyment of that dwelling;
(b)
an extension to an existing private family dwelling where an extension is necessary to provide adequate living quarters for members of the household living in the dwelling, provided that the extensions shall not exceed in cubic content 1/2 the cubic content of the existing private family dwelling;
(c)
a building to replace an existing building destroyed by fire or an existing building dilapidated 50% or more; and
(d)
a building, or extension to an existing building, subject to the written recommendation of the city manager that a permit be issued for the building or extension. RSN1970 c40 s118; 1975 No66 s5; 1978 c45 s6 Expropriation against pollution
105.
The council shall have power, where necessary, for preventing the pollution of the waters of the lakes and ponds, to expropriate private property to the extent from the margin of the lakes and ponds that may be considered necessary; the compensation to be paid to the proprietors of the land shall be determined by arbitration. Water resources
105.1
Where the council is empowered to make rules, regulations or by-laws respecting watershed protection and water management under this Act, the minimum levels or standards set out in the Water Resources Act
and the regulations made under that Act shall apply. Prohibition in supply area
106.
(1) A person shall not
(a)
place or permit to escape upon land forming part of the watershed of Windsor Lake, Round Pond, Newfound Pond, George's Pond, or another lake or pond from which the water supply of the city is derived, or in or into any of those lakes or ponds, a matter or thing of an offensive or deleterious nature, or calculated to impair the quality of the water for use for domestic purposes;
(b)
drive or permit to wander a horse or cattle across the ice on lakes or ponds, and a person except an authorized officer of the council shall not row or sail a boat upon the waters of those lakes or ponds; or
(c)
cut or remove trees, or shrubs, or other wood upon or from the lands of the council bordering those lakes or ponds, unless that person is an authorized officer of the council or the holder of a written permit from the council for the cutting or removal and a holder of the permit shall not do so otherwise than in accordance with the directions of an officer of the council named in the permit.
(2)
A person shall not erect a building on land within the watershed of the following lakes or ponds from which the water supply of the city is obtained,
(a)
a building which is an accessory building to an existing private family dwelling and for the purpose of this paragraph "accessary building" means a detached building appurtenant to a dwelling and located on the same lot and providing better and more convenient enjoyment of the dwellings;
(b)
an extension to an existing private family dwelling where an extension is necessary to provide adequate living quarters for members of the household living in that dwelling but the extension or the total of all extensions shall not exceed in cubic content 1/2 the cubic content of the existing private family dwelling and the sanitary facilities for use in connection with the extension shall be approved by the city engineer;
(c)
a building to replace an existing building destroyed by fire or an existing building dilapidated 50% or more; and
(d)
a building, or extension to an existing building, subject to the written recommendation of the city manager that a permit be issued for that building or extension.
(3)
A person who contravenes this section shall for the 1st offence be subject to a fine of not less than $25 and not more than $200, and, in default of payment, to imprisonment for a period of not less than 30 days nor more than 6 months, and for a 2nd or subsequent offence to imprisonment for a period of not less than 30 days nor more than 6 months. RSN1970 c40 s120; 1975 No66 s6; 1978 c45 s7 Application of regulations
107.
All building, electrical and plumbing regulations of the city shall apply to extensions and accessory buildings that may be permitted by the council under section 104 or 106. Exemption of regulation
108.
Subsection 104(4), subsection 106(2) and section 107 shall not apply to buildings or mains or utility plant erected or constructed by the council. Power to excavate
109.
(1) For the purpose of laying pipes and mains through the streets, or a branch or service pipes, or a future extension of the water supply, or for the purpose of effecting an examination, alteration, repair, or otherwise carrying out or maintaining the water supply and works, the council may dig, break and trench the streets and squares, public places and lands, in and near the city that may be necessary, observing all proper precautions for the safety and convenience of the public.
(2)
The council may enter upon, excavate, trench, possess and hold as the property of the council, the lands of private parties in or near the city after 3 days' notice in writing to the owner signed by the mayor or city clerk of the council. Power to tunnel
110.
(1) The council or the Newfoundland and Labrador Housing Corporation with the assent of the council shall have power to construct, repair and maintain a tunnel under, across or through the lands extending from Temperance Street to Quidi Vidi Lake in the city, not necessarily following a straight line but following the direction that may be considered expedient, and may lay, repair and maintain water and sewer pipes and mains, and for that purpose shall have power to enter upon, dig, break, excavate and trench the lands and shall upon entry acquire an easement for the tunnels, water and sewer pipes and mains under, across or through the lands.
(2)
Where the tunnel, water and sewer pipes and mains can be constructed and laid without entering upon the surface of lands, it shall not be necessary for the council or the corporation to give a notice of its intention to enter upon the lands and compensation shall not be payable to the owners except for the actual damage caused to the surface of the land or to buildings on the land. Repairing pipes
111.
It shall be lawful for the council, at its cost, with or without the consent of the owner or occupier of a building to introduce branch or service pipes into a building, and also without consent to effect repairs or renewals of existing branch or service pipes, and to collect from the owner the cost of the repairs or renewals. Water receptacle
112.
Every cistern or other receptacle of water, and every closet, soil-pan, and bath, which is supplied with water by the council, shall be constructed and used so as effectually to prevent the waste, misuse, or undue consumption of water, and the flow or return of foul air, or other noisome or impure matter, into the mains or pipes of the council, or into any pipes connected or communicating with them, and the council shall not be bound to supply water into a cistern, or other receptacle for water, closet, soil-pan, or bath which is not so constructed. Offence to use water
113.
A person who obtains or uses the water of the council without consent of its proper officers, or wrongfully wastes water is liable upon summary conviction to a sum not exceeding $20. Misuse of water
114.
Where a person, supplied with water by the council, wrongfully does, or permits to be done, anything in contravention of this Act or the regulations, or fails to do anything which under this Act or the regulations ought to be done for the prevention of waste, undue consumption, or contamination of the water, the council may, without prejudice to another remedy against that person, cut off any of the pipes through which water is supplied to him or her or for his or her use, and may stop supplying that person with water so long as the cause of injury remains or is not remedied. Regulations
114.1
The council may make regulations restricting or prohibiting the use of water in the city for conservation purposes. Placing of pipes
115.
New water pipes or fixtures, and extensions, alterations or additions to old pipes or fixtures, shall be placed and kept as far as possible from external walls, and so placed as not to be exposed to or liable to be affected by the action of frost, or other injury, and so placed that waste of water is not liable to occur without being detected. Service pipes
116.
(1) The owner of a building situated on a portion of the street through which a main water pipe is laid shall be entitled to a supply of water for domestic purposes, and no more, and, on application to the city engineer, to have a service pipe 1.905 centimetres in diameter connecting the building to the water main, the cost of the pipe shall be at the expense of the owner and the owner shall pay for the pipe and installation and all connections and the costs that the council may determine.
(2)
Subsection (1) applies where the building is connected with a sewer and has a proper and sufficient water-closet.
(3)
The cost of repairs to or renewal of the service pipe shall be borne by the owner of the building. Extra pipes
117.
The owner of a building referred to in section 116 may obtain more than 1 service pipe or a service pipe more than 1.905 centimetres in diameter, for an extra supply of water for domestic purposes, upon payment of the cost of installation, and at an annual rental to be determined by the council. RSN1970 c40 s129; 1973 No16 s6 Laying pipes
118.
The city shall not be required to lay a service at a season of the year which in the opinion of the city engineer is not suitable for the performance of the work. Water hydrants
119.
(1) The council shall have power to extend the water main to and to erect hydrants on a waterside premises where it is considered necessary for fire protection.
(2)
The cost of the water main and hydrants beyond the street line shall be borne by the owner of the premises. Inspection of pipes
120.
It shall be the duty of the city engineer, between the months of May and October of each year, for the detection and prevention of waste to examine all water mains and service pipes of the city during the hours from
(a)
by isolating districts of the distribution system and measuring the flow into the isolated districts;
(b)
by inspecting each service cock and testing each one for waste by sound, or by turning the water off and on by the service cock; and
(c)
by other methods that the council considers advisable. Detection of waste
121.
It shall be the duty of the city engineer to inspect the plumbing fixtures of houses where waste of water was detected during the examination referred to in section 120, and to order the repair of service pipes, or the plumbing fixtures where they are found to be faulty. Water meters
122.
(1) The council shall have power to supply 1 or more water meters, at a monthly rental to be fixed and imposed by the council, and to attach the meters to a main or service pipe through which water is supplied to any premises or part of premises where a business is conducted and to make against the owner or occupier of the premises or part of premises a specific monthly charge, in accordance with a scale of charges fixed and imposed by the council and based on quantities of water used, for all water used in the premises or part of the premises as measured by the meters.
(2)
The water tax imposed under section 241 shall not apply to the owner or occupier of any premises or part of premises who is charged under this section for water used in the premises or part the premises. Non-working meter
123.
(1) Where a meter, in the opinion of the city engineer is out of order or where it is temporarily removed for repair or on account of frost or for other similar cause, the council shall determine the probable amount of water consumed and fix an adequate charge for it.
(2)
Where a person interferes with a meter or uses a means or device to prevent proper registration by a meter that person shall be liable upon summary conviction to a fine not exceeding $50 or to imprisonment not exceeding 2 months. Water rates
124.
Water rates in respect of water supplied through a meter shall be payable monthly and accounts shall be rendered accordingly. Recovery of rates
125.
After the expiration of 1 month, where the rates remain unpaid, the city manager shall turn off the supply of water from the premises in respect to which the water rates are payable until the rates are paid, and the council shall have the same remedies for recovering the rates as are provided for recovering the general city taxes. Used hydrants
126.
A person who, unless that person is authorized to do so by the council, draws water from, opens, closes, breaks, or interferes with a fire hydrant, water main or water pipe or meter shall be liable to a fine not exceeding $100 or to imprisonment not exceeding 30 days. Action where arrears 127. (1) Where a tax, fee, levy, assessment, fine or other charge imposed by the council is in arrears, in addition to other remedies that the council has to enforce payment, the council may disconnect the service of a water system, sewage system or water and sewage system provided to the person who owes the tax, fee, levy, assessment, fine or charge to the council.
(2)
Where it is necessary for the purposes of subsection (1), the employees or agents of the council may enter upon real property, whether publicly or privately owned, and at reasonable times enter into the buildings or structures on the real property. Street plan
128.
The plan to the Act 56 Vic., (Special Session) Cap. 1, as amended by the Act 56 Vic., (Session 2) Cap. 14, and the Act 1 Ed.
Marking of streets
129.
For the purpose of marking out and making plainly known the boundary lines of the streets, firebreaks, cross-streets, coves and roads, the council shall put down marks of stone or iron in the places that it considers necessary and the lines of the streets, cross-streets, firebreaks, coves and roads so marked and described shall be the lines and boundaries of them. Removal of landmarks
130.
A person shall not remove landmarks referred to in section 129 without written authority for doing so being obtained from the council; and a person who unlawfully removes, displaces, alters, breaks, defaces or damages, any of the landmarks, shall be liable to a fine not exceeding $25 and costs, and in default of payment to imprisonment for a period not exceeding 30 days. South side street
131.
(1) The council shall prescribe and lay out a line of street on the south side of the harbour of St. John's to a point that may be determined, and shall define the extent, width and boundaries of the line, and shall make a correct plan of the line of street, which plan shall be deposited and preserved in the council's office, and shall, concerning all questions of the extent, width and boundaries of the street, be conclusive evidence of the boundaries.
(2)
On the south side of the street referred to in subsection (1), to be called
Promenade
132.
The property known as "The Promenade" situated on the south side of and adjoining Water Street West in the city and lying between the property of the Canadian National Railway Company and Water Street West and extending from the roadway across the Long Bridge to the westerly limits of the property formerly owned by the St. John's Gas Light company is declared to be vested in the council with power by resolution
(a)
to dedicate a part of the lands as a public street or place; and
(b)
to sell, lease, use or deal with the land or a part of the land as it considers appropriate. New streets
133.
When the council has decided to open a new street and has published in the Gazette
and 2 city daily newspapers a proclamation to that effect the street shall then vest in the city in perpetuity. Digging up streets
134.
A person shall not dig or tear up a pavement, or dig a hole, ditch, drain or sewer in a street, without having obtained a permit from the city engineer. Duty of person digging
135.
It shall be the duty of a person digging or tearing up a pavement or digging a hole, ditch, drain or sewer in a street as speedily as possible to repair and put the pavement or street in as good order as before, and the person shall keep the surface of the street where the work is done in good condition to the satisfaction of the city engineer for the period that the council may require but the period shall be at least 12 months from the date of the issue of a permit under section 134. Lighting
136.
A person obtaining a permit to make an examination or opening in or near a street, shall at night sufficiently and continuously light the excavation or opening and shall in addition at all times enclose or secure the excavation or opening by a fence or barrier. Approval of poles, sewers, etc.
137.
A person or company shall not erect, keep, or repair a telegraph, telephone, or electrical light or power pole, or shall not lay, keep, or repair a sewer or gas pipe, on or in the streets of the city, unless the location, material, dimensions and form of the telegraph, telephone, electrical light, power pole, sewer or gas pipe, and the mode of conducting the repair of the telegraph, telephone, electrical light, power pole, sewer or gas pipe, is approved by the city engineer. Penalty
138.
A person who contravenes or fails to comply with sections 134 to 137 shall be liable to a fine of not less than $10 for every day during which the contravention or failure to comply continues. Permits re cables, pipes
139.
(1) The council may where it considers it desirable and appropriate, grant a permit to a person or company to lay cables and conduit pipes underground through the streets within the city limits, and for that purpose to dig up streets and erect telegraph and telephone poles and wires along and on the streets, and shall have power to impose those conditions and restrictions upon the laying, digging and erecting that may be necessary.
(2)
The council may impose, fix, raise and collect from persons to whom a permit referred to in subsection (1) is granted, an annual or special charge or tax for the permit and the charge or tax shall be imposed, fixed, raised and collected in the same manner as other special and annual taxes or charges under this Act. Street names and numbering
140.
(1) It shall be the duty of council to name new streets and to change the name of streets where the change is considered advisable. (1.1) The council may require the owners of all houses and buildings within the limits of the city to attach, in a visible place, the numbers assigned by the council to those houses and buildings. (1.2) The council may by regulation establish an appropriate form and size for that numbering.
(2)
The council shall affix upon the building or erection at each end of every street a plate containing the name of the street.
(3)
A person convicted of altering or defacing a number or plate shall be subject to a fine not exceeding $5, or to imprisonment for a term not exceeding 1 week.
(4)
It is unlawful for an owner or occupier or a person to place or keep on a building or structure appurtenant to a building a plate, placard, sign or mark indicating a number for that building unless the plate, placard, sign or mark and the placing of it and the number indicated on it has been approved by the council.
(5)
An employee of the council or a person authorized by the city engineer is entitled to enter on land for the purpose of placing on a building or structure on the land a plate, placard, sign or mark indicating a number for the building or for the purpose of removing or replacing a plate, placard, sign or mark or removing a plate, placard, sign or mark unlawfully placed by a person. RSN1970 c40 s152; 2009 c39 s3 Sidewalk width
141.
(1) Sidewalks, for the use of pedestrians, shall be not less than 3.048 metres wide on streets of 18.288 metres wide or upwards.
(2)
On streets of lesser width than 18.288 metres, the council shall determine the width of the sidewalks. Sidewalk construction
142.
(1) The council shall have power to determine the material with which the sidewalks of a new or existing street or portion of the city shall be covered, and shall, where it seems desirable, cover the sidewalk with brick, concrete, wood or asphalt, or other permanent material, and shall keep the sidewalk in good repair.
(2)
One-half of the cost of the construction and repair, including the cost of the curb and gutter, shall be borne by the city, and the other half of the cost shall be paid by the owners of the properties abutting on the sidewalk so covered, according to the respective areas of the sidewalk abutting on each property.
(3)
The cost of covering the part of a sidewalk situated at the intersection of 2 streets, and common to both, shall be borne wholly by the city.
(4)
The owners of premises on Water Street along the front of which sidewalks of concrete or other similar material have been laid shall keep the sidewalks in front of their premises in good repair, and where an owner fails to do so within 1 month after notice given by the city engineer, the council shall have power to effect the repair, and to recover the cost of the repair from the owners in an action for work and material supplied. Power re streets
143.
The council shall have power
(a)
to widen, straighten, extend or otherwise alter an existing street and for that purpose to remove a building, wall or fence and to expropriate land required for that purpose;
(b)
to regulate and adjust the levels of all streets and sidewalks;
(c)
to close a street temporarily for the purpose of repairs or removal of snow, ice or obstructions for a reason considered necessary by the council, and to prescribe the class of traffic which may use the street, and to prohibit the use of the streets or a specified street in the city by a vehicle which is not equipped with snow tires or tire chains on the rear wheels of the vehicle; and to close a street either temporarily or permanently where the council considers it necessary to do so in the public interest; and
(d)
to sell, lease, or dispose of the land forming a street which has been closed permanently by the council under paragraph (c). Pedestrians
144.
(1) Subject to the Highway Traffic Act
and regulations made under that Act, the council may establish all or a part of a street in the city solely or principally as a pedestrian promenade, prohibit the use of the street by vehicles or a specified class of vehicles, except to the extent or for the period that may be specified, and permit obstruction of the promenade in the manner, at the times and to the extent that the council may consider desirable.
(2)
Subject to the Highway Traffic Act
and regulations made under that Act, the promenade shall be under the management and control of the council or the authority referred to in subsection (4).
(3)
The council may assess and impose annually the cost of establishing, operating and maintaining a pedestrian promenade in the city upon every person occupying, in whole or in part, a building or building site or land for a commercial purpose or other uses abutting on a pedestrian promenade in proportion to the annual rental value of the building or portion of the building or building site so occupied.
(4)
The council may establish an authority to be known as "The Pedestrian Promenade Authority of the City of St. John's", in this section called the "authority", and may, subject to the Highway Traffic Act
and regulations made under that Act, entrust to the authority the construction, maintenance, control, operation and management of pedestrian promenades within the limits of the city.
(5)
The authority shall consist of 5 members, each of whom shall be a person qualified to be elected a member of the council and to be appointed by the council on the affirmative vote of at least 4 members of the council present and voting, and the members of the authority so appointed shall hold office for 3 years.
(6)
Where a vacancy in the authority occurs, the council shall appoint immediately a person qualified as set out in this section to be a member of the authority, who shall hold office for the remainder of the term for which his or her predecessor was appointed.
(7)
A member of the authority is eligible for reappointment on the expiration of his or her term of office.
(8)
Upon the passing of the by-law establishing the authority, all the powers, rights, duties, obligations, authorities and privileges conferred on and duties imposed on the council by this section with respect to the construction, maintenance, operation and management of pedestrian promenades shall be exercised by the authority, but subject to the Highway Traffic Act
and regulations made under that Act and to limitations that the by-law may provide.
(9)
Notwithstanding a by-law enacted by the council under this section and notwithstanding the powers of an authority appointed by the council by by-law under this section, a pedestrian promenade may be immediately disestablished upon a resolution of the council to that effect, and at that time the area established as a pedestrian promenade shall no longer continue as a pedestrian promenade and this section or a by-law enacted under this section shall not apply to the area.
(10)
Except as provided by this section, nothing in this section shall take away, restrict or transfer, or be considered to take away, restrict or transfer, any rights of the council, statutory or otherwise. Pavement, curbs, gutters
145.
(1) The council has power
(a)
to pave an unpaved existing street or a new street within the city limits with stone, brick, concrete, tar, macadam, wood blocks, asphalt or other similar material of a more or less permanent character; and
(b)
to lay curbs and gutters of concrete, brick, stone or other material of a more or less permanent character.
(2)
The cost of paving a new street or the laying of curbs and gutters, which forms part of or is made in connection with a subdivision of land, shall be paid for in the manner provided in section 390.
(3)
The cost of paving a street under subsection (1) shall be assessed by the council against and paid by the owners of the land fronting on the street so paved in the proportions that the frontage of the land of an owner bears to the total length of the land fronting on both sides of the street, or where part only of a street is paved, the total length of the land fronting on both sides of the part so paved.
(4)
One-half the cost of laying curbs and gutters under subsection (1) shall be paid by the city, and the other half by the owners of the land fronting on the curb and gutter in the proportions that the frontage of the land bears to the total length of the curb or gutter so laid, but the city shall pay the entire cost of laying curbs and gutters at the portions of the sidewalks that are wholly chargeable to the city under section 142.
(5)
Where land is situated at the junction of and abuts on 2 streets both of which are paved by the council or along both of which curbs and gutters are laid, the owner of the land shall be exempt from liability for the cost of paving or the laying of curbs and gutters along 1 of the streets to the extent of 24.384 metres.
(6)
Without limiting other rights vested in the council by law, section 281 applies to the costs due to the council under this section. Water Street reconstruction
146.
(1) The council shall have power to rebuild and reconstruct Water Street extending from Hutchings Street to Cochrane Street and the sidewalks and curbs and gutters of that area and to pave the street and sidewalks with stone concrete, tar macadam, asphalt or other similar material.
(2)
One-half of the cost of rebuilding, reconstruction and paving referred to in subsection (1), including underground and foundation work necessary for the proper construction and support of the street and sidewalks, shall be borne by the owners of the properties abutting on the street; and each property abutting on the street shall be assessed and the owner shall pay to the council 1/2 of the proportion of the total cost of the works that the length of frontage of the property bears to the total length of the property frontages on the street.
(3)
The certificate of the city engineer as to the total cost of the works in subsection (2) and the total property frontages on the street shall be conclusive for the purpose of the assessment and, the assessment shall become payable at the time and in the manner that the council determines and shall bear interest from the date when due at the rate of 4% a year.
(4)
The works in subsection (2) shall be considered to include and to have included replacements, renewals, and repairs of water and sewer mains in the street and water and sewer services in the street extending from the mains to the street lines of the street, which replacements, renewals, or repairs are or were in the opinion of the city engineer necessary for the continuing support and maintenance of the street.
(5)
The council shall have power to rebuild and reconstruct that section of
(6)
One-half the cost of rebuilding, reconstruction and paving referred to in subsection (5), including underground and foundation work necessary for the proper construction and support of the section of the street and sidewalks shall be borne by the owners of the properties abutting on the section of the street, and the cost shall include expenditures on or contributions towards the rebuilding and reconstruction of the section of the street by the Government of the United States of America or a department of that government, or by the Government of Canada or the province or a department of either government and each property abutting on the section of Water Street shall be assessed and the owner shall pay to the council 1/2 of the proportion of the total cost of the works that the length of frontage of the property bears to the total length of the property frontages on the section of the street.
(7)
The certificate of the city engineer as to the total cost of the works in subsection (6) and the total property frontages on the section of the street shall be conclusive for the purpose of assessment and, the assessments shall become payable at the times and in the manner that the council determines and shall bear interest from the date when due at the rate of 4% a year.
(8)
The works in subsection (2) shall be considered to include and to have included replacements, renewals, and repairs of water and sewer mains in the street and water and sewer services in the street extending from the mains to the street lines of the street, which replacements, renewals, or repairs are or were in the opinion of the city engineer necessary for the continuing support and maintenance of the street. Street encumbrances
147.
The council shall have power to remove encumbrances from the streets, and to prevent an obstruction or encroachment. Restriction re fuel pumps
148.
A gasoline or fuel oil pump for providing or servicing motor vehicles with gasoline or fuel oil shall not be erected or placed in or on a street or sidewalk in the city or in or on a street or sidewalk within 1.6 kilometres of the limits of the city. Penalty for obstruction
149.
(1) A person shall not, within the city limits place or deposit on a street or sidewalk, except in transit, boxes, barrels, packages, or other matter or thing, so as to obstruct free passage on the street or sidewalk.
(2)
A person who contravenes subsection (1) is guilty of an offence and liable to a fine not exceeding $25, or imprisonment for a period not exceeding 30 days. Building permits
150.
(1) A person shall not within the city limits place or leave mortar, lime, sand, bricks, timber or other material for building or sift and screen lime, in a street, without a permit from the city engineer, who may grant the permit on the conditions that he or she thinks appropriate for securing the safety and convenience of the public.
(2)
A person who contravenes subsection (1) shall be subject to a penalty not exceeding $25, or imprisonment for a period not exceeding 30 days. Obstructing coves
151.
(1) A person who encumbers, makes erections across, or obstructs a public cove, or the waters of a cove, shall be liable to a penalty not exceeding $10, or to imprisonment for a period not exceeding 10 days.
(2)
Subsection (1) shall not be held to affect the right of parties to have vessels or boats at wharves adjoining the public coves for the purpose of loading or discharging cargoes. Water drainage
152.
An owner of a building or premises shall not permit water or other fluid matter to be discharged or to escape from the building or premises, through or upon a street but an owner is required to provide a properly constructed underground drain for conveyance of that water into a public sewer. Snow removal
153.
(1) The occupant of a building or land situated on Water Street, Duckworth Street, New Gower Street or Job Street, shall remove all snow and ice from the roof of the building and from the sidewalk and surface drain in front of the building or land within 12 hours after the snow or ice has fallen or formed on the roof and shall deposit the snow within that time in the waters of the harbour of St. John's or other place named by the council for that purpose.
(2)
Where a building or land is unoccupied, the owner shall be considered to be the occupant for the purpose of this section.
(3)
A person who contravenes this section is liable to a penalty not exceeding $20 or, in default of payment, to imprisonment for a period not exceeding 30 days. Water
154.
The council shall have power to make rules and regulations to compel the owner of a building abutting on a sidewalk to
(a)
connect a spout or rain conductor, discharging upon the sidewalk with a drain or sewer leading from the building to which the spout or conductor is attached; and
(b)
provide those hatch-coverings, coal chutes, or cellar openings that may be required, and shall keep them level with a sidewalk, and in good repair. Care of public trees
155.
The council shall have charge and care of trees in the streets, and the planting of new trees shall be subject to its control and supervision. Planting of public trees
156.
The council may authorize a person to plant trees on a street, subject to the directions of the city engineer. Trimming trees
157.
(1) A person, other than the council or its employees, shall not cut down, trim, or remove trees on a street.
(2)
A person who injures or destroys a tree shall be subject to a fine of not less than $5 or more than $50, for every offence. Overhanging trees
158.
Where a part of a tree standing on private property interferes with the public use of a street, the council may trim the tree to the vertical line of the street. Fence vacant lots
159.
(1) The owner or occupier of a vacant lot abutting on a street shall fence the lot within 14 days after receiving notice to do so from the council, and shall maintain the fence in good repair.
(2)
The council shall have power to prescribe the height and description of a fence to be erected.
(3)
A person who contravenes or fails to comply with this section, shall be subject to a penalty not exceeding $5 for every day during which the contravention or failure to comply continues, or the fence may be erected by the council and its cost recovered from the owner. Drinking fountains
160.
(1) The council may erect, or may grant permission to a person or society to erect drinking fountains in a street or public space in the city.
(2)
The location, the design and the supply of water shall be under the direction of the council. Prohibition re crossing
161.
A car or vehicle shall not remain stationary on the crossing of a street. Regulations
162.
The council may
(a)
regulate or prohibit the unnecessary ringing of bells, the blowing of whistles by locomotives, factories and steamboats, the use of noisy vehicles in the streets, or the making of unnecessary noises in the city;
(b)
prohibit or regulate and license the sale of articles in the streets and public places;
(c)
regulate and prescribe the width of tires on the wheels of vehicles used in the city, and the maximum weight of a load to be drawn over streets, and to direct upon what streets laden vehicles may be drawn and from what streets the vehicles shall be excluded;
(d)
license and regulate or prohibit the posting of bills or placards and the erection or display of advertisements;
(e)
make regulations for the placing of awnings, signs and showboards; and to abate as nuisances awnings, signs, or showboards placed so as to contravene the regulations;
(f)
regulate or to prohibit the carrying on within the city or within 1.6 kilometres of the city of trades or businesses which in the opinion of the council do or may create a nuisance either to persons in their neighbourhood or to the general public;
(g)
make rules, regulations and by-laws relating to the licensing of plumbers, the plumbing of buildings and the inspection of the plumbing and to apply the rules, regulations or by-laws within 1.6 kilometres outside the limits of the city as well as within the limits of the city and existing rules or regulations of the council so applied shall be considered to have been validly made and applied;
(h)
establish pounds for the impounding of horses, horned cattle, sheep and swine or other domestic animals which may be found straying, or at large, in the streets or parks of the city, including Bowring Park, or in an open field or common from which free access can be had and to fix a tariff of fines and rates to be paid at the pounds, and to authorize the impounding of animals straying or being at large, and the sale of the animals for the penalties and expenses of impoundings and for compensation for damage done by the animals to property of the city;
(i)
prohibit or regulate or prevent the ringing of bells and chimes, blowing of horns, beating of drums and other noises calculated to disturb or be an annoyance to persons;
(j)
prohibit or regulate or prevent the firing of guns or other firearms and the firing off of fireballs, squibs, crackers or fireworks and for preventing charivaries and other similar disturbances of the peace;
(k)
prohibit or regulate or prevent the use of catapults, slings, bows and arrows and other weapons; and
(l)
prohibit or regulate or prevent the blasting, use and storage of dynamite and other explosives. RSN1970 c40 s177; 1975 No66 s8 Sidewalk traffic
163.
A person shall not within the city limits draw, drive, or carry a truck, sleigh, wheelbarrow, bicycle or other vehicle in or upon a sidewalk, except directly across the sidewalk on necessary occasions, or lead, ride, or drive on a sidewalk a horse or other beast, except directly across the sidewalk and on necessary occasions, or tie or fasten a horse, or other beast, or allow the horse to stand, on or across the sidewalk, under a penalty not exceeding $25, or imprisonment for a period not exceeding 30 days. Vehicle identification
164.
(1) All vehicles used on the streets of the city for commercial purposes, shall have the owner's name printed in full on some conspicuous part, in letters of not less than 5.08 centimetres, and painted in white on a black ground or in black on a white ground, under a penalty not exceeding $10.
(2)
A cartage contractor and a trucker who uses more than 1 vehicle shall mark and keep marked on each vehicle, in addition to the name of the owner of the vehicle, an identifying number which shall distinguish each vehicle from all other vehicles in the use of the contractor or trucker. Rules of the road
165.
(1) All carriages, motor cars, carts, wagons, sleighs and other vehicles shall, by the person in charge of them, on meeting another carriage, motor, car, cart, wagon, sleigh or other vehicle, be conducted and kept on the right side of the street, as far as the state of the street will permit, and each person conducting a vehicle shall give 1/2 of the street to the other, under a penalty not exceeding $10.
(2)
A carriage which is driven or is on a street within the city limits during the period between 1 hour after sunset and 1 hour before sunrise shall be provided with lamps which shall be so constructed as to exhibit a light in the direction in which the carriage proceeds, and so lighted and kept lighted as to afford adequate means of signalling the approach or position of the carriage.
(3)
The owner of a carriage who allows a carriage to be driven or to be on a street without lamps, in accordance with subsection (2), shall be liable to a penalty not exceeding $10 for every offence.
(4)
The driver or other person in charge of a carriage provided with lamps, in accordance with subsection (2), who drives the carriage, or allows the carriage to be driven or to be upon a street, shall, where the lamps are not placed, lighted and kept lighted in the manner and during the period prescribed by this section, be liable to a penalty not exceeding $10 for every offence.
(5)
For the purpose of this section the term "carriage" shall include a wagon, van, carriage, motor car, chaise, buggy, dogcart, cab, omnibus, char a banc, wagonette, brake, stagecoach, tramcar, or other similar conveyance, and a bicycle, tricycle, velocipede, or other similar machine, but not common carts or drays, or sleighs, however nothing in this section shall be held to alter, vary or affect an existing law relating to motor vehicles. Removal of vehicles
166.
(1) Where a vehicle is
(a)
standing upon a street in a position that it may
(i)
cause serious interference with traffic,
(ii)
constitute a hindrance to the maintenance, repair or improvement of the street,
(iii)
hinder or impede the ploughing of or removal of snow or ice from the street, or
(iv)
hinder or impede the carrying out of an undertaking of the council; or
(b)
apparently abandoned upon a street for longer than 24 hours, the vehicle may be removed from the street at the direction of an official or supervisor of the city and detained in the council yard or in another place that may be designated by the council until payment by the owner to the city of the costs, charges and expenses provided by subsection (2) of this section.
(2)
The owner of a vehicle removed by the city under subsection (1) shall pay to the city all costs and expenses incurred by the city in connection with the removal and in addition a charge fixed by the council not exceeding $3 a day for each day or part of a day during which the vehicle remains in the possession of the city.
(3)
Where a vehicle belonging to or in use by the city is employed in effecting removal of the vehicle under subsection (1), the costs and expenses of removal payable by the owner shall be equivalent to the ordinary reasonable charge which would be made by a garage operator if the removal were effected by a truck of a garage operator engaged by the council for the purpose of removal.
(4)
Where the owner does not pay to the city all costs, charges and expenses as provided by subsection (2) within 30 days from the date of removal from the street of the vehicle, the city may sell the vehicle by public auction of which not less than 7 days' notice has been advertised in a daily newspaper in the city, and shall pay to the owner the proceeds of the sale after deducting the costs of sale and advertising and all costs, charges and expenses payable by the owner to the city under subsection (2).
(5)
Where a sale of the vehicle is not effected at the auction referred to in subsection (4), a 2nd auction shall be held of which not less than 7 days' notice shall be given as in subsection and where a sale is not effected at the 2nd auction, the vehicle shall become the absolute property of the city and may be dispensed of in a way the council considers appropriate.
(6)
An action or other legal proceeding in respect of anything done under this section does not lie against the council or an official or employee of the council, where the action or other proceeding is not based on malfeasance or misfeasance. Vehicles for hire
167.
The council shall have power
(a)
to control and regulate the use of vehicles plying for hire within the city limits, including power to restrict the classes of persons who shall be permitted to ply for hire with particular kinds of vehicles for the conveyance of passengers and for the transport of goods within the city limits;
(b)
to fix the number of vehicles permitted to ply for hire within the city limits;
(c)
to inquire into and decide upon the fitness of individuals belonging to the permitted classes to receive a licence to carry on business and into the fitness of each vehicle used or to be used in the business;
(d)
to require a person permitted to carry on business, in this section called a licensee, to take out an annual or temporary licence;
(e)
to fix the fee to be paid for the licence and the terms and conditions upon which the licence shall be held;
(f)
to set apart in or adjoining the streets of the city stands for the use of licensees and regulate the use of those stands;
(g)
to prohibit a person other than a licensee from driving a vehicle for hire within the city limits;
(h)
to fix and establish a scale of fares, rates and charges to be paid to licensees and provide a summary method of recovery of them;
(i)
to fix and prescribe the duties and regulate the conduct of licensees in relation to the public and the rights and duties of the public in relation to licensees in all matters pertaining to their business; and
(j)
to fix and impose appropriate fines for the breach or non-observance of rules and regulations made in the exercise of the powers under this section. Scales of fares
168.
(1) The council may, in by-laws or regulations, fix and prescribe a scale of fares, rates and charges which shall be paid to licensed cab-drivers, driving within a radius of 19.2 kilometres from the city hall in St. John's.
(2)
A cab-driver shall not charge or be entitled to recover a fare in excess of those in the scale provided.
(3)
Licensed cab-drivers in this section shall include the drivers of motor vehicles for hire. Control of bicycles
169.
The council shall have power by rules, regulations or by-laws
(a)
to regulate and control the operation of bicycles in the city;
(a.1)
to regulate and control the use of skateboards in the city;
(b)
to require all residents in the city owning and using a wheeled vehicle of any kind or class, other than a motor vehicle and a trailer as defined in the Highway Traffic Act
, to obtain a licence before using it in or upon streets of the city;
(c)
to limit the weight or size of loads that may be carried on the bicycles; and
(d)
to regulate the issuing of licences and the collecting of fees for the licences, which annual fee shall not exceed $10 for each licence; and
(e)
to fix different scales of fees for different vehicles. 1975 No66 s9; 1996 cR-10.1 s11 Rules and regulations
170.
(1) The council shall have power to make rules and regulations
(a)
to compel and to govern the erection, location, maintenance and removal of wires, pipes, conduits or tubes upon, along, from and under the streets;
(b)
for the registration and licensing of persons engaged in the business of electric wiring and the manner in which electric wiring shall be done and the character of materials to be employed, and prescribing the fees to be paid for licences;
(c)
to compel and to govern the removal of snow and ice from sidewalks, gutters, houses, yards and parking lots; and
(d)
in respect to winter maintenance of roads and snow clearing, including regulations which
(i)
prohibit or control parking during winter months,
(ii)
prohibit or control the erection of structures which impede or hinder winter maintenance of roads and snow clearing, and
(iii)
prohibit or control the deposits of snow on sidewalks and public roads.
(2)
The council shall have power under regulation to fix, prescribe and impose the fees for licences or permits for the performance or installation of the matters referred to in subsection (1) and to prohibit the performance or installation without licences or permits.
(3)
The council shall have power to apply the rules and regulations within 1.6 kilometres outside the limits of the city as well as within the limits of the city and existing rules or regulations of the council so applied shall be considered to have been validly made and applied. RSN1970 c40 s185; 1971 No14 s2; 1971 No70 s3; 1996 c18 s2 Board etc. appointed
171.
(1) The council shall have power to appoint boards and officials for the purpose of carrying out the powers vested in the council under this Act and to delegate to that board or officials those powers for the purpose that the council may consider appropriate.
(2)
A board or official appointed by the council shall have power to prescribe and hold tests and fix qualifying standards for the examination of persons applying for licences and to make recommendations to the council in respect of applications for licences based on the results of the tests and the council shall have power to act on the recommendations and to grant or refuse a licence accordingly. Sewage control
172.
(1) The council shall have power to direct and control the sewage of the city; to construct and maintain, repair, open, or alter sewers, drains, catch-pits and gullies. (2) The council shall have the power to control and manage, at source, the discharge of prohibited materials into the sanitary sewer and storm water sewer systems including the power to (a) protect the integrity of the sewage collection system, pumping stations and the treatment facility, (b) ensure municipal wastewater meets provincial effluent criteria, (c) provide for the sampling, inspection and monitoring of the discharge of materials to the sanitary sewer and storm water sewer systems, and (d) establish Codes of Practice for designated sector operations. (3) Regulations or by-laws made with respect to the powers set out in subsection (2) shall provide that the more stringent requirements of the by-laws or regulations made with respect to that subsection and the Environmental Control Water and Sewage Regulations, 200 3, made under the Water Resources Act , shall apply. RSN1970 c40 s187; 2008 c10 s2 Installation of sewer
173.
(1) The council is empowered to install a main sewer pipe line in or in the vicinity of Portugal Cove Road lying outside the boundaries of the city and within 1.6 kilometres of the city and to connect that sewer pipe line with the sewer system of the city.
(2)
The council may permit an owner or occupier of land or building situated on or in the vicinity of Portugal Cove Road to connect a branch or service sewer pipe to the main sewer pipe line on the terms as to payment and subject to the conditions that the council in its discretion may determine. Sewage tax
174.
Where a public sewer is built on a street, every owner of vacant land suitable for building purposes on either side of the street shall pay to the city towards the cost of construction of the sewer, the proportion of the cost of the sewer as the frontage of the land bears to the entire frontage of the street on which the sewer is so built. Exemption
175.
A vacant lot suitable for building purposes situated at the intersection of 2 streets, in each of which a sewer is constructed, shall be considered to front on both streets, but shall be exempt from liability on 1 of the streets to the extent of 24.384 metres. Private drains
176.
A private drain connecting with a public sewer shall be constructed and maintained at the expense of the owner of the property, but subject to the supervision and control of the city engineer. Offence
177.
A person shall not
(a)
injure or, without permission of the council, remove a portion of a catch-pit, receiving basin, covering flag, manhole, vent shaft, grating or another part of a sewer or drain; or
(b)
obstruct the flow of water in a sewer or drain, or permit a substance to flow into a sewer or drain, which forms a deposit in the sewer or drain, or has a tendency to obstruct the sewer or drain, or discharge a stream into any sewer. Penalty
178.
A person who contravenes or fails to comply with section 177, shall for each offence, be liable to a fine not exceeding $50, and in default of payment to imprisonment for a period not exceeding 60 days. Liability liable for
179.
The city shall not be liable for a loss or damage to property resulting from flooding by water occasioned by rainstorms or thaws, or the breaking of a water main or sewer pipe for a cause over which the city has no control. Nuisance
179.1
The city if not liable for a nuisance. Public water
180.
The council shall build public water closets, baths, catch-basins, and wash-houses in the localities that it may consider advisable. Private sewage house
181.
Every house within the city situated within 15.24 metres of the public drain or sewer shall be connected with the general water and sewage system, and in or appurtenant to every house there shall be constructed and maintained 1 or more proper and sufficient water closets as shall be determined by the council subject to the approval of the city engineer, who will decide as to the efficiency of them. Penalty
182.
(1) Where it is brought to the knowledge of the city engineer that a house is not connected with the water and sewage system or is not supplied with a closet as required, the city engineer shall serve upon the owner of the house a written notice requiring the connecting with the water or sewage system and the construction of a sufficient closet within 3 months from the service of the notice, and where at the expiration of that time the connection has not been made and the closet has not been constructed
(a)
the owner shall be liable to a penalty not exceeding $5 a day for every day during which the default has continued, to be recovered by action before a Provincial Court judge; or
(b)
where it is proven to the satisfaction of the council that the owner of the house is unable to pay the cost of the sanitary improvements required it shall be lawful for the council to connect the house with the general water and sewage system by constructing, laying and introducing branch pipes with taps and other appliances that may be necessary for introducing the water from the council's water pipes and for carrying off sewage into the council's main drain or sewer; and to construct upon the premises or within the grounds of the premises sufficient water closets, troughs, or sinks in the manner and in the places that to the council seem most desirable, and the cost of the connection shall be repaid to the council in the manner provided in section 184.
(2)
This section shall not apply to a house which in the opinion of the city engineer, because of insufficiency of structure or decay, is unsuitable for the installation of a water-closet and water and sewage connection. Insurance
183.
The council shall insure against loss or damage by fire the closets and fittings installed under section 182 to the full value of them until the amount spent has been paid. Payment
184.
For the purpose of providing for the repayment of amounts that may be spent under section 182 in the making of water and sewage connections and constructing water-closets, troughs and sinks, the council may assess upon the premises in which the works have been performed, and the owner shall pay to the council a sum which, by equal annual instalments that may be determined by the council, will suffice to liquidate within a period not exceeding 20 years, or a lesser period that may be agreed between the council and the owner, the cost of the works, together with the fire insurance premiums of the closets and fittings, and interest at a rate to be fixed by the council. Cost assessed 185. The cost of con |