Commonly Requested By-laws

The list below contains the most commonly requested by-laws. All other by-laws, amendments and schedules are available by request through the City Clerk's Office at 613-968-6481 or clerksoffice@belleville.ca.

For general inquiries about the by-laws listed, please contact our general administration at 613-967-3200 ext. 2919 or bylawenforcement@belleville.ca. Hours of operation are Monday through Friday from 8:30 a.m. to 4:30 p.m. 

The Animal Control By-law outlines the responsibilities of pet owners when it comes to licensing, regulation and registration of their pets.

Please note that animal control is overseen by Pierce Animal Control Services on behalf of the City. Complaints and inquiries are accepted through the live answering service at 613-966-4483.

By-law 2005-2067 – A By-law to Provide for the Licensing, Regulation and Registration of Dogs Within the City of Belleville

Whereas the Municipal Act, 2001 authorizes the Councils of municipalities to pass by-laws with respect to animals;

And Whereas City Council considers it advisable to pass such a by-law;

Now Therefore the Council of The Corporation of the City of Belleville enacts as follows:

Section 1 – Definitions

For the purpose of this by-law:

"Control" means at all times the ability to manage, direct, restrict, and restrain the movements of a dog.

"Corporation" shall mean the Corporation of the City of Belleville; "City" has the same meaning.

"Dog" shall mean any member of the species Canis Familiaris.

"Domestic Animal" shall mean and include a dog, a cat, or other animals normally kept as a household pet.

"Domestic Fowl" shall mean and include chickens, geese, ducks, turkeys, other poultry, and their young; also includes game birds as defined in the Game and Fish Act.

"Dwelling Unit" shall mean a room or suite of two or more rooms designed for use by an individual or family, with private culinary and sanitary conveniences and a private entrance. Excludes hotels, motels, boarding/rooming/lodging houses, recreational vehicles, or mobile homes.

"Guide Dog" shall mean a professionally trained guide dog for blind, visually impaired, or physically disabled persons, qualified under the Blind Person’s Rights Act and shall also include a dog professionally trained as a guide dog for other physically disabled persons.

"Injured" in respect of livestock or poultry shall mean injured by wounding, worrying or pursuing. Injured and injuring shall have a corresponding meaning.

"Kennel" shall mean premises other than a pet store, veterinary hospital or clinic, animal shelter or property that is operating a legitimate fostering program for dogs or cats under the authority of the Society, in which the predominant activity consists of the raising, boarding or training of dogs.

"Leash" shall mean a restraining device of sufficient strength and material for holding a dog.

"Leashed" shall mean a restraining device securely attached to the dog and the person or object.

"Licence" for the purpose of this By-law shall be deemed to be the receipt issued by the Treasurer of The Corporation of the City of Belleville or his authorized agent, upon payment of the appropriate tax or licence fee.

"Medical Officer" shall mean the Medical Officer of Health for the Hastings and Prince Edward Counties Health Unit.

"Municipal Law Enforcement Officer" shall mean a Police Officer, a Municipal Law Enforcement Officer for the City of Belleville or anyone acting under his authority.

"Muzzle" shall mean a humane fastening or covering device of adequate strength over the mouth to prevent a dog from biting and muzzled and muzzling have corresponding meanings.

"Owner" shall include any person who possesses or harbours dogs and owns or owned shall have a corresponding meaning and shall include the person or persons who are temporarily the keeper of dogs and, where the owner is a minor, the person responsible for the custody of the minor.

"Person" shall mean any individual, firm, incorporated group, business entity or club to whom the context can apply.

"Police Work Dog" shall mean a dog trained to aid law enforcement officers and is actually being used for police work purposes for the protection of the public, including the investigation of crime and the apprehension of law violators.

"Pound" shall mean such premises and facilities designated by The Corporation of the City of Belleville as a City Pound.

"Pound Keeper" shall mean a person, persons, association or society appointed by The Corporation of the City of Belleville to maintain and administer the pound.

"Restrained" shall mean being kept inside a building or house or in an enclosed pen of sufficient dimensions and strength to be humane or leashed to prevent a dog from coming in contact with persons other than the owner of the dog.

"Running At Large" means, in the case of a dog, being in a place other than a property or premises owned or occupied by the owner of the dog and not under the control of any person and "run at large" and "at large" shall have corresponding meanings.

"Society" or "Humane Society" shall mean "Quinte Humane Society".

"Waste" shall mean:

  • waste matter sent out from the body (excrement), or
  • a solid waste matter sent from the body (faeces).

"Vicious Dog" shall mean a dog that, without provocation, has bitten a person, domestic animal or domestic fowl.

"Zoning By-Law" means a by-law passed under Section 34 of the Planning Act that restricts the use of land.

Section 2 – General Interpretation

For the purpose of this by-law:

  • Words importing the singular number or the masculine gender only, includes parties or things of the same kind and females as well as males and the converse.
  • THIS or other words importing the singular number, or the masculine gender only shall include more persons, parties or things of the same kind than one, and females as well as males and the converse.
Section 3 – Licensing

It shall constitute an offence for an owner of a dog to fail to cause the dog to be registered, numbered, described and licensed at City Hall of The Corporation, or such other place as may be designated by resolution of Council of The Corporation, annually on or before the 1st day of January in each year.

  • The fee payable for each licence shall be in accordance with Schedule "A" of this by-law, as amended from time to time.
  • Fees shall increase as per Schedule "A" for a licence that is applied for after the last day of March each year. This shall not be deemed to apply to dogs that fall under the provisions of Subsection 3.3. iii) of this Section.

It shall constitute an offence for an owner of a dog born in the City to fail to licence and register the dog within six (6) months after its date of birth.

It shall constitute an offence for an owner of a dog to fail to licence and register the dog within two (2) weeks of being brought into the City.

Where the owner of a dog to which this Section applies is not required to register and licence that dog until after the 30th day of September in any year, the fee payable shall be in accordance with Schedule "A" of this By-Law.

  • On payment of the licence fee for a dog, the owner shall be furnished with a dog tag bearing a serial number and the year in which it was issued.
  • Unless a dog is being lawfully used for hunting in the bush, it shall constitute an offence for any owner to fail to keep a dog tag securely fixed on the dog at all times until the tag is renewed or replaced.

It shall constitute an offence for any person to use a tag upon a dog other than the dog for which it was issued.

The licence fee set out in Schedule "A" of this By-Law shall not apply to a dog professionally trained to aid or assist a disabled person, or a dog professionally trained to assist a law enforcement agency, including dogs that are in the process of being professionally trained.

Any person who is so required by The Corporation, or its authorized agent, shall forthwith deliver to The Corporation, or its authorized agent, a statement in writing showing the number of male dogs, neutered male dogs, female dogs, and spayed female dogs owned by such person or which are habitually kept upon the premises for which such person is assessed as owner or otherwise.

Section 4 – Restrictions

Subject to Subsections ii and iii, it shall constitute an offence for any person (or persons) to harbour more than a total of three (3) dogs in or about any single dwelling unit.

This Section does not apply to:

  • the operation of a kennel for the purposes of breeding or boarding
    animals;
  • an animal hospital owned and operated by a veterinarian licensed
    by the Ontario Veterinarian Association;
  • a pet store;
  • an Ontario Humane Society shelter, or the Pound, which complies with the Zoning By-Laws of The Corporation of the City of Belleville, Zoning By-Laws of the Township of Thurlow (as it was prior to amalgamation on January 1, 1998) if applicable and Zoning By-laws of the Township of Sidney (as it was prior to amalgamation on January 1, 2000) if applicable.

This Section does not apply to dogs under the age of six (6) months.

Section 5 – Kennels

No person shall operate a kennel anywhere within the City unless he or she has first obtained a kennel license in accordance with this by-law.

Every application for a kennel license or for the renewal of such a license shall be submitted to the City Clerk's Department in the form provided by the City, together with the annual license fee, as set out in Schedule "A".

Every application for a kennel license will be reviewed by the City to determine whether it meets the requirements of this by-law and, as part of this review, may be circulated to the Planning Department, Belleville Fire Department, Hastings & Prince Edward County Health Unit, Belleville Police, Quinte Humane Society, and a Municipal Law Enforcement Officer for comments.

These agencies and individuals, as part of their review, may require an inspection of the property, other than a room or place used as a dwelling.

If it is determined that an application meets the requirements of this by-law, the City will issue the license if the license fee has been paid.

If it is determined that an application does not meet the requirements of this bylaw, the City will refuse to issue the license and will refund the license fee.

If, at any time, the City determines, as a result of evidence that is provided, that the operation of a kennel does not conform to the requirements of this by-law, it may suspend or revoke the license.

A person is not eligible for a kennel license or the renewal of a kennel license
unless:

  • the use or proposed use conforms with the zoning by-law that applies to
    the property;
  • the property complies with the property standards by-law and any other applicable by-laws;
  • the property conforms with all applicable law, including the Health Protection and Promotion Act, the Ontario Society for the Prevention of Cruelty to Animals Act, and the Fire Protection and Prevention Act;
  • the property is kept in a clean and sanitary condition at all times; and
  • every dog that has reached the age of six months and that resides on the property permanently has been licensed pursuant to the requirements of this by-law.
Section 6 – Public Nuisance

No owner shall cause or permit his or her dog to become a public nuisance by:

  • persistently barking or howling;
  • damaging public or private property;
  • scattering garbage or interfering with waste management activities;
  • persistently barking at or chasing persons, vehicles, domestic animals, domestic fowl, livestock, poultry, or other animals;
  • swimming at a public beach, swimming or wading pool; or
  • being in a public park or recreational area and not under the control of its owner.
Section 7 – Waste

Subject to Subsection 7.2, it shall constitute an offence for any person to allow a dog to deposit waste (excrement/faeces) on private property or property of The Corporation unless such person immediately and entirely, without leaving the scene, causes such waste to be picked up and disposed of in an environmentally approved manner.

Subsection 7.1 shall not apply to a guide dog while on a leash and actually in use providing assistance to a disabled person.

Section 8 – Running at Large

No owner shall cause or permit his or her dog to run at large.

Every dog shall be under the control of its owner or another person acting on behalf of the owner, at all times when on any property that is not owned or occupied by its owner.

The regulation set out in section 8.1 does not apply to a dog that is running at large on a property with the express permission of the owner or occupant of that property. 

When directed by the Municipal Law Enforcement Officer, or anyone acting under his authority to leash a dog, it shall constitute an offence for every person or owner of a dog who fails to maintain sufficient control of the dog, while off the property of the owner, to leash the dog so that it is securely attached to the person in control of the dog.

A Municipal Law Enforcement Officer may seize any dog running at large in the City and cause such dog to be returned to the owner or impounded.

Any owner who fails to claim a dog within the time period as set out by the regulations of the Humane Society shall forfeit all rights to ownership of that dog.

Any owner of a dog that has been seized or impounded shall pay an amount in accordance with Schedule "A" prior to the release of the dog.

Any owner of a dog that has been seized or impounded that has not obtained a dog licence for the current year shall purchase a licence before the dog is released. 

Any dog impounded shall be taken to the pound facility of the Humane Society.

The Municipal Law Enforcement Officer or anyone acting under his authority may kill any dog that he finds running at large if:

  • he reasonably believes the dog is likely to cause imminent harm to any person, dog, domestic animal, or domestic fowl; or 
  • the dog is injured or ill and he reasonably believes should be destroyed without delay for public safety and humane reasons.

A dog shall not be considered to be running at large if it is a guide dog or a police work dog.

When a dog is known to have bitten a person the Medical Officer of Health may order the Municipal Law Enforcement Officer for the City to confine the dog under supervised quarantine for a period not to exceed fourteen (14) days in accordance with Health Protection and Promotion Act Regulations.

Any dog known to be rabid or suspected of being rabid shall be placed in quarantine, or with the permission of the Medical Officer of Health, it shall be killed in such a manner that the brain is not damaged and the head shall be submitted to a laboratory for diagnosis.

The Municipal Law Enforcement Officer or anyone acting under his authority shall notify the Belleville Police Service prior to discharging a firearm. Should it not be practical to contact the police first, they shall be contacted as soon as possible.

Section 9 – Dog Bites

Unless it is a police work dog, it shall constitute an offence for any person or owner of a dog fail to take all precautions necessary to prevent the dog from biting or attacking any person or fighting, attacking, or biting any dog, domestic animal or domestic fowl, whether on private or public property.

When a dog has bitten or attacked a person, or fought with, bitten or attacked a dog, domestic animal or domestic fowl, the owner shall cause the dog to remain muzzled or leashed until such time as the incident has been reviewed by the Municipal Law Enforcement Officer. The Municipal Law Enforcement Officer, as a result of his review may:

  • exempt the owner from the muzzling or leashing requirement;
  • rule that the dog is a vicious dog, whereby the owner must comply with Section 10 of this by-law if in the opinion of the Officer, the dog has fought, bitten or attacked without provocation; or
  • commence proceedings under the Dog Owner's Liability Act, whereby at the discretion of a Judge, penalties ranging from a fine to an order to destroy the dog, may be imposed.

If the Municipal Law Enforcement Officer requires that a dog be leashed and/or muzzled after biting a person, dog, domestic animal, or domestic fowl, the owner of the dog may request and is entitled to a hearing by the council or a committee thereof or the animal control official of the municipality if so delegated by council, which or who may exempt the owner from the muzzling or leashing requirement, or both.

Section 10 – Vicious Dogs

Subject to Subsection 10.10, when not in the owner's dwelling unit but otherwise within the boundaries of the owner's lands, it shall constitute an offence for the owner of a vicious dog to fail to ensure the dog is secured in accordance with Subsections 10.1 i) and 10.2 ii) so as to prevent the dog from causing injury to
any person, dog, domestic animal or domestic fowl.

  • The vicious dog shall be located wholly within a fenced area and any gate in such fenced area shall be locked at all times when the vicious dog is in the fenced area.
  • When the vicious dog is kept in an enclosed run or pen, such run or pen shall be enclosed on all four (4) sides and its top shall be of material of the same or greater strength than that of the sides.

Subject to Subsection 10.10, it shall constitute an offence for an owner to fail to ensure that any person who is left with the charge of a vicious dog is fully capable of controlling the dog.

Subject to Subsection 10.10, when the dog is outside the boundaries of its owner's land, it shall constitute an offence for an owner of a vicious dog to fail to ensure that at all times the dog is leashed and muzzled so as to prevent it from biting.

Subject to Subsection 10.10, it shall constitute an offence for a person to operate a kennel containing a vicious dog except as permitted in Subsection 10.5.

A vicious dog may be temporarily kept in a kennel that has been licensed under this by-law while the kennel is providing any of the services listed herein:

  • boarding
  • grooming
  • training
  • medical attention

Subject to Subsection 10.10, it shall constitute an offence for any person to permit a vicious dog to attack or bite any person, or to attack, bite or fight with any dog, domestic animal or domestic fowl.

Subject to Subsection 10.10, it shall constitute an offence for every owner of a vicious dog to fail to inform the Municipal Law Enforcement Officer that the dog is vicious when a licence is being applied for.

Subject to Subsection 10.10, it shall constitute an offence for an owner or immediately previous owner of a vicious dog to fail to inform the Municipal Law Enforcement Officer of the change of ownership within fourteen (14) days of the transfer of the vicious dog from one owner to another.

Subject to Subsection 10.10, it shall constitute an offence for the owner of a vicious dog to fail to post a sign in a conspicuous place on his property stating that there is a vicious dog on the premises.

This section shall not apply to police work dogs.

Section 11 – Administration

This by-law shall be administered by The Corporation of the City of Belleville.

Section 12 – Violations and Penalties

Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine, as provided for in the Provincial Offences Act, RSO 1990, Chapter P.33, as amended.

Upon registering a conviction for a contravention of any provision of this by-law, the Ontario Court of Justice may, in addition to any penalty imposed by this By-Law, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Section 13 – Validity

THAT By-Law Numbers 99-82, 99-147 and 2001-63 and all amendments thereto are hereby rescinded and all by-laws or parts of by-laws inconsistent with the provisions of this By-Law are hereby rescinded.

Passed Dec. 12, 2005.

The Building By-law sets out how the City administers building-related permits and inspections (including construction, demolition and change-of-use), and establishes the related application requirements, fees/refunds and enforcement processes under Ontario’s Building Code Act.

By-law 2010-88 – A By-law Respecting Construction, Demolition and Change of Use Permits and Inspections

Whereas section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23 as amended, empowers Council to pass certain by-laws respecting construction, demolition and change of use permits and inspections and the setting and refunding of fees;

Now Therefore the Council of The Corporation of the City of Belleville hereby enacts as follows:

Definitions

In this by-law:

“Act” means the Building Code Act, 1992, S.O. 1992, c.23 as amended.

“applicant” means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner’s behalf, or any person or Corporation empowered by statute to cause the construction or demolition of a building or buildings and anyone acting under the authority of such person or Corporation.

“architect” means the holder of a license, certificate of practice or a temporary license issued under the Architects Act as defined in the Building Code.

“Building Code” means the regulations made under section 34 of the Act. 

“Chief Building Official” means the Chief Building Official appointed by by-law by the Corporation of the City of Belleville for the purposes of enforcement of the Act.

“construct” means construct as defined in subsection 1(1) of the Act.

“Corporation” means the Corporation of the City of Belleville.

“demolish” means demolish as defined in subsection 1(1) of the Act.

“designer” means an Architect, Engineer or designer qualified to carry out designs under the requirements of Bill 124.

“inspector” means an inspector appointed by by-law by the Corporation of the City of Belleville for the purposes of enforcement of the Act.

“owner” means the registered owner of the property and included a lessee, mortgagee in possession, and the authorized agent in lawful control of the property.

“permit” means permission or authorization given in writing from the Chief Building Official to perform work, to change the use of a building or part thereof, or to occupy a building or part thereof, as regulated by the Act and Building Code.

“permit holder” means the owner to whom a permit has been issued or where a permit has been transferred, the new owner to whom the permit has been transferred.

“professional engineer” or “engineer” means a person who holds a licence or temporary licence under the Professional Engineer Act, as defined in the Building Code.

“Registered Code Agency” means a registered code agency as defined in subsection 1(1) of the Act.

“sewage system” means a sewage system as defined in subsection 1(1) of the Act.

“work” means construction or demolition of a building or part thereof, as the case may be.

Word/Term Not Defined – Meaning

Any word or term not defined in this by-law, that is defined in the Act or Building Code shall have the meaning ascribed to it in the Act or the Building Code.

Classes of Permits – Other Approvals
Set-Out – Schedule A

The classes of permits set out in Schedule “A” of this By-law are hereby established.

Conditional Permits

The Chief Building Official is hereby authorized to enter into one or more agreements for the issuance of a Conditional Permit as authorized in the Building Code Act.

Other Approvals

Nothing in this by-law shall exempt any person from complying with the requirements of any other By-law of the Corporation, or from applying for and obtaining any permit, license, permission or approval required by this or any other By-law or regulation of the Corporation or any other law in force from time to time.

Permits
File Application of Forms Prescribed

To obtain a permit, the owner or agent authorized in writing by the owner shall file an application in writing by completing a prescribed form available from the Chief Building Official or from the Building Code website www.obc.mahlov.on.ca.

The forms prescribed for use as applications for permits, orders, inspections, and administrative matters shall be set out in Schedule “C” attached hereto and forming part of this by-law.

This by-law shall not be deemed to limit the use of any form which is prescribed by provincial regulation notwithstanding that the form is not listed or is a revised or updated form from the forms set out in Schedule “C” to this by-law.

Information – submitted to Chief Building Official

Every application for a permit shall be submitted to the Chief Building Official, and shall contain the following information:

Where the application is made from a construction permit under subsection 8(1) of the Act, the application shall:

  • Use the provincial application form, “Application for a Permit to Construct or Demolish”, and
  • Include complete plans and specifications, documents and other information as required by the Building Code and as described in this by-law and schedules for the work to be covered by the permit, and

Where the application is made for a demolition permit under subsection 8(1) of the Act, the application shall:

  • Use the provincial application form, “Application for a Permit to Construct or Demolish”; and
  • Include complete plans and specifications, documents and other information as required by the Building Code and as described in this by-law and schedules for the work to be covered by the permit; and
  • Include;
    • Proof satisfactory to the Chief Building Official, that arrangements have been mad with the proper authorities for the cutting off of all services; and
    • Written confirmation that the site will be backfilled and graded with clan fill material and that all private connections will be excavated and properly sealed at the property line. 

Where application is made for a conditional permit under subsection 8(3) of the Act, the application shall:

  • Use the provincial application form, “Application for a Permit to Construct or Demolish”;
  • Include complete plans and specifications, documents and other information as required by the Building Code and as described in this by-law and schedules for the work to be covered by the permit;
  • state in writing the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted;
  • state in writing the necessary approvals which must be obtained in respect of the proposed building and the time in which such approvals will be obtained; and
  • state in writing the time in which plans and specifications of the complete building will be filed with the Chief Building Official.

Where an application is made for a change of use permits issued under subsection 10(1) of the Act, the application shall:

  • Use the Provincial prescribed form;
  • Describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building;
  • Identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made;
  • Include complete plans and specifications showing current and proposed occupancy of all pats of the building, and which contain sufficient information to establish compliance with the requirements of the Building Code, including: floor plans; details of wall, ceiling and roof assemblies identifying required fire resistant ratings and load bearing capacities, details of the existing sewage system, if any, a building code matrix and analysis, and any other drawings, documentation and other information required by the Chief Building Official to issue a Building Permit;
  • Be accompanied by the required fee;
  • State the name, address and telephone number of the owner;
  • Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. 

Where an application is made for a sewage system permit issued under subsection 8(1) of the Act, the application shall:

  • Use the provincial application form, “Application for a Permit to Construct or Demolish”;
  • Include complete plans and specifications, documents and other information as required by the Building Code and as described in this by-law and schedules for the work to be covered by the permit;
  • Include a site evaluation which shall include all of the following items, unless otherwise specified by the Chief Building Official:
    • Include the date the evaluation was done;
    • Include name, address, telephone number and signature of the person who prepared the evaluation; and
    • Include a scaled drawings of the site showing:
      • The legal description, lot size, property dimensions, existing rights-of-way, easements or municipal I utility corridors;
      • The locations of items listed in Division B Column 1 of Tables 8.2.1.6.A, 8.2.1.6.B and 8.2.1.6.C of the Building Code;
      • The location of the proposed sewage system;
      • The location of any unsuitable, disturbed or compacted areas;
      • Proposed access routes for system maintenance;
      • Depth to bedrock;
      • Depth to zones of soil saturation;
      • Soil properties, including soil permiablilty; and
      • Soil conditions, including the potential for flooding.

Where application is made for a transfer of permit because of a change of ownership of the land, as permitted under clause 7(h) of the Act, the application shall:

  • Make such a request in writing;
  • Provide the names and addresses of the previous and new land owner;
  • Provide the date that the land ownership change took place;
  • Describe the permit that is being transferred;
  • Provide written confirmation from the original permit holder and owner that the permit is to be transferred;
  • Provide written confirmation from the Designers that use of their drawings for this permit is acceptable; and
  • Provide new drawings where the drawings which formed the basis of the original permit issuance were prepared by the original owner and the owner is not a “Designer”.
Partial Permits

When in order to expedite work, approval of a portion of the building or project is desired prior to issuance of a permit for the complete building or project,

  • Application shall be made and all applicable fees paid for the complete project; and
  • Complete plans and specifications covering the portion of the work for which the immediate approval is desired shall be filed with the Chief Building Official; and where a partial permit is requested the application is deemed to be incomplete.
Partial Permit – requirements

Where a permit is issued for part of a building or project this shall not be construed to authorize construction beyond the plans for which approval was given nor that approval will necessarily be granted for the entire building or project.

Inactive Permit Applications

Where an application for a permit remains incomplete or inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the applicant. If an application is deemed to be abandoned, a new application must be filed for the proposed work.

Plans and Specifications
Information – Sufficient – To Determine Conformity

Sufficient information shall be submitted with each application for a permit to enable the Chief Building to determine whether or not the proposed construction, demolition, change of use or transfer of permit will conform with the Act, the Building Code and any other applicable law.

Two Complete Sets – Required – Unless Specified

Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of the plans and specifications as described in this By-law and Schedule “B” of this by-law.

Plans – Drawn to Scale – On Durable Material – Legible

Plans shall be drawn to scale on paper, cloth, or other durable material capable of being archived in the records system of the Corporation and shall be legible. Upon approval of the Corporation, plans may be submitted by electronic media in a form suitable to the Corporation.

Site Plans Referenced – To Plan of Survey

Site plans shall be referenced to an up-to-date survey and, when required to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of the survey shall be submitted to the Chief Building Official. Site plans shall show:

  • Lot size and the dimensions of property lines and setbacks to any existing or proposed buildings;
  • Existing and finished ground levels or grades; and
  • Existing rights-of-way, easements and municipal services.
As Constructed Plans

On completion of a building, the Chief Building Official may require a set of as-construction plans, including a plan of survey showing the location of the building.

Building Location Survey

Upon completion of the foundation, a building location survey shall be submitted when requested by the Chief Building Official for new residential buildings and buildings under Site Plan Agreement with the Corporation or any other building as requested in order to confirm compliance with any Building Code or zoning requirement.

Plans Property of Corporation

Plans and specifications furnished according to this By-law or otherwise required by the Act become the property of the Corporation and will be disposed of or retained in accordance with relevant legislation.

Registered Code Agencies
Registered Code Agency – Hired – By Chief Building Official

The Chief Building Official is authorized to enter into and sign contracts for service agreements with registered code agencies and appoint them to perform specified functions from time to time in order to maintain the time periods for permits prescribed in the Building Code.

Duties of Registered Code Agency

The registered code agency may be appointed to perform one or more of the specified functions described in section 15.15 of the Act.

Fees and Refunds
Due – Payable – Upon Application – Schedule A

The Chief Building Official shall determine the required fees for the work proposed calculated in accordance with schedule “A” of this By-law and the applicant shall pay such fees upon application. Without payment of the required fee, the application shall be deemed to be incomplete.

Work Without Permits

Any person or Corporation who commences construction, demolition or changes the use of a building before submitting an application for a permit or after submitting an application for a permit but before the building permit has been issued by the Corporation, shall in addition to any other penalty under this Act, Building Code, or in this By-law pay an additional fee in accordance with Schedule “A” of this by-law in order to compensate the Corporation for the additional work incurred by such early start of work.

Refunds

In the case of withdrawal of an application, or the abandonment of all or a portion of the work, or refusal of a permit, or the non-commencement of any project, the Chief Building Official shall determine the amount of paid permit fees that may be refunded to the applicant, if any, in accordance with Schedule “A” of this by-law. No refund shall be applied where the permit has been revoked, except where the permit was issued in error. The applicant must make any request for permit refund within twelve months of issuance of the permit. Refunds requested after this time will not be considered.

Transfer of Permits
Application – Completed – By New Owner

A permit may be transferred if the new landowner completes the permit application form in accordance with the requirements of Part 3 of this By-law.

Fee – Schedule A

A fee shall be payable on an application for a transfer of permit as provided in Schedule “A” of this by-law.

New Owner – Permit Holder – Upon Transfer

The new owner shall, upon transfer of a permit, be the permit holder for the purpose of the Act and the Building Code.

Revocation of Permits
Notice of Revocation

Prior to revoking a permit under subsection 8(10) of the Act, the Chief Building Official may serve a notice by personal service or registered mail at the last known address of the permit holder, and following a thirty (30) day period from the date of service, the Chief Building Official may revoke the permit if grounds to revoke still exist, without any further notice.

Deferral of Revocation

A permit holder may within thirty (30) days from the date of service of a notice under this Part, request in writing the Chief Building Official to defer the revocation by stating reasons why the permit should not be revoked. The Chief Building Official having regard to any changes to the Act, Building Code or other applicable law may allow the deferral, in writing.

Fee for Deferral

A request for deferral shall be accompanied by the non-refundable fee therefore set out in Schedule “A” of this By-law.

Notice Requirements for Inspections – Appointed Designate
Notice – Each Stage – To Chief Building Official

The permit holder shall notify the Chief Building Official or a Registered Code Agency where one is appointed, of each stage of construction for which a mandatory notice is required under the Building Code. In addition, the permit holder shall provide the notice of completion as prescribed in Section 11 of the Act, or where occupancy is required prior to completion, notice of inspection to ensure that the requirements of Section 11 of the Act and the Building Code are complied with.

Effective – When Received – By Chief Building Official

A notice pursuant to this Part of the by-law is not effective until notice is actually received by the Chief Building Official or the Registered Code Agency and the permit holder receives a confirmation number issued by the Corporation or the Registered Code Agency.

Time Periods – Inspections

Upon receipt of proper notice, the inspector or a registered code agency, if one is appointed, shall undertake a site inspection of the building to which the notices relates in accordance with the time periods stated in the Building Code and section 11 of the Act.

Appointed Designate

This by-law shall not be deemed to limit the appointment of a designate who may perform or execute any authority of the Chief Building Official where authorized by the Building Code Act, provided such designate, where required, is duly appointed by by-law under the Building Code Act.

Code of Conduct
Applicability

A code of conduct in accordance with 7.1(1) of the Act is applicable to the Chief Building Official and Building Inspectors appointed by the Corporation. Complaints regarding improper conduct of the Chief Building Official or an Inspector shall be made in writing and shall be filed with the Director of Development Services.

Validity
Severability

In the event that any provision of this by-law is declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the remaining provisions of this by-law.

Contravention of By-law – Offense 
Offense

Every person who contravenes any provision of this by-law is guilty of an offence and on conviction is liable to a fine as provided in section 36 of the Building Code Act, 1992, S.O. 1992, c.23, as amended.

Repeal – Enactment
By-law Previous

By-law 2005-103 and all amendments thereto are hereby repealed.

Short Title

This bylaw may be referred to as the Building By-law.

Passed May 25, 2010.

The Fireworks By-law regulates the sale and setting off of fireworks and pyrotechnic special effects in the City of Belleville.

Please note that fireworks may only be discharged on the following days: Victoria Day (and the day immediately preceding and following Victoria Day), Canada Day (and the day immediately preceding and following Canada Day), other times/days as permitted by the Fire Chief.

By-law Number 2025-142 – A By-law to Regulate the Sale and Setting Off of Fireworks and Pyrotechnic Special Effects within the City of Belleville

Whereas Section 120 of the Municipal Act, S.O. 2001, c.25, as amended, authorizes a municipality to pass by-laws to prohibit and regulate the storage, keeping and transportation of explosives and other dangerous substances, including requirements that a permit be obtained from the municipality for the storage of explosives and imposing conditions on such permits;

And Whereas Section 121 of the Municipal Act, S.O. 2001 , c.25 as amended, authorizes a municipality to pass by-laws to prohibit and regulate the sale of fireworks and the setting off of fireworks, including requirements that a permit be obtained from the municipality for the sale or setting off of such fireworks and imposing conditions on such permits;

And Whereas Section 446 of the Municipal Act, S.O. 2001, c.25, as amended, provides that where a municipality has the authority by By-law to direct or require that a matter or thing be done, the municipality may in the same or another By-law direct that, in default of it being done by the person directed or required to do so, such matter or thing shall be done at the person's expense and the municipality may recover the costs by action or by adding the costs to the tax roll and collecting them in the same manner as taxes;

And Whereas Section 7.1 of the Fire Protection and Prevention Act, S.O. 1997, c4, as amended, provides that the council of a municipality may pass by-laws regulating fire prevention, including the spreading of fires;

And Whereas the Council of the City of Belleville deems it expedient and necessary for the safety and well-being of the community to regulate the sale and use of fireworks and pyrotechnic special effects within the City of Belleville;

Now Therefore the Council of The Corporation of the City of Belleville hereby enacts as follows:

Part I – Definitions

In this By-law:

"Act" means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and the Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefore;

"City" or "City of Belleville" means the municipal corporation of the City of Belleville or the geographic area of the City of Belleville as the context requires;

"Consumer Firework" means an outdoor, low hazard, recreational firework that is classed as a Class 7, Division 2, Subdivision 1 Firework under the Act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, Roman candles, volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive used per cap;

"Consumer Fireworks Sales Permit" means a permit issued in accordance with this By-law by the Fire Chief for the sale of Consumer Fireworks;

"Discharge" means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off and the words "discharged" and "discharging" have a similar meaning;

"Display Firework" means an outdoor, high hazard, recreational firework that is classed as a Class 7, Division 2, Subdivision 2 Firework under the Act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include Firecrackers;

"Display Fireworks Permit" means a permit issued in accordance with this By-law by the Fire Chief for the display of Display Fireworks;

"Display Supervisor" means a person who is an approved purchaser of Display Fireworks and who is qualified under the Act to supervise the Discharge of Display Fireworks;

"Enforcement Officer" means the Fire Chief, Deputy Fire Chiefs, Senior Fire Prevention Officer, every member of the Belleville Fire and Emergency Services designated as an Assistant to the Fire Marshal, every By-law Enforcement Officer for the City of Belleville, and every police constable with Belleville Police Service;

"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and the Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefor;

"Fire Chief" means the Chief of Fire Services of the City or authorized delegates;

"Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers, but does not include paper caps containing not more than twenty-five one-hundredths of a grain of explosive on average per cap, or devices for use with such caps, safety flares, marine rockets, and other distress signals;

"Fireworks" means Display Fireworks, Pyrotechnic Special Effects Fireworks and Consumer Fireworks;

"Prohibited Firework" includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, M-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of Prohibited Fireworks as published from time to time under the Act;

"Public Fireworks Display" means an exhibition of Fireworks in an outdoor assembly or open air occupancy to which the public is invited, attends, may attend, or is admitted with or without a fee being charged;

"Pyrotechnician" means a person who is certified under the Act as a Theatrical User, an Assistant, a Pyrotechnician or a Special Effects Pyrotechnician and is qualified to purchase and supervise the display of Pyrotechnic Special Effect Fireworks under the Act;

"Pyrotechnic Special Effect Firework" means a high hazard firework that is classed as a Class 7, Division A, Subdivision 5 Firework under the Act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels;

"Pyrotechnic Special Effect Fireworks Permit" means a permit issued in accordance with this By-law by the Fire Chief for the display of Pyrotechnic Special Effect Fireworks;

"Sell" includes offer for sale, cause or permit to be sold and to possess for the purpose of sale and the words "selling" and "sold" have a similar meaning.

Part II – Sale and Discharge of Firecrackers
  • No person shall Sell any Firecrackers.
  • No person shall Discharge any Firecrackers.
Part III – Sale and Discharge of Prohibited Fireworks
  • No person shall Sell any Prohibited Fireworks.
  • No person shall Discharge any Prohibited Fireworks.
Part IV – Sale of Consumer Fireworks

No person shall Sell Consumer Fireworks unless a Consumer Fireworks Sales Permit has first been obtained from the Fire Chief in accordance with Part IV of this By-law.

A member of Belleville Fire Services, Fire Prevention, shall be permitted to conduct a site inspection in relation to each permit application received pursuant to Part IV of this By-law.

No person shall Sell Consumer Fireworks in a building unless the provisions of the Ontario Fire Code and all other applicable Acts and Regulations are complied with.

A person applying for a Consumer Fireworks Sales Permit shall be required to submit the following:

  • A completed application, in the form provided by the Fire Chief;
  • Written consent of the owner of the property on which the sale of Consumer Fireworks is proposed, unless the applicant is the owner of the property;
  • The fee as prescribed by the City's Fees and Charges By-law as approved by Council for the City of Belleville from time to time;
  • A site plan for the sale location;
  • A description of fire emergency procedures; and
  • Such other information as required by the Fire Chief.

Consumer Fireworks Sales Permit shall not be issued where:

  • The permit application is incomplete;
  • The property on which the sale of Consumer Fireworks is proposed is not zoned to permit a retail store;
  • There are reasonable grounds for belief that the sale of Consumer Fireworks by the applicant will result in a breach of this By-law, the FPPA or the Act; or
  • The information provided in support of the Consumer Fireworks Sales Permit pursuant to Section 4(4) of this By-law is unacceptable to the Fire Chief in their sole discretion, acting reasonably.

The Fire Chief may revoke a Consumer Fireworks Sales Permit where:

  • The person to whom the permit is issued fails to comply with all provisions and conditions to which the permit is subject in accordance with this Bylaw;
  • The application for the Consumer Fireworks Sales Permit contains false or misleading information;
  • The building from which Consumer Fireworks are offered for sale is in noncompliance with the provisions of the Ontario Fire Code or any other applicable Act or Regulation.

No person shall Sell Consumer Fireworks unless they are eighteen (18) years of age or older.

No person shall Sell Consumer Fireworks from an outdoor stand, tent, unenclosed trailer, shipping container, motor vehicle, or residential dwelling.

No person shall Sell Consumer Fireworks unless they are included on the most recent List of Authorized Explosives as published from time to time by the Explosives Branch of the Department of Natural Resources (Canada) or its successor.

No person shall store Consumer Fireworks except as permitted under the Act.

No person shall exhibit Consumer Fireworks unless the Consumer Fireworks are separated into individual lots that do not exceed 25 kilograms in gross weight, and such separation between lots shall be sufficient to prevent fire from spreading rapidly from one lot to the next by:

  • Maintaining a minimum aisle width of 1.1 metres between lots;
  • Maintaining a partition, constructed of 6-millimetre plywood or other suitable material, that extends a minimum of 15 centimetres above the height of the lot or to the display shelf above; or
  • Maintaining sufficient separation between lots by such other suitable method or means; and
  • Ensuring that no more than ten percent (10%) of the area of any display shelf on which Consumer Fireworks are exhibited contain holes or other openings.

No person shall exhibit Consumer Fireworks that are not in consumer packs, unless the Consumer Fireworks are inaccessible to the public and are displayed in a glass or Plexiglas case or other suitable receptacle.

No person shall exhibit Consumer Fireworks that are exposed, or may be exposed, to the rays of the sun or to excess heat, or that are within close proximity to flammable goods.

No person shall exhibit Consumer Fireworks on a display board or in a shop window unless the display consists of mock samples only and does not contain any explosive composition.

No person who Sells Consumer Fireworks shall, at any time, keep or permit the keeping of Consumer Fireworks unless the location or shop is designated as a no smoking area, has been posted with "No Smoking" signs, and is equipped with the appropriate number and class of fire extinguishers as may be required by the Fire Chief.

No person who Sells Consumer Fireworks shall exhibit Consumer Fireworks to the public at any time unless the location or shop is attended by the vendor or an employee thereof.

No person shall exhibit Consumer Fireworks in an indoors shop or location, or in a trailer unless there are a minimum of two (2) unobstructed, clearly identified exits to ensure that employees and the public can quickly evacuate in the event of a fire.

No person shall Sell Consumer Fireworks except on the following days:

  • Victoria Day and Canada Day; and
  • Each of the seven (7) days immediately preceding Victoria Day and Canada Day

No person shall advertise the sale of Consumer Fireworks except on Victoria Day and Canada Day, and the preceding twenty one (21) days in each case.

No person who has obtained a Consumer Fireworks Sales Permit from the Fire Chief as required by Part IV of this By-law shall be required to obtain a Hawker and Peddler business license, with respect to the sale of Consumer Fireworks, as required by the City's Business License By-law 2005-318, as amended, or any replacement by-law.

Part V – Conditions Applying to Consumer Fireworks Sales Permit

The Fire Chief may issue permits for the sale of Consumer Fireworks on the conditions set forth in Part V of this By-law.

The following conditions shall apply to all Consumer Fireworks Sales Permits:

  • The permit is valid only for the calendar year in which it is issued;
  • The permit is valid only for the sale location specified in the permit;
  • Every permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use;
  • The permit holder shall sell Consumer Fireworks in conformance with the information provided to the Fire Chief pursuant to Section 4(4) of this By-law;
  • The permit holder shall comply at all times with the provisions of the Act, FPPA and the provisions of this By-law;
  • Any other condition deemed reasonable in the circumstances by the Fire Chief.

No permit holder shall Sell Consumer Fireworks except in accordance with the conditions of the permit.

Part VI – Discharge of Consumer Fireworks

No person shall Discharge Consumer Fireworks except on the following days:

  • Victoria Day;
  • The day immediately preceding Victoria Day;
  • The day immediately following Victoria Day;
  • Canada Day;
  • The day immediately preceding Canada Day;
  • The day immediately following Canada Day;
  • Such other times and such other dates as permitted by the Fire Chief.

No person under the age of eighteen (18) years shall Discharge any Consumer Fireworks.

No parent or guardian shall allow any person under the age of eighteen (18) to Discharge any Consumer Fireworks.

A person eighteen (18) years of age or older may Discharge Consumer Fireworks on any land belonging to them, or on privately owned land with permission from the owner.

No person shall Discharge Consumer Fireworks in a manner that creates danger, nuisance, or unsafe conditions.

No person shall Discharge Consumer Fireworks in or into any building, doorway, or automobile.

No person shall Discharge any Consumer Fireworks in zone B of Schedule 1.

No person shall Discharge Consumer Fireworks in public places without prior written permission from the Fire Chief.

All persons Discharging Consumer Fireworks shall have means to extinguish them readily available.

No Consumer Fireworks shall be discharged during an open air burning ban or partial burning ban.

No Consumer Fireworks shall be discharged during a high wind warning issued by Environment Canada.

No Consumer Fireworks shall be discharged on City of Belleville property.

Part VII – Display Fireworks

No person or group of persons shall hold a display of Display Fireworks in the City of Belleville without first having obtained a permit to do so from the Fire Chief in accordance with Part VII of this By-law.

A member of Belleville Fire Services, Fire Prevention, shall be permitted to conduct a site inspection in relation to each permit application received pursuant to Part VII of this By-law.

No person or group of persons shall hold a Public Fireworks Display using Consumer Fireworks.

Every application for a permit required under Part VI I of this By-law shall be made to the Fire Chief a minimum of thirty (30) days prior to the event when the proposed display of Display Fireworks is to occur.

A person applying for a Display Fireworks Permit shall be required to submit the following:

  • A completed permit application, in the form provided by the Fire Chief;
  • A site plan providing a description of the site to be used for the Discharging of the Display Fireworks;
  • A description of the fire emergency procedures;
  • Proof that the applicant is certified as a Display Supervisor;
  • Written consent of the owner of the property on which the Discharge of Display Fireworks is proposed, unless the Applicant is the owner of the property;
  • The fee as prescribed by the City's Fees and Charges By-law as approved by Council for the City of Belleville from time to time;
  • Proof of insurance as required by Part XI of this By-law;
  • Signed Indemnity as required by Part XII of this By-law; and
  • Such other information as required by the Fire Chief.

A Display Fireworks Permit shall not be issued where:

  • The permit application is incomplete;
  • The applicant is not a Display Supervisor;
  • The display is not being held under the auspices of an established club, association or group of persons;
  • The purpose of the display is not of civic, national or international significance, or not of special significance for particular interest groups; or
  • There are reasonable grounds for belief that the holding of the Display Fireworks will result in a breach of this By-law, the FPPA or the Act; or
  • The information provided in support of the Display Fireworks Permit pursuant to Section 7(5) is unacceptable to the Fire Chief in their sole discretion, acting reasonably.

The Fire Chief may revoke a Display Fireworks Permit where:

  • The person to whom the permit is issued fails to comply with all provisions and conditions to which the permit is subject in accordance with this Bylaw;
  • The application for the Display Fireworks Sales Permit contains false or misleading information;
  • Environmental concerns such a weather conditions, wind speed and/or wind direction are a factor;
  • An Open Air Fire Ban has been instituted.
Part VIII – Conditions Applying to Display Fireworks Permit

The Fire Chief may issue permits for displays of Display Fireworks with conditions outlined in Part VII of this By-law.

The following conditions shall apply to all Display Fireworks Permits:

  • The permit is valid only for the display at the place and on the date or dates set forth in the permit;
  • The permit holder, who shall be a Display Supervisor, shall supervise the display of Display Fireworks at all times;
  • The permit holder, who shall be a Display Supervisor, shall Discharge the Display Fireworks;
  • Every permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use;
  • The permit holder shall hold the display of Display Fireworks in conformance with the information provided to the Fire Chief pursuant to Section 7(5) of this By-law;
  • The permit holder shall comply at all times with the provisions of the Act, FPPA, the Display Fireworks Manual published by Natural Resources Canada or any successor publication, and the provisions of this By-law;
  • The permit holder shall comply with any wind speed or direction limitations imposed on the permit (Canadian Forces base Trenton shall be the referenced authority); and
  • Any other condition deemed reasonable in the circumstances by the Fire Chief.

No permit holder shall Discharge Display Fireworks except in accordance with the conditions of the permit.

The permit holder holding the display of Display Fireworks shall ensure that all unused Display Fireworks and all debris are removed forthwith from the site and safety disposed of.

Part IX – Pyrotechnic Special Effects Fireworks

No person or group of persons shall Discharge any Pyrotechnic Special Effect Fireworks in the City of Belleville without first having obtained a permit authorizing the display of Pyrotechnic Special Effect Fireworks from the Fire Chief in accordance with Part IX of this By-law.

A member of Belleville Fire Services, Fire Prevention, shall be permitted to conduct a site inspection in relation to each permit application received pursuant to Part IX of this By-law.

Every application for a permit required under Part IX of this By-law shall be made to the Fire Chief a minimum of thirty (30) days prior to the event when the proposed Discharge of Pyrotechnic Special Effect Fireworks is to occur.

A person applying for a Pyrotechnic Special Effect Fireworks Permit shall be required to submit the following:

  • A completed permit application, in the form provided by the Fire Chief;
  • A site plan of the facility and room capacity, the stage and the Pyrotechnics Special Effect Fireworks storage area;
  • A description of the fire emergency procedures;
  • Proof that the applicant is certified as a Pyrotechnician;
  • Written consent of the owner of the property on which the Discharge of Pyrotechnic Special Effects Fireworks is proposed, unless the Applicant is the owner of the property;
  • The f fee as prescribed by the City's Fees and Charges By-law as approved by Council for the City of Belleville from time to time;
  • Proof of insurance as required by Part XI of this By-law;
  • Signed Indemnity as required by Part XII of this By-law; and
  • Such other information as required by the Fire Chief.

A permit for the display of Pyrotechnics Special Effects Fireworks shall not be
issued where:

  • The application is incomplete;
  • The applicant is not a Pyrotechnician under the Act; or
  • There are reasonable grounds for belief that holding a display of Pyrotechnic Special Effect Fireworks will result in a breach of this bylaw, the FPPA or the Act; or
  • The information provided in support of the Display Fireworks Permit pursuant to Section 9(4) of this By-law is unacceptable to the Fire Chief in their sole discretion, acting reasonably.

The Fire Chief may revoke a Pyrotechnics Special Effects Fireworks Permit where:

  • The person to whom the permit is issued fails to comply with all provisions and conditions to which the permit is subject in accordance with this Bylaw;
  • The application for the Pyrotechnics Special Effects Permit contains false or misleading information;
  • Environmental concerns such a weather conditions, wind speed and/or wind direction are a factor;
  • An Open Air Fire Ban has been instituted.
Part X – Conditions Applying to Pyrotechnic Special Effects Fireworks Permit

The Fire Chief may issue permits for displays of Pyrotechnic Special Effect Fireworks on the conditions set forth in Part X of this By-law.

The following conditions shall apply to Pyrotechnic Special Effect Fireworks Permits:

  • The permit is valid only for the display at the place and on the date or dates set forth in the permit;
  • The permit holder, who shall be a Pyrotechnician, shall supervise the display of Pyrotechnic Special Effect Fireworks;
  • The permit holder, who shall be a Pyrotechnician, shall Discharge the Pyrotechnic Special Effects Fireworks;
  • The permit holder shall provide and maintain fully operational fire extinguishing equipment ready for immediate use;
  • The permit holder shall comply at all times with the provisions of the Act, FPPA, the Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication, and the provisions of this By-law;
  • The permit holder shall hold the display of Pyrotechnic Special Effects Fireworks in conformance with the information provided to the Fire Chief pursuant to Section 9(4) of this By-law;
  • The permit holder shall comply with any wind speed or direction limitations imposed on the permit (Canadian Forces base Trenton shall be the referenced authority); and
  • Any other condition deemed reasonable in the circumstances by the Fire Chief.

No permit holder shall Discharge Pyrotechnic Special Effect Fireworks except in accordance with the conditions of the permit.

The permit holder holding the display of Pyrotechnic Special Effect Fireworks shall ensure that all unused Pyrotechnic Special Effect Fireworks and all debris are removed forthwith from the site and safety disposed of.

Part XI – Insurance

The applicant for a permit under Parts VI I and IX of this By-law shall provide and maintain Commercial General Liability insurance subject to limits of not less than Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. Such insurance shall be in the name of the applicant and shall name The Corporation of the City of Belleville as an additional insured thereunder. Such insurance shall include permission to conduct displays of Display Fireworks or Pyrotechnic Special Effects Fireworks. Such insurance policy shall contain an endorsement to provide the City of Belleville with (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a Certificate of Insurance evidencing such insurance coverage shall be provided to the City of Belleville prior to the issuance of a permit.

Part XII – Indemnification

The applicant for a permit under Parts VII and IX of this By-law shall provide a signed indemnity which indemnifies and saves harmless The Corporation of the City of Belleville from any and all claims, demands, causes of action, loss costs or damages that the City may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.

Part XIII – Production of Permit

Every holder of a Consumer Fireworks Sales Permit, Display Fireworks Permit, or Pyrotechnic Special Effects Fireworks Permit shall produce their permit upon being so directed by the Fire Chief.

Part XIV – Offences and Penalties

Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offenses Act, R.S.O. 1990, Chapter P.33, as amended from time to time.

Part XV – Enforcement and Administration

This By-law may be enforced by every Enforcement Officer.

No person shall obstruct, hinder or interfere with an Enforcement Officer in their enforcement of this By-law.

An Enforcement Officer may, at any reasonable time and without prior notice, inspect any land, property, places, premises, buildings or structures where Fireworks are stored or offered for sale.

An Enforcement Officer may, at any reasonable time and without prior notice, inspect any land, property, places, premises, buildings or structures for which an application for a permit under this By-law has been received for the purposes of conducting the site inspections required pursuant to Sections 4(2), 7(2), and 9(2) of this By-law.

An Enforcement Officer may, at any reasonable time and without prior notice, inspect any land, property, places, premises, buildings or structures for which a permit under this By-law has been issued for the purpose of ensuring compliance with the permit.

An Enforcement Officer may, at any reasonable time and without prior notice, inspect any land, property, places, premises, buildings or structures for the purpose of carrying out an inspection to determine if any section of this By-law is complied with.

Notwithstanding the provisions of Section 15(3) to 15(6) of this By-law, an Enforcement Officer shall not enter or remain in any room or place actually used as a dwelling unless the provisions of Section 437 of the Municipal Act, 2001 are complied with.

From time to time the Fire Chief may approve any and all forms as may be contemplated under this By-law, including forms of permit and applications for permit.

Part XVI – Reinstatement

Where any person is in contravention of any provision of this By-law, the City, in addition to any other action, may give or send notice to the person requiring the property be made to conform with this By-law. In the event that a notice is given or sent and the property is not reinstated to conform with the provisions of this By-law within the time period stated in the notice, the City, its employees, agent or contractor may enter upon the land and remove such things or carry out the work required to make the property comply with this By-law, and may charge any costs incurred for such work to the person.

Where the person refuses to pay the costs incurred by the City in Subsection 16(1), the City may recover the costs in accordance with Section 446 of the Municipal Act, S.O. 2001 , c. 25.

Any notice given under this Section may be given in person or by registered mail and in the case of notice by registered mail, is deemed to be delivered on the 3rd day after which it was sent.

Part XVII – Miscellaneous

By-law Number 2022-129, A By-law to Regulate the Sale and Setting Off of Fireworks and Pyrotechnic Special Effects within the City of Belleville is hereby repealed.

If there is a conflict between a provision of this By-law and a provision of any other By-law of the City of Belleville, the provision that establishes the higher standard to protect the health and safety of the public shall apply.

If any provision or part of a provision of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, the balance of the By-law shall not be affected and shall continue in full force and effect.

This by-law may be referred to as the "Fireworks By-law".

This by-law shall come into force and take effect on the final passing thereof.

Passed on Aug. 25, 2025.

The Land Maintenance By-law replaces the previous Clean and Clear Yards By-Law and Littering By-law and outlines realistic expectations for land maintenance in the city.

By-law 2025-117 – A By-law Respecting Litter and Land Maintenance

Whereas Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may require an owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings; to regulate when and how such matters be done; to prohibit depositing of refuse or debris on land without the consent of the owner or occupant of the land; and to define refuse;

And Whereas Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters, that, in the opinion of Council, are or could become public nuisances;

And Whereas Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit and regulate the use of any land for the storage of motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition;

And Whereas Section 10 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws respecting health, safety, and the well being of Persons;

And Whereas Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may establish a system of fines for offences under a by-law;

And Whereas Section 425 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws providing that a Person who contravenes a by-law of the municipality passed under the Municipal Act is guilty of an offence;

And Whereas Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that where a municipality has authority under the Municipal Act or any other Act or under a by-law made under the Municipal Act or any other Act to direct or require a Person to do a matter or thing, the municipality may also provide that in default of it being done by the Person directed to do it, the matter or thing shall be done at the Person's expense and the municipality may recover the expense incurred by action or adding the cost to the tax roll and collecting them in the same manner as property taxes;

Now Therefore the Council of The Corporation of the City of Belleville hereby enacts as follows:

Part 1 – Definitions

"Clean" shall mean the removal and proper disposal of debris and refuse from any property within the boundaries of the City of Belleville.

"Corner Sight Triangle" shall mean triangular area formed by the boundaries of the lot common with the street line and a straight line connecting the points on each of those lines measured 6.0metres from where they intersect.

"Council" shall mean the Municipal Council of the City of Belleville

"Debris" shall mean any item, article, thing, matter, substance or effluent that has been cast aside, discarded, abandoned or is used up in whole or in part, or expended or worn out in whole or in part; or appears to be worthless, or useless or of no practical value but including, but not limited to, materials described in Schedule 'A' to this By-law, and all similar or like materials.

"Inoperable Vehicle" shall mean any vehicle, including a trailer, that appears by reason of its appearance, mechanical condition, or lack of valid licence plates, to be inoperative. A vehicle is an inoperable vehicle if it bears licence plates that are not registered as being attached to that vehicle and/or the licence plate registration is not current and up to date, in accordance with the records of the Ministry of Transportation

"Domestic Waste" means any debris, refuse or rubbish, garbage, article, thing, matter or any effluent belonging to or associated with a residence, household or dwelling unit

"Grass" shall mean perennial turfgrass grown for ground cover, of a type that forms a dense, uniform turf when mown, including but not limited to Kentucky bluegrass, perennial ryegrass, or fine fescue.

"Motor Vehicle" shall mean an automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle, traction engine, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act, R. S. 0 1990, c. H. 8, as amended.

"Naturalized Garden" shall mean an area dedicated to the intentional, deliberate and maintained plantings of North American species and includes, without limiting the generality of the foregoing, an annual or perennial flower garden, food garden, rain garden, hedge, shrub, plant, vine, and groundcover, but does not include trees or Grass.

"Officer" shall mean a By-Law Enforcement Officer appointed by the City of Belleville, a Police Officer in the Province of Ontario or any Person as authorized by the Council of The Corporation of the City of Belleville for the enforcement of municipal By-laws.

"Occupant" shall mean any Person over the age of 18 years in control of the property.

"Owner" shall mean the Person or Persons appearing on the Municipal Tax Assessment Roll or property tax account and persons having lawful title to the land and includes "Person" as defined in this By-law.

"Person" shall mean any individual, association, firm, partnership, or incorporated company.

"Property" shall mean yards, vacant lands, or any part of a lot not occupied by a principal building, if any, and includes the space within or upon unenclosed decks, unenclosed porches, unenclosed carports and unenclosed accessory structures.

"Refuse" shall have the same meaning as Debris.

Part 2 – Land Maintenance

Every Owner or Occupant shall keep their land free and clear of all Debris, Refuse or Domestic Waste of any kind.

Every Owner or Occupant shall keep their land free and clear of any conditions that might create a health, fire or accident hazard.

Every Owner or Occupant of any building or land may provide for the composting of plant matter on the land provided that the composting material is kept in a container that is secured on all sides so as to prevent the entry of rodents or other animals, covered with a tight fitting cover which shall be kept closed at all times except when material is being placed therein. The container for such composting shall be no greater than 1.82m in height and shall be kept 1 m from all property lines.

Section 3 – Grass and Naturalized Gardens

No Owner or Occupant of land shall permit grass to exceed 15cm in height.

No Owner or Occupant of land shall permit noxious weeds, as defined by the Weed Control Act R.S.O. 1990, c. W5, as amended, on their land.

No Owner or Occupant shall permit Naturalized Gardens on their property to exceed 0.6m in height within any Corner Sight Triangle.

No Owner or Occupant of land shall fail to maintain a Naturalized Garden.

Every Owner or Occupant shall ensure that any Naturalized Garden on their property shall be kept 1 m from all property lines.

Every Owner or Occupant of land shall keep vegetation trimmed and kept from overhanging public property to affect safety, visibility, or the passage of the general public.

Section 4 – Standing Water

Every Owner or Occupant shall keep their land free of standing water.

Every Owner or Occupant shall keep their land free of containers or debris capable of holding standing water in such a manner as to be exposed to the breeding of larvae and/or growth of insects.

Section 5 – Inoperable Vehicles

No Owner or Occupant of land shall use their land for the parking and/or storage of inoperable vehicles.

Despite Section 5.1 of this By-law, the Owner of land may park, place or store one (1) inoperable vehicle on the land for the purpose of repairing it for their own use, but not for commercial purposes, provided such repair is completed within thirty (30) days from the date on which the inoperable vehicle is first parked, placed or stored on the land.

Section 6 – Litter

No Person shall throw, dump, place, deposit or cause or permit to be thrown, dumped, placed or deposited debris or refuse on private property without the consent of the Owner of such property.

No Person shall throw, dump, place, deposit or cause or permit to be thrown, dumped, placed or deposited debris on City property without written consent from the City.

No Owner or Occupant of any property in the City of Belleville on which any debris of any kind has been or may hereafter be thrown, dumped, placed or deposited, shall fail to forthwith remove the same.

No Person shall place debris in a receptacle which is not owned by the City without the consent of the Owner of such receptacle.

No Person shall deliver, throw, drop or place cause, permit or allow the delivery, throwing, dropping or placing of any newspaper, magazine, flyer, leaflet or similar device if the Owner or Occupant has provided explicit direction not to do so.

Where debris is thrown, dumped, placed or deposited from a vehicle the registered owner of the vehicle shall be presumed to have been the person who threw, placed, dumped or deposited the debris, which presumption may be rebutted by evidence contrary on a balance of probabilities.

Where debris is thrown, dumped, placed, or deposited and the nature of the debris, any markings on the debris, or other evidence with respect to the debris, reasonably indicates its origin, the Owner of the property of the debris' origin shall be presumed to have been the person who threw, placed, dumped or deposited the debris, which presumption may be rebutted by evidence to the contrary on a balance of probabilities.

Section 7 – Exemptions

Section 2.1 shall not apply to construction equipment and materials stored in an orderly manner on land where there is an active building permit issued for the construction of a building or structure on such land.

This By-law does not apply so as to prevent a farm operation or practice meeting the definition of "agricultural operation" and "normal farm practice" under the Farming and Food Production Protection Act, 1998, SO 1998, c.1, as amended from carrying out a normal farm practice as provided for and defined under that Act.

Section 3 of this By-law does not apply to property owned or leased by the City of Belleville or it's agents.

Section 8 – Inspections

An Officer may enter upon any land at any reasonable time to determine whether the land conforms with this By-law or to determine whether a direction, requirement or Order made under this By-law or an Order under Section 431 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, is being complied with.

For the purposes of an inspection under Section 8.1 of this By-law, an Officer may:

  • Require the production for inspection of documents or things that may be relevant to the land or any part thereof;
  • Inspect and remove documents or things relevant to the land or part thereof for the purpose of making copies or extracts;
  • Require information from any person concerning a matter related to the land or part thereof;
  • Be accompanied by a person who has special or expert knowledge in relation to the land or part thereof;
  • Alone or in conjunction with any person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

No Person shall hinder or obstruct or attempt to hinder or obstruct any Officer exercising a power or performing a duty under this By-law.

The City may charge the Owner of a property a fee or charge pursuant to the City's current Fees & Charges By-law to conduct an inspection, including additional fees for multiple inspections.

Section 9 – Order to Comply

Where an Officer is satisfied that there has been a contravention of any provision of this By-law, the Officer may issue an Order requiring the owner or occupier of the premises on which the contravention has occurred to do work to correct the contravention.

An Order shall set out:

  • Reasonable particulars of the contravention;
  • The location of the premises on which the contravention occurred;
  • The general nature of the work required to be done to correct the contravention; and
  • The date by which the work must be done.

An Order may be served by:

  • Personal service upon an Owner or Occupant;
  • Regular or registered mail sent to the address of the owner as shown in the most current tax records;
  • By email to the last known email address of the Owner or Occupant; or
  • By posting a copy of the Order conspicuously either on the subject property or on any structure located on the subject property.

An Order issued under Section 9.1 of this By-law is deemed to be served:

  • Immediately upon personal service of such Order; or
  • On the 5th day after such Order has been mailed; or
  • On the end of day such Order has been emailed; or
  • Immediately upon the posting of such Order in a conspicuous place on the subject property or structure located on the subject property.

Where the Owner or Occupant fails to comply with an Order issued under this By-law the City, in addition to other remedies:

  • Shall have the right to carry out the work as required in the Order and for this purpose may, with its servants and agents from time to time, enter in and upon the property;
  • Shall have the right to recover the expense of carrying out the work as required in the Order by adding the expense to the tax roll and collecting such expense in the same manner as taxes; and
  • Shall not be liable to compensate such Owner, Occupant or Other person having an interest in the property by reason of anything done by or on behalf of the City under the provisions of this By-law.
Section 10 – Enforcement and Penalties

The provisions of this By-law may be enforced by an Officer.

Any person who contravenes an Order or fails to comply with an Order made under this By-law is guilty of an offence.

Any person who is in contravention of any provision of this By-law, or who contravenes an Order made under this By-law is deemed to be committing a continuing offence for each day that the contravention continues.

Any person who contravenes any provision of this By-law is liable to a fine or other penalty as provided for in the Provincial Offences Act, R. S. 0. 1990, c. P.33, as amended.

Section 11 – Validity

Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this Bylaw are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.

Where a provision of this By-law conflicts with the provision of another By-law, Act, or Regulation in force within the City of Belleville, the provisions that establish the higher standards to protect the health and safety of the persons shall prevail.

Section 12 – Transition

After the date of passing of this By-law, By-law Nos. 2011-206 and 2014-120 shall apply only to those properties in which an Order has been issued prior to the date of passing of this By-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order including any demolition, clearance, or repair carried out by the City shall have been concluded.

Section 13 – Short Title

This By-law shall be known as the "Land Maintenance By-law".

Section 14 – Repeal and Enactment

By-law 2025-117 will take effect on July 1, 2025, except for the purposes set out in Section 12.1 of this By-law, and will repeal By-law Numbers 2011-206 and 2014-120 in their entirety.

Passed on June 23, 2025.

The Noise By-law regulate noise that disturbs, or is likely to disturb, residents.

Noise concerns can be submitted through our Noise Reporting Package and submitted to By-law Enforcement. Once a completed log has been received, an officer will contact you to discuss next steps. Noise issues that require immediate after-hours attention should be directed to the Belleville Police Service at their non-emergency line.

Those seeking a temporary exemption from the Noise By-law for events or activities that may exceed permitted noise levels may submit a Noise Exemption Request (all requests are subject to review).

By-law 2025-122 – A By-law to Regulate Noise Within the City of Belleville

Whereas Section 128 of the Municipal Act, 2001 provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become public nuisances;

And Whereas Section 129 of the Municipal Act, 2001 provides that a municipality may pass by-laws to prohibit and regulate noise;

And Whereas Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws respecting health, safety, and the well-being of persons;

And Whereas Section 425(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality is guilty of an offence;

And Whereas the Council of The Corporation of the City of Belleville deems it appropriate to regulate noise;

Now Therefore the Council of The Corporation of the City of Belleville hereby enacts as follows:

Part 1 – Definitions

In this By-law:

"City" shall mean The Corporation of the City of Belleville;

"Clerk" shall mean the City Clerk appointed pursuant to Section 228 of the Municipal Act, 2001, by the Council of The Corporation of the City of Belleville or their designate;

"Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith.

"Construction Equipment" means any equipment or device designed and intended for use in Construction, or material handling, including but not limited to, air compressors, pile drivers, power tools, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment;

"Council" shall mean the Council of The Corporation of the City of Belleville;

"Dwelling Unit" shall mean a residential unit that is used or intended for use as a residence by an individual or household in which a bathroom and some culinary conveniences are provided for the exclusive use of such individual or household and with a private entrance from outside the building or from a common hallway or stairway inside, but does not include a hotel or recreational vehicle;

"Motor Vehicle" shall mean an automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle, traction engine, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act, R.S.O 1990, c. H.8, as amended.

"Officer" shall mean a By-Law Enforcement Officer appointed by the City of Belleville, a Police Officer in the Province of Ontario or any Person as authorized by the Council of the Corporation of The City of Belleville for the enforcement of municipal by-law;

"Person" shall mean any individual, association, firm, partnership, or incorporated company.

"Point of Reception" shall mean any geographic location at which noise can be heard other than the premises from which the noise originates; 

"Special Event" includes a demonstration, parade, sports event, festival, carnival and other similar events.

Part 2 – General Prohibition

No Person shall cause or permit the emission of any noise resulting from any of the activities listed in Schedule "A" if the noise is audible at the Point of Reception.

No Person shall cause or permit the emission of any noise resulting from any of the activities listed in Schedule "B" during the prohibited period of time if the noise is audible at the Point of Reception.

Part 3 – Exemption

3.1 This By-law shall not apply to a Person who causes or permits the emission of noise in connection with any of the activities listed in Schedule "C" of this by-law.

3.2 The Clerk may require mitigation measures as necessary to give force and effect to this By-law.

Part 4 – Temporary Noise Exemption Permits

Any Person may make application to the Clerk to be granted an exemption by the issuance of a temporary noise exemption permit from any of the provisions of this By-law. The application for the issuance of a temporary noise exemption permit shall be made in writing at least 45 days prior to the commencement of the requested exemption and shall contain:

  • The name of the applicant;
  • A description of the source of the sound in respect of which exemption is sought;
  • A statement of the particular provision(s) of the By-law from which exemption is sought;
  • A period of time for which the exemption is sought;
  • Rationale for the request;
  • Proof of circulation of a notice of intention to apply for any exemption to this By-law, in the form of a document as prescribed by the City, to all residences with in a 120 metre radius of the subject property containing the information required by Section 4.4.a through Section 4.4.e.;
  • The non-refundable permit fee as prescribed by the City's current Fees and Charges By-law;
  • The name, address, and phone number of a Person responsible for supervising the event for which the exemption is requested; and
  • A declaration from the applicant that the Person named as the supervisor of the event for which the exemption is being sought will be on site for the duration of the exemption period.

The Clerk maintains the discretion to waive the permit fee for a temporary noise exemption permit.

In determining whether to grant a temporary noise exemption permit and/or to waive any fees, the Clerk shall:

  • Determine whether the applicant has complied with all terms and conditions of any previously issued temporary noise exemption permits, if any;
  • Consider any mitigating or aggravating effects the issuance of the temporary noise exemption permit may have on neighbouring properties or the City.

The Clerk may impose conditions on a temporary noise exemption permit, including but not limited to:

  • The type and volume of sounds that may be made;
  • The times during which the sounds may be made;
  • The date of expiry of the temporary noise permit;
  • Requiring the posting of security prior to the activity; and
  • Requiring that the applicant, City staff or a professional engineer monitor the sound levels resulting from the event or activity and requiring a report of the findings of the engineer to be filed with the City within 30 days of the event or activity, at the applicants expense.

Any temporary noise exemption permit issued under this By-law shall expire on the date set out on the temporary noise exemption permit, or if no date is set out on the temporary noise exemption permit, the permit shall expire forty-eight hours after its issuance. 

Any breach by the holder of the temporary noise exemption permit of any of its terms or conditions may render the temporary noise exemption permit null and void.

No holder of a temporary noise exemption permit shall fail to comply with the terms and conditions of the temporary noise exemption permit.

The Clerk shall notify Council of the issuance of any temporary noise exemption permit.

Part 5 – Order to Comply

An Officer may order any and all Persons to cease causing noise. This includes the ability to require any or all Persons involved in causing noise to leave a public place.

No Person shall fail to comply with an order given under the authority of the By-law.

Part 6 – Enforcement and Penalties

This By-law may be enforced by an Officer or other individual authorized by Council.

An Officer may, at all reasonable times, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this Bylaw have been complied with.

No Person shall:

  • Prevent, hinder or interfere or attempt to interfere with an inspection undertaken by an Officer.
  • Fail to provide identification or a required document upon request from an Officer.

Every Person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.

Part 7 – Validity

Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this Bylaw are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.

Where a provision of this By-law conflicts with the provision of another By-law, Act, or Regulation in force within the City of Belleville, the provisions that establish the higher standards to protect the health and safety of the Persons shall prevail.

Part 8 – Transition

After the date of passing of this By-law, By-law Number 2011-180 shall apply only to those properties in which an Order has been issued prior to the date of passing of this By-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order including any demolition, clearance, or repair carried out by the City shall have been concluded.

Part 9 – Short Title

This By-law may be cited as the “Noise By-law”.

Part 10 – Repeal and Enactment

By-law 2025-122 will take effect on August 1, 2025 and, except for the purposes set out in Section 8.1 of this By-law, By-law Number 2011-180 is hereby repealed.

Passed on July 14, 2025.

The Open Air Burning By-law outlines types of fires and conditions that must be met for each.

All residents who want to set or maintain an open air fire must obtain a burn permit and follow all applicable rules as set out in the by-law. 

By-Law 2025-118 – A By-Law to Regulate Open Air Burning in the City of Belleville

Whereas Section 10(2) of the Municipal Act, 2001, SO. 2001, as amended, c.25, a single-tier municipality may pass by-laws respecting health, safety and well-being of persons;

And Whereas Section 7.1 (1 )(b) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, authorizes the council of a municipality to pass by-laws regulating the setting of open-air fires, including establishing the times during which open air fires may be set;

And Whereas the regulation of open-air burning is important for the health, safety and well-being of the inhabitants of the municipality;

And Whereas the Council of The Corporation of the City of Belleville deems it advisable to enact such a by-law and repeal By-law 2021-12;

Now Therefore the Council of The Corporation of the City of Belleville enacts as follows:

Part 1 – Interpretation
Definitions

"Adverse Effect" means impairment of the safety of any person or their ability to enjoy their property or premises and or damage to property;

"Agricultural Fire" means an open-air fire where materials to be burned that does not exceed 5 metres in height, 5 metres in width and 5 metres in length and where the open-air fire is set and maintained solely for the purposes of burning wood, tree limbs and branches;

"Approved" means approved by the "Chief Fire Official" as defined in section 1.2.1.2 on Ontario Regulation 213/07 (Ontario Fire Code), as amended, made under the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4 as amended;

"Approval" means written authorization from the Chief Fire Official or designate.

"Approved Device" means a device/container that is approved or listed by a recognized national or international testing/certification organization that is designed and approved to contain an open-air fire and or as approved by the Fire Chief or designate to contain an open-air fire;

"Barbecue" means a portable or fixed device designed and intended solely for the cooking of food in the open air but does not include outdoor fireplaces or campfire;

"Balcony" means a platform projecting from a wall of a multiple unit dwelling, surrounded by a railing or balustrade;

"Brush fire" means an open-air fire where the material to be burned does not exceed 3 metres in height, 3 metres in width and 3 metres in length and where the open-air fire is set and maintained solely for the purposes of burning wood, tree limbs and branches;

"Burn Barrel" means a noncombustible or combustible barrel of any size commonly used to burn debris and other waste materials.

"Burn Permit" means a permit that is issued in accordance with this Bylaw, authorizing a "Open Air Burning, Brush Fire, Agricultural Fire or Specific Use Fire";

"By-law Enforcement Officer" means a person duly appointed by the Council of the City of Belleville to enforce by-laws;

"Campfire" means an open-air fire that is set and maintained solely for the purpose of cooking food. providing warmth and/or recreational enjoyment and is a maximum size of 1 cubic meter;

"Cooking Device" means a non-combustible device designed for and used solely for the cooking of food;

"Cooking Fire" means an Open Air fire used for the purpose of cooking food on a grill but does not include a manufactured barbeque.

"Dangerous condition" means any condition as determined by the Fire Chief that increases the risk of the spread of a fire or is averse to public safety;

"Farming business" means a farming business as defined in the Farm Registration and Farm Organizations Funding Act, S.O. 1993, as amended;

"Fire Chief" means the Chief of the Fire and Emergency Services Division of the City of Belleville, or their designate.

"Firefighter" means the Fire Chief and any other person employed in, or appointed to, the Fire and Emergency Services Division of the City of Belleville, and assigned to undertake fire protection services.

"Flying/floating lanterns" means a combustible material warm air floating device which uses an open flame for floatation;

"FPPA" means the Fire Protection and Prevention Act, S.O. 1997, c4, as amended, and the regulations enacted thereunder as amended from time to time. or any Act or Regulation enacted in substation
therefore;

"Household waste" means combustible material such as perishable foods, plastics, paints, oils, solvents. rubber. insulation, batteries, acids, polystyrenes (Styrofoam), pressure treated or painted lumber, tires, upholstered furniture, synthetic fabrics, diapers and hazardous waste as defined in the Environmental
Protection Act and all other similar and like materials;

"Highway" means a common and public highway and includes any bridge, trestle. viaduct or other structure forming part of the highway and, except as otherwise provided, Includes a portion of the highway;

"Lot line" means any boundary of a lot or the vertical projection thereof;

"Maintain" means to allow an open-air fire to continue to burn and "maintained" and "maintaining" have a corresponding meaning; 

"Material to be burned" means total volume of materials contained in the fire;

"Municipality" means The Corporation of the City of Belleville or the geographic area of the Municipality of the Corporation of the City of Belleville;

"Non-approved Device" means a container that is not listed by a recognized national or international testing/certification organization and designed and approved to contain an open-air fire and can include but are not limited to drums, barrels, oil tanks, gas tanks, wheel rims;

"Nuisance" means excessive smoke, smell, airborne sparks or embers that is likely to disturb others, or that is likely to reduce visibility on roads in the vicinity of the Open Air Burning;

"Open Air Burning" means the setting of a fire in the open air for the purpose of burning grass, leaves, petroleum products, household garbage, plastics, rubber, painted or pressure treated lumber or any other rubbish and combustible material and includes burning in barrels, drums, pits, outdoor fireplaces either masonry, metal, or clay pot type, but does not include small confined fires, or fires used to cook on a grill or barbecue that are supervised at all times;

"Outdoor Appliance" means a manufactured non-combustible solid fuel burning
device that:

  • is not contained within a building;
  • is wholly or partly enclosed; and
  • has a chamber intended to contain combustion, and may include a stack to direct the flow of air or combustion gases from the appliance and may include, but is not limited to, appliances such as stoves, furnaces, boilers.

"Outdoor Fireplace" means a non-combustible, wholly-enclosed or partially enclosed container designed to hold a fire for decorative purposes and the size of which is not larger than 1 metre in any direction, and may include, but is not limited to, chimineas or fire bowl, and which is not fueled by natural gas or propane.

"Partial Burn Ban" means a period of time which the Fire Chief declares open-air burning restricted to the use of campfires, outdoor fireplaces and cooking devices

"Person" means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors, or other legal representatives of a person to whom the context can apply according
to law;

"Portable appliance" means a device to convert fuel into energy, and includes all components, controls, wiring and piping for outdoor use and installed in accordance with the manufacturer's instructions;

"Prohibited Materials" includes wet materials, green timber, household waste, rubber or rubber products, plastic or plastic products, pressure treated or painted lumber and waste petroleum products and any material or materials which are prohibited by the Environmental Protection Act, R.S.O. 1990, c.E.19, as
amended;

"Prohibited Areas" are those areas within the Corporation of the City of Belleville as outlined in Schedule 1 of this By-Law;

"Property" includes a building or structure or part of a building or structure, and includes the lands appurtenant thereto and all mobile homes, mobile buildings or mobile structures and vacant land:

"Registered owner" includes the person who is shown as owner of a property in the records of the Land Registry Office, a trustee acting on behalf of the registered owner, the estate trustee of a registered owner, a person with a leasehold interest In the land and an authorized representative of a corporate registered owner;

"Smog Alert" means an alert issued by the Ministry of the Environment with respect to air quality;

"Spark Screen" means a metal screen or shield placed over - above cooking or campfire to restrict sparks or embers;

"Total Burn Ban" means a period of time during which the Fire Chief declares a ban on any open-air burning, including cooking fires and campfires.

"Wind Speed" means the wind speed for Belleville as reported on the Environment Canada website.

Part 2 – Application
Application

This By-law applies within the geographical boundaries of The Corporation of the City of Belleville.

Non-Application:

This By-law does not apply to a person who sets a fire:

  • In an incinerator operated in accordance with the Certificate of Approval issued pursuant to the Environmental Protection Act, R.S.O. 1990, c.E.1 g and Regulations thereunder;
  • In a device which has been installed outside of a building which meets each of the conditions;
    • The device is designed for and used as a source of heat or power for the building or Is designed for and used for a purpose ancillary to a manufacturing process;
    • the certification of the device is produced upon request of a By-law Enforcement Officer or Firefighter; and
    • the device is in good working order;

Listed Gas Appliance: Natural gas or propane fueled fire pits listed by a recognized and authorized national
testing laboratory are permitted in all areas of the municipality and do not require a burn
permit.

Effect of Other Legislation

Nothing in this By-law shall be deemed to authorize any fire, burning or other act that is in contravention of the Environmental Protection Act R.S.O. 1990, c.E.19, the Forest Fires Prevention Act, R.S.O. 1990, c.F.24, the Fire Protection and Prevention Act, S.O. 1997, c4, or other federal or provincial statute, or any Regulation made thereunder. In the event of any conflict between the provisions of the By-law and said Act or Acts or Regulations, the said Act or Acts or Regulations made thereunder shall govern. In the event of any conflict between the provisions of the By-law and any other municipal by-law, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail.

Part 3 – Prohibition and General Conditions
Prohibition - Setting Fires

Except as provided in Section 4, no person shall set a fire in the Municipality unless:

  • The fire is in accordance with all the conditions and permit requirements included in this By-Law;
  • The fire set in an "approved device" and does not constitute a health or environmental concern to any resident or business;
Training or Demonstration Fires 

For the purpose of the By-law, a training or demonstration fire is a fire which is set in the Municipality for the purpose of demonstrating firefighting equipment or as a training exercise;

The Fire Chief is authorized to give written consent for the setting of a demonstration or training fire.

Permitted Fire

For the purposes of this By-law, a permitted fire is a fire that complies with all Regulations and conditions as described within this by-Law.

General Prohibitions

No person shall set or maintain an open-air fire that is in contravention with any part of this By-Law;

No person shall set or maintain any open-air "Brush Fire" within any of the identified area in Schedule 1 Zone A or B of this By-Law unless approved;

No person shall set or maintain a fire in a burn barrel or other non- approved container within the city of Belleville unless approved;

No person shall set or burn grass;

No person shall burn prohibited materials or household waste in an open-air fire;

No person shall use a flying/floating lantern as defined;

No person shall use gasoline, diesel fuel or any other type of hydrocarbon fuel to start a fire.

No person shall set or maintain any open-air fires other than a permitted campfire as defined and the use of cooking devices as defined, when a partial burn ban on open-air fires has been issued by the Fire Chief or designate;

No person shall set or maintain any open-air fire when a total burn ban on open-air fires has been issued by the Fire Chief or designate without approval;

Consent of Registered Owner

No person shall set or maintain a permitted fire on any property in the
Municipality unless:

  • The person setting or maintaining the fire is the registered owner or the authorized designate of the property on which the fire is set;
  • The person setting or maintaining the fire has the written consent of at least one registered owner of the property on which the fire Is set.
Prohibited Conditions

No person shall set or maintain a permitted fire in the Municipality in a location or in a condition likely to cause or result in:

  • a decrease in visibility on any highway from smoke;
  • cause a nuisance, inconvenience or irritation to others from smoke or fumes to a neighboring property, resident or business;
  • The spread of the fire due to the proximity of any combustible materials;
  • Wind driven flames from high wind conditions {Wind speed not to exceed 24
    kilometers per hour (kph)}
Part 4 – Prohibition on Specific Types of Fires
Campfires

No person shall set or maintain a campfire unless all of the following conditions are met:

  • No person shall conduct or permit open air burning without obtaining a permit as outlined in Part 5
  • The campfire shall occur between the hours of 5pm and 11 pm;
  • The campfire is contained within an area of noncombustible metal, masonry. ceramic or stone or is contained within a pit In the ground and has a maximum diameter or 60 centimeters and is located in Zone A of schedule 1;
  • The material burned in the campfire is clean, dry, untreated wood in a single pile that is less than 60 centimeters in height, width and length;
  • The campfire is located not less than six (6) metres from any building, hedge, fence, overhead wiring or other combustible material and be located 15 metres from the lot line;
  • The person tending the campfire has tools or water adequate to contain and if required extinguish the fire within the campfire area;
  • The fire is not set or maintained during a period identified as having a "Total Burn Ban" in place.
    Page 7 of 15
Fire in an Outdoor Fireplace/ Burning Appliance

No person shall set or maintain a fire in an outdoor fireplace/ burning appliance unless all of the following conditions are met:

  • No person shall conduct open air burning without obtaining a permit as outlined in Part 5
  • The outdoor fireplace /burning appliance is constructed of non-combustible metal, masonry, ceramic or stone on grade;
  • The outdoor fireplace is not located on a balcony or deck;
  • The outdoor fireplace is not located on any combustible surface;
  • The outdoor fireplace is in good working order;
  • The fire in the outdoor fireplace/ burning appliance shall occur between the hours of 5 pm and 11 pm;
  • The outdoor fireplace / burning appliance is located not less than three (3) metres from any structure, overhead wiring or other combustible material and be three (3) meters from the lot line;
  • The person burns only clean, dry, untreated wood or commercial charcoal in the outdoor fireplace;
  • Any fire in an outdoor fireplace within the areas identified in Zone A or B of Schedule 1, the appliance or fireplace must be equipped with a spark screen or cover with a maximum opening of 13mm, and flames shall not extend more than 15 cm through and above the spark arrestor;
  • The fire is not set or maintained during a period identified as having a "Total Burn Ban" in place;
Brush Fire

No person shall set or maintain a brush fire unless they ensure all the following conditions are met: 

  • No person shall conduct a brush fire without obtaining a permit as outlined in Part 5;
  • The fire is set and maintained at no less than twenty (20) metres from any building, hedge, fence, overhead wire or other combustible material, or lot line;
  • The pile of materials to be burned in the fire do not exceed three (3) metres in length, three (3) metres in width, and three (3) metres in height;
  • They have the necessary means immediately available at the site of the fire to permit them to extinguish the fire, to limit its spread, and if necessary, to summon Belleville Fire & Emergency Services;
  • Brush fires are only permitted in Zone A as identified in Schedule 1 of this Bylaw;
  • That the person present and in control of the Brush Fire is the person identified in the Burn Permit
Agricultural Fire

No person shall set or maintain an agricultural fire unless they apply in writing to the Fire Chief for the Agricultural required burning and if they ensure all of the following conditions are met:

  • No person shall conduct a agricultural fire without obtaining a permit as outlined in Part 5
  • Property owners shall have the area where they plan to burn inspected. No exceptions. Contact the fire department 3 business days prior to burning to arrange for an inspection at 613-962-2010
  • The fire is set and maintained at no less than Fifty (50) metres, from any building, hedge, fence, overhead wire or other combustible material, or lot line;
  • The materials to be burned in the fire do not exceed five (5) metres in length, five (5) metres in width and five (5) metres in height with a maximum of four (4) piles burning simultaneously unless otherwise approved;
  • The agricultural fire shall occur between sunrise and sunset;
  • The person setting the fire has the necessary means immediately available at the site of the fire to permit them to extinguish the fire, to limit its spread, and if necessary, summon Belleville Fire & Emergency Services;
  • Agricultural Fires are only permitted in area identified as zone A in Schedule 1 of this By-Law;
  • Authorization approval issued is valid only for the time(s), conditions and day(s) set out as approved by the Chief Fire Official and has issued Authorization to Burn Permit
  • That the person present and in control of the Agricultural Fire is the person identified in the Authorization.
Specific Event

A community not-for-profit organization, school, religious Institution or a resident may apply in writing to the Fire Chief for a specific event permit to conduct open air fires for cultural, religious or recreational specific event and if they ensure all of the following conditions are met:

  • No person shall conduct a specific event fire without obtaining a permit as outlined in Part 5
  • All conditions as set out on the permit and approval are followed;
  • The person or organization issued the permit has the necessary means immediately available at the site of the permit to extinguish the fire or to limit its spread and if necessary, summon Belleville Fire & Emergency Services;
  • Authorization approval issued is valid only for the time(s) and day(s) set out on the issued Authorization to Burn;
  • That the person present and in control of the Specific Event Fire is the person identified in the Burn Permit and/or the authorization from the Chief Fire Official;
Fire in a Cooking Device

No person shall set or maintain a fire in a cooking device unless they ensure all the following conditions are met. The cooking device:

  • Is not located on a balcony of a multi-unit residential building;
  • Is located at least one (1) metre from any building or structure; and is in good working order, and/or the clearances labelled on the device can be met;
  • The person burns only commercial charcoal, compressed gas or wood in the cooking device, as is appropriate for the design of that cooking device. 
Heating During Construction

No person may set or maintain a fire in a portable appliance during a construction or maintenance process unless they ensure all the following conditions are met:

  • The portable appliance is designed for that purpose;
  • The portable appliance is only used for that purpose;
  • The portable appliance is used in accordance with manufacturer's instructions;
  • The portable appliance is in good working order;
  • Burn Barrels or drums are not permitted
Request for a Burn Permit

Any person eighteen (18) years of age or older may apply for an open air fire burn permit prior to the proposed date of any open-air burning;

  • The applicant for a burn permit shall provide all the information and such other documentation or materials as may be requested by City of Belleville prior to obtaining the burn permit.
Issuing of a Burn Permit

The Fire Chief/designate shall review the request for a burn permit and the documentation or materials filed with the request and shall:

  • Approve the request and issue the burn permit to the applicant if all fees are paid;
  • conditionally approve the request subject to such restrictions, regulations or conditions as the Fire Chief in their sole and absolute discretion consider advisable if all fees are paid;
  • May refuse to approve the request;
  • Where the Fire Chief refuses to approve a request for an open air burn permit, the Fire Chief shall advise the applicant that the request has been refused;
Part 5 – Burn Permit
Burn Permits

Any permit issued under this by-law is personal to the permit holder and shall not be transferred or assigned;

A permit shall be valid only for the period of time for which it was issued and shall expire on December 31 st or in the manner specified in the authorization;

The person who was issued the burn permit is responsible for any costs associated with Belleville Fire & Emergency Services being required to attend to extinguish or control the fire;

Permit Holder

No person holding a burn permit or specific event permit shall set or maintain a fire under the authority of the authorization, except in accordance with the terms and conditions of authorization/permit and this by-law:

Revocation of Burn Permit

The Fire Chief may, at any time, in their sole and absolute discretion, revoke any burn permit, if the Fire Chief reasonably believes that:

  • Any of the information provided with the request or supporting documentation or materials are not accurate;
  • A term or condition of the bum permit is not being observed;
  • The open air burning causes, or has potential to cause a hazard whether it be from smoke or fire to persons, property or the environment.
Part 6 – Approved Devices

Any propane or natural gas outdoor fireplace or cooking appliance is considered an approved device as long as it is operated within the manufacture's specifications and has the approved listing of a testing and certification organization;

Part 7 – Enforcement and Cost Recovery
Enforcement

No person shall obstruct, hinder or in any way interfere with any person
designated to enforce this By-law:

A person is guilty of an offence if the person:

  • furnishes false information in an application for a Permit under this By-law;
  • contravenes any provision of this By-law; or
  • contravenes an order issued under section 15.

A person who is convicted of an offence under this by-law is liable to a fine and penalty as pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.P.33.

A Permit issued under this By-law may be revoked by Fire Chief if the Permit holder fails to comply with the requirements of the Permit or any other provision of this By-law.

In accordance with section 7.1 of the FPPA, a Firefighter may enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether this by-law is being complied with.

For the purposes of an inspection pursuant to s. 28 above, an Officer may:

  • require the production for inspection of documents or things relevant to the inspection;
  • inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
  • require information from any person concerning a matter related to the inspection; and
  • alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.
  • If an Officer is satisfied that this by-law has been contravened, the Officer may requiring the person contravening the by-law to immediately extinguish the fire or take action to extinguish the fire.
Right of Entry

Upon producing proper identification, a By-law Enforcement Officer or the Fire Chief or their representative may, at all reasonable times enter upon and inspect any property to determine if there Is a contravention of this by-law and to enforce or carry into effect the by-law.

A Firefighter may order a fire to be extinguished immediately if the fire:

  • is not set in compliance with this By-law;
  • is determined upon inspection by the Firefighter to constitute a safety hazard or concern; or
  • is not set in compliance with a Permit.
Cost to Extinguish Fire

Any costs and expenses of any action by the Municipality with respect to controlling or extinguishing a fire that is caused by, or results from, the conduct of a person acting contrary to this by-law, or is caused by or results from a person disobeying or refusing or neglecting to carry out any of the provisions of this bylaw, will be assessed in accordance with the City of Belleville Fees Bylaw at the time of the infraction, and are payable by that person to the Corporation of the City of Belleville on the date specified in the request for payment and if not paid on the date specified, such costs and expenses together with costs of collection, including legal fees and disbursements, are recoverable as a debt due to the Municipality by any remedy or procedure available to the Municipality by law and may be recovered in a like manner as taxes;

Civil Action

Nothing in this by-law affects or shall be held to limit or interfere with the right of any person to bring and maintain a civil action for damages occasioned by fire.

Offence

Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O. 1990, c.P.33 as amended or as assessed in accordance with the City of Belleville Fees Bylaw

Conflict with Other By-laws

That By-law 2021-12 is hereby repealed and in the event of any conflict between the provisions of this by-law and any other by-law regarding the regulation of open air fires the provisions of this by-law shall prevail, but nothing in this by-law shall invalidate the enforceability of other provisions of those by-laws.

The Clerk of the City of Belleville is hereby authorized to make any minor modifications or corrections of an administrative, numerical, grammatical, semantically or descriptive nature or kind to the By-Law and schedule as may be deemed necessary after the passage of this By-Law, where such modifications or corrections do not alter the intent of the By-Law;

Citing

This By-law may be cited as the "Open Air Burning By-law".

Passed on June 23, 2025.

The Pool By-law outlines permits, inspections and minimum safety standards required for fences/gates (“swimming pool enclosures”) around privately owned outdoor swimming pools in Belleville, and provides related enforcement powers and penalties to restrict unauthorized access and improve public safety.

By-law 2006-65 – A By-law to Prescribe the Height and Description of, and the Manner of Erecting and Maintaining Fences and Gates Surrounding Privately Owned Outdoor Swimming Pools, Within the City of Belleville

Whereas section 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25 (hereinafter the “Municipal Act”) authorizes a municipality to pass by-laws respecting fences;

And Whereas Subsection 9(3) of the Municipal Act authorizes a municipality to regulate or prohibit matters pertaining to fences as part of that power, to provide for a system of approvals and to impose conditions as requirements of obtaining, continuing to hold or renewing the approval;

And Whereas Section 130 of the Municipal Act authorizes a municipality to regulate matters related to the health, safety, and wellbeing of the inhabitants of the municipality;

And Whereas Section 427 of the Municipal Act authorizes a municipality to direct a matter or thing to be done under a by-law to be done at the person’s expenses should the person fail to do so, and to recover the costs of doing the thing or matter by action or by adding the costs to the tax roll and collecting them in the same manner as taxes;

Now Therefore the Council of The Corporation of the City of Belleville hereby enacts as follows:

Definitions

In this by-law:

“By-law Enforcement Officer” means the Chief Building Official or an officer of the Building Division of the City. 

“City” means the City of Belleville. 

“Chief Building Official" means the Chief Building Official for the City as appointed by City Council under the authority of the Building Code Act, S.O. 1992, c. 23 as amended, or his or her designate. 

“closed construction” means being constructed with vertical boards, bars, pipes, rails, or any other materials, when have a separation distance of 38mm (1 ½ in) or less in between each piece of the materials, or in the case of a chain-link fence, chain-link meshes of 38mm (1 ½ in) or less.   

“effective ground level” means the highest level of the ground within 1.22m (4ft) horizontal distance in any direction from the swimming pool enclosure. 

“expenses” means any and all sums of money actually spent or required to be spent by the City, and shall include but not be limited to all charges, costs, administrative fees, GST, outlays, legal fees and losses. 

“hot tub” means a body of water located outdoors contained by artificial means, with mechanisms allowing for the direction and/or adjustment of jets of warm water flowing in a rapidly rotating and circular current, and which produces a depression or cavity in the centre, and “hot tub” shall include tubs which are commonly called “spas” or “whirlpools.”

“maintain” means to preserve the condition of the swimming pool enclosure from failure or decline in order to ensure safety and strength.

“Manager” means the Chief Building Official and includes his or her designate.

“open construction” means being constructed with vertical boards, bars, pipes, rails, or other materials with have separation distance greater than 38mm (1 ½in) but not exceeding 100mm (4in) between any piece of the materials.

“owner” means the individual, firm or corporation that is the registered owner of a property and includes a lessee, tenant, mortgagee in possession, and the person or persons in charge of the land.

“permit” means a permit issued by the Chief Building Official of the City of Belleville under this by-law certifying approval to construct a swimming pool enclosure.

“person” has the same meaning as in the Interpretation Act and includes a corporation. 

“replace” or “replaced” shall mean the construction of a new swimming pool enclosure which takes the place of a previously constructed swimming pool enclosure.

“self-closing device” shall mean a mechanical device or spring which returns a swimming pool enclosure gate to its closed position within 30 seconds after it has been opened. 

“self-latching device” shall mean a mechanical device or latch which is engaged each time the swimming pool fence gate is secured to its closed position; which will not allow the swimming pool fence gate to be re-opened by pushing or pulling, and which will ensure the swimming pool fence gate remains closed until unlatched by wither lifting or turning the device itself or by a key.  

“solid construction” means being constructed with horizontal boards, bars, pipes, rails, or other materials in which no horizontal or vertical separation spaces are created. 

“swimming pool” means any body of water located outdoors contained wholly or partly by artificial means and which can hold water exceeding 61cm (24in) in depth at any point, but does not include hot tubs which are provided with a rigid lockable lid and any swimming pool owners by a public or governmental body, agency or authority. 

“swimming pool area” means the swimming pool and any surrounding platforms, walkways, play areas, and landscaped areas which lie within the swimming pool enclosure. 

“swimming pool enclosure” means a fence or wall or combination thereof, including and doors or gates surrounding a privately-owned outdoor swimming pool and restricting access thereto.

Administration

The Building Division of the City shall be responsible for the administration and enforcement of the By-law.

Application of By-law

This by-law does not apply to:

  • swimming pools located completely inside a building; or
  • existing swimming pool enclosures previously approved by the City prior to the date of final passing of this by-law, except as provided for in clause 4.2(5).
General Provisions
Swimming Pool Designations

The requirements of this by-law with respect to swimming pool enclosures apply equally to all swimming pools regardless of their designation as in-ground, above-ground, or on-ground.

No Person Shall

No person shall:

  • locate, construct, erect, replace, or install or cause to be located, constructed, erected, replaced, or installed a swimming pool or swimming pool enclosure unless a permit has been issued by the City pursuant to this by-law; or
  • erect or maintain or cause to be erected or maintained a swimming pool enclosure around the entire swimming pool except in accordance with the provisions of this by-law; or
  • place, cause or permit water to be placed or to remain in a swimming pool unless a swimming pool enclosure has been erected in accordance with the requirements of this by-law and a Final Inspection of the swimming pool enclosure has been performed and been passed by the City and unless the person maintains the swimming pool enclosure in a good state of repair in accordance with the standards of this by-law; or
  • use the swimming pool unless the swimming pool enclosure has been erected in accordance with the requirements of this by-law and a Final Inspection of the swimming pool enclosure has been performed and been passed by the City and unless the person maintains the swimming pool enclosure in a good state of repair in accordance with the standards of this by-law; or
  • allow, cause, or permit a swimming pool enclosure to deteriorate such that it no longer complies with the requirements of this by-law. 
Application to Chief Building Official in Writing

An application for a permit, with the required fees, to erect a new swimming pool enclosure or for the replacement or alteration of an existing swimming pool enclosure shall be made by the owner or his or her agent, in writing to the Chief Building Official on such forms as may be prescribed by the City.

Documentation to Accompany Application

All such applications shall be accompanied by the following:

  • A site plan showing the location of the swimming pool, deck (if applicable), pump, filter, and proposed swimming pool enclosure in relation to all existing property lines, and man-made structures located on the property (i.e. decks, sheds, buildings, etc.). This plan shall also show any natural or man-made features, which are located closer than 1.22m (4ft) from the exterior of the swimming pool enclosure which could facilitate the climbing of the swimming pool enclosure; and
  • The site plan above shall also include the location and size of all gates, which provide access through the swimming pool enclosure into the swimming pool area; and
  • Swimming pool enclosure details including exterior elevations of the swimming pool enclosure which details:
    • the type of fencing to be installed (i.e. chain-link, pressure-treated wood, etc.),
    • the type and size of all members, which comprise the swimming pool enclosure,
    • dimensions showing the height of the swimming pool enclosure, as well as spacing of all horizontal and vertical members, and
    • details and dimensions showing how the swimming pool enclosure is to be anchored to the ground.     
Fees

The fee required to accompany an application for a swimming pool enclosure permit shall be $10.00 / $1,000.00 of construction value of the enclosure with a minimum fee of $100.00.

Permit Revocation

The Chief Building Official may revoke a permit where it was issued on mistaken or false information and shall provide written notice of the permit holder of the revocation.

For the Purposes of This By-law
  • The distance between horizontal boards, bars, pipes, rails, or other materials used for a swimming pool enclosure shall be measured from the top of the upper horizontal piece of material, to the top of the next horizontal piece of material used to construct the swimming pool enclosure. 
  • The distance between vertical boards, bars, pipes, rails, or other materials are measured from the inside of the boards, bars, pipes, rails, or other materials 
  • The short form measurements used in this by-law shall have the following meaning:
    • “cm” means centimeter;
    • “ft” means feet;
    • “ga” means gauge;
    • “in” means inch;
    • “lb” means pound;
    • “m” means meter; and
    • “mm” means millimeter.
General Specifications
No Swimming Pool Enclosure Shall
  • have any horizontal or diagonal support or brace unless the support or brace is on the inside of the enclosure and the enclosure is of closed construction, or the horizontal rails are separated by a minimum clear vertical distance of 1.22m (4ft); or
  • be constructed of horizontal boards, bars, pipes, rails, or other materials unless the enclosure of solid construction, such that it does not facilitate climbing from the outside; or
  • have a separation distance between vertical boards, bars, pipes, tubes, rails, or other materials exceeding 100mm (4in), or in the case of a chain-link fence, have a chain-link mesh exceeding 38mm (1½ in); or
  • have a ground clearance space or gap greater than 100mm (4in) at any point under the enclosure between the bottom rail, board, pipe, or other support and the effective ground level; or
  • be located closer than 1m (3.28ft) to the water’s edge; or
  • be less than 1.52m (5ft) in height; or
  • be located closer than 1.2m (4ft) to any condition that facilitates the climbing of the enclosure, unless alternative measures are implemented to provide an equivalent level of safety as set out in this by-law. 
Hot Tub Exemption

Except as provided in 5.2(2), a hot tub is exempt from the requirements of this by-law;

The Owner of every hot tub shall keep a secure cover of rigid material locked in place over the opening at all times when the hot tub is not occupied and no person shall leave a hot tub without first locking the cover in place to prevent access when the hot tub is not occupied. 

Swimming Pool Enclosures of Wooden Construction

In addition to the requirements of this Part, every swimming pool enclosure of wooden construction shall:

  • be supported by vertical wooden posts with a minimum size of 100mm by 100mm (4in by 4in) nominal, spaced not more than 2.44m (8ft) apart, securely anchored into the ground; and
  • be constructed with vertical boards with a minimum nominal dimension of 25mm by 100mm (1in by 4in); and
  • be constructed with a horizontal top rail and a horizontal bottom rail with a minimum nominal dimension of 50mm by 100mm (2in by 4in).
Swimming Pool Enclosures of Chain-link Construction

In addition to the requirements of this Part, every swimming pool enclosure of chain-link construction shall:

  • have a mesh consisting of 12 ga, galvanized steel wires, or of 14 ga. steel wires covered with vinyl or other types of plastic approved by the Manager, yielding a total thickness equivalent to a 12 ga. galvanized steel wire; and
  • be supported by galvanized or vinyl coated steel vertical posts with a minimum diameter measurement of 38 mm (1½in) spaced not more than 3.043m (10ft) apart, installed as per manufacturer’s instructions; and 
  • have top and bottom horizontal rails or pipes firmly fastened to the vertical posts made of galvanized steel pipe with a minimum diameter of 32mm (1¼in). A galvanized steel 9-gauge bottom wire may be substituted for the bottom rail or pipe.
Swimming Pool Enclosures of Other Materials

Where a swimming pool enclosure is made of materials or construction other than prescribed by this by-law, it may be approved by the Chief Building Official by the issuance of a permit for the enclosure if he or she determines that the enclosure would yield an equivalent or greater degree of safety as provided in the requirements under this by-law.

Prohibited Materials

No part of a swimming pool enclosure shall contain barbed wired, electrical wiring, sharp projections, or any other objects or materials that would create a danger to the safety of any persons or animals.

Additional Requirements for Gates, Doors, and Entrances

Where a gate forms part of a swimming enclosure, it shall be:

  • supported on substantial metal hardware hinges; and
  • self-closing by means of a self-closing device; and
  • self-latching by means of a self-latching device at the top of and on the inside of the gate; and
  • a minimum of 1.52m (5ft) in height, and
  • kept locked at all times, when there is not a responsible person present supervising the pool. 

No person shall construct or maintain a double swimming pool fence gate access without one of the two gates having a self-closing device and a self-latching device. The gate of this double gate access without a self-closing device and self-latching device must have a device permanently affixed to the ground or other non-movable object, which prevent access through this gate without lifting or removing this device and then releasing the latch. 

Where a door forms part of the swimming pool enclosure but does not lead directly from a private dwelling unit, it shall be:

  • of such a height and of such construction as will provide a degree of safety and rigidity equivalent to or greater than that of a required fence; and
  • supported on substantial metal hardware hinges; and
  • equipped with a bolt, chain, latch, or similar device, located at a minimum height of 1.52m (5ft) from the bottom of the door; and
  • be kept locked at any time when the swimming pool contains 61cm (24in) or more in depth. 

The wall of a building may form part of a swimming pool enclosures, unless the following would be located within the enclosure:

  • a main building entrance; or
  • a service entrance to a multiple occupancy building containing more than (4) dwelling units. 
Construction Fence

A construction fence shall:

  • be 1.22 m (4ft) in height, and
  • consist of vertical wood lath with openings not greater than 38mm (1 ½in), or of plastic mesh with a mesh not greater than 38mm (1 ½in); and
  • have steel T-bar posts at intervals of not more than 3m (10ft); and
  • have a 9-gauge galvanized steel or vinyl coated wire at both the top and bottom; and
  • be permitted only during the construction of a swimming pool and shall be replaced with a permanent swimming pool enclosure that complies with the requirements of this by-law prior to filling the swimming pool with water. 
Enforcement
Order to Comply

A By-law Enforcement Officer may cause a written Order to Comply to be delivered to any person in contravention of this by-law, specifying the nature of the by-law contravention, and directing the person to correct the by-law contravention within a specified time.

Drain Swimming Pool

A By-law Enforcement Officer may order any person in contravention of this by-law to drain the swimming pool until such time as an inspection by a By-law Enforcement Officer has verified that the by-law contravention outlined in the Order to Comply, has been corrected.

Failure to Comply

If any person fails to comply with an Order under clauses 6.1 or 6.2, within the time prescribed therein, in addition to any other remedies available to the City may do any or all of the following, on behalf of the person:

  • remove, replace and/or repair parts of or the entire swimming pool enclosure; or
  • drain the swimming pool of water. 
Materials and Structures removed by the City

Any material or structures removed by the City under clause 6.3 may be deposited on the owner’s property or stored at the City for thirty (30) days at the owner’s expense. Any item stored by the City and not retrieved by the owner within thirty (30) days may be disposed of by the City in any manner as it deems appropriate.

Recover Costs

The City may recover the costs from the owner for the work done by the City on behalf of the owner under clauses 6.3 and 6.4 by action, or by adding the costs to the tax roll and collecting them in the same manner as taxes.

Entering Land

A By-law Enforcement Officer may enter upon land at any reasonable times for the purpose of administering or enforcing this by-law.

Service of Documents
Service of a Notice

Service of a Notice or Order under this by-law is sufficiently given if delivered personally or sent by registered mail to the owner or owner’s agent at the address provided on the permit application submitted under this by-law.

Deemed Delivered

Service by registered mail shall be deemed to be made on the fifth day after mailing.

Penalty

Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for under the Provincial Offenses Act, R.S.O. 1990, c. P.33, as amended.

Validity and Interpretation
Declaration of Provision Invalid or of No Force and Effect

If in a court of competent jurisdiction declares any provisions or part of a provision of this By-law to be invalid or to be of no force and effect, it is the intention of Council in enacting this By-law that the remainder of this By-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law.

Vocabulary and Grammar

All words importing the singular number shall include the plural, and words imparting the masculine gender shall include the feminine, and the converse of the foregoing also applies, unless the context of the By-law otherwise requires.

Repeal – Enactment
By-law Previous

That By-law Numbers 10692 and 9793 (former City of Belleville swimming pool fence by-laws) and By-law Number 3400 (former Township of Thurlow swimming pool fence by-law) and all amendments thereto are hereby rescinded and all by-laws or parts of by-laws inconsistent with the provisions of this by-law are hereby rescinded.

Short Title

This bylaw may be referred to as the Swimming Enclosure By-law.

Passed April 10, 2006.

The Property Standards By-law focuses on standards for dwelling units, the condition of structures on a property, and the maintenance of required building systems (e.g. plumbing, electrical, heating systems, etc.). It also outlines specific requirements around parking on private property. 

By-law 2025-157 – A By-law to Prescribe Standards for the Maintenance and Occupancy of Property within the City of Belleville

Whereas Section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c. 23 (Building Code Act) a by-law may be passed by the Council of a municipality prescribing standards for the maintenance and occupancy of property within a municipality; prohibiting the occupancy or use of such property that does not conform with the standards to be repaired and maintained to conform with the standards, providing that the official planfor the municipality includes prm,isions relating to the property conditions;

And Whereas Section 6(1) of the Building Code Act provides for the establishment of a Property Standards Committee;

And Whereas Sections 35.3 and 45.1 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended (Ontario Heritage Act), Council may, by by-law, prescribe minimum standards for the maintenance of the heritage attributes of a Part IV property or a Part V property, and require a Part IV or a Part V property that does not comply with the standards to be repaired and maintained to conform with the standards;

And Whereas Section 6( 1) of the Building Code Act provides for the establishment of a Property Standards Committee;

And Whereas the Council of The Corporation of the City of Belleville deems it desirable to enact a by-law prescribing minimum standards for the maintenance and occupancy of property and the maintenance of the heritage attributes of any protected heritage property within the City of Belleville, and to appoint a Property Standards Committee;

And Whereas the Ontario Heritage Act provides that no owner of a designated heritage property shall alter or permit the alteration of a designated-heritage property that is likely to affect the property's heritage attributes unless the owner applies to Council of a local municipality and receives Council's consent in writing to the alteration;

And Whereas under Section 10(2) of the Municipal Act, 2001, S.O. 2001, c. 25 (Municipal Act) a single tier municipality may pass by-laws respecting protection of persons and property;

And Whereas the Council of The Corporation of the City of Belleville seeks to conserve cultural heritage resources on protected heritage properties by prescribing minimum standards for the maintenance of the cultural heritage value or interest of such properties;

And Whereas the Council for the Corporation of the City of Belleville, consistent with provincial policy, deems it desirable to ensure that, in the event of conflict between any provision of this by-law and a provision in any other by-law passed by Council, the provision that ensures that cultural heritage resources are conserved shall prevail, subject to the fundamental cultural paramountcy of matters that protect the health, safety and well-being of persons;

And Whereas Section 425(1) of the Municipal Act provides that a municipality may pass by-laws providing that a person who contravenes a by-law passed under the Municipal Act is guilty of an office;

And Whereas Section 434.1 of the Municipal Act provides that a municipality may require a person to pay an administrative penalty if the municipality is satisfied that a person has failed to comply with a by-law of the municipality passed under the Municipal Act;

And Whereas Section 434.2(1) of the Municipal Act provides than an administrative penalty imposed by a municipality on a person constitutes a debt of the person to the municipality;

And Whereas Section 398(2) of the Municipal Act provides that the treasurer of a local municipality may add fees and charges imposed by the municipality to the tax roll for the property and collect them in the same manner as municipal taxes;

And Whereas Section 446(1) of the Municipal Act provides that if a municipality has the authority under the Municipal Act or any other Act or under a by-law under the Municipal Act or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense;

And Whereas Section 446(3) of the Municipal Act provides that the municipality may recover the costs of doing a matter or thing under Section 446(1) from the person directed or required to do it by adding the costs to the tax roll and collecting them in the same manner as property taxes;


Now Therefore the Council of The Corporation of the City of Belleville hereby enacts as follows:·

Part I – Definitions

"Accessory" Building shall mean a detached building or structure of which the use is normally related and secondary to a main use, building, or structure and located on the same lot.

"Basement" means that portion of a building that is partly below grade which has at least one-half of its floor to ceiling height below the average finished grade; and, that portion of a building that is fully below grade but is not a cellar.

"Building" means any structure having a roof, supported by columns or walls and used for the shelter or accommodation of Persons, animals, goods, or materials.

"Cellar" means the portion of a building that is partly or entirely below grade, having a height less than the dimension in the Ontario Building Code that would allow it to be habitable space.

"City" means The Corporation of the City of Belleville.

"Driveway" means a designated surface used to connect a parking lot, parking space, or private property to a public street, typically serving as the primary point of vehicular ingress and egress.

"Dwelling" means a building used for residential occupancy but does not include a hotel or similar use.

"Dwelling Unit" means a residential unit that is used or intended for use as a residence by an individual or household in which a bathroom and some culinary conveniences (e.g., sink, or countertop, or cooking appliance, or refrigeration appliance, etc.) are provided for the exclusive use of such individual or household and with a private entrance from outside the building or from a common a common hallway or stairway inside, but does not include a hotel or recreational vehicle and includes an Accessory Dwelling Unit.

"Fire Chief" means the Chief of Fire Services of the City, or their designate;

"Good Repair" shall mean a state or condition that is clean, safe, functional, and free from defects.

"Habitable Room" means any space in a dwelling designed for living, sleeping, eating or food preparation, but not including a lobby, hallway, closet or bathroom or any room having floor space of less than 4.65 square metres (50 square feet).

"Hazard" means a source of potential damage, harm, or adverse health effects on something or someone.

"Heritage Attribute" means, in relation to real property, and the buildings on real Property, an attribute of the Property, Building, or structure that contributes to its cultural heritage value or interest and that is defined or described:

  • In a By-law designating a Property passed under Section 29 of the Ontario Heritage Act, R.S.O., 1990, c.O.18 and identified as a Heritage Attribute, value, reason for designation or otherwise; or
  • In a Minister's Order made pursuant to Section 34.5, Part IV of the Ontario Heritage Act, R.S.O., 1990, c.O.18 and identified as a Heritage Attribute, value, reason for designation or otherwise; or
  • In a By-law designating a heritage conservation district passed under Section 41, Part V of the Ontario Heritage Act, R.S.O., 1990, c.O.18 and identified as a Heritage Attribute, value, reason for designation or otherwise; or
  • In the supporting documentation required for a By-law designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as a Heritage Attribute, value, reason for designation or otherwise; or
  • The elements, features, or Building components including roofs, walls, floors, retaining walls, foundations, and independent interior structures and structural systems that hold up, support, or protect the Heritage Attributes and without which the Heritage Attributes may be at risk.

"Heritage Property" shall mean a property designated under Part IV or Part V of the Ontario Heritage Act, R.S.O., 1990, c.O.18, as amended;

"Means of Egress" means a continuous path of travel provided for the escape of Persons from any point in a Building or contained open space to a separate Building, an open public thoroughfare or an exterior open space protected from fire exposure from the Building and having access to an open public thoroughfare. Means of Egress includes access to exits.

"Occupant" means any Person or Persons over the age of 18 years in control of the Property.

"Officer" shall mean a By-law Enforcement Officer appointed by the City of Belleville, a Police Officer in the Province of Ontario or any Person as authorized by the Council of The Corporation of the City of Belleville for the enforcement of municipal By-laws.

"Owner" shall mean the Person or Persons appearing on the municipal tax assessment roll or property tax account and Persons having lawful title to the land and includes Person as defined in this By-law.

"Person" shall mean any individual, association, firm, partnership, or incorporated company.

"Proper Receptacle" means a garbage cart, recycling cart, or an organics cart supplied by the City of Belleville, or a similar container sold for the same purpose or a City approved Owner or occupier supplied yard waste receptacle.

"Property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out buildings, fences, and erections thereon whether heretofore or hereafter erected, and includes vacant Property, on which there are no structures of any kind.

"Property Standards Committee" means the Property Standards Committee appointed in accordance with the Building Code Act, 1992, S,O. 1992, c. 23.

"Order" means a property standards Order issued by an Officer under Section 15.1 of the Building Code Act that includes the particulars of the repairs to be made.

"Refuse" means:

  • Debris, junk, or effluent associated with a house, household, or any industry, trade, or business;
  • Vehicle parts or accessories;
  • Furniture, appliances, machinery, barbeques or parts thereof;
  • Animal excrement; and
  • Without restricting the foregoing, any unused or unusable material that by reason of its state, condition or excessive accumulation appears cast aside, discarded or abandoned; or appears worthless, useless or of no particular value; or appears to be used up, expended or worn out in whole or in part.

"Repair" means the taking of any action including the making of additions or alterations, which may be required to ensure that a Property conforms to the standards established in this By-law.

"Sewage System" means an approved sanitary sewage system or an approved private sewage disposal system that complies with the applicable By-law.

"Storm Sewer" means a sewer for the collection and transmission of uncontaminated water and, or stormwater from land or a watercourse, or any combination thereof for which the City of Belleville is responsible.

"Vacant Heritage Property" shall include any buildings and structures located on Property designated under Section 29 or 34.5 of the Ontario Heritage Act, situated within a heritage conservation district designated under section 41 of the Ontario Heritage Act, and either is or appears to be vacant, or unoccupied for more than ninety (90) days.

"Vehicle" means an automobile, truck, motorcycle, and any other vehicle propelled or driven otherwise than muscular power, but does not include a motorized snow vehicle, traction engine, self-propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act 1.30. Walkway means any passage or path designed for walking or providing access to a Building.

"Yard" means the land, other than publicly owned land, around and appurtenant to the whole or any part of a building, and used, or capable of being used, in connection with the building.

Part II – General Provisions
Duties

Every Owner shall maintain their Property in accordance with the provisions of this By-law.

Every Person to whom an Order is issued under this By-law shall comply with such Order as required.

No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer in the exercise of a power or the performance of a duty under this By-law.

Where applicable, every Owner shall obtain a building permit prior to making Repairs.

Part III – Exterior Maintenance Standards Yards
General Maintenance and Storage

Every Yard shall be kept clean and free from:

  • Hazardous or potentially hazardous objects, materials, or conditions;
  • Holes, ruts, depressions, and excavations that are potential health or safety Hazards; and
  • Rodent and insect infestation(s).

No Person shall store actively used firewood, building materials, garden equipment, landscape equipment, pool equipment, lawn furniture, barbeques, or other similar objects (domestic storage) unless it is:

  • Stored in a rear or side Yard;
  • Stored in a neat and organized manner, not against a fence or property line; and
  • Maintained to prevent excessive accumulation, infestation(s) and Hazards.

No yard shall be used for the parking, storing, or placing of any recreation Vehicle, boat, machinery, mechanical equipment, appliance, similar item, or part thereof, which is in an inoperable, discarded, dismantled, or disused condition.

Garbage Disposal

Every Owner shall provide and maintain sufficient receptacles to contain all garbage, Refuse, and recyclable materials that may accumulate between the regular collection days, as designated by the City.

All garbage, organics, and recyclable material shall be stored within a Proper Receptacle and maintained in a clean condition.

Every receptacle shall:

  • Be maintained in Good Repair sanitary and operable condition;
  • Be stored with the cover lid closed and secured;
  • Not be packed in a manner where the waste exceeds the height of the receptacle or prevents the cover lid from closing securely; and
  • Not be stored in a Yard facing a street.


Despite Section 4.3.c, Proper Receptacles may be stored in a Yard facing a street, in an orderly manner adjacent to a Building, where:

  • The subject Property does not have a side Yard with a width of 1.0 metres (3.3 feet) or more;
  • The subject Property does not have rear Yard access that is wider than the width of the receptacle; and
  • The subject Property does not have an Accessory Building, carport, garage; or
  • If the subject Property has a single car garage, that is deemed a required parking space by the applicable zoning By-law; and
  • The Officer believes there is no reasonable alternative.

Every commercial or in-dusfrial building- or plaza shall be provided with-a verminproof waste bin for the disposal of garbage and waste; and stored in an approved, acceptable, and appropriate location.

Every commercial or industrial building or plaza shall provide adequate garbage containers for the disposal of Refuse and litter by patrons and shall be maintained in a clean and safe condition.

Landscaping

All hedges, shrubs, bushes, trees, and vegetation shall be maintained and trimmed so as to not be unreasonably overgrown in a fashion that may affect safety, visibility, or passage of the general public.

All Yards shall be cultivated or protected by a suitable ground cover that prevents the erosion of the soil and reduces water runoff.

Fences

Every fence, retaining wall, and structure appurtenant to Property and the components thereof, shall be maintained in Good Repair, free from Hazards and defects, and where required, protected by exterior grade paint, preservative, or other weather-resistant material.

Structures, Buildings and Accessory Buildings

Every structure, carport, building, and Accessory Building, other than a Dwelling shall:

  • Be free from Refuse and Hazards;
  • Be maintained in Good Repair;
  • Be constructed and maintained with suitable and uniform materials; and
  • Have exterior surfaces protected by exterior grade paint or other weather resistant material.

Every dilapidated or collapsed structure, building or Accessory Building shall be Repaired or demolished with a permit where required.

Driveways and Walkways

Every Driveway, laneway, and parking area shall be finished with asphalt, concrete, stone, or other compacted material that can sustain the weight of a Vehicle without cracking, sinking, or deteriorating.

Every step and hard surface intended for use as a Walkway, Driveway, parking area, laneway or any similar area shall be:

  • Finished to provide a hard and level surface;
  • Free from potholes or unleveled conditions that pose an actual or potential safety Hazard;
  • Adequately graded and drained to prevent excessive ponding of water; and
  • Kept free from fuel, oil, or other chemical substances which may directly or indirectly cause the discharge or deposit into or in any Storm Sewer; and
  • Adequately maintained and free from Hazards so as to afford safe passage under normal use and weather conditions.

Every Walkway and access route to a building that is accessible by the general public shall be maintained so as to be kept free from ice and snow after a snowfall.

Swimming Pools

All swimming pools and artificial ponds, and all components thereof shall be maintained in Good Repair, clean, free from leaks, and free from potential health and safety Hazards, including the pool water therein.

All pool covers used to cover a swimming pool shall be appropriately secured, maintained in good condition, and regularly drained to prevent the accumulation of standing water.

Every pool that is disused or appears to be neglected, shall be:

  • Fitted with a suitable cover in good condition so as to prevent a visual blight, the entrance of elements, and the infestation of pests or insects; and
  • Free from standing water; or
  • Properly filled with clean fill; and
  • Left in a graded condition.
Sewage and Drainage

AII sewage shall be discharged into an approved Sewage System that is in compliance with the applicable legislation.

No roof drainage shall be discharged, directed, or channeled onto Walkways, stairs, or adjacent lands.

No stormwater, sump discharge, swimming pool discharge, or water that has been artificially brought on the land shall be drained in a Yard to prevent excessive ponding or the entrance of water into a Basement, Cellar, or onto adjacent lands.

Every Yard shall be adequately graded and drained to prevent excessive ponding of surface water.

Graffiti

Objectionable markings, graffiti, or other defacements on any exterior surface shall be removed.

Any surface that has had graffiti removed from its face shall be restored to its original condition and colour.

Exterior Lighting

AII exterior lighting shall be directed in a manner so as to prevent the light source from shining directly into a Dwelling. 

All lighting on commercial, industrial, agricultural and institutional properties shall conform to the approved site plan and shall not be directed towards lands zoned for residential use.

AII outdoor artificial lighting and the connections thereto shall be maintained in Good Repair and free from defects and Hazards.

Satellite Dishes, Antennae and Similar Structures

AII satellite dishes, television antennae, radio antennae, similar structures or parts thereof, shall be securely anchored, maintained in Good Repair, and in accordance with all applicable laws. All cables and wires shall be appropriately secured to the structure in a neat manner.

Part IV – Interior Standards
Roofs

Every roof and all components thereof, including but not limited to the, eavestroughs, downpipes, soffits, and fascias, shall be maintained in Good Repair and maintained in a watertight condition.

Every chimney, smokestack, vent stack, or similar structure shall be plumb, maintained in Good Repair and free from defects and Hazards.

Exterior Walls

Every exterior wall and all components thereof, including but not limited to coping, and flashing, shall be maintained in Good Repair and free from Hazards.

Every exterior surface on a building or appurtenance thereto shall be maintained in Good Repair and be protected by a weather coating material such as exterior grade paint or other protective treatment.

Every canopy, marquee, sign, awning, stairway, fire escape, standpipe, exhaust duct, air conditioner, and similar overhang extension shall be:

  • Maintained in Good Repair;
  • Securely and appropriately anchored; and
  • Protected against decay and rust by the periodic application of a weather coating material such as exterior grade paint or other protective treatment.

Every exterior sign that is in a state of disrepair, unused, not cared for, or discarded, shall be removed from the Property, or Repaired if the use of such sign is permitted under the City By-laws.

Every air conditioner that is installed and operated directly over a public sidewalk, shall be equipped with proper devices for the prevention of falling upon the sidewalk.

Exterior Doors and Windows

Every window, exterior door, garage door, Basement Cellar hatchway, and all components thereof shall be maintained in Good Repair and free from defects, including, but not limited to:

  • Damaged or defective door and window frames, shutters, screens, sashes,
    casings, weather stripping and glass;
  • Damaged or defective door and window hardware;
  • Damaged or missing window screens; and
  • Damaged or missing locking hardware on exterior doors and windows.
Exterior Stairs, Porches, Decks and Balconies

Every exterior landing, stair, porch, balcony, deck, ramp, loading dock, fire escape, or similar exterior structure and all components thereof, including the coverings, treads, risers, guard/s, and handrails shall be:

  • Kept free from Refuse; and
  • Maintained in Good Repair so as to be free from broken, defective, warped, loose, deteriorated, rotted, and worn components.
Part IV - Interior Maintenance and Occupancy Standards
Occupancy Standards

No room or area shall be provided for sleeping purposes unless there is a minimum floor area of 7 square metres (75 square feet) for single occupancy and 4.65 square metres (50 square feet) per person.

No room or area shall be provided for sleeping purposes unless there is an average ceiling height of 2300 millimetres (90.6 inches) over at least 50% of the required area or 2100 millimetres (82. 7 inches) over all of the required floor area.

No Person shall permit a Person to occupy for sleeping purposes any space used as a lobby, hallway, closet, bathroom, or any Accessory Building or shed, unless otherwise permitted.

Means of Egress

Every floor area intended for occupancy shall be provided with a direct Means of Egress in accordance with the Ontario Building Code.

AII Means of Egress and exits shall be maintained in Good Repair and free from objects, obstructions, or conditions that restrict the accessibility of such Means of Egress and exits.

Every Dwelling Unit shall have separate access so as to provide a safe, continuous and unobstructed exit from the interior of the Building to the exterior at the street or grade level.

Cleanliness and Mould

Every Occupant shall maintain the Property and the land in a clean, sanitary and safe condition and shall dispose of household garbage ana Refuse on a regular basis.

Every building shall be kept free from Refuse, or any condition which constitutes an actual or potential fire, health, or safety Hazard.

Every building shall be kept free from visible mould and, or mildew.

Every Occupant of a residential Property shall control and maintain the humidity, moisture, and condensation level indoors.

AII damages or defects within a building or part thereof that may cause water damage or mould growth shall be Repaired.

Where there is extensive visible mould, an Officer may Order that a building, structure or part thereof be examined by a professional engineer who is qualified to perform indoor residential environmental quality examinations in Ontario, and that a written report detailing the recommended remedial work to be provided to the Officer.

Where Repairs are required pursuant to a report prepared under Section 20.6, the Owner shall Repair, or cause to be Repaired, the building in accordance with the report.

Upon completion of the Repairs, the Owner shall provide the Officer with a verification report that the work described in the report has been completed wholly and in accordance with the generally accepted guidelines and protocols in the industry.

Pest Prevention

Every Property shall be kept free from infestations by rodents, vermin, and insects.

Every opening that may permit the entry of rodents, vermin or insects shall be appropriately screened or sealed.

AII remnants of an infestation including feces and carcasses shall be removed and disposed of, and the area cleaned thereafter.

Interior Stairs, Guards and Handrails

Every interior stair, landing, or similar interior structure and components thereof including coverings, treads, risers, guards, and handrails shall be maintained in Good Repair so as to be free from broken, defective, warped, loose deteriorated, rotted, and worn components.

Interior Doors, Countertops, Cupboards

Every interior door, closet door, cupboard door, countertop, cupboard, vanity, shelf, and their appurtenances shall be maintained in Good Repair. 

Interior Walls and Ceilings

Every wall and ceiling shall be free from holes, cracks, loose coverings, or other defects.

Every Dwelling Unit that is separated from another Dwelling Unit or a nonresidential occupancy, the separation shall comply with the Ontario Building Code or Fire Code as applicable.

Interior Floors

Every floor shall be smooth and maintained so as to be free from all loose, warped, protruding, broken, or rotted boards that may create a Hazard or unsanitary condition.

Every Basement or Cellar that is not served by a stairway may have a dirt floor provided it is covered with a moisture-proof covering.

Every Basement or Cellar floor shall be free from cracks or breaks in the concrete that create a potentially hazardous condition.

Plumbing and Water Supply

Every Dwelling Unit shall contain plumbing fixtures consisting of at least:

  • A water closet;
  • A kitchen sink;
  • A washbasin; and
  • A bathtub or shower.

Every Dwelling shall be provided with an adequate supply of potable hot and cold running water.

AII hot water shall be supplied at a minimum temperature of 49 degrees Celsius (120 degrees Fahrenheit).

Every kitchen sink, washbasin, bathtub, and shower fixture shall be maintained in Good Repair.

AII plumbing, drainpipes, water pipes, and plumbing fixtures in every Dwelling and every connecting line to the Sewage System shall be maintained in Good Repair and working order in accordance with the relevant legislation.

AII water pipes and appurtenances thereto shall be protected from freezing.

Bathrooms

Every bathroom and facility shall be kept clean, sanitary, and in a safe condition.

Every bathroom or toilet enclosure shall be fully enclosed and have a door capable of being locked from the inside and opened from the outside in an emergency.

Every bathroom shall be finished with a water-repellent floor covering.

Everywall and ceiling around a-bathtub or shower shall be water-resistant.

Every wall and ceiling of a bathroom shall be maintained in Good Repair.

An opening for natural ventilation is required in a bathroom except where a mechanical ventilation system is provided and operates in Good Repair, venting directly to the outdoors.

Kitchens and Laundry

Every kitchen shall be provided with an approved, connected, and operating electrical or gas supply for cooking and refrigeration appliances.

Every kitchen appliance shall be maintained in Good Repair.

Every laundry appliance shall be maintained in Good Repair.

Laundry drying equipment shall have a dedicated exhaust duct discharging directly to the outdoors.

Heating Systems

Every Dwelling shall be provided with a heating system capable of maintaining a room temperature of not less than 21 degrees Celsius (69.8 degrees Fahrenheit) in all Habitable Rooms and bathrooms from the 15th day of September one year to the 31st day of May the following year.

Every Dwelling shall be provided with an adequate and continuous supply of fuel and electricity at all times for the provided heating system.

Every heating system shall be maintained in Good Repair and free from Hazards.

Every fireplace and other solid fuel-burning appliance shall be connected to a chimney flue, smoke pipe, or gas vent and maintained in Good Repair.

Every chimney, smoke pipe, flue, and vent shall be maintained in Good Repair so as to prevent gases from leaking into the building or Property.

No room heater shall be placed so as to cause a fire Hazard to walls, curtains, and furniture, or to impede the free movement of Persons within the room where the heater is located.

Auxiliary heaters shall not be used as a primary source of heat.

Ventilation

AII systems of mechanical ventilation or air conditioning shall be maintained in Good Repair.

Every opening, window, skylight, or louvre used for ventilation, shall be maintained so as to be unobstructed, easily opened, kept opened, and closed.

Elevating Devices

Every elevator and other elevating device shall be operational, accessible and maintained in Good Repair at all times.

Electrical Service

Every building wired for electricity shall be connected to an approved electrical supply system, in accordance with the Ontario Electrical Safety Code.

AII wiring, fixtures, switches, receptacles, and connections to them shall be maintained in a safe, good working condition in compliance with the Ontario Electrical Safety Code, so as not to overload the designed size of the service or cause a fire or electrical shock Hazard.

No fuse or overload device shall exceed the capacity indicated on the fuse panel.

Every Habitable Room in a Dwelling Unit shall have at least one duplex electrical outlet in Good Repair:

  • For the first 11.15 square metres (120 square feet) or less of floor area; and
  • For each additional 9.3 square metres (100 square feet) or less of floor area. 

No Person shall cause or permit the use of an extension cord on a permanent basis.

Every Owner shall Repair, or cause to be Repaired the electrical components in accordance with Ontario Electrical Safety Code and Electrical Safety Authority Standards.

Interior Lighting

Every Habitable Room except a kitchen and/or bathroom shall have a window facing outside and admits as much natural light equal to but not less than 5 percent (5%) of the floor area of the room.

AII artificial lighting shall be maintained in Good Repair.

Every bathroom and kitchen shall be provided with a permanent artificial light.

Every public hallway, common area and stairway shall be illuminatecl at all times so as to provide safe passage.

Foundations, Structural Integrity, and Engineer Reports

AII foundation walls, columns, beams, and other structural members of a building shall be maintained in Good Repair, in a safe and structurally sound condition, and capable of effectively supporting the designed loads imposed on them.

AII buildings, or any part thereof, shall be capable of sustaining its weight together with the loads that may be applied thereto by reason of its use and occupancy, natural causes such as snow, wind, and all other causes set out in the Ontario Building Code.

Where it appears that the structural integrity or condition of a building, structure, or part thereof may be adversely affected by damage or deterioration, the Officer may Order that a structural engineering assessment and report be conducted and prepared by a professional engineer licensed in Ontario. The report shall include all deficiencies of structural concern; the contributory cause of the damage; the required Repairs and plan for remediation; and the recommended timelines for Repair. Upon receipt of the report, it shall be produced to the Officer forthwith.

Where Repairs are required, the Owner shall Repair, or cause to be Repaired, the building, structure, or part thereof, in accordance with the Repair methods, and timelines described in the report with all applicable permits.

Upon completion of the Repairs, a verification report shall be prepared to confirm that the work proposed in the report has been completed wholly and that the building, structure, or part thereof is structurally adequate for its use. This report shall be provided to the Officer.

Indoor Parking Facilities

Every parking facility shall be maintained in Good Repair.

Lighting in parking facilities shall be illuminated at all times so as to provide safe passage.

Part V – Damaged and Vacant Buildings
General Provisions

Every vacant, unoccupied or damaged building and Accessory Building shall be protected against the risk of fire, accident, or other peril, by effectively securing the building or Accessory Building to prevent the entrance of unauthorized Persons.

Where a building is damaged by fire, storm, or other causes, immediate steps shall be taken to Repair or cause the Repair of the damaged building components-with the applicable building permits.

Where a building is damaged by fire the Owner may be required to secure the Property so as to prevent the access of unauthorized Persons, as deemed necessary by the Fire Chief.

Every building which is damaged, shall be properly supported, secured, and barricaded until the necessary Repair or demolition can be carried out.

Where entry to a building cannot be sufficiently prevented by the locking of doors, windows, and other openings, it shall be boarded up so as to prevent entry as follows:

All windows, doors, and other openings that provide a means of entry shall be covered with weather-resistant boards or an equivalent material that shall be securely fastened and tight-fitting;

Coverings shall have a thickness of not less than 1.27 centimetres (5/8 inches) and shall be secured with nails or screws; and

All coverings shall be painted or otherwise treated so that the colour blends with the exterior of the building.

Repair or Demolish Vacant Buildings

The Owner of any building that is b0arded up shall either Repair the building to conform with the standards of this By-law or demolish the building and ensure the Property is left in a graded and leveled condition within six (6) months. The Owner may be granted up to six (6) additional months (up to twelve (12) months total) to complete Repairs. To request an extension the Owner must submit a detailed remedial plan to Repair the building to conform with the standards of this By-law. If the City approves the remedial plan, the Owner must show demonstrated action during the granted extension, to the satisfaction of the City, in meeting the remedial plan.

Part VI – Heritage Buildings
General Provisions 

In addition to the standards for the maintenance and occupancy of property set out in this By-law, the following minimum standards listed in Part VI - Heritage Buildings apply to the maintenance and security of all buildings and structures on properties that are:

Designated under Section 29 or 34.5 of the Ontario Heritage Act; or

Situated within a heritage conservation district, designated under Section 41 of the Ontario Heritage Act.

Vacant Heritage Property

The Owner of a Vacant Heritage Property shall protect the Heritage Attributes of the Property against the risk of fire, storm, neglect, intentional damage, or damage by other causes by effectively preventing the entrance of the elements, unauthorized Persons, animals, and pests by boarding up and securing any openings to the building of the Vacant Heritage Property. The boarding shall be installed in such a way that minimizes damage to any Heritage Attribute, is reversible, and minimizes visual impact.

The Owner of a Vacant Heritage Property shall ensure that all utilities serving the building are properly connected as required in order to provide proper heat and ventilation, or be terminated or capped unless such utilities are otherwise required by law to remain connected.

Heritage Attributes

In addition to all of the requirements and minimum standards for the maintenance and occupancy of Property set out in this Part VI - Heritage Buildings and elsewhere in this By-law, the Owner of a Heritage Property shall: 

Maintain, preserve and protect the Heritage Attributes to maintain the heritage character, visual and structural heritage integrity of the building or structure; and

Maintain the Property in a manner that will ensure the ongoing protection and preservation of the existing Heritage Attributes.

Alterations Of Heritage Attributes

Despite any other provisions of this By-law, in the case of buildings and structures located on properties that have been designated under Section 29, 34.5, or 41 of the Ontario Heritage Act, no Owner shall alter the Property or permit the alteration of the Property if the alteration is likely to affect the Property's Heritage Attributes unless the Owner has acquired a heritage permit or other form of written consent from the City.

Repair or Replacement of Heritage Attributes

In order to maintain, preserve and protect the Heritage Attributes of a Heritage Property, the Repair is always preferable to removal or replacement. The Heritage Attributes shall be Repaired in a manner that:

  • Minimizes damage to Heritage Attributes;
  • Maintains the design, finishes, form, physical appearance, colour, texture, grain, and other distinctive features and qualities of the Heritage Attributes; and
  • Is consistent with recognized conservation standards, best practices, and processes for the conservation of built heritage resources. 

Despite any other provisions of this By-law, where it can be demonstrated that the Heritage Attributes of a Property cannot be Repaired, the Heritage Attributes shall be replaced:

  • Using the same types of materials, design, finishes, form, physical appearance, colour, texture, grain, and other distinctive features and qualities of the Heritage Attribute(s) being replaced; and
  • Where the same types of materials as the original are no longer readily available, alternative or substitute materials and finishes that generally replicate the design, finishes, form, physical appearance, colour, texture, grain, and other distinctive features and qualities of the Heritage Attributes may be used.
Heritage Building Demolition

Despite any other provision of this By-law, or the Ontario Building Code Act, no building or structure located on Property that has been designated under Section 29, 34.5, or 41 of the Ontario Heritage Act may be altered or cleared, including but not limited to removed, demolished or relocated except in accordance with
the Ontario Heritage Act. 

Upon completion of demolitions and removals of structures, the affected site shall be cleared and cleaned of debris, graded, left free from holes or excavations.

Conflict

If there is a conflict between this Part VI - Heritage Buildings and any other provision of this By-law or any other City By-laws, the provision that establishes the highest standard for the protection of Heritage Attributes shall prevail.

Part VII – Administration and Enforcement
Application

This By-law prescribes standards for the maintenance and occupancy of Property within the City.

This By-law requires Property that does not conform to the prescribed standards be Repaired and maintained or cleared of all buildings, structures, debris or Refuse and left in graded and levelled condition.

Enforcement

An Officer may, upon producing proper identification, enter upon any Property at any reasonable time without a warrant for the purpose of inspecting the Property to determine:

  • Whether the Property conforms to the standards prescribed in this By-law; or
  • Whether an Order made under this By-law has been complied with.

An Officer who finds that a Property does not conform to any of the standards prescribed in this By-law may issue an Order:

  • Stating the municipal address or the legal description of the Property;
  • Giving reasonable particulars of the Repairs to be made or stating that the site is to be cleared of all buildings, structures, debris or Refuse and left in a graded and levelled condition;
  • Indicating the time for complying with the terms and conditions of the Order and giving notice that, if the Repair or clearance is not carried out within that time, the municipality may carry out the Repair or clearance at the Owner's expense; and
  • Indicating the final date for giving notice of appeal from the Order to the Property Standards Committee.

An Order may be registered in the proper land registry office and, upon such registration, any Person acquiring any interest in the land subsequent to the registration of the Order shall be deemed to have been served with the Order.

For the purposes of an inspection, an Officer may:

  • Require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the Property or any part thereof;
  • Inspect and remove documents or things relevant to the Property or part thereof for the purpose of making copies or extracts;
  • Require information from any Person concerning a matter related to a Property or part thereof;
  • Be accompanied by a Person who has special or expert knowledge in relation to a Property or part thereof;
  • Alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and
  • Order the Owner of the Property to produce and supply at the Owner's expense such tests, samples and/orreports as specified in the Order.

The City may require the Owner of the Property to pay a fee for inspection and administration fees as provided for in the City's current Fees & Charges By-law.

Appeals to the Committee

An Owner or Occupant who has been served with an Order may appeal the contents of the Order to the Property Standards Committee by sending a notice of appeal, including grounds for the appeal and the applicable fee as provided for in the City's current Fees & Charges By-law, by registered mail to the secretary of the Committee within 14 days after being served with the Order.

Repair

AII Repairs shall be made with all applicable permits, using only materials that are suitable for the purpose and free from defects. Without limiting the foregoing, this shall include:

  • Ensuring the component Repaired can perform its intended function;
  • Finishing the Repair in a manner that is reasonably compatible in design colour with the adjoining finishing materials; and
  • Maintaining an aesthetically pleasing appearance that is consistent with the surrounding environment.
Demolition or Repair by The City

Where the Owner or Occupant fails to comply with an Order issued under this By-law the City, in addition to other remedies:

  • Shall have the right to carry out the work as required in the Order and for this purpose may, with its servants and agents from time to time, enter in and upon the Property;
  • Shall have the right to recover the expense of carrying out the work as required in the Order by adding the expense to the tax roll and collecting such expense in the same manner as taxes; and
  • Shall not be liable to compensate such Owner, Occupant or other Person having an interest in the Property by reason of anything done by or on behalf of the City of the provisions of this By-law.
Fines

Every Owner who fails to comply with an Order that is final and binding is guilty of an offence and on conviction is liable to a fine of not more than $50,000.00 for a first offence and a fine of not more than $100,000.00 for any subsequent offence.

Despite 50.1, if a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $500,000 for a first offence and $1,500,000 for any subsequent offence.

Validity

Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this By-law are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole. 

Where a provision of this By-law conflicts with the provision of another By-law, act, or regulation in force within the City of Belleville, the provisions that establish the higher standards to protect the health and safety of the Persons shall prevail. 

Transition

After the date of passing of this By-law, By-law Number 2012-79, as amended, shall apply only to those properties in which an Order has been issued prior to the date of passing of this By-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement
proceedings with respect to such Order including any demolition, clearance, or Repair carried out by the City shall have been concluded.

Short Title

This By-law shall be known at the "Property Standards By-law".

Repeal and Enactment

Except for the purposes set out in section 52.1 of this By-law, By-law Numbers 2012-79, 2018-82, and 2024-202 are hereby repealed. 

This By-law shall come into force and take effect on October 1, 2025.

The Short-Term Accommodations By-law requires operators to obtain a licence and sets rules for how short-term rentals can operate, including limits on occupancy, location and safety requirements.

By-law 2025-176 – A By-law to Licence, Regulate and Govern Short-Term Rental Accommodations and to Repeal By-law Number 2022-52 

Whereas Section 8 (1) of the Municipal Act, 2001, provides the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues;

And Whereas pursuant to Section 9 of the Municipal Act, 2001, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

And Whereas pursuant to Section 10 of the Municipal Act, 2001, a municipality may pass by-laws respecting business licensing in the interest of health and safety, wellbeing of persons and consumer protection;

And Whereas pursuant to the provisions of Part IV of the Municipal Act, 2001, a municipality may provide for a system of Licences with respect to businesses;

And Whereas pursuant to Section 23.1 of the Municipal Act, 2001 a municipality I authorized to delegate its powers and duties to a person or body.

And Whereas pursuant to Section 23.2 of the Municipal Act, 2001, a municipality may delegate legislative and quasi-judicial powers to a Council committee or an individual who is any officer, employee, or agent of the municipality.

And Whereas Sections 390 to 400 of the Municipal Act, 2001, authorize a municipality to pass by-laws imposing fees or charges for services or activities provided or done by it or on behalf of it;

And Whereas Section 436 of the Municipal Act, 2001, authorizes a municipality to pass by-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not there is compliance with a by-law, a direction, order, a condition of a licence, or an order made under Section 431 of the Municipal Act, 2001;

And Whereas section 429 of the Municipal Act, 2001 provides that a municipality may establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act, 2001;

And Whereas Section 444 of the Municipal Act, 2001 provides that if a municipality is satisfied that a contravention of a by-law of the municipality passed under the Act has occurred, the municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity; 

And Whereas the Council of the Corporation of the City of Belleville has deemed it necessary and desirable to regulate the Short-Term Accommodations within the City of Belleville;

Now Therefore the Council of the Corporation of the City of Belleville hereby enacts as follows: 

Definitions

"Accessory Dwelling Unit" means a separate and self-contained dwelling unit that is secondary to the main dwelling and is physically detached, attached, and/or within the main dwelling on a lot. 

"Agent" means a person duly appointed by the Owner to act on their behalf. 

"Applicant" means the person applying to Licence the Building or Structure as a Short-Term Accommodation under this By-law. 

"Appeals Committee" means the Property Standards Committee unless a specific Appeals Committee has been appointed.

"Bedroom" means a room or area used for Short-Term Accommodation intended primarily for overnight occupation and designed, equipped, or intended for sleeping as defined by the Ontario Building Code. A Bedroom shall exclude a kitchen, living room, bathroom, foyer, lobby, closet, laundry room, utility room, pantry, and balcony.

"Building" means any structure having a roof, supported by columns or walls, and used for the shelter or accommodation of persons, animals, goods, or materials. 

"City" means The Corporation of the City of Belleville. 

"Clerk" means the person appointed by Council to carry out the duties of the clerk described in section 228 of the Municipal Act, 2001, by the Council of The Corporation of the City of Belleville or their designate. 

"Council" means the Council for The Corporation of the City of Belleville. 

"Dwelling" means a building used for residential occupancy but does not include a hotel or similar use.

"Dwelling Unit" means a residential unit that is used or intended for use as a residence by an individual or household in which a bathroom and some culinary conveniences (e.g., sink, or countertop, or cooking appliance, or refrigeration appliance, etc.) are provided for the exclusive use of such individual or household and with a private entrance from outside the building or from a common a common hallway or stairway inside, but does not include a hotel or recreational vehicle and includes an Accessory Dwelling Unit. 

"Fire Safety Plan" means the plan setting out a layout of the interior of the Short-Term Accommodation with locations for all smoke alarms, carbon monoxide alarms, fire extinguishers and exits. 

"Guest Room" means a room or a suite of rooms within a Dwelling Unit used or maintained for the accommodation of an individual or individuals to whom hospitality is extended for compensation that are offered for Short-Term Accommodation intended primarily for overnight occupation, which conforms to the standards for a Bedroom. 

"Licence" means an official, City of Belleville issued document that gives permission to and is issued as proof to operate a Short-Term Accommodation pursuant to this by-law. 

"Licensee" means a person licenced or a person required to be licenced under this By-law. 

"Licensee Code of Conduct" means a document that has been prepared by the City of Belleville that prescribes the roles and responsibilities of the Licensee, including but not limited to behavioural expectations as they relate to non-disturbance of neighbours; compliance with applicable by-laws; and adherence to the provisions of this By-law.

"Market" means to offer for rent, promote, canvass, solicit, advertise, or facilitate a Short-Term Accommodation, but does not include the mere provision of a neutral space or location for such marketing in newspapers, bulletin boards, or online.

"Multiple Offence" means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this By-law. 

"Occupant" means any Person or Persons over the age of 18 years in control of the Property. 

"Officer" shall mean a By-law Enforcement Officer appointed by the City of Belleville, a Police Officer in the Province of Ontario or any Person as authorized by the Council of The Corporation of the City of Belleville for the enforcement of municipal by-laws. 

"Owner" shall mean the Person or Persons appearing on the municipal tax assessment roll or property tax account and Persons having lawful title to the land and includes Person as defined in this By-law. 

"Owner-Occupied Short-Term Accommodation" means a Short-Term Accommodation that is within a portion of a Dwelling Unit where the Owner is a full-time resident occupying the property on a full-time basis. Only the Dwelling Unit that the Owner occupies as their principal residence may be considered an Owner-Occupied Short-Term Accommodation. Where a separate Dwelling Unit or Accessory Dwelling Unit on the same property is rented as a Short-Term Accommodation, that unit is not considered an Owner-Occupied Short-Term Accommodation.

"Parking Space" means an unobstructed area, exclusive of any aisles, ingress or egress lanes, for the parking or storage of a motor vehicle and may include a private garage or carport but does not include an area used for the display or offering for sale of motor vehicles or stalls at fueling station pumps.

"Person" shall mean any individual, association, firm, partnership, or incorporated company. 

"Premises" means any real property, place, premises or location, or part thereof, in connection with the Short-Term Accommodation. 

"Property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out buildings, fences, and erections thereon whether heretofore or hereafter erected, and includes vacant Property, on which there are no structures of any kind.

"Responsible Person" means an Agent or representative of an Owner or Applicant, if applicable, who is responsible for managing or addressing issues in relation to the Owner's Short-Term Accommodation.

"Renter" means any individual occupying the Short-Term Accommodation by way of concession, permit, lease, licence, rental agreement, or similar commercial arrangement. 

"Revoked" means a licence that has been declared null and void by the Clerk. 

"Site Plan" means a drawing or set of drawings, drawn to scale that depicts the Short-Term Accommodation Premises on a lot, including all buildings, structures and related site features to determine compliance with the City's By-laws. For the purposes of this By-law, a Site Plan does not mean a site plan as defined by the Planning Act. 

"Short-Term Accommodation" means the accommodation or use all or part of a legally established Dwelling Unit, that operates or offers a place of temporary residence, lodging or occupancy by way of concession, payment of a monetary fee, permit, lease, Licence or rental agreement or similar commercial transaction for a period of less than twenty-eight (28) consecutive nights throughout all or any part of a calendar year and includes a bed and breakfast establishment, but does not include a tourist establishment, a rooming, boarding or lodging house, a motel, a hotel, a hospital, special care facilities as recognized by provincial or federal legislation, a long-term care facility, a campground or similar commercial accommodation use. 

"Special Events" means activities being hosted at subject property by the Renter that may or may not involve costs or monies for services provided (Examples: weddings, receptions, retirement party, music event, etc.). 

"Tenant" means the Individual responsible for and in possession of the Premises under a long-term lease.

"Use" means, when used as a noun, the purpose for which a property or building or structure, or any combination thereof, is designed, arranged, occupied, or maintained and when used as a verb, "used" shall have a corresponding meaning.

Prohibitions

No Person shall offer, operate, advertise, or permit an individual to offer and/or operate/Use or advertise a Short-Term Accommodation:

  • without a Short-Term Accommodation Licence to do so issued under this Bylaw;
  • under any other name than the one endorsed on their Short-Term Accommodation Licence;
  • except in accordance with this By-law and the regulations set out in this Bylaw;
  • while their Short-Term Accommodation Licence is under suspension;
  • or except in accordance with the terms and conditions of their Short-Term Accommodation Licence.

No Person shall Market, operate, provide, or allow the Use of a Short-Term Accommodation in:

  • any Building or Structure other than a Bedroom; any non-Building or Structure such as a motor vehicle, recreational vehicle, trailer, trailer - travel or tent, truck camper, tent, or utility shed, etc.;
  • an unlawful or illegal or non-Ontario Building Code compliant Dwelling Unit;
  • a boat or vessel or floating accommodation as per 0. Reg. 161/17 that is docked or moored within the frontage of a Property;
  • a Building, Structure or Dwelling Unit where Short-Term Accommodations have been prohibited under this section of the By-law;
  • an unregistered Accessory Dwelling Unit;
  • or any Building or Structure associated with a Short-Term Accommodation, which is located wholly or partially on a municipally owned road allowance or any other publicly owned lands of the City, Province of Ontario or Government of Canada, unless permission has been provided.

No Person shall:

  • transfer or assign a Short-Term Accommodation Licence;
  • provide mistaken, false, or incorrect information in connection with anything done under this By-law;
  • obstruct or permit the obstruction of an inspection pursuant to this By-law;
  • or fail to produce a copy of the signed Licensee Code of Conduct.

No Person who is a Tenant of a Building shall offer, operate, permit, or allow the Use of such Building to be offered and/or operated/used as a Short-Term Accommodation.

No Person shall operate or Use a Short-Term Accommodation Premises for any Special Events other than offering the Premises for rent in accordance with a licence issued under this By-law.

No Person shall allow or Use a Short-Term Accommodation Premises under their Ownership or care to be operated in contravention of this By-law or a Licence issued under this By-law.

No Licensee shall allow or Use a Short-Term Accommodation Premises to be operated in contravention of the site plan approved with the Short-Term Accommodation Licence.

No Licensee shall rent or offer for rent or allow the Use of any Guest Room or Bedroom for more than two (2) Renters in a Short-Term Accommodation Premises other than a Guest Room or bedroom that was identified as such on the floor plans submitted and approved with the Application for the Short-Term Accommodation Licence.

  • In the case of a bachelor apartment, a shared living room and bedroom space is considered one (1) bedroom.

No Person shall violate the provisions of the Licensee Code of Conduct as associated with this By-law.

Short-Term Accommodation Licence Requirements 

Every Application for a Short-Term Accommodation Licence shall be made to the Clerk on the prescribed forms. Without limitation, every Application for a ShortTerm Accommodation Licence shall submit a fully completed application form which also contains the following attachments:

  • A certificate of insurance which includes a liability limit of no less than five million dollars ($5,000,000.00) per occurrence for property damage or bodily injury. Such insurance policy must identify that a Short-Term Accommodation is being operated on the Premises. The insurance coverage required herein shall be endorsed to the effect that the Licensee or Responsible Person shall give the City at least ten (10) days notice in writing of any cancellation or variation to the policy;
  • A site plan, drawn to scale and fully dimensioned of the Short-Term Accommodation Premises, and shall include:
    • the location and dimensions of the required parking spaces and surfacing of parking areas. One Parking Space is required for every Guest Room or Bedroom and must be sized in accordance with the Zoning By-law.
    • Location of all buildings or structures on the land including decks, patios and docks; and
    • location of municipally owned road allowance or any other publicly owned lands, hydro easements and right of ways if applicable.
  • A Fire Safety Plan;
  • A photograph of the front and rear of the Short-Term Accommodation Premises;
  • Proof of ownership.
  • Confirmation if there is food service.
  • A signed copy of the prescribed Licensee Code of Conduct.
  • Any other documentation required from the City. 

Non-refundable licence fees for a Short-Term Accommodation Licence, in accordance with the City's Fees & Charges By-Law, shall be remitted in full prior to the consideration of the application for a Licence. 

General Obligations of a Licensee

Short-Term Accommodations shall comply with all applicable Municipal By-laws and provincial legislation and codes.

The civic address of a Short-Term Accommodation shall be prominently displayed on the Premises so as to be easily visible from the Highway on which the Short-Term Accommodation is located.

The maximum number of individuals, which includes Licensee and Renters, permitted on a Premises at any one time, shall be restricted to 2 individuals per Guest Room or Bedroom as stated in an approved Licence.

The number of parked vehicles does not exceed the maximum Parking Spaces available on the subject property as demonstrated on the Site Plan.

 Parking Spaces indicated on the site plan shall be maintained as Parking Spaces, sized in accordance with the Zoning By-law, free from storage, snow or other debris that would restrict the use of the Parking Spaces.

The following information shall be posted in a prominent place in the interior of each Short-Term Accommodation, in a manner that is visible to Guests or Renters and made available for inspection:

  • Copy of the current Licence
  • Premises address (and phone number if applicable)
  • If the type of access to the Premises is not a year-round maintained public road, the following Emergency Services Statement must be posted:
    • "Due to this Short-Term Accommodation Premises not being accessible by a year-round maintained public road, emergency response times may be delayed to this location."
  • The name and contact information of the Licensee.
  • The name and contact information of the Responsible Person for Emergency and By-law concerns.
  • Copy of the approved Site Plan and approved Floor plan associated with the Licence, with Parking Spaces and waste storage details.
  • Copy of the current Noise By-law
  • Copy of the current Open Air Burning By-law 

A Class K or Class ABC fire extinguisher must be provided in any cooking area in a Short-Term Accommodation Premises, both indoor and outdoor, and a fire extinguisher rated 2A: 10BC or higher must be provided on each floor of the Short-Term Accommodation.

An Owner, Owner's Agent, or Responsible Person shall be readily available so as to be able to be contacted within thirty (30) minutes and attend the Premises within sixty (60) minutes to an emergency that involves, but is not limited to, a risk to health, safety or damage to property, or contravention of any applicable municipal By-law.

Pursuant to Part IV of the Municipal Act, 2001, issued Licences, along with the Licence details may be posted on the City's website.

A Short-Term Accommodation Licence that has been issued pursuant to this Bylaw shall expire upon the earliest of the following events:

  • The date that is one (1) year after the date of the issuance of the Licence; or
  • Upon the transfer of title to a Short-Term Accommodation Premises to a Person other than a Licensee. 

Every Licensee who Markets a Short-Term Accommodation through the internet or an application shall include in any such marketing the Licensee's licence number. 

Every Person who issues an invoice, contract, receipt, or similar document related to a Short-Term Accommodation shall ensure that such document includes the Licensee's licence number.

Every Licensee shall at all times:

  • Ensure that any Short-Term Accommodation, Short-Term Accommodation Premises, and its operations comply with the regulations contained in this Bylaw.
  • Notify the Clerk in writing within 10 days of any changes to the information provided under Section 3.0 Short-Term Accommodation Licence Requirements of this By-law. 

A Short-Term Accommodation Sign may be displayed in accordance with the City's Sign By-law with all applicable permits.

The provisions of this By-law shall not apply when the Short-Term Accommodation is not rented. 

Licence Issuance and Grounds for Refusal 

The Clerk shall receive, process and review all applications for all new Licences and renewals of Licences under this By-law.

The Clerk shall receive and process all applications for Short-Term Accommodation Licences and for renewal of a Short-Term Accommodation Licence pursuant to this By-law.

The Clerk, in their sole discretion, may request comments from other departments or agencies in respect of the Short-Term Accommodation.

An inspection will be required prior to the issuance of a Licence to verify:

  • The details of the application.
  • The Premises and Dwelling Unit are compliant with all Municipal By-laws, Provincial and Federal legislation including the Ontario Building Code Act as amended, the Fire Protection and Prevention Act as amended, and any other applicable regulations thereunder.

The Clerk shall refuse to issue a licence in any of the following circumstances:

  • If the Applicant has failed to provide all the information and/or documents required by Section 3.0 Short-Term Accommodation Licence Requirements of this By-law, or if any of the information or documents provided are deficient with respect to the requirements of this By-law;
  • If there are reasonable grounds to believe the Short-Term Accommodation does not meet any of the requirements of this By-law; or 
  • The Short-Term Accommodation and Premises do not comply with Municipal By-laws or any Provincial Legislation.

A complete Short-Term Accommodation application shall only be considered if there is a minimum separation distance of 100 metres between the subject premises and another Licensed Short-Term Accommodation premises.

  • This distance is measured from the property lines of the address identified in the application to the property lines of any existing licensed Short-Term Accommodation premises, as determined by the City of Belleville.

Section 5.6 shall not apply to:

  • Properties within the Belleville Downtown Improvement Area, as defined by the current By-law; or Owner-occupied Short-Term Accommodations.
  • The number of active Short-Term Accommodation Licences shall not exceed one hundred thirty (130) at any given time. For the purposes of this section, a suspended Licence shall be considered active.

Section 5.8 shall not apply to Owner-Occupied Short-Term Accommodations.

The Clerk may grant a Licence and may impose terms and conditions on a Licence in accordance with this By-law if, in the Clerk's opinion, such terms or conditions are reasonable and appropriate in order to maintain public health and safety, give effect to the intent of this By-law, or to promote compliance with this By-law.

A Licence issued under this By-law shall be valid for one (1) calendar year from the date it is issued and may be renewed prior to the expiry date of said Licence.

Where a Licence is issued pursuant to this By-law, the Clerk shall assign a unique Licence Number to the Premises on which the Short-Term Accommodation is permitted to operate.

A Short-Term Accommodation that offers food service may require additional approvals through the local Health Unit. 

Licence Renewal

A Licence may be renewed by the Clerk without inspection if:

  • The Licensee submits confirmation of an insurance policy for the renewal year; such policy must be in accordance with Section 3.1.a.;
  • A signed copy of the Licensee Code of Conduct;
  • The applicable Municipal Accommodation Tax is up to date in accordance with the Municipal Accommodation Tax By-law; and 
  • The Licensee submits an affidavit as prescribed by the City of Belleville indicating no changes to the Short-Term Accommodation or Premises.

A Licence may only be renewed without inspection twice; every third renewal is required to submit updated documents in accordance with Section 3.0 ShortTerm Licence Requirements of this By-law and is subject to inspection in accordance with Section 5.4. 

Licence Suspension and Revocation

The Clerk shall have the authority to refuse to issue or renew a Licence, to suspend or Revoke a Licence if:

  • There are reasonable grounds to believe that the operation of a Short-Term Accommodation at a specific Premises may be adverse to the welfare or wellbeing of the general public;
  • The Premises has had a Licence that has been previously revoked, suspended, or made subject to terms and conditions;
  • A Premises or Applicant applying for a Licence has presented a history of contravention with this By-law, the Licensee Code of Conduct or other municipal by-laws;
  • The septic requirements applicable to the Short-Term Accommodation are not met, or cease to be met;
  • The Applicant has failed to provide access for inspection in accordance with Section 9.1;
  • The Owner is indebted to the City in respect of fees, fines, penalties, judgements, or any other amounts owing, including Municipal Accommodation Tax, awarding of legal costs, disbursements, outstanding property taxes and late payment charges, against an Owner's Property;
  • The Property to be used for the Short-Term Accommodation does not comply with applicable federal and provincial law and regulations or municipal bylaws, including, but not limited to, the Zoning By-law, Property Standards Bylaw, the Building Code Act, and the Fire Protection and Prevention Act; or
  • Three (3) or more Orders have been issued to the Short-Term Accommodation or Premises to comply with this By-law or any other By-law within a six (6) month period.

Notwithstanding Section 7.1 of this By-law, the Clerk may issue a Licence where a variance to this By-law has been approved by the Appeals Committee. The Appeals Committee, upon application of the Owner of a Premises permitting a Short-Term Accommodation, may authorize such variance from the provisions of this By-law, in respect of the Owner's Premises as in its opinion in desirable for the appropriate use of the Premises and in the opinion of the Appeals Committee the general intent and purpose of the by-law is maintained. The decision of the Appeals Committee regarding the variance application shall be final and binding. 

The Clerk may revoke a Licence or refuse to issue or renew a Licence issued under this By-law in accordance with the following provisions:

  • Prior to revoking a Licence or refuse to issue or renew a Licence, the Clerk shall send the Licensee notice of their intent to revoke, refuse to issue, or refuse to renew the Licence. Such a notice shall state that the Licensee may deliver a response within 10 days of the date of the notice, and if no such response is received, the Clerk may proceed to revoke, refuse to issue, or refuse to renew.
  • Where the Clerk receives a response in accordance with Section 7.3.a. above, the Clerk shall review and consider the response and make a decision as to whether to revoke, refuse to issue, or refuse to renew the Licence within 30 days of receiving the response.
  • The Clerk shall provide the Licensee notice of a final decision on revocation, issuance or renewal, and such decision shall be final and binding.

The Clerk, upon confirming a Licensee has received an emergency order issued under any by-law, may, for the time and on such conditions as are considered appropriate, suspend a Licence for not more than 14 days.

At any time, the Clerk may revoke a Licence if it was issued on mistaken, false, or incorrect information or due to a technical or clerical error. 

Appeals

Where the Clerk has refused to issue a Licence, refused a renewal of a Licence, or has suspended or revoked a Licence, the Clerk shall notify the Applicant or Licensee setting forth the grounds for the decision with reasonable particulars and shall advise of the right to appeal such decision to the Appeals Committee.

An Owner, Applicant or Licensee affected by a decision under Section 7.3 may appeal to the Appeals Committee within fifteen (15) days after being served with the notice, by:

  • Sending a written notice of appeal, setting forth the reasons for the appeal, by mail to the City of Belleville or by delivering a notice of appeal to the City of Belleville; and
  • Remitting payment of the Appeal Fee as per the current City of Belleville Fees & Charges By- law. 

Where no request for an appeal is received in accordance with Section 8.2, the decision of the Clerk shall be final and binding. 

Where a request for an appeal is received, the City of Belleville shall fix a date and time for such appeal to be heard by the Appeals Committee, and the Owner/Applicant or Licensee shall be provided reasonable written notice of the time and place for such a meeting. A notice of hearing shall be delivered at least fifteen (15) days prior to the date and time for such hearing.

If the Owner/Agent or the Licensee fails to appear at the appointed time for their request to appeal, the Owner/Agent or Licensee will be charged a "Failure to Appear" fee as per the current City of Belleville Fees & Charges By-law.

At a hearing, the Appeals Committee shall receive a report, either verbally or in writing, from the Clerk and from officers or employees of the City who may be involved in the matter.

At a hearing, the Owner, Applicant or Licensee, either personally or through an agent or solicitor, shall be afforded an opportunity to present such materials and evidence relevant to the matter before the Appeals Committee as they deem appropriate, and may ask questions of any person presenting evidence.

After such opportunity to be heard is afforded, the Appeals Committee shall make a decision. When making its decision the Appeals Committee may consider any matter pertaining to this By-law, or other matter that relates to the general welfare, health, or safety of the public. When making its decision, the Appeals Committee may refuse to issue or renew a Licence, Revoke, suspend, or impose any condition on a Licence. The Appeals Committee's decision is final and binding and shall not be subject to review. 

Where the Appeals Committee conducts a hearing, the rules set out in the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, shall apply.

An appeal to the Appeals Committee pursuant to Section 8.2 shall not act as a stay of the decision or order being appealed. 

Inspection

An Officer may at any reasonable time, enter upon and inspect the land of any Person to ensure that the provisions of this By-law are complied with, which may include a Dwelling Unit if the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused.

For the purposes of an inspection under Section 9.1 of this By-law, an Officer may:

  • Require the production for inspection of documents or things that may be relevant to the land or any part thereof;
  • Inspect and remove documents or things relevant to the land or part thereof for the purpose of making copies or extracts;
  • Require information from any person concerning a matter related to the land or part thereof; 
  • Be accompanied by a person who has special or expert knowledge in relation to the land or part thereof;
  • Alone or in conjunction with any person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

No Person shall hinder or obstruct or attempt to hinder or obstruct any Officer exercising a power or performing a duty under this By-law.

The City may charge the Owner of a property a fee or charge pursuant to the current City of Belleville Fees & Charges By-law to conduct an inspection, including additional fees for multiple inspections. 

Order to Comply

Where an Officer is satisfied that there has been a contravention of any provision of this By-law, the Officer may issue an Order requiring the owner or occupier of the premises on which the contravention has occurred to do work to correct the contravention.

An Order shall set out:

  • Reasonable particulars of the contravention;
  • The location of the premises on which the contravention occurred;
  • The general nature of the work required to be done to correct the contravention; and
  • The date by which the work must be done. 

An Order may be served by:

  • Personal service upon an Owner or Occupant;
  • Regular or registered mail sent to the address of the owner as shown in the most current tax records;
  • By email to the last known email address of the Owner or Occupant; or
  • By posting a copy of the Order conspicuously either on the subject property or on any structure located on the subject property.

An Order issued under Section 10.1 of this By-law is deemed to be served:

  • Immediately upon personal service of such Order; or
  • On the 5th day after such Order has been mailed; or
  • On the end of day such Order has been emailed; or
  • Immediately upon the posting of such Order in a conspicuous place on the subject property or structure located on the subject property. 

Where the Owner or Occupant fails to comply with an Order issued under this By-law the City, in addition to other remedies:

  • Shall have the right to carry out the work as required in the Order and for this purpose may, with its servants and agents from time to time, enter in and upon the property;
  • Shall have the right to recover the expense of carrying out the work as required in the Order by adding the expense to the tax roll and collecting such expenses in the same manner as taxes; and
  • Shall not be liable to compensate such Owner, Occupant or Other person having an interest in the property by reason of anything done by or on behalf of the City under the provisions of this By-law. 
Enforcement and Penalties

The provisions of this By-law may be enforced by an Officer.

Every Person who contravenes any provision of this By-law, and every director or officer of a corporation who knowingly concurs in such contravention by the corporation, is guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, and the Municipal Act, 2001, as both may be amended from time to time.

An offence under this By-law may be designated a continuing offence or a Multiple Offence.

Any Person who is charged with an offence under this By-law by the laying of an information under Part Ill of the Provincial Offences Act and is found guilty of the offence is liable, pursuant to the Municipal Act, 2001, to the following fines:

  • a minimum fine not exceeding $500 and a maximum fine not exceeding $100,000;
  • in the case of a continuing offence, for each day or part of a day that the offence continues, a minimum fine not exceeding $500, and a maximum fine not exceeding $10,000, and the total of all daily fines for the offence is not limited to $100,000; and
  • in the case of a Multiple Offence, for each offence included in the Multiple Offence, a minimum fine not exceeding $500, and a maximum fine not exceeding $10,000, and the total of all fines for each included offence is not limited to $100,000. 
Validity

Notwithstanding any section, subsections, clause, paragraph or provision of this By-law, or parts thereof may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and that all other sections or parts of this Bylaw are separate and independent therefrom and enacted as such as a whole. Same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole.

Where a provision of this By-law conflicts with the provision of another By-law, Act, or Regulation in force within the City of Belleville, the provisions that establish the higher standards to protect the health and safety of the persons shall prevail.

Transition

After the date of passing of this By-law, By-law No. 2022-52 shall apply only to those properties in which an Order has been issued prior to the date of passing of this By-law, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order including any demolition, clearance, or repair carried out by the City shall have been concluded. 

Short Title

This By-law shall be known as the "Short-Term Accommodation By-law".

Repeal and Enactment

This By-law will take effect on December 1, 2025, except for the purposes set out in Section 13.1 of this By-law and will Repeal By-law Number 2022-52 in its entirety. 

The Sign By-law sets out the requirements for placing and displaying any sign or other advertising device within the city. All signage within the city of Belleville requires a permit. 

By-law 2006-55 – A By-law to Regulate Signs and Other Advertising Devices in the City of Belleville

Whereas the Council of The Corporation of the City of Belleville is desirous of establishing a By-Law to regulate signs and other advertising devices throughout the whole of the City of Belleville;

Now Therefore, the Council of the Corporation of the City of Belleville enacts as follows:

Section 1 – Definitions

For purposes of this By-Law, the following definitions shall apply:

"Abandoned Sign" means a sign located on property which becomes vacant and unoccupied for a period of ninety (90) days or more, or any sign which pertains to a time, event or purpose which no longer applies.

"Alter, Altered or Alteration" means any change to a sign with the exception of:

  • a change in the message displayed by a sign;
  • the rearrangement of numerals, letters or copy applied directly to the face of a sign and specifically designed and intended to be periodically rearranged; or
  • repair and maintenance, including replacement by identical components; unless such works change the size, height or location of the sign or otherwise affect the structure of the sign.

"Banner Sign" means a temporary sign made of vinyl, cloth, canvas, or other pliable material, but shall not include a flag or banner employed for artistic or design purposes.

"Building Fagade" means that portion of any exterior elevation of a building extending from grade to the top of the parapet, wall or eaves and encompassing the entire width of the building.

"Chief Building Official" means the Chief Building Official or his/her designate, of the Corporation of the City of Belleville.

"Clear Height" means the distance between the highest elevation of the ground beneath a sign or awning, and the lowest point of the sign or awning exclusive of the sign or awning structure.

"Contractor's Sign" means a temporary sign used to identify the name or names of the contractors doing work on a lot, where such sign is removed upon completion of the work.

"Corner Lot" means a lot situated at the intersection of two or more streets where the angle of the intersection of the two streets is not more than 135 degrees. 

"Developer's Sign" means a temporary on-premise sign used to identify the name of a land development project that is either ongoing or going through the approval process, where such sign is removed upon completion of the development project.

"Directional Sign" means a permanent on-premise sign that provides direction or other information for the control of vehicular and pedestrian traffic on a lot, such as entry or exit signage, loading area signage, or on-site parking signage, and includes menu signage and similar on-site instructional signage.

"Election Sign" means a temporary sign erected in connection with a Federal, Provincial or Municipal election by or on behalf of a candidate officially registered for election.

"Electric Spectacular" means a permanent animated sign, and shall include any sign whose message remains unchanged or unmoved for a period of less than seven (7) seconds, but shall not include signs that display in whole or in part the time of day and/or the temperature.

"Fascia Sign" means a permanent on-premise sign attached to or painted directly on a building fagade, where the sign face is parallel to the building fagade on which the sign is affixed.

"Flashing Sign" means a type of sign defined in this By-Law that contains lights that vary in intensity at intervals less than seven (7) seconds.

"Ground Sign" means a permanent on-premise sign that is supported from the ground and not attached to any part of a building.

"Illuminated Sign" means a type of sign as defined in this By-Law that is illuminated by either internal or external lamps, luminous tubes, or reflectorized glowing or radiating lights.

"Lot" means a parcel of land under single ownership and which is distinct from the ownership of adjoining lots or parcels of land, whether such parcel is described in a registered deed, or shown as a lot or block on a registered plan of subdivision.

"Marquee" means a permanent roof structure projecting horizontally from the face of a building, upon which there mayor may not be one or more signs.

"Municipal Property" means property owned by or under the control of the Corporation of the City of Belleville and shall include streets as defined herein within the City of Belleville.

"Municipality" means The Corporation of the City of Belleville.

"Off Premise Sign" means any sign advertising a business, person, activity, good, product or service that is not principally related to, or available at the location or on the lot where the sign is located, and/or which generally directs people to locations different from the location where the sign is located.

"On-Premise Sign" means any sign advertising a business, person, activity, good, product or service that is principally available at the premises or on the lot where the sign is located.

"Owner" means the registered owner of the lot upon which a sign is or is to be erected. When used in context with a sign, Owner shall mean the owner of the sign.

"Parapet" means an extension of a wall of a building above the roof level of the building.

"Person" means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee and any heirs, executors, successors, assigns or other legal representatives of a person to whom a contract can apply according to law.

"Portable Sign" means a temporary sign which is specifically designed or intended to be readily moved from one location to another and which does not rely on a building or fixed foundation for its structural support, and which for purposes of this By-Law includes any sign mounted on a trailer, a banner sign, and an inflatable sign, but does not include a sandwich board sign as defined herein.

"Poster Panel Sign" means a permanent off-premise sign that may be either self supporting or affixed to a building or other structure for support.

"Private Thoroughfare" means that portion of private property over which vehicular traffic has the right of passage, and without limiting the generality of the foregoing, shall include private roadways, laneways, driveways, and parking areas.

"Projecting Sign" means a permanent on-premise sign which projects perpendicularly from the wall of a building to which the sign is affixed for support.

"Public Information Sign" means any sign erected for or at the direction of any government authority, agency, board or committee for the purpose of providing information to the public concerning such authority, agency, board or committee, or any proceedings thereof, and shall include signs that advertise applications for Official Plan or Zoning By-Law amendments.

"Read-o-graph" means a permanent sign composed of manually or electronically interchangeable letters intended to convey a temporary message.

"Real Estate Sign" means a temporary on-premise sign erected on a lot or affixed to a building to advertise the availability of the real property for sale, lease or rent.

"Roof Sign" means a permanent on-premise sign, the face of which is above the roof level or parapet of the building upon which the sign is affixed.

"Sandwich Board Sign" means a temporary sign that is self-supporting on-grade, constructed of substantive weather-resistant materials, typically forming the shape of an 'A' when erected.

"Sign" means any advertising device or display upon which there is printed, projected or attached any announcement, declaration, or insignia, used for direction, information, identification, advertisement, business promotion or promotion of products, or availability of services, whether intended to be permanent or temporarily capable of being readily moved or relocated, and includes an inflatable model placed on a lot for the purpose of advertising, and also includes banners and vehicles used strictly as advertising devices, and shall include the sign structure and the sign face, but shall not include flags or other embellishments to a lot or building that are strictly for design or architectural purposes.

"Sign Area" means the surface area of a sign face, except on a double-faced sign where only the larger of the two sign faces shall be calculated as the sign area. Where letters, figures or symbols are affixed to a wall separately to constitute a sign, the sign area shall be deemed to be the area of the smallest rectangle, triangle, circle or oval or combination thereof which will enclose all of the sign message components. For purposes of this definition, a double-faced sign shall mean a sign with two sign faces back-to-back facing opposite directions.

"Sign Face" means that portion of a sign on which a message is intended to be displayed.

"Sign Height" means the distance measured from height of the ground directly beneath the sign to the highest point of the sign including the sign structure and the sign face.

"Sign Structure" means the supporting structure and framework that supports the sign face.

"Signature Entrance Sign" means a permanent ground sign erected on a street or other property used to identify the name of a development or a community or area of the Municipality.

"Street" means a highway as defined in the Municipal Act including highways under the jurisdiction of the Municipality and the Province of Ontario, and shall include all travelled and un-travelled portions of a highway, and shall include lanes and walkways owned by the Municipality, but shall not include a private thoroughfare.

"Street Frontage" means the linear distance of the street line of a lot.

"Street Line" means the common lot line that divides a street from a lot.

"Unsafe" means:

  • structurally inadequate or faulty; or
  • in a condition or location that could be hazardous to any person or property.

"Zone" means zones established by City of Belleville Zoning By-Law Number 10245 as amended from time to time, Township of Thurlow Zoning By-Law Number 3014 as amended from time to time, and Township of Sidney Zoning By-Law Number 2076-80 as amended from time to time.

Section 2 – General Provisions
Short Title

This By-Law may be cited as "The City of Belleville Sign By-Law".

Scope

This By-Law shall apply to all signs and other advertising devices within the limits of the Corporation of the City of Belleville except as otherwise provided in this By-Law.

This By-Law shall not apply to signs erected in the interior of any building except for such signs that are placed on the interior of windows or other building fenestrations that are intended strictly for external advertising.

This By-Law shall not apply to signs located on lots that display only municipal addresses or 9-1-1 property identifications, provided such signs:

  • are erected so as to not create a safety hazard;
  • are properly maintained; and
  • do not have a sign area exceeding 5 square feet (.46 square metres).

Measurements in this By-Law are provided in imperial and metric units. Where there is a conflict between the imperial and the metric measure provided in this By-Law, the imperial measure shall prevail.

Effect of By-Law

No person shall erect, display, alter, repair or maintain, or cause the same to be done to, any sign or other advertising device within the corporate limits of the City of Belleville that is in contravention of any provision of this By-Law.

Prohibited Signs

No person shall erect, place or display any sign or cause the same to be done in respect to any of the following:

  • Signs that contravene the requirements of this By-Law, the Ontario Building Code or any other applicable regulation, as amended from time to time;
  • Electric spectacular signs;
  • Signs that overhang or encroach on municipal property including streets unless expressly authorized by this By-Law or the Municipality;
  • Signs that are unsafe, or endanger pUblic safety by reason of their location or inadequate or improper construction or maintenance;
  • Any sign that is located so as to obstruct the view of any pedestrian or motor vehicle driver so as to cause an unsafe condition;
  • Any sign that is located so as to obstruct or impede any flue, air intake, fire escape, fire exit, door, window, skylight or exhaust or so as to impede free access by fire fighters to any part of a premise;
  • Any sign that is attached or secured to a tree, shrub or bush, or utility pole;
  • Vehicles parked and located solely for the purpose of advertising a place of business, a product or a service;
  • Any sign other than a roof sign that is erected upon or supported by a parapet;
  • Any sign located on a corner lot that is placed in the triangular space formed by the street lines for a distance of 25 feet (7.62 metres) from their point of intersection, with the exception of the area defined in Schedule 'A' hereto to which this clause shall not apply, or any Jot from which the City has previously obtained a day-lighting triangle;
  • Any sign that may confuse passing motorists or interfere with the safe movement of traffic.
Maintenance

Every sign shall be kept clean, neatly painted, well maintained and in a good state of repair as to safety and appearance. No person shall permit any sign to become unsafe. 

Minimum Clear Height

Except as may otherwise be provided for in this By-Law, the clear heightfor any sign erected over a private thoroughfare or portions of streets used for vehicular traffic shall be 14 feet (4.27 metres) minimum.

Except as may otherwise be provided for in this By-Law, the clear height for any sign erected over a sidewalk, waikway or trail shall be 8 feet (2.44 metres) minimum.

Illumination

Signs may be illuminated unless otherwise expressly prohibited by this By-Law.

No illumination of a sign shall spill beyond the face of the sign such that light interferes with the enjoyment of neighbouring lands or interferes with visibility on nearby streets.

No person shall erect a flashing sign in the City of Belleville.

Technical Requirements

No person shall erect any sign upon or attached to any building or other approved support unless such building or structure will carry the additional dead and wind loads due to the erection of such sign or without exceeding the stresses on the respective materials as may be set out in the Ontario Building Code.

Where required by the Chief Building Official, signs including their supporting structure, shall be designed by a professional engineer licensed to practice in the Province of Ontario.

Liability

The provisions of this By-Law shall not be construed as relieving or limiting the responsibility or liability of any person erecting or owning any sign for personal injury or property damage resulting from the placing or erecting of such sign or resulting from negligence or wilful acts of such person, or of his/her agents or employees in the construction, erection, maintenance, repair or removal of any sign erected in accordance with a sign permit issued hereunder, nor shall it be construed as imposing upon the Municipality or its officers or employees any responsibility or liability by reason of the approval of any sign, materials or devices under provisions of this By-Law.

Existing Signs

This By-Law shall not apply so as to require any sign that was legally erected before the date this By-Law comes into full force and effect, to be made to comply with this By-Law so long as the sign is not altered.

If any sign legally existing on the date this By-Law comes into full force and effect is removed or deemed by the Chief Building Official to be substantially altered, the sign shall be replaced or upgraded only in accordance with all requirements of this By-Law.

Section 3 – Sign Classifications
Ground Signs

No person shall erect a Ground Sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions: 

Size and Number of Signs:

The maximum cumulative sign area for ail Ground signs erected on a lot shall be either:

  • 1 square foot (.09 square metres) for each 1.75 feet (.53 metres) or part thereof of street frontage; or
  • 1 square foot (.09 square metres) for each 300 square feet (27.87 square metres) or part thereof of lot area; or
  • 60 square feet (5.57 square metres); whichever is the greater.

No individual Ground sign shall have a sign area in excess of 200 square feet (18.58 square metres).

Sign Setbacks:

Ground signs may be located adjacent to any lot line other than a street line, except lot lines abutting lots in a Residential zone, in which case Ground signs shall be set back minimum 50 feet (15.24 metres) from the said lot line.

Ground signs with a clear height of minimum 8 feet (2.44 metres) may be located immediately adjacent to a street line, and Ground signs with a clear height of less than 8 feet (2.44 metres) shall be set back minimum 5 feet (1.52 metres) from a street line.

No Ground sign shall be located any closer than 50 feet (15.24 metres) to any other Ground sign located on another lot.

Where more than one (1) ground sign is located on a lot, a separation distance of 250 feet (76.2 metres) minimum between the signs shall be provided.

Sign Height:

No Ground sign shall have a sign height exceeding 35 feet (10.67 metres).

Sign Structure:

Ground signs over 8 feet (2.44 metres) in height shall have a non-combustible sign structure.

Ground signs over 8 feet (2.44 metres) in height shall be set in concrete footings that extend to below frost depth which shall have sufficient size and weight to prevent overturning of the sign in heavy winds.

The sign structure of a Ground sign shall be free of any extra bracing, angle iron, guy wires, cables, or similar, and the supports shall be an integral part of the sign.

Poster Panel Signs

No person shall erect a Poster Panel sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions:

Number of Signs:

No more than one (1) Poster Panel sign shall be erected on anyone lot.

Sign Setbacks:

No Poster Panel sign shall be located within 15 feet (4.57 metres) of a driveway leading to a street nor closer to a street line than:

  • 50 feet (15.24 metres) in the case of a sign with a sign area of75 square feet (6.97 square metres) or less;
  • 75 feet (22.86 metres) in the case of a sign with a sign area greater than 75 square feet (6.97 square metres) and less than 150 square feet (13.94 square metres); or
  • 100 feet (30.48 metres) in the case of a sign with a sign area 150 square feet (13.94 square metres) or greater.

No Poster Panel sign with a sign face:

  • 75 square feet (6.97 square metres) or less shall be located within 100 feet (30.48 metres) of any lot within a Residential Zone; and 
  • exceeding 75 square feet (6.97 square metres) shall be located within 150 feet (45.72 metres) of any lot within a Residential Zone.

Size of Sign:

No Poster Panel sign shall have a sign face exceeding 300 square feet (27.87 square metres) in area.

Separation Distance of Signs:

Within any Rural or Agricultural Zone:

  • no Poster Panel sign with a sign area in excess of 100 square feet (9.29 square metres) shall be located within a radius of 5,000 feet (1524 metres) from another Poster Panel sign; and
  • no Poster Panel sign with a sign area 100 square feet (9.29 metres) or less shall be located within a radius of 3,000 feet (914.4 metres) from another Poster Panel sign.

Within any Zone other than a Rural or Agricultural Zone where Poster Panel signs are permitted:

  • no Poster Panel sign with a sign area in excess of 100 square feet (9.29 square metres) shall be located within a radius of 2,000 feet (609.6 metres) from another Poster Panel sign; and
  • no Poster Panel sign with a sign area 100 square feet (9.29 square metres) or less shall be located within a radius of 1,000 feet (304.8 metres) from another Poster Panel sign.

Sign Height:

No Poster Panel sign shall have a sign height exceeding 30 feet (9.14 metres).

Agreement of Land Owner:

All applications for a sign permit to erect a Poster Panel sign shall be accompanied with confirmation from the owner of the lot upon which the sign is to be placed that he/she consents to the sign being erected, where the applicant for the sign permit is not also the owner of the lot.

Businesses Not Located in Belleville:

Any business that does not maintain a place of business within the corporate limits of the City of Belleville shall not advertise on more than one poster panel sign within the City of Belleville at anyone time.

Sign Structure:

The supporting members of a Poster Panel sign shall be free of any extra bracing, angle iron, guy wires, cables, or similar, and the supports shall be an integral part of the sign.

Poster panel signs, except where supported by another structure such as the wall of a building, shall be set in concrete footings that extend to below the level of potential damage from frost and shall be of sufficient size and weight to prevent overturning the sign in heavy winds.

Poster panel signs over 8 feet (2.44 metres) in height shall have a noncombustible sign structure.

Portable Signs

No person shall erect a Portable Sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions: 

Number of Portable Signs:

A maximum of one (1) Portable sign shall be permitted for each 200 feet (60.96 metres) or part thereof of street frontage of a lot, but in no case shall more than four (4) Portable signs be erected or maintained on a lot at anyone time. 

Duration of a Portable Sign:

A Portabie sign may be erected for a period of up to 3 months pursuant to a permit issued under Section 5 of this By-Law, but a permit may be obtained from month to month or for three (3) month intervals with respect to the same sign.

Sign Setbacks:

Portable signs shall be located entirely on a lot and shall not be located on or permitted to encroach onto a street.

The Sign Face of any Portable sign shall be set back:

  • 15 feet (4.57 metres) minimum from a driveway exiting onto a street;
  • 5 feet (1.52 metres) minimum from any lot line other than a street line;
  • 7 feet (2.13 metres) minimum from a public sidewalk; and
  • 15 feet (4.57 metres) minimum from any curb line or edge of the travelled portion of a street.

Sign Size and Height:

Except as may otherwise be provided:

  • no Portable sign shall have a sign height exceeding 7 feet (2.13 metres); and
  • the maximum sign area of a Portable sign shall be 50 square feet (4.65 square metres).

Illumination: 

A Portabie sign may be illuminated, but no Portable sign shall have any flashing or moving lights or be mechanized in any way.

Off-Premise Portable Signs:

No off-premise Portable sign shall be erected without the written authorization of the owner of the lot on which the sign is to be erected being provided to the Chief Building Official.

Portable Signs with No Message:

Portable signs not displaying any message for a period of sixty (60) days shall be prohibited.

For purposes of Part a) above, a Portable sign displaying a message identifying just the identity and/or contact information of the owner of the Portable sign and/or that the Portable sign is for rent shall be deemed to not be displaying any message and shall be prohibited.

Sign Structure:

Portable signs shall be anchored, pinned, weighted, tied, or possess sufficient integral weight to prevent overturning in heavy winds.

Inflatable Signs:

Notwithstanding any other provisions of this Section to the contrary, the following provisions shall apply to Inflatable signs:

A maximum of one (1) Inflatable sign shall be permitted on a lot at anyone time.

The maximum number of days that an Inflatable sign may be erected on a lot in anyone calendar year (January 1st to December 31st) shall be sixty (60).

Inflatable signs may be erected on a lot in addition to any other type of Portable sign permitted by this By-Law.

An Inflatable sign shall not be subject to any sign area limitations but shall not exceed 40 feet (12.19 metres) in heightfrom the base of the Inflatable sign to the highest point of the Inflatable sign.

Inflatable signs shall be anchored, pinned, weighted or tied to prevent shifting, moving or overturning in heavy winds. Where erected on the roof of a building or where attached to any structure on a lot, the Chief Building Official may require such sign be erected under the supervision and approval of a Professional
Engineer.

Models and other similar advertising devices shall be considered infiatable signs for purposes of this By-Law.

Banner Signs:

Notwithstanding any other provisions of this Section to the contrary, the following provisions shall apply to Banner signs:

  • A maximum of one (1) Banner sign shall be permitted on a lot at anyone time.
  • The maximum number of days that a Banner sign may be erected on a lot in any one calendar year (January 1st to December 31st) shall be ninety (90).
  • Banner signs may be erected on a lot in addition to any other type of Portable sign permitted by this By-Law.
  • Banner signs shall not be subject to any sign height limitations, and may have a sign area of 150 square feet (13.94 square metres) maximum.
  • Where not affixed to and flush with the fagade of a building, the provisions of Section 3.3 (3) of this By-Law with respect to setbacks shall apply to Banner signs.
  • Banner signs shall be sufficiently tied or secured to permanent structures so as to prevent moving or release in heavy winds, and shall consist of weatherresistant material that will not rip in heavy winds or when wet.

Search Lights and Other Similar Advertising Devices:

The use of search lights as an advertising device and other similar advertising devices shall be prohibited.

Fascia Signs

No person shall erect a Fascia Sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions: 

Where Permitted:

Fascia signs may be erected or displayed on each side building facade that is clearly visible from a street, private thoroughfare, or sidewalk, walkway or trail.

Minimum Clear Height:

Where pedestrian access beneath a Fascia sign is prohibited, no minimum clear height shall be required.

Where pedestrian access beneath a Fascia sign is possible, the lowest part of the Fascia sign shall not be less than 8 feet (2.44 metres) above the grade below the sign.

Maximum Height and Projection:

No Fascia sign shall extend above the building facade.

For buildings located closer than 8 inches (.20 metres) to a street line, Fascia signs affixed to such buildings may project a maximum of 8 inches (.20 metres) over the street line provided a minimum clear height of 8 feet (2.44 metres) is provided.

Sign Area:

The maximum cumulative sign area of all Fascia signs affixed to any single building facade shall be 15% of the total area of the building facade to which the Facia signs are affixed.

Sign Structure:

Fascia signs shall be securely fastened to a building facade.

Signs on Awnings:

Fascia sign lettering may be painted on an awning.

Within the area designated in Schedule 'A' hereto, Fascia sign lettering may be painted on an awning that projects over a street.

By-Law Number 11067 of the Corporation of the City of Belleville, as amended from time to time, shall apply to awnings that project over a street upon which Fascia sign lettering is to be displayed.

Roof Signs

No person shall erect a Roof Sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions:

Number of Signs:

No more than one (1) Roof sign that may have either one (1) or two (2) sign faces shall be permitted on a lot.

Sign Height:

No Roof sign shall extend more than 5 feet (1.52 metres) above the maximum height of the roof upon which the Roof sign is erected.

Unless otherwise certified as acceptable by a Professional Engineer, every Roof sign shall maintain a vertical distance of minimum 3 feet (.91 metres) between the roof or parapet and the bottom of such Roof sign.

Sign Area:

No single sign face of a Roof sign shall exceed 200 square feet (18.58 square metres) in area.

Sign Structure:

Roof signs shall be secured to the building structure.

The sign structure of a Roof sign shall be free of any extra bracing, angle iron, guy wires, cables, or similar; the supports for a Roof sign shall be an integral part of the sign.

No Roof sign constructed either wholly or partiy of wood shall be erected upon the roof of any building.

Sandwich Board Signs

No person shall erect a Sandwich Board sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions: 

Number of Signs:

No more than one (1) Sandwich Board sign shall be permitted for each 200 feet (60.96 metres) or part thereof of street frontage of the lot.

Size of Sign:

Sandwich Board signs shall have a maximum height of 4 feet (1.22 metres) and a maximum width of 2 feet (.61 metres), except as may otherwise be provided for in this By-Law.

Sign Location on a Lot:

Where located on a lot, Sandwich Board signs may be located adjacent to any lot line including a street line.

Sign Location on a Street:

Sandwich Board signs shall not be located on any street except within the area defined in Schedule 'A' hereto, provided that the Sandwich Board sign:

  • shall be placed either:
    • directly adjacent to the street line such that the sign does not project more than 2 feet (.61 metres) from the street line, or
    • on the boulevard or sidewalk on the street provided it is set back minimum 2 feet (.61 metres) from the curb line; and
  • shall be located either:
    • immediately in front of or adjacent to the business advertised on the Sandwich Board sign, or
    • within 150 feet (45.72 metres) of the business so advertised on the Sandwich Board sign subject to the concurrence of the property owner in front of which the sign will be so located; and
  • shall only be erected on the street when the business advertised on the sign is open for business; and
  • shall not impede pedestrian or vehicular traffic.

Authorization Permit:

No person shall erect any Sandwich Board sign on a street in accordance with this By-Law without first obtaining from the Chief Building Official an authorization permit for such sign.

No more than one authorization permit shall be required for each Sandwich Board sign, which permit shall authorize the placement of such sign on a street in accordance with the provisions of this By-Law for the life of the sign.

The required fee for an authorization permit to erect a Sandwich Board sign on a street shall be $25.00.

The Chief Building Official may place on any Sandwich Board sign for which an authorization permit has been issued, a validation tag or sticker to certify that an authorization permit has been issued for the said sign.

Sign Structure:

Sandwich Board signs shall be anchored in place through weight or other support so as to prevent incidental movement of the sign through the impacts of wind.

Projecting Signs

No person shall erect a Projecting sign, where permitted pursuant to the provisions of Section 4 of this By-Law, except in accordance with the following provisions:

Number of Signs:

The number of Projecting signs permitted on a lot shall be:

  • a maximum of one (1) Projecting sign for each 100 feet (30.48 metres) or part thereof of length of each building fagade; or
  • a maximum of one (1) Projecting sign for each separate business; whichever is the greater.

Sign Area:

A Projecting sign shall have a maximum sign area of 6 square feet (.56 square metres).

Clear Height:

Projecting signs shall have a minimum clear height of 9 feet (2.74 metres).

Signs over a Street:

Within the area designated in Schedule 'A' hereto, Projecting signs may project a maximum of 3 feet (.91 metres) over a street.

Banners shall not be erected so as to project over a street without the approval of City Council.

Read-a-graphs

A Ground or Fascia sign may contain a Read-o-graph as a component of the sign, provided that such Read-o-graph shall:

  • not have a sign area in excess of 50% of the total permitted sign area; or
  • have a sign face exceeding 75 square feet (6.97 square metres); whichever is the lesser.

Read-o-graphs that form a component of a permitted Ground or Fascia sign shall not be included in the calculation of the maximum sign area for such sign as set out in this By-Law.

Marquees

Marquees associated with a theatre may project over a street within the area defined in Schedule 'A' hereto, subject to the following provisions:

  • The clear height beneath the marquee shall be a minimum of 9 feet (2.74 metres).
  • The maximum distance that a marquee may project over a street shall be 10 feet (3.05 metres), but in no case shall any marquee project to within less than 3 feet (.91 metres) of a curb line, utility pole or tree.
  • Where a sign is to be located on a marquee, for purposes of this By-Law, such signs shall be deemed to be Fascia signs.
  • Projecting signs may be permitted as a separate structure and complementary to a marquee where a marquee is permitted by this By-Law, and such Projecting signs:
    • shall not project over the street more than 5 feet (1.52 metres);
    • shall not have a sign face exceeding 75 square feet (6.97 square metres); and
    • shall have a minimum clear height of 9 feet (2.74 metres).
  •  Marquees shall be designed so as to prevent snow, ice or other matter from sliding or dropping from the marquee onto the municipal sidewalk.

The Chief Building Official shall require submission of a plan certified by a professional engineer for any marquee or complementary Projecting sign prior to the issuance of any permit therefore.

Adult Entertainment Establishments

Notwithstanding anything in this By-Law to the contrary, no person shall erect any sign in support of an adult entertainment establishment (which for purposes of this By-Law shall include a body rub parlour) except in accordance with the following provisions:

No off-premise sign shall be erected in support of an adult entertainment establishment.

No sign or other advertising device in support of an adult entertainment establishment shall contain any pictures, pictograms, caricatures, or other similar images that are intended to cater or appeal to erotic or sexual appetites or inclinations.

No sign in support of an adult entertainment establishment shall contain any words other than the phrase "Adult Entertainment" or derivations thereof, the business name, and business operational information such as hours of operation and licencing information, but nothing herein shall apply to prevent the use of words that advertise products or services that are available for sale at the premises but which are not related to the adult entertainment service, subject to compliance with all other provisions of this By-Law.

No sign face of any sign in support of an adult entertainment establishment shall have a sign area exceeding 100 square feet (9.29 square metres).

Read-o-graph signs, portable signs, or sandwich board signs shall not be used in support of an adult entertainment establishment.

Section 4 - Zones Where Signs Permitted
Interpretation

Reference made in this By-Law to Zoning By-Laws of the Corporation of the City of Belleville shall mean:

  • By-Law Number 10245 as amended from time to time, adopted by the Corporation of the City of Belleville on April 4, 1977; and
  • By-Law Number 3014 as amended from time to time, adopted by the Corporation of the Township of Thurlow on August 12,1987; and
  • By-Law Number 2076-80 as amended from time to time, adopted by the Corporation of the Township of Sidney on October 27, 1980.
Signs Permitted in All Zones

Election signs, real estate signs, contractor's signs, developer's signs, directional signs, warning signs, and traffic control and public information signs shall be permitted in any zone and no permit shall be reqUired for any of the foregoing signs.

No person shall erect an election sign, real estate sign, contactor's sign, developer's sign, directional sign, or warning sign in any zone except in accordance with the following provisions:

Election Signs:

Election signs shall be permitted in any Zone following declaration of a Provincial or Federal election, or the day following the final day for filing nominations in a Municipal election, and shall be removed within one (1) week following the date of the election.

Election signs shall be permitted on a lot provided:

  • the sign is affixed to the ground and is not nailed or fastened in any way to a tree, or any other similar plant or structure;
  • the sign area of each sign does not exceed 32 square feet (2.97 square metres); and
  • where the sign has a sign area in excess of 12 square feet (1.11 square metres), the sign is located in accordance with the provisions of Section 3.3 (3) of this By-Law.

Election signs may be permitted on the un-travelled portion of streets provided:

  • such signs do not interfere with the safe movement of pedestrians and vehicles on such streets, or cause disruption to the maintaining or use of the street by the Municipality or any utility or other similar authority;
  • the sign is affixed to the ground and is not nailed or fastened in any way to a utility pole, traffic control sign or device, tree, or any other similar plant or structure;
  • the sign area of each sign does not exceed 12 square feet (1.11 square metres) with a maximum sign height of 3 feet (.91 metres);
  • the owner of the lot immediately abutting the location of the sign on the street does not object to the election sign being located on the street next to his/her property; and
  • the election sign is located on a portion of the street between the street line and the curb line or the limit of the travelled roadway including the gravel shoulder, whichever is the case, provided that:
    • the sign is set back from the edge of the travelled roadway or the gravelled shoulder of the roadway or curb line, as the case may be, minimum 10 feet (3.05 metres), and
    • the sign is set back minimum 1 foot (.3 metres) from a sidewalk;
  • where located on a street which is not under the jurisdiction of the Corporation of the City of Belleville, that authorization has been obtained from the necessary authorities.

Real Estate Signs:

Real Estate signs shall be permitted in any Zone on a lot which is for sale or available for lease or rent, and shall be removed within twenty-one (21) days following the confirmation of a sale or the leasing of the premises.

Real Estate signs shall not have a sign area:

  • exceeding 10 square feet (.93 square metres) on any lot within a Residential Zone or on a lot containing a residential use; or
  • exceeding 32 square feet (2.97 square metres) in any other zone; except however that the maximum sign area of any Real Estate sign may be doubled where the lot has a street frontage greater than 300 feet (91.44 metres).

Within Rural and Agricultural Zones, the maximum sign area of a Real Estate sign shall be as set out above, plus an additional 8 square feet (.74 square metres).

The number of Real Estate signs permitted on any lot shall be:

  • a maximum of one (1) sign for each 200 feet (60.96 metres) or part thereof of street frontage; or
  • a maximum of one (1) sign for each separate street frontage on a corner lot, which for purposes of this section includes frontage onto a navigatable waterway; whichever is the greater.

Any Real Estate sign that has a sign area in excess of 10 square feet (.93 square metres) shall be located in accordance with the provisions of Section 3.3 (3) of this By-Law.

Contractor's Signs:

Contractor's signs shall be permitted in any Zone on a lot where there is active and ongoing construction by the business or person so indicated on the sign, and shall be removed upon completion of construction.

Contractor's signs shall not have a sign area exceeding 16 square feet (1.49 square metres).

Contractor's signs may be located adjacent to any lot line including a street line.

Developers' Signs:

Developer's signs may be permitted in any Zone on a lot that is subject to a current or proposed development or redevelopment project.

A maximum of one (1) Developer'S sign shall be permitted on a lot for each separate street onto which the lot subject to the development project fronts.

Developer's signs shall be removed within twenty one (21) days from the date of completion of the development or redevelopment project.

Developer's signs shall be deemed to be Ground signs for setback purposes.

The maximum sign area for each Developer's sign shall be 1 square foot (.09 square metres) for each 5 feet (1.52 metres) or part thereof of street frontage, but in no case shall any sign face of a Developer's sign exceed 150 square feet (13.94 square metres) in area.

The maximum sign height for a Developer'S sign shall be 15 feet (4.57 metres).

Directional Signs: 

Directional signs shall be permitted in any Zone along or adjacent to any private thoroughfare.

Directional signs shall not have any sign face exceeding 6 square feet (.56 square metres) with the exception of signs used to display menus or convey similar information, which shall have a maximum sign area of 60 square feet (5.57 square metres).

Warning Signs:

Warning signs having a maximum sign area of 5 square feet (.46 square metres) for each sign face shall be permitted in any Zone on a lot.

Traffic Control, Public Information and Other Signs:

Nothing in this By-Law shall apply to prevent the Municipality from erecting or authorizing the erection of any sign on any street or on other property under the jurisdiction or control of the Municipality in any Zone:

  • to regulate traffic; 
  • to provide for the safety or protection of the public;
  • to provide the public with information which shall include tourist directional signage and service club identification; or
  • as a component of any bus shelter, bench seating or similar facility.

Public information signs shall be permitted in any Zone on a lot or on municipal property with the approval of the Municipality, or on a street under the jurisdiction of the Province of Ontario subject to obtaining approval from the Province.

Where authorized by the Municipality through the provisions of a subdivision or development agreement, a land developer may erect a Signature Entrance sign in any Zone on a lot or on a street as set out in the said agreement.

Open Space Zones

Open Space Zone, as referred to herein, shall mean:

  • 01 to 03 zones inclusive established by By-Law Number 10245;
  • ES zones established by By-Law Number 3014; and
  • 01 zones established by By-Law Number 2076-80.

No person shall erect or display any sign or other advertising device on any lot in an Open Space Zone except:

  • Signs permitted pursuant to Section 4.2 of this By-Law;
  • Ground signs;
  • Fascia signs;
  • Projecting signs;
  • Roof signs;
  • Sandwich Board signs; and
  • Portable signs.

Nothing in this By-Law shall apply to prevent the erection of any Off-premise sign within any park under the jurisdiction of the Municipality or the Quinte Conservation Authority provided such signs are not intended to cater to traffic on abutting streets.

Residential Zones

Residential Zone, as referred to herein, shall mean:

  • R1 to R8 zones inclusive, plus RH and RS zones established by By-Law Number 10245;
  • R1 to R4 zones inclusive, plus RR, SR, ER and MHR zones established by By-Law Number 3014; and
  • R1 to R4 zones inclusive, plus R2S, R4S, RR and SPR zones established by By-Law Number 2076-80.

No person shall erect or display any sign or other advertising device on any lot in a Residential Zone except:

  • Signs permitted pursuant to Section 4.2 of this By-Law;
  • Ground or Fascia signs:
    • used for personal identification, having a maximum sign area of 2 square feet (.19 square metres), provided a maximum of one (1) such sign shall be permitted for each lot;
    • used to advertise boarding, lodging, tourist or apartment accommodation, or a home occupation located upon which properly the sign is located, having a maximum sign area of 2 square feet (.19 square metres), provided a maximum of one (1) such sign shall be permitted for each lot; or
    • used to advertise an apartment complex with a minimum of 8 separate apartment units, having a maximum sign area of 32 square feet (2.97 square metres), provided a maximum of one (1) such sign shall be permitted for each lot.

No sign erected in a Residential Zone shall be mechanized. 

For any institutional or community facility use located in a Residential Zone, the provisions of Section 4.5 of this By-Law shall apply.

For any open space use located in a Residential Zone, the provisions of Section 4.3 of this By-Law shall apply.

Community Facility Zones

Community Facility Zones, as referred to herein, shall mean:

  • CF and NH zones established by By-Law Number 10245;
  • CF zones established by By-Law Number 3014; and
  • CF and NH zones established by By-Law Number 2076-80.

No person shall erect or display any sign or other advertising device on any lot in a Community Facility Zone except:

Signs permitted pursuant to Section 4.2 of this By-Law;

  • Ground signs;
  • Fascia signs;
  • Sandwich board signs; and
  • Portable signs.

No sign erected in a Community Facility Zone shall be mechanized.

Commercial Zones

Commercial Zone, as referred to herein, shall mean:

  • C1 to C7 zones inclusive, and CR, CM, CC and CH zones established by By-Law Number 10245;
  • C1 to C4 zones inclusive established by By-Law Number 3014; and
  • CR, CH, MCH and CD zones established by By-Law Number 2076-80.

No person shall erect or display a sign or other advertising device on any lot in a Commercial Zone except:

  • Signs permitted pursuant to Section 4.2 of this By-Law;
  • Ground signs;
  • Fascia signs;
  • Roof signs;
  • Projecting signs;
  • Sandwich board signs;
  • Portable signs; and
  • Poster panel signs.
Rural and Agricultural Zones

Rural and Agricultural Zones, as referred to herein, shall mean:

  • RU and PA zones established by By-Law Number 3014; and
  • A1 and A2 zones established by By-Law Number 2076-80.

No person shall erect or display a sign or other advertising device on any lot in a Rural or Agricultural Zone except:

Signs permitted pursuant to Section 4.2 of this By-Law;

  • Ground or Fascia signs used for personal identification, having a maximum sign area of 25 square feet (2.32 square metres);
  • Fascia signs erected on a bam or other accessory bUilding or structure used to advertise the name of the farm or the identity of the operators, having a maximum sign area of 150 square feet (13.94 square metres);
  • Temporary signs used to identify crops;
  • Sandwich board signs. having a maximum sign area of 20 square feet (1.86 square metres) per sign face;
  • Portable signs; and
  • Poster panel signs.
Industrial Zones

Industrial Zone, as referred to herein, shall mean:

  • M1 to M4 zones inclusive, and the MCP zone established by By-Law Number 10245. as amended from time to time;
  • M1 to M3 zones inclusive established by By-Law Number 3014; and
  • MR, MW, M1, MS, M1S, and M2 zones established by By-Law Number 2076-80.

No person shall erect or display a sign or other advertising device on any lot in an Industrial Zone except:

  • Signs permitted pursuant to Section 4.2 of this By-Law;
  • Ground signs;
  • Fascia signs;
  • Projecting sign;
  • Roof signs;
  • Sandwich board signs;
  • Portable signs; and
  • Poster panel signs.
Other Zones

No person shall erect or display a sign or other advertising device on a lot in any other zone except signs permitted pursuant to Section 4.2 of this By-Law or for signs for which a permit is not required by this By-Law.

For purposes of this By-Law, Holding "H" Zones shall be treated in the fashion of the underlying zone as if the Holding symbol were not attached.

Non-conforming Uses

For any legal non-conforming use as determined through the provisions of the City's Zoning By-Laws, no person shall erect any sign or other advertising device with the exception of signs permitted pursuant to Section 4.2 of this By-Law or for signs for which a permit is not required by this By-Law, without first obtaining an amendment to this By-Law.

Section 5 – Sign Permits
Sign Permit Required

Except as otherwise provided for in this By-Law, no person shall erect or install or cause to be erected or installed any sign without first applying for and obtaining a sign permit for such sign from the Chief Building Official.

Notwithstanding Part (1) above, a sign permit shall not be required forthe erection of the following signs:

  • Contractor's Signs;
  • Directional signs provided no sign face is larger than 6 square feet (.56 square metres);
  • Displays consisting entirely of landscaping material;
  • Signs erected on municipal property by or for the Municipality, including signs erected by the Provincial or Federal Government or the Municipality for the regulation, safety or guidance of traffic;
  • Public information signs, including Banner signs erected on or over streets;
  • Election signs;
  • Real estate signs;
  • Warning signs (such as 'No Trespassing', 'Private Property' or 'Beware of Dog');
  • Sandwich Board signs with the exception of an authorization permit where such sign is to be located on a street as set out in Section 3.6 (5) of this By-Law;
  • Crop signs having a maximum sign area of 10 square feet (.93 square metres);
  • Any other sign having a sign area not exceeding 2 square feet (.19 square metres).

No sign permit shall be required for any alterations or repairs to an existing sign if such alterations or repairs involve only a change of the message on the sign or the repainting, cleaning or other normal maintenance and repair of the sign and the sign is not modified in any other way.

Application for Sign Permit

Where required by this By-Law, applications for a sign permit shall be made to the Chief Building Official upon a form to be provided by the Chief Building Official which shall require the following information to be set out on or accompany such application:

  • The name and address of the Contractor installing the sign;
  • The name and address of the owner of the premises upon which the sign is to be located and the name and address of the person in possession of the premises upon which the sign is to be located;
  • Drawings, plans and specifications showing:
    • the location or proposed location of the sign on the premises;
    • the location or proposed location of all other signs on the premises for which a permit is required; and
    • the dimensions, foundations, construction supports, sizes, electrical wiring and components, materials of the sign and method of attachment and character of structural members to which the attachment is made, together with such other engineering data certified by a duly licensed engineer as required by the Ontario
      Building Code, as amended;
  • Proof of possession of all permits as may be required by any other applicable government authority including the Ontario Ministry of Transportation;
  • The required fee as set out in Section 5.3 of this By-Law.
  • Other information as may be required by the Chief Building Official to ensure that such sign will comply with the requirements of this By-Law, the Ontario Building Code, any other applicable law, and to ensure the sign is not unsafe.
  • The consent of the person in possession of the lot or premises upon which the sign is to be erected, to permit entry upon the said premises by the Chief Building Official for the purpose of inspecting the sign in accordance with Section 6.3 of this By-Law, but nothing herein shall be construed to limit or restrict the right of the Chief Building Official to enter upon the premises in accordance with the provisions of the Building
    Code Act, the Provincial Offences Act or any other applicable statutory authority.
Fees for Sign Permits

Each application for a sign permit other than for Portabie signs, Poster Panel signs, and Sandwich Board signs on a street shall be accompanied by a fee payable to the Corporation of the City of Belleville at a rate of $1 0.00 per $1,000.00, or part thereof, of the construction value (labour and materials) of the sign, or $30.00, whichever is the greater.

Applications for a sign permit for a Portable sign shall be accompanied by a fee payable to the Corporation of the City of Belleville at a rate of $1 0.00 for each week or part thereof that such sign is to be displayed, or $15.50 per month, whichever is the lesser.

Applications for a sign permit for a Poster Panel sign shall be accompanied by a fee payable to the Corporation of the City of Belleville at a rate of $25.00 per $1 ,000.00, or part thereof, of the construction value (labour and materials) of the sign, or $50.00, whichever is the greater.

An authorization permit shall be issued for each Sandwich Board sign that is to be erected on a street in accordance with the provisions of this By-Law, at a rate of $25.00 for each sign, on a one time basis for each sign, as set out in Section 3.6 (5) of this By-Law.

All fees payable are non-refundable upon issuance of the sign permit.

Issuance of Sign Permit

The Chief Building Official shall issue a sign permit except where:

  • the proposed sign or other advertising device will not comply with this By-Law or the Ontario Building Code or will contravene any other applicable law; or
  • the application for the sign permit is incomplete or any fees due are unpaid.

Any sign permit issued by the Chief Building Official shall attest to the compliance to the provisions of this By-Law, but issuance of a sign permit by the Chief Building Official shall not relieve the applicant from obtaining any other permit as may required by any other authority having jurisdiction or any other agency having regulations which may apply, including the Ontario Ministry of Transportation in the vicinity of highways under the jurisdiction of the Province of Ontario.

Notice and Inspection Pursuant to a Sign Permit

The person to whom a sign permit has been issued shall notify the Chief Building Official of:

the readiness to construct the footings for the sign; and

the completion of the erection, display, alteration, or repair of the sign for which the sign permit was issued;
to facilitate inspection of the works.

Special Provisions for Sign Permits

Revocation of Sign Permits:

The Chief Buiding Official may revoke a sign permit where:

  • the sign permit was issued on mistaken or false information;
  • after six (6) months after its issuance, the erection, display, alteration or repair of the sign in respect of which the permit was issued has not, in the opinion of the Chief Building Official, been seriously commenced or has been substantially suspended or discontinued; or
  • a person to whom an order has been given in accordance with Section 6.3 of this By-Law has failed or refused to comply with such order.

Special Provisions for Sign Permits for Portable Signs:

Notwithstanding any provisions of this By-Law to the contrary, the following provisions shall apply to sign permits for Portable signs:

  • No sign permit shall be issued for a Portable sign more than twenty eight (28) days in advance of when the Portable sign for which the permit has been requested is to be erected.
  • Where a sign permit for a Portable sign has been issued and the Portable sign for which the sign permit has been issued has not been erected within twenty eight (28) days of the date of issuance of the sign permit, the sign permit shall be void and may be revoked.
  • No sign permit for a Portable sign shall be issued for any period of time exceeding three (3) months in duration.
  • No person shall permit a Portable sign to be erected or displayed beyond the effective period for which the sign permit has been issued for the Portable sign.

Return of Sign Permit Fees:

Where a sign permit is revoked as set out herein, any permit fees paid to the Municipality shall not be refundable.

Section 6 – Administration and Enforcement
Chief Building Official

The Chief Building Official shall be responsible for the administration and enforcement of this By-Law.

Inspectors

The Chief Building Official may assign such building inspectors as necessary to carry out the duties and responsibilities granted to and imposed upon the Chief Building Official by this By-Law, who shall have all of the authorities and responsibilities attributed to the Chief Building Official by this By-Law.

Remedies

Order to Comply:

The Chief Building Official may issue an order to comply to require any person who:

  • having obtained a sign permit, has caused a sign to be erected, displayed, altered or repaired contrary to the approved plans in respect of which the sign permit was issued; or
  • has erected, displayed, altered or repaired a sign contrary to the provisions of this By-Law, the Ontario Building Code or any other applicable law; to make such sign comply or to remove the sign within the time prescribed in the notice.

The Chief Building Official may issue an order to comply to require any person who has caused or allowed an existing sign to become unsafe or abandoned to correct the situation to the satisfaction of the Chief Building Official in the manner and within the time prescribed in the order.

If the person to whom an order to comply has been issued fails to comply with the said order, the Chief Building Official, at his/her option, may initiate procedures provided for in law to enforce this By-Law including authorizing the laying of charges and prosecuting persons for contravention of this By-Law, and the Chief Building Official may enter land and pull down or remove an existing sign, at the expense of the owner of the sign, if it is erected or displayed in contravention of this By-Law.

Orders Written:

Orders issued by the Chief Building Official pursuant to this By-Law shall be given by registered mail addressed to:

  • such person at his/her address as set out on the application for the sign permit;
  • the owner of the lot on which the sign has been erected according to the last revised assessment roll; or
  • where a sign permit was not applied for, the owner of the sign; and such order shall be effective as of the date on which such registered mail is posted.

Removal of Signs Erected or Placed on Municipal Property:

Where a sign has been erected or placed on municipal property or on facilities owned by or under the jurisdiction of the Municipality, including on any street:

  • without authorization;
  • in contravention of any provision of this By-Law; or
  • that has become unsafe;

as an alternative to any other remedy provided for under this By-Law, the Chief Building Official or designate may remove and impound the sign without notice to the owner of the sign or the business advertised on the sign.

Where the Chief Building Official or designate has removed and impounded a sign as set out in Part a) above, such sign shall be retained by the Municipality for a minimum three (3) months following its removal, unless reclaimed by the owner of the sign or the business advertised on the sign through payment of a $50.00 removal and impound fee to the City.

If, after three (3) months following removal and impounding of the sign, the owner of the sign or the business advertised on the sign has not reclaimed the sign, the Chief Building Official or designate may dispose of such sign in any manner the Chief Building Official or designate sees fit, and no compensation shall be payable by the Municipality to the owner of the sign or the business advertised on the sign.

For purposes of this By-Law, the City's Superintendent of Public Works shall be deemed a designate of the Chief Building Official with respect to the removal and impounding of signs located on municipal property or on municipal facilities in contravention of the provisions of this By·Law.

Offences

Every person who:

  • knowingly furnishes false information in any application for a sign permit or any documents or plans accompanying such application for a permit under this By-Law;
  • fails to comply with any order, notice, direction or other requirement given in accordance with or pursuant to this By·Law; or
  • contravenes any provision of this By-Law;

is guilty of an offence and shall be liable upon conviction to the penalties prescribed by the Provincial Offences Act, R.S.O. 1990, Chapter P.33 or any legislation passed in succession thereto.

Each day in which a contravention of this By·Law is continued or permitted to continue shall constitute a separate offence and shall be punishable as such hereunder.

Minor Variances

Where a person cannot comply with the provisions of this By-Law, application may be made to the Council of the Corporation of the City of Belleville for a minor variance to the provisions of this By-Law.

Application to Council for a variance shall clearly set out why the provisions of the By-Law can not be met and shall be accompanied by a fee in the amount of $250.00, which fee shall be non-refundable.

Notwithstanding the foregoing, no fee shall be payable respecting:

  • any application to permit a Sandwich Board sign on a street outside the area set out in Schedule 'A', or
  • any application to erect a banner over a street in the area set out in Schedule 'A' hereto.

Council may, upon receipt of an application for a minor variance from the provisions of this By-Law, authorize such minor variances as may be requested provided in the opinion of the Council the general intent and purpose of this By·Law are maintained.

Council may delegate its authority to approve minor variances to this By-Law as permitted by law.

Additional Provisions for Signs on and over Streets

Signs and marquees permitted by this By·Law to project over or to be located on a street are permitted at the pleasure of the Municipality, and the Council of the Corporation of the City of Belleville reserves the right to amend this By-Law to prohibit such encroachments, whereupon such encroachments shall be removed.

The Municipality reserves the right to require that an owner of a sign or marquee that projects over or is located on a street to enter into an encroachment agreement with the Municipality and provide any liability insurance to the Municipality as it may require.

Validity

If any section, clause or provision of this By-Law is for any reason declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-Law as a whole or any part thereof other than the section, clause or provision so declared to be invalid, and it is hereby declared to be the intention of this By-Law that all the remaining sections, clauses or provisions of this By-Law shall remain in full force and effect until rescinded, notwithstanding that one or more provisions thereof may be declared to be invalid.

Rescind

By-Law Number 8409 adopted by The Corporation of the City of Belleville in 1967, By-Law Number 11786 adopted by The Corporation of the City of Belleville in 1985, By-Law Number 13845 adopted by The Corporation of the City of Belleville in 1995, and By-Law Number 3093-94 adopted by the former Corporation of the Township of Sidney in 1994, and all amendments thereto, are hereby repealed.

Effective Date 

This By-Law shall come into force and take effect immediately upon its final passing thereof.

Passed on March 27, 2006.

The Traffic By-law outlines rules for vehicle movement, parking, stopping, traffic controls and related enforcement.

Those interested in submitting a traffic request or concern can learn more about the process on our Traffic Control and Safety webpage.

By-law 12967 – A By-law to Regulate Traffic in the City of Belleville

Part I – Definitions and Interpretation
Definitions

In this by-law:

"Authorized Sign" means any sign or roadway, curb or sidewalk markings or other devices placed or erected on a highway under the authority of this By-Law for the purpose of regulatory, warning or guiding traffic.

"Bicycle" includes, in addition to a bicycle, a tricycle and a unicycle, but does not include a motor assisted bicycle.

"Bicycle Path" means a surfaced path for the use of bicycles marked as such by a sign or bicycle emblem.

"Boulevard" shall be construed to mean the portion of every highway within the limits of the City of Belleville, which is not used as a sidewalk, a roadway or a roadway shoulder.

"Bus Stop" means a part of a highway designated by suitable markings and/or signs where buses stop to take on and discharge passengers.

"Chief of Police" means the Chief of Police of The Corporation.

"Coin" means a legal coin of Canada, or the United States of America.

"Commercial Motor Vehicle" means any motor vehicle having permanently attached thereto a truck or delivery body and includes ambulances, hearses, casket wagons, fire apparatus, police patrols, motor buses and tractors used for hauling purposes on the highways, and any vehicle bearing commercial licence plates.

"Control Gate" shall mean an automatically operated gate device used for the purposes of controlling and regulating the parking of any vehicle on a municipal parking lot.

"Corner" means the point of intersection of curbs or edges on the portion of the highway used for vehicular traffic.

"Corporation" means The Corporation of the City of Belleville.

"Council" shall mean the Council of the Corporation.

"Crosswalk" means:

  • that part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the roadway, or;
  • any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by signs or by lines or other markings on the surface.

"Curb" means where a curb is constructed, the line thereof; where no curb is constructed it shall be construed to mean the edge of the roadway.

"Designated Bicycle Lane” means that portion of a roadway which has been designated by a Traffic Control Device for the exclusive use of Bicycles.

"Designated Fire Route" means a fire route designated by the Chief of the Fire Department of the Corporation.

"Designated Handicapped Parking" means a parking space marked by a sign indicating such space is to be for the sole use of vehicles operated by or conveying physically handicapped persons and for which a permit has been issued pursuant to the provisions of the Highway Traffic Act and the regulations thereof.

"Double Parking" as applied to a vehicle shall mean to allow that vehicle to remain stationary on the same side of the highway along side and parallel with or nearby parallel to another vehicle already parked or standing or stopped at the curb of such highway, except in obedience to traffic regulations, signs or signals.

"Driver" means a person who drives a vehicle on a highway.

"Fire Chief" means the Chief of the Fire Department of the Corporation.

"Fire Department" means the Fire Department of the Corporation.

"Fire Route" means any road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot and which Fire Route has been established as a Fire Access Route in accordance with By-law Number 9457. 

“Heavy Truck” means a commercial vehicle having a weight when unloaded of three tonnes or more, or, when loaded, of five tonnes or more, and includes a school bus longer than 8 metres and road building machinery, but does not include a passenger vehicle, an ambulance, any vehicle of a police or fire department, vehicles actually engaged in works undertaken for or on behalf of the Corporation, Public Utility, emergency vehicles or any bus operated by the City for a public transportation system.

“Heavy Traffic” means the use of a highway by a vehicle, object or contrivance having a weight when unloaded of three tonnes or more or when loaded of five tonnes or more.

"Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

"Highway - Curbed" includes those highways or streets which have a definite demarcation between the edge of the travelled roadway and the boulevard area of the street formed by either a concrete curb, gutter, curb and gutter combination or combined curb and sidewalk. These streets will have no gravel shoulder between the edge of travelled roadway and the demarcation and the demarcation is used to channelize drainage along the edge of the travelled roadway.

"Holiday" includes Sunday, New Year's Day, Good Friday, Easter Monday, Christmas Day, the first Monday in August, Labour Day, the second Monday in October, Remembrance Day, any day appointed by proclamation of the Governor General or the Lieutenant Governor as a public holiday or for a general fast or thanksgiving, and a day proclaimed by the Head of Council of the Corporation as a Civic Holiday.

"Intersection" means that area embraced within the prolongation or connection of the lateral curb lines, or if none, then of the lateral boundary lines of two or more highways that join one another at an angle whether or not one highway crosses the other.

"Laneway" means improved land adjacent to the highway, which provides access from the highway to a parking area, or adjacent land.

"Loading Zone" means a part of a highway designated by suitable markings and/or signs where commercial motor vehicles may be loaded or unloaded.

"Local Board" means a local board as defined in the Municipal Affairs Act.

"Motor Assisted Bicycle" means a bicycle:

  • that is fitted with pedals that are operable at all times to propel the bicycle.
  • that weighs not more than fifty-five kilograms.
  • that has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel.
  • that has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres.
  • that does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of two kilometres from a standing start.

"Motorcycle" means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle.

"Motor Vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this By-Law, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road building machine.

"Municipal or Private Property" means any open area or portion of a structure, other than a street or highway, intended for the temporary parking of vehicles and on which there are parking spaces, whether their use involves the payment of a fee or otherwise.

"Municipal Parking Lot" means any property of the Corporation or property privately owned but under the control of the Corporation that:

  • is operated by the Corporation as a municipal parking lot.
  • bears signs identifying the lot as a public or private parking lot, indicated the hours of operation of the lot, and the rates for parking motor vehicles.
  • is controlled and regulated by:
    • the installation of parking meters;
    • parking attendants, or;
    • the issuance of a permit.

"Occupant" means:

  • the tenant of the property or part thereof whose consent shall extend only to the control of the land of which he or she is tenant and any parking spaces allotted to him or her under his or her tenancy agreement.
  • the spouse of a tenant.
  • a person or a municipality, or a local board thereof, having an interest in the property under an easement or right-of-way granted to or expropriated by the person, municipality or local board whose consent shall extend only to the part of the property that is subject to the easement or right-of-way.
  • a person authorized in writing by an occupant as defined in Subsections (35) (a), (b) or (c) to act on the occupant's behalf for requesting the enforcement of this Section of the By-Law.

"Official Sign" means any sign placed or erected on a highway or other device placed or erected on a fire route or on a municipal or private parking area and approved by the Corporation.

"One-Way Street" means a highway upon which vehicular traffic is limited to movement in one direction.

"Operator" shall mean any person who drives or operates or who has care and control of a vehicle upon a highway.

"Owner" when used in relation to property means:

  • the registered owner of the property.
  • the registered owner of a condominium unit, whose consent shall extend only to the control of the unit of which he or she is owner and any parking spaces allotted to him or her by the Condominium Corporation reserved for his or her exclusive use in the declaration or description of the property.
  • the spouse of a person described in Subsections (39) (a) and (b) hereof.
  • where the property is included in a description registered under the Condominium Act, the Board of Directors of the Condominium Corporation.
  • a person authorized in writing by the property owner as defined in Subsections (39) (a), (b), (c) or (d) hereof to act on the owner's behalf for requesting the enforcement of Part III of this By-Law.

"Park" or "Parking" when prohibited means the standing of a vehicle whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

"Parking Area" means an area to which the public has access whether for payment of a fee or otherwise.

"Parking Meter" means an automatic, electronic or other mechanical device used for the purpose of controlling and regulating the parking of any vehicle in a parking space and measuring and recording the duration of such parking and shall include, but not be limited to a "pay and display machine" in which a ticket is issued which allows a period for parking in a municipal parking lot and which ticket must be displayed with the time of expiry clearly visible from the outside of the vehicle on the operator's side of the front dash on the inside of the parked vehicle.

"Parking Meter Cover" means a hood, bag or other covering for a parking meter that is placed over a parking meter that is authorized by a Police Officer, the City Engineer or the City Clerk to indicate that a parking meter space is reserved or not to be used.

"Parking Meter Zone" means the streets or parking lots or parts of streets or parking lots designated by this By-Law where parking is controlled by one or more parking meter(s).

"Parking Space" means a portion of a highway or a municipal or private parking lot that is designated for the parking of a vehicle by suitable markings.

"Pedestrian" means a person on foot or an invalid, child or other person in a wheeled chair or baby carriage.

"Pedestrian Crossover" means any portion of a roadway designated by this By-Law, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by the regulations within the Highway Traffic Act.

"Permit" means a permit issued to the owner or operator of a motor vehicle with respect to such motor vehicle and includes a disabled person parking permit issued under the Highway Traffic Act.

"Police Officer" means a member of the Police Service of the Corporation or a person appointed by By-Law of the Council of the Corporation as a "Municipal By-Law Enforcement Officer" for the purposes of enforcing this By-Law.

"Private Property" means a private road or driveway, or property clearly marked as private property by fences or by a legible sign or signs erected by or on behalf of the owner, indicating that it is private property or prohibiting trespassing or parking or words to like effect.

"Private Roadway" means any private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot.

"Property Owned by the Corporation of the City of Belleville or Any Local Board" means all such property, excluding a highway defined by the Highway Traffic Act, which is clearly marked by a legible sign or signs prohibiting parking thereon.

"Roadway" means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder and, where a highway includes two or more separate roadways, the term "ROADWAY" refers to any one roadway separately and not to all of the roadways collectively.

"Roadway Laned" means a highway, which has been divided into separate lanes for vehicular traffic, which lanes are indicated by lines or other markings on the surface of the roadway or in any other manner.

"Roundabout” means a form of intersection that accommodates traffic flows in a counterclockwise circular direction around a central island.

"School Crossing" means any portion of a roadway, at an intersection or elsewhere, distinctly indicated for school children crossing by signs on the highway and lines on the surface of the roadway.

"Set Fines" means the fine for parking infractions pursuant to the Provincial Offences Act, Part II, as set by the Regional Senior Judge Ontario Court (Provincial Division).

"Sidewalk" means that portion of a highway between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians. "SIDEWALK" shall also include a public walkway and/or footpath designed for and intended to be used by the public for the passage of pedestrians and which is maintained by the Corporation.

"Skateboard" means a platform with rollers or wheels used by a person or persons for transportation or play.

"Stand" or "Standing" when prohibited means the halting of a vehicle whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise.

"Stop" or "Stopping" when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a Constable or other Police Officer or a traffic control sign or signal.

"Through Highway" means any highway or part of a highway so designated by this By-Law.

"Ticket Dispenser" means a device, which dispenses a ticket to a motor vehicle entering a municipal parking lot, which ticket is stamped with the time of the said entry.

"Traffic Control Device" means any sign, parking meter, or roadway, curb or sidewalk marking or other device erected or placed under the authority of this By-Law for the purpose of marking, regulating, guiding or directing traffic.

"Traffic Control Signal" means any device operated manually, electrically or mechanically for the regulation or control of traffic.

"U Turn" means to turn a vehicle within a roadway so as to proceed in the opposite direction to that in which the vehicle was travelling immediately prior to making the turn.

"Vehicle" includes a motor vehicle, bicycle, motor assisted bicycle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle, a street car or the cars of electric or steam railways running on rails.

"Belleville Transit Terminal - Driving Prohibited" means the property located at 165 Pinnacle Street which is used as a transit terminal for the loading and unloading of passengers for the City of Belleville buses and Trentway-Wagar buses.

“Street Line” means the dividing property line between right of way and adjacent lots.

Interpretation – General

In this By-Law:

  • words importing the singular number of the masculine gender only include more persons, parties or things of the same kind than one, and females as well as males and the converse.
  • a word interpreted in the singular number has a corresponding meaning when used in the plural.
  • "may" shall be construed as permissive.
  • "shall" shall be construed as imperative.

Abbreviations: In the Schedules to this By-Law the following abbreviations, definitions and symbols stand for the words respectively set forth opposite thereto as follows:

  • Ave. - Avenue
  • Blvd. - Boulevard
  • Pl. - Place
  • St. - Street
  • Sq. - Square
  • Cres. - Crescent
  • Ct. - Court
  • m. - metre
  • mm. - millimetre
  • cm. - centimetre
  • km. - kilometre
  • km/hr. - kilometre per hour
  • N. - North
  • S. - South
  • E. - East
  • W. - West
  • A.M.(a.m.) - Ante Meridian
  • P.M.(p.m.) - Post Meridian

Distances: Where a distance is used in this By-Law as part of a prohibition of parking or stopping within a specified distance of an object, structure, land or a part of a highway, such distance shall be measured:

  • from the projection of the nearest curb line or edge of roadway in the direction stated unless it is specifically stated otherwise.
  • along the curb or edge of the roadway from a point in such curb or edge of roadway opposite such object, structure, land or part of a highway, unless the context otherwise requires.
  • from such objects, structure, land, or part of a highway in all directions.
  • all distances/dimensions are measured in the metric measurement of metres or as otherwise indicated.

Cumulative Effect: The various prohibitions of this By-Law are cumulative and not mutually self-exclusive.

Severability: It is declared that if any Section, Subsection or Part of Parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such Part or Parts shall be deemed to be severable and all Parts hereof are declared to be separate and independent and enacted as such.

Administration: The Police Service for the Corporation, Provincial Offences Officers and Municipal By-Law Enforcement Officers shall enforce the provisions of this By-Law. Every person shall promptly obey all signals given either by a Police Officer or by a traffic control device or traffic signal.

Application of By-Law: This By-Law applies to all highways under the jurisdiction of the Corporation and is subject to the provisions of the Highway Traffic Act, R.S.O. 1990, Chapter H.8 and amendments thereto.

Schedules Adopted: The Schedules referred to in this By-Law shall form part of this By-Law and each entry in a Column of such Schedule shall be read in conjunction with the entry or entries across therefrom and not otherwise.

Signs: The City Engineer is hereby authorized to place or erect and to maintain such signs as may be necessary to give effect to the provisions of this By-Law or as are required to warn or guide traffic for the safety or convenience of the public. No person shall willfully move, alter, deface or otherwise interfere with any traffic control device erected or placed pursuant to the provisions of this By-Law. City Engineer and/or Chief of Police are hereby given authority as the occasion arises and when required in order to assist in the care of moving traffic; to set apart and indicate or designate on highways in the City space or spaces for the parking of a vehicle or vehicles by causing lines to be painted, signs to be erected or otherwise upon the pavement, curbs or surface of the roadway or immediately adjacent thereto, or on the highway or highways or portions of highways as a temporary providion for the restriction of parking on highways or portions of highways and to make such other temporary provision for directing traffic as may be necessary. Yellow paint applied to a curb is hereby declared to be an authorized sign indicating that parking is prohibited where the curb is so marked.

Conflicting Private Signs: No person shall place, maintain or display any sign, signal, marking or device upon or which is visible from any highway which:

  • conceals a traffic control device, traffic signal or parking meter from view.
  • interferes with the effectiveness of a traffic control device, traffic control signal or parking meter.
  • purports to be or is an imitation of or resembles any official or authorized sign, traffic control signal or traffic control device.

Freshly Painted Lines on Roadway: No person shall willfully drive any vehicle over any marking on the roadway where markers are in place to indicate that the marking material has been freshly applied nor shall any person drive into or over any marker so placed.

Standard Time and Daylight Saving Time: Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be Standard Time, provided however, if what is known as "Daylight Saving Time" has been generally adopted in the municipality for any period of the year, under any Statute, Order-In-Council, By-Law, Resolution or Proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this By-Law.

Parking During Emergencies and Special Events: Notwithstanding any other provisions of this By-Law to the contrary, in case of fire, a parade, an assembly of persons, a congestion of traffic, a construction project or an emergency, parking may be restricted or prohibited by the Mayor, the City Engineer or his authorized representative of the Chief of Police acting through Police Officers, and no person shall park a vehicle in contravention of such restrictions or prohibition. For the purpose of this Section, "emergency" includes a snowfall or other act of God, which hinders, restricts or prohibits movement of vehicles or pedestrians on a highway. The declaration of an emergency and the parking restrictions or prohibitions shall be effected by a systematic broadcast on local radio and television stations in the City of Belleville and such broadcast shall be deemed to be sufficient notification of the restrictions or prohibition then in effect.

That By-Law Number 12145, as amended, and all other By-Laws or parts thereof inconsistent herewith are hereby rescinded.

This By-Law shall not become operative until approved by the Ministry of Transportation of Ontario.

Pedestrian Crossovers: The portion of the roadways set out in Column 1 of Schedule "A" to this By-Law at the location set out in Column 2 of the said Schedule are designated as pedestrian crossovers and shall be indicated as such as prescribed by the Highway Traffic Act and regulations made thereunder and when such pedestrian crossover signs are erected drivers of motor vehicles and pedestrians shall comply with the requirements of the Highway Traffic Act relating to pedestrian crossovers.

Part II – Driving and Related Rules General

(It being fully understood that this legislation is already contained within the provisions of the Highway Traffic Act and enforceable under the Highway Traffic Act by the Belleville Police Service and that this By-Law does not in any way supercede the said Highway traffic Act.)

Obedience to Police Officers, Traffic Signs and Traffic Control Signals

Notwithstanding any provisions of this By-Law every person shall promptly obey all signals given by a traffic control signal, traffic control device or traffic sign and all directions given by a Police Officer having jurisdiction over the regulation of traffic on a highway and nothing in this By-Law shall affect the powers to regulate traffic held by the Board of Commissioners of Police.

Funeral and Other Processions

No person shall, except under the direction of a Police Officer, drive or operate a vehicle on a highway between vehicles comprising a funeral cortege or other procession recognizable as such by the display of pennants or other identifying insignia while the vehicles in such procession are in motion.

No person shall drive a vehicle in a funeral cortege or other procession on a highway except as near to the right hand edge of the roadway as practicable and follow the vehicle ahead as close as is practicable and safe.

Parades

No parade of vehicles or persons or both shall be held on any highway unless and until the route and time of such parade has been approved by City Council.

Starting, Stopping Vehicles

Every person in charge of a vehicle before starting, stopping or turning or changing its course shall take the necessary precaution to make such movement in safety and without interfering with other traffic.

"U" Turns

No driver of a vehicle shall make a "U" Turn upon any highway unless it can be made in safety and without interfering with other traffic.

Vehicles on Sidewalks

No person shall keep or leave standing, use or propel any vehicles along or upon any sidewalk except for the purpose of crossing such sidewalk to enter a driveway, provided that this Section shall not apply to vehicles used for the carriage of small children or invalids and provided that persons twelve (12) years of age and under may operate a vehicle on all sidewalks, save and except upon the sidewalk of the following streets:

  • Front Street - Dundas Street to Station Street.
  • Footbridge - Between Coleman Street and Front Street
  • Pinnacle Street - Dundas Street to Station Street.
  • Coleman Street - Dundas Street to Moira Street.
  • Dundas Street - Coleman Street to George Street
  • Market Street - Pinnacle Street to Front Street.
  • McAnnany Street - Pinnacle Street to Front Street.
  • Bridge Street - Pinnacle Street to Coleman Street.
  • Campbell Street - Pinnacle Street to Front Street.
  • Victoria Avenue - Pinnacle Street to Front Street.
Emerging from Lanes

The driver or operator of a vehicle emerging from a driveway, laneway, lot, building or bus loop onto a highway shall bring the vehicle to a full stop immediately before driving onto a sidewalk or footpath, and upon proceeding shall yield the right-of-way to pedestrians upon the sidewalk or footpath.

Barricaded Highways

No person shall drive, operate or park a vehicle or permit a vehicle to remain parked on any part of any highway barricaded and marked by signs showing that its use for the time is prohibited or restricted.

Coasting on Roadways

No person shall coast, whether on a sleigh, skateboard, cart, express wagon or toboggan on a roadway unless authorized by special permission of City Council.

Racing Prohibited

No person shall drive a vehicle or bicycle on a highway in a race or on a bet or wager unless authorized by special permission of City Council.

Vehicles Obstructing Traffic

No person shall drive or place a vehicle or permit a vehicle to be driven or placed on a highway in such a manner as to obstruct traffic.

Direction of Traffic

When in the opinion of a Police Officer, it is necessary for the preservation of public order and safety of the movement of traffic, he shall direct and control traffic and for such purposes shall divert, halt, restrain or direct the movement of traffic while such necessity exists and every person shall promptly obey his directions.

Exemption - Municipal Vehicles Performing Work on Highways

The provisions or Part II, Sections 5, 6, 8, 11, 18, 19, Part Ill of this By-Law do not apply to vehicles of the Corporation while such vehicles are engaged in the performance of cleaning, clearing, maintenance, repair, construction or other work on any highway.

Emergency Vehicles - Exemption

Part II, Sections 2, 5, 6, 7, 8, 11, 18, 19, Part Ill of this By-Law shall not, in the case of emergency, apply to ambulances or police, fire or emergency measures department vehicles.

Emergency Signs

The Chief of Police, or the Acting Chief of Police, in his absence, may erect temporary "no parking" or "no stopping" signs for a period not to exceed 30 days in the case of a special event, emergencies or a situation which may arise from time to time, and that anyone disobeying these signs shall be subject to the normal penalties provided in this By-Law.

Bicycle Safety Regulations

Bicycle drivers are subject to all rules of the road, including the offence of careless driving, plus those Sections of the Highway Traffic Act which pertain specifically to bicycles such as:

Equipment: lights and reflective material on forks, brakes, horn, gong or alarm bell.

Rules of the Road: riding on pedestrian crossovers prohibited, bicycle being over taken, bicycle driver clinging to vehicle, two riding on bicycle designated for one person.

Exemption – Agricultural Vehicles

The provisions of Part VI, Section 1 of this By-law do not apply to vehicles engaged in agricultural activities.

Designated Bicycle Lanes

Designated Bicycle Lanes are hereto established as set out in Schedule "Z-5".

Where a Designated Bicycle Lane set out in Schedule "Z-5" is marked by a Traffic Control Device, no pedestrian shall travel in or otherwise occupy or obstruct the Designated Bicycle Lane and no person shall operate a vehicle other than a Bicycle in any portion of the Designated Bicycle Lane, except for the purpose of:

  • ingress to or egress from a private lane or driveway adjacent to the Bicycle Lane;
  • making a turn at a Highway intersecting the Bicycle Lane;
  • entering or exiting a curb lane used for Parking;
  • actually loading or unloading merchandise or passengers where such activity is otherwise permitted.
Roundabouts

Roundabouts are hereto established as set out in Schedule “Z-6”.

Where a roundabout set out in Schedule “Z-6” is marked by a Traffic Control Device, all traffic must travel in a counterclockwise direction, and all traffic entering the roundabout must yield to traffic within the roundabout.

Part III – Parking and Stopping
Parking – General

No person shall park or stop any vehicle on any highway or portion thereof except as follows:

  • where there is a raised curb, on the right hand side of the roadway, having regard to the direction such vehicle was proceeding, not including a roundabout, with its right front and rear wheels parallel to and not more than 30 centimetres out from such curb.
  • where there is no curb or a rolled curb, on the right hand side of the roadway, having regard to the direction such vehicle was proceeding, with the right front and rear wheels parallel to and as near to the right hand limit of the highway as is practicable without stopping or parking over a sidewalk or footpath or over any part of the highway where grass is grown or which is not intended for the use of vehicles.
  • where angle parking is permitted on a highway, no person shall stop or park any vehicle except at an angle of 45 degrees from the curb or boundary of the roadway with the front end of the vehicle at such curb or boundary, or where it is not practical to park at an angle of 45 degrees at such angle as designated by lines painted on the roadway.
  • where angle parking spaces are designated by lines painted on the roadway, no person shall stop or park any vehicle except within an area designated as a parking space.
  • Where parking is permitted on the left hand side of a highway designated for one-way traffic, no person shall park or stop any vehicle on the left hand side of the highway or portion thereof except as follows:
  • where there is a raised curb, on the roadway, having regard to the direction such vehicle was proceeding, with its left front and rear wheels parallel to and not more than 30 centimetres out from such curb.
  • where there is no curb or rolled curb, having regard to the direction such vehicle was proceeding, with the left front and rear wheels parallel to and as near to the left hand limit of the highway as is practicable without stopping or parking over a sidewalk or footpath or over any part of the highway where grass is grown or which is not intended for the use of vehicles.

No person shall on any highway stop any vehicle:

  • on or over a sidewalk or footpath.
  • opposite, in front of or within 0.5 metres of a driveway or laneway so as to obstruct vehicles in the use
  • of a driveway or laneway.
  • within an intersection, including a roundabout, or crosswalk.
  • within 3 metres of a point on a curb or the edge of the roadway opposite any fire hydrant.
  • on a crosswalk, pedestrian crossover or within 9 metres of a pedestrian crossover.
  • within 9 metres of a crosswalk or within 9 metres of a crosswalk at an intersection.
  • on any bridge, or underpass and/or any approach thereto.
  • on any street in any manner so as to obstruct traffic or the clearing of snow.
  • in such a position as will prevent the convenient removal of any other vehicle previously parked or standing.
  • within 2 metres on the same side of the highway directly in front of the entrance to a Church, hospital, hotel, theatre, hall or other public building where large numbers of people assemble, except while actually taking on or discharging passengers, other than a bus in a bus stop or other than a taxicab in a taxicab stand, when such stop or stand has been officially designated and appropriately signed.
  • within 15 metres of the nearest rail of a level railway crossing.
  • within 15 metres of a roundabout or an intersection with Signal Light Traffic Control System installed.
  • within 9 metres of the intersection street lines on all approaches and on both sides of each approach on a stop street.
  • within 9 metres of any Fire Hall on the side of the highway on which the Fire Hall is located or within 30 metres of such Fire Hall on the opposite side of the roadway.
  • in such a manner that it is double parked on any highway at any time.
  • except entirely within an area designated by lines painted on a highway as a parking space.
  • within a "t-type" intersection.

Parking Prohibited at Specified Times and Places:

When properly worded signs have been erected and are on display indicating no parking at specified times on the side or sides of a highway adjacent to any school property, no person shall park a vehicle in any such designated place or places during such specified times.

When properly worded signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways set out in Column 1 of Schedule "B" attached hereto, on the side or sides of the highways set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule during the period set out in Column 4 of the said Schedule.

When properly worded signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways set out in Column 1 of Schedule "C" hereto attached, on the side or sides of the highways as set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule, during the times or dates set out in Column 4 of the said Schedule for a longer period of time than one hundred and twenty (120) consecutive minutes.

When properly worded signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways set out in Column 1 of Schedule "D" hereto attached, on the side or sides of the highways as set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule, during the times or dates set out in Column 4 of the said Schedule for a longer period of time than fifteen (15) consecutive minutes.

When properly worded signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways set out in Column 1 of Schedule "E" hereto attached, on the side or sides of the highways as set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule, during the times or dates set out in Column 4 of the said Schedule for a longer period of time than ten (10) consecutive minutes.

When properly worded signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways set out in Column 1 of Schedule "F" hereto attached, on the side or sides of the highways as set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule, during the times or dates set out in Column 4 of the said Schedule for a longer period of time than thirty (30) consecutive minutes.

When properly worded signs have been erected and are on display, no person shall park a vehicle on any of the highways or parts of highways set out in Column 1 of Schedule "G" hereto attached, on the side or sides of the highways as set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule, during the times or dates set out in Column 4 of the said Schedule for a longer period of time than one (1) hour.

The area described in Schedule "H" hereto is hereby designated as reserved parking space for the use of Police vehicles.

When properly worded signs have been erected and are on display, no person or persons shall park a vehicle other than an official Police vehicle in any parking space set out in the said Schedule "H".

The area described in Schedule "Z-2" hereto are hereby designated as areas restricted to parallel parking only.

When properly worded signs have been erected and are on display, no person shall park a vehicle in a manner other than parallel in any location set out on said SCHEDULE "Z-2".
The area described in Schedule "Z-4" hereto is hereby designated as parking area for the Mayor and Councillors of the City of Belleville.

When properly worded signs have been erected and are on display, no person shall park a vehicle other than the Mayor's or Councillors' vehicles, in any parking area set out in Schedule "Z-4".

Overnight Parking Prohibition:

No person shall park a vehicle on any of the highways in the City of Belleville (Belleville Ward and Thurlow Ward) between the hours of 1:00 am and 6:00 am.

Notwithstanding Subsection (a) above, and subject to the other provisions of this By-Law, vehicles may be parked between the hours of 1:00 a.m. and 6:00 a.m. on highways other than curbed highways during the period April 15th to and including November 1st each year.

No person shall park a vehicle on any of the highways in the City of Belleville (Belleville Ward and Thurlow Ward) for a greater period of time than twelve (12) consecutive hours.

Except in accordance with a Traffic Control Device or when necessary to avoid conflict with other Traffic or in compliance with the directions of a Police Officer, no person shall Park any portion of a vehicle, including a bicycle, in a Designated Bicycle Lane.

Parking Meter Zones

The highways, parts of highways and other areas described in Schedule "J" hereto are designated as parking meter zones.

The Corporation hereby authorizes the erection, maintenance and operation of parking meters on the highways at the sides and between the limits set out respectively in Columns 1, 2 and 3 of Schedule "J" to this By-Law for the purpose of controlling and regulating parking during the days and/or hours set out herein and the Corporation shall designate parking meter spaces in connection with such meters.

Parking lots or parts of parking lots that are set out in Schedule "J-1" hereto are designated as parking meter zones and may include a pay and display machine.

The Corporation hereby authorizes the erection, maintenance and operation of parking meters on the highways at the sides and between the limits set out respectively in Columns 1, 2, 3 and 4 of Schedule "J-l" to this By-Law for the purpose of controlling and regulating parking during the days and/or hours set out herein and the Corporation shall designate parking meter spaces in connection with such meters.

No driver of a vehicle shall park such vehicle in a parking meter zone between the hours of 9:00 o’clock in the forenoon and 5:00 o’clock in the afternoon on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, other than in a parking space, unless such driver deposits in the parking meter provided for the parking space, coins in the denomination and amount as set out in Schedule “J” and Schedule “J-1”, and shown on the said parking meter. This subsection shall not apply to New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, or any other day declared as a holiday by the Government of Canada or the Government of the Province of Ontario or the Corporation.

No driver of a vehicle shall allow such vehicle to remain parked for a longer period than that for which payment has been made in the form of coins deposited in the parking meter or meters in accordance with the rate indicated on the parking meters of the said Schedule "J" and Schedule "J-1", provided however, that this shall not prevent the driver of a vehicle from using the unexpired time remaining in the meter from its previous use without depositing a coin therein.

The driver of a vehicle who allows such vehicle to remain parked for a longer period than that for which payment has been made as aforesaid commits a separate and distinct offence for every hour or part thereof in excess of the first hour after the time at which the offence is alleged to have been committed during which he permits the vehicle to remain so parked.

Manner of Parking at Meter:

No driver of a vehicle shall park such vehicle in a parking meter zone in such a manner that it is not wholly within an area designated as a parking space. Any person who parks any vehicle in any space other than in a parking space designated by lines or markings upon the surface of the street or parking lot shall be deemed to have committed an offence pursuant to the By-Law.

Where a pay and display parking meter has been installed and parking spaces designated for these machines under the authority of the By-Law in any municipal parking lot, no person shall park a vehicle on the municipal parking lot without obtaining a ticket from the pay and display machine and every ticket received from the pay and display machine shall be placed on the dashboard inside the vehicle on the driver's side in such a manner that the time of expiry of the ticket is clearly visible outside the vehicle.

No driver of a vehicle shall allow such vehicle to remain parked for a period longer than the maximum period of time displayed on a ticket received from a pay and display machine.

If a vehicle is of such length as to prevent it being parked within one (1) parking space, the person parking the same shall make the necessary deposit of coins in the parking meter for the adjoining parking space.

In the case of motorcycles, more than one may be parked in a parking space.

Pursuant to the provisions of By-Law Number 12991, A By-Law to Provide for Establishing, Maintaining and Regulating the Market Place in the City of Belleville, and metered parking space which is not occupied by a Market Vendor prior to 9:00 am on Tuesdays, Thursdays and Saturdays shall revert to public metered parking spaces and Market Vendors shall not impede their use.

Acceptable Coins:

No person shall deposit in any parking meter:

  • any slug, device or other substitute for lawful coinage of the Dominion of Canada or the United States of America.
  • any coin except a coinage of the Dominion of Canada or the United States of America, which the meter is designed to accommodate.

Inoperative Meters:

No person shall park a vehicle or permit a vehicle to remain parked in a parking meter space if:

  • the parking meter has been covered by a parking meter cover.
  • the parking meter has been removed from its standard.
  • notwithstanding (a) above, only an authorized person shall park a vehicle or permit a vehicle to remain parked in a parking meter space where the meter has been covered or removed to indicate reserved parking.

Violation and Time Expired Signal Effect:

For the purposes of Subsection 2 (3) the fact that a parking meter governing a parking space indicates that a vehicle is unlawfully parked is prima facie evidence that such vehicle is unlawfully parked.

Damage to Meter Offence: 

No person shall damage, deface, injure, tamper with, break or destroy any parking meter or part thereof or otherwise impair its full usefulness.

Parking Permits:

Subsection 2 (5) shall not apply to a vehicle if the owner of such vehicle has made application to and obtained the approval of the Corporation for a parking permit and has been issued such a permit. All such permits may be for a designated parking meter zone or zones, and shall expire at the end of the current month or on the 31st day of December in the year in which they are issued, as indicated thereon.

Stopping:

When properly worded signs have been erected and are on display, no person shall stop a vehicle on any of the highways or parts of highways described in Column 1 of Schedule "K" hereto on the side or sides of the highways set out in Column 2 of the said Schedule between the points on the said highway or highways set out in Column 3 of the said Schedule during the period set out in Column 4 of the said Schedule.

Repairing Vehicles on Public Streets:

No person shall park or stop a vehicle on any public street or public place within the Corporation, for the purpose of repairing such vehicle (except for emergency repairs) or to install equipment of any type including radio antenna in any motor vehicle, or to wreck any motor vehicle.

Parking of Vehicles on Municipal Parking Lots

No person shall park or leave any motor vehicle on private property without the consent of the owner or occupant of such property.

No person shall park or leave a motor vehicle on property owned or occupied by the Corporation or any local board thereof without the consent of the Corporation or local board, as the case may be.

Where the owner or occupant of property affected by this Section has posted signs stating conditions on which a motor vehicle may be parked or left on the property or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such posted conditions or prohibition shall be deemed to have been parked or left on the property without the owner's or occupant's consent.

Parking of Vehicles on Municipal Parking Lots

The lands acquired or established for the parking of vehicles and any buildings and structures acquired or erected for or in connection with the parking of vehicles thereon shall be deemed to be a municipal parking lot and designated as municipal parking lots under the names set out in Schedule "J-2" to this By-Law and operating during the times and days as set out in Columns 3 and 4 of said Schedule.

The parking rates for municipal parking lots shall be the rates as approved by the Corporation.

No person shall park a vehicle on any City operated parking lot for longer than the posted maximum time limit and unless otherwise posted, the maximum time for a vehicle to be parked on any City operated parking lot will be 24 hours. Any vehicle parking for more than the maximum permitted time limit may be towed from the lot at the owner’s expense.

The driver of every vehicle parking in any parking space on any attendant operated parking lot shall pay the parking rate established by the Corporation.

The attendant at each lot shall, at the time of receiving each motor vehicle, give or cause to be given to the person from whom the motor vehicle is received, a numbered receipt showing the time the vehicle was received.

The owner, as well as the driver of a motor vehicle, shall incur the penalties provided, for violation of this By-Law, unless at the time of the violation the motor vehicle was without the owner's consent in the possession of some person other than the owner.

No person shall park any vehicle or part thereof in a "no parking" area on any parking lot, or not in accordance with a ticket issued from a pay and display parking meter, such constituting unauthorized parking.

Any vehicle parked on any parking lot in contravention of this By-Law or any vehicle, which may present some hazard to persons or property, may be towed or otherwise removed from the parking lot or moved to some other location on the parking lot at the expense of the owner.

When a person has parked any vehicle or any part thereof in contravention of this By-Law, as amended, a Police Officer or Municipal By-Law Enforcement Officer so finding any such vehicle may attach to the vehicle a Parking Infraction Notice in the form outlined in the Provincial Offences Act.

A vehicle shall be considered prima facie illegally parked in any parking space in a ticket dispensing parking lot when the time limit on the prepayment ticket has expired.

No person shall park a vehicle in such a manner as to interfere with necessary civic services such as repairs, snowplowing or snow removal that is already in progress, nor park a vehicle at any place where signs have been placed indicating that snow removal or other civic operations are to be commenced. Notwithstanding Subsection 4 (3), no vehicle shall be parked between the hours of 5:00 pm and 7:00 am in a manner, which would interfere with snowplowing or snow removal.

Any vehicle and its contents parked in any attendant operated parking lot, parking meter lot or ticket dispensing parking lot shall remain at the risk of the owner, and the Corporation assumes no responsibility with respect thereto.

Manner of Parking - Parking Space:

No person shall park a motor vehicle or permit a motor vehicle to remain parked at a parking space on a municipal parking lot unless such motor vehicle is parked entirely within an area designated as a parking space.

Notwithstanding Subsection 4 (19) (a), where the motor vehicle is of such a length as to render it impossible to park it in one (1) space, the adjoining parking space or spaces may be used and the required additional fees shall be paid for all the spaces used by the motor vehicle.

No person shall park a motor vehicle or permit a motor vehicle to remain parked on a municipal parking lot in an area that is not designated as a parking space.

Manner of Parking - Meter: 

No person shall park a motor vehicle or permit a motor vehicle to remain parked in a parking meter space on a municipal parking lot unless the front or rear of the motor vehicle shall be opposite or as close as is practicable to the parking meter provided for such parking meter space.

Manner of Parking - Obstruction:

No person shall park a motor vehicle or permit a motor vehicle to remain parked on a municipal parking lot:

  • so as to obstruct a motor vehicle in the use of any aisle or laneway.
  • in such a position that will prevent the convenient removal of any other motor vehicle previously parked or standing.
  • so as to prevent or impede the ingress to or egress from a parking space.
  • in an area that is a pedestrian walkway.

Parking Prohibited with Signs:

No person shall park a motor vehicle or permit a motor vehicle to remain parked on a municipal parking lot where parking is by sign designated as an area in which parking is prohibited.

Signs may be erected on the parking lot notifying persons of the provisions set forth in Subsections 4 (2) and (3) of this By-Law. No person shall park or leave any motor vehicle on property of the Corporation where an area is by sign designated as reserved unless the area is reserved for such person or class of persons. No person shall park or leave any motor vehicle on property of the Corporation where parking is by sign regulated by time limits for a longer period of time than that set out on the sign.

No person shall park a motor vehicle or permit a motor vehicle to remain parked on a municipal parking lot in an area designated by sign as a loading bay except for the purpose of and while actually engaged in loading thereon or unloading therefrom freight or merchandise.

No person shall park a vehicle or permit a vehicle to remain parked in a Fire Route

Rate of Charge - Attended Lot:

The fees and charges fixed by the Corporation shall be paid prior to the motor vehicle being driven from the municipal parking lot.

Notwithstanding the provisions to the contrary, on occasion, the Corporation may provide “special event” rates for parking meters/parking lots upon application by the Belleville Business Improvement Area.

Rate of Charge - Parking Meters:

No person shall park a motor vehicle or permit a motor vehicle to remain parked in a parking meter space on a municipal parking lot during the times and days the lot is in operation as posted on the sign at the entrance of the lot and on each meter, unless:

  • the meter controlling such parking space is used.
  • a fee is deposited therein in accordance with the rate displayed on the meter rate card in each parking meter, as approved by the Corporation.
  • the meter is activated.
  • the meter indicates unexpired time paid for in accordance with the rate per hour.

Violation and Time Expired Signal - Effect

For the purposes of this Part, the fact that a parking meter governing a parking space indicates that a motor vehicle is unlawfully parked is prima facie evidence that such motor vehicle is unlawfully parked.

Covered Meters:

No person shall park a motor vehicle or permit a motor vehicle to remain parked in a parking meter space on a municipal parking lot if the parking meter has been covered.

Coins Acceptable:

No person shall deposit or cause to be deposited in any parking meter on a municipal parking lot:

  • any slug, device or other substitute for a coin of Canada or of the United States of America, or;
  • any coin except a coin of Canada or of the United States of America, which the meter is designed to accommodate.

Unexpired Time on Meters:

This By-Law shall not prevent the driver of a motor vehicle from using the unexpired time remaining on a parking meter on a municipal parking lot from its previous user without depositing a coin therefore.

Damage to Meter - Offence:

No person shall damage, deface or tamper with, break or destroy any parking meter or part thereof or otherwise impair its full usefulness on a municipal parking lot.

Damage to Parking Equipment or Signs - Offence:

No person shall damage, deface or tamper with any parking equipment or signs or otherwise impair its usefulness on a municipal parking lot.

No person shall deposit or place any article, receptacle or object on a municipal parking lot without being authorized by the Corporation so to do.

No person shall place or leave a bicycle on a municipal parking lot other than in a bicycle rack where provided for that purpose.

Parking Permits

The depositing of coins in parking meters shall not apply for the parking of any commercial vehicle, public service vehicle or publicly owned vehicle in any metered parking space, or for the parking of any other vehicle in any metered parking space on municipal parking lots only, provided that, in each case, there shall be visibly attached to such vehicle a currently valid parking permit issued by the Corporation or its agent permitting parking in a metered parking space as aforesaid without depositing coins in a parking meter. All such permits may be for a specific parking space and shall expire at a specific day stated on the permit.

The Corporation, through its agent, is authorized to issue a permit to any person or company applying for same, upon payment of a fee set forth in Schedule "J-3", permitting such persons or company, during the currency of such permit to park their motor vehicle for a period not exceeding the maximum time permitted upon any highway in any metered space or municipal parking lot, and in no other parking space without depositing coins in any parking meter or machine established for use in connection with such space, providing such permit during the time of such parking, is visibly attached to such vehicle.

Permits allowing the parking of motor vehicles of employees of the Corporation, the Mayor and Councillors for the Corporation, may be issued by the Corporation on the terms and conditions as set out from time to time by the Corporation.

Courtesy parking permits may be issued upon application to the Corporation for free parking in any metered space and any municipal parking lot, during a convention, workshop, seminar, et cetera, for non-residents if the permit is prominently displayed on the windshield of a visiting vehicle.

Permits may be issued for a year or a portion thereof, including (without limiting the generality of the foregoing), monthly, weekly or daily. No permit shall extend beyond the 31st day of December in any year.

Any permits cancelled at any time on authority of the Corporation, and in the event of cancellation, a refund shall be made equal to the current monthly permit fee, times the number of months and part month remaining in the unexpired portion of the permit period.

When, for any purpose, a permit is lawfully secured for the occupation of a part of the highway for any period of time longer than that which a vehicle is authorized to occupy it in accordance with this By-Law, and where such occupation obstructs or prevents the use or the safe use of any metered parking space, the person securing such permit will pay the Corporation through its agent, for the period that such space is so occupied, the following fee:

  • Nine dollars ($9.00) per day or any fraction thereof.

Notwithstanding the provisions of this By-Law to the contrary, a "special " parking permit rate may be established from time to time by the Corporation for parking spaces, which are used infrequently.

Notwithstanding the provisions of this By-Law to the contrary, a "fleet" parking permit rate may be issued for a company or individual under the terms and conditions established by the Corporation.

Handicapped Parking Zones

A designated handicapped parking space shall be distinctly indicated in accordance with the requirements of the Highway Traffic Act and the regulations made thereunder.

A designated handicapped parking space on municipal or private property shall have a width of not less than 3.6 metres but when two (2) or more spaces are side by side, a minimum width of 3.0 metres shall be provided.

Designated handicapped parking spaces will be located:

  • on municipal streets, highways and parking lots as described in Schedule "I".
  • on private property as described in Schedule "I".

The owners and operators of parking lots or other parking facilities to which the public has access, whether on payment of a fee or otherwise, shall provide three (3) handicapped parking spaces for the first one hundred (100) parking spaces per lot as listed on Schedule "I" and one (1) additional handicapped parking space for every one hundred (100) additional parking spaces or part thereof.

No person or organization shall:

  • park a vehicle in a designated handicapped parking space.
  • be entitled to the benefit of an exemption under this By-Law, unless a currently valid permit has been issued to that person, organization or to a passenger being picked up or transported in the vehicle and such permit is displayed on or in the vehicle in accordance with the requirements of the Highway Traffic Act, the regulations made thereunder and this By-Law.

The driver or operator of a vehicle which displays a permit in accordance with the requirements of the Highway Traffic Act and the regulations made thereunder and this By-Law shall not be required to pay an amount in excess of the normal fee paid by other users of the same parking lots or other parking facilities to which the public has access.

Loading Zones

Bus Stops:

The areas described in Schedule "L" hereto are designated as bus stops.

The driver of a bus shall not stand or park upon any highway in any business district at any place other than a bus stop, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.

No persons shall stop, stand or park a vehicle other than a bus in a bus stop when any such stop has been officially designated and appropriately signed.

School Bus Loading Zones:

The areas described in Schedule "M" hereto are hereby designated as school bus loading zones for the purpose of loading or discharging passengers.

When properly worded signs have been erected and are on display no person shall park or stop a vehicle, other than a properly licensed school bus, in any school bus loading zone.

Commercial Loading Zones:

The areas described in Schedule "N" hereto are designated as loading zones.

Where authorized signs to that effect are displayed on the highways described in Schedule "N" of this By-Law, no person shall stand or park any vehicle other than a commercial vehicle to remain parked or stopped in a loading zone for any purpose other than the expeditious loading or unloading, delivery and receipt of goods, wares or merchandise for commercial purposes, or a vehicle dropping off or picking up any passengers, or a vehicle dropping off or picking up any passenger in possession of a disabled person parking permit during the days or times set out in Column 4 of the said Schedule. In no case shall the stop for loading or unloading exceed fifteen (15) consecutive minutes.

Taxi Loading Zones:

The areas described in Schedule "O" hereto are hereby designated as taxi loading zones for the purpose of loading or discharging passengers.

When properly worded signs have been erected and are on display, no persons shall park a vehicle other than a properly licensed taxi cab in any taxi loading zone.

No taxi cab shall be parked in any taxi loading zone for a period of time longer than fifteen (15) consecutive minutes.

Belleville Transit Terminal - Driving Prohibited

No person shall drive a vehicle, other than a bus, on that part of the street which runs through the Belleville Transit Terminal on the north side and is duly marked "NO ENTRY BUSES EXCEPTED" at the Pinnacle Street entrance and "NO ENTRY BUSES EXCEPTED" at the Church Street entrance.

No person shall drive a vehicle, other than a bus, on the one way road which is located on the south side of the Belleville Transit Terminal and is duly marked "NO ENTRY BUSES EXCEPTED" at the Pinnacle Street entrance and "NO ENTRY BUSES EXCEPTED" at the Church Street entrance.

Part IV – Traffic Movements
Through Highways

The highways and parts of highways described in Schedule "P" hereto are designated as through highways.

The designation in Subsection 1 (1) of a highway or part of highway as a through highway shall not include any roundabout or any intersection where the road intersected is a King's Highway or where traffic control signals are installed.

Stop Signs at Intersections

The intersections on highways shown in Column 1 of Schedule "Q" attached hereto are designated as intersections where stop signs shall be erected facing traffic travelling in the direction set out in Column 2 of the said Schedule on the streets set out in Column 3 of the said Schedule.

Three-Way Stop Intersections

The intersections of highways shown in Column 1 of Schedule "R-1" attached hereto are designated as three-way stop intersections where stop signs shall be erected on the streets set out in Column 2 of the said Schedule facing traffic travelling in the directions set out in Column 3 of the said Schedule.

Four-Four Stop Intersections

The intersections of highways shown in Column 1 of Schedule "R" attached hereto are designated as four-way stop intersections where stop signs shall be erected on the streets set out in Column 2 of the said Schedule facing traffic travelling in the directions set out in Column 3 of the said Schedule.

Yield Right-of-Way Signs

Yield right-of-way signs shall be erected at each of the intersections set out in Column 1 of Schedule "S" attached hereto for the control of traffic entering the intersection in the direction set out in Column 3 and from the highway set out in Column 2 of the said Schedule.

Signal Traffic Control Systems

Subject to Section 144(31) of the Highway Traffic Act, the following positions:

  • Director of Engineering and Development Services
  • Manager of Engineering/Deputy Director (Engineering and Development Services)
  • General Manager of Operations Services, or
  • Manager of Outdoor Operations,

are hereby authorized and directed to erect, install and maintain Traffic Control Signals and other structures, plant and equipment as are required to regulate, direct, warn or guide pedestrian and vehicular traffic for the safety and convenience of the public.

Turns Prohibited

Left Turns:

When properly worded signs to that effect have been erected and are on display no person operating a vehicle in the direction indicated in Schedule "U" hereto shall turn such vehicle to the left at the intersection described in the said Schedule "U", during the times and/or days set out in said Schedule "U".

Right Turns Against a Red Traffic Light:

When properly worded signs have been erected and are on display no person operating a vehicle on the streets set out in Column 1 of Schedule "V" attached hereto in the direction set out under Column 2 shall make a right hand turn against a red traffic light at the intersection set out in Column 3 of the said Schedule "V" while the said red traffic signal light is showing during the times set out in Column 4 of the said Schedule and shall not proceed until the green light is showing.

Compulsory Turns

When properly worded signs have been erected to indicate the manner in which vehicles are to proceed, the driver of a vehicle approaching an intersection set out in Column 1 of Schedule "Z-1" attached hereto and proceeding in the direction set out in Column 2 of the said Schedule within the lane set out in Column 3 of the said Schedule, shall turn the vehicle in the direction set out in Column 4 of the said Schedule, and shall not proceed across the intersection so as to continue in the same direction as the vehicle was travelling when it entered the said intersection.

Compulsory Left Turns - Both Directions

When properly worded signs have been erected and when appropriate line painting is carried out vehicular traffic travelling in either direction in the area designated in Schedule "Z-1A" attached hereto shall make the required left turn.

One-Way Streets

The highways or parts of highways described in Schedule "W" hereto designated as one-way streets and vehicles shall be driven thereon only in the direction indicated in the said Schedule "W".

Multiple Lane Highways

The Corporation shall divide the highways set out in Column 1 of Schedule "X" between the limits set out in Column 2 of the said Schedule into clearly marked lanes for traffic movements in the particular direction as set out in Column 4 of the said Schedule.

When properly worded signs have been erected and are on display, no person shall operate a vehicle on the portion of a highway set out in Column 1 of the said Schedule "X" between the limits set out in Column 2 of the said Schedule and in the traffic lane set out in Column 3 of the said Schedule other than in the direction set out in Column 4 of the said Schedule during the time or times set out in Column 5 of the said Schedule.

Part V – Speed Regulations

When any highway or portion of highway set out in Columns 1 and 2 of Schedule "Y" attached hereto is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed thereon shall be the rate of speed set out in Column 3 of the said Schedule, for the time noted, and if no time is noted then said maximum rate of speed shall be deemed to be for all times.

Part VI – Heavy Traffic

When properly worded signs have been erected and are on display, heavy traffic is prohibited on the highway or parts of highway described in Columns 1 and 2 of Schedule "Z" attached hereto for the period set out in Column 3 of the said Schedule.

The provisions of this By-Law shall not extend to the use of the said highways for deliveries to or removals from a premises abutting thereon, to motor vehicles designed and used for carrying passengers nor to Police and emergency vehicles.

That no person shall park a heavy truck on any public street in the City of Belleville, except streets designated as connecting links or extensions of the King's Highway, between the hours of 8:00 p.m. and 8:00 a.m. each day of the week.

When properly worded signs have been erected and are on display, no person shall park or drive a vehicle weighing in excess of 12 tonnes on the highway or part of highway described in Columns 1 and 2 of Schedule "Z-3" attached hereto for the period set out in Column 3 of said Schedule.

Part VII – Offences and Penalties

The owner of a vehicle may be charged with and convicted of an offence under this By-Law for which the vehicle is subject to be charged unless, at the time of the offence, the vehicle was in possession of some person other than the owner, without the owner's consent and on conviction the owner is liable to the penalty prescribed or provided for the offence.

Any person who contravenes any of the provisions of this By-Law is guilty of an offence and on conviction is liable to a fine not exceeding $5,000.00, and all such penalties shall be recoverable under the Provincial Offences Act.

Despite Section 2. (1) any person may pay a reduced penalty (voluntary payment) out of court by presenting a Parking Infraction Notice issued in respect of an offence under this by-law along with the payment to the corporation office within seven (7) days of the date that the Parking Infraction Notice was issued and upon such payment no further proceeding shall be undertaken under this by-law in respect of the said offences alleged in the Parking Infraction Notice.

Despite Section 2. (1) and (2) any person who contravenes Part III Section 6. (3) of this by-law is guilty of an offence and on conviction is liable to a fine of not less than $300.00

Whenever a motor vehicle is parked on property of the Corporation or is parked, stopped or standing on any street, private property or in any municipal parking lot in contravention of the provisions of this By-Law, a Police Officer, Police Cadet, Municipal By-Law Enforcement Officer or an Officer appointed for the carrying out of the provisions of the Highway Traffic Act, may cause said motor vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, shall be paid by the owner of the said motor vehicle and such costs and charges shall be a lien upon the said motor vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chapter R.25 and amendments.

Part VIII – Bicycle Safety Regulations

No person 12 years of age and over shall operate a vehicle on a sidewalk.

No person shall ride any vehicle, save and except for vehicles used for the carriage of small children or invalids on the sidewalk of the following streets:

  • Front Street - Dundas Street to Station Street.
  • Footbridge - Between Coleman Street and Front Street.
  • Pinnacle Street - Dundas Street to Station Street.
  • Coleman Street - Dundas Street to Moira Street.
  • Dundas Street - Coleman Street to George Street
  • Market Street - Pinnacle Street to Front Street.
  • McAnnany Street - Pinnacle Street to Front Street.
  • Bridge Street - Pinnacle Street to Coleman Street.
  • Campbell Street - Pinnacle Street to Front Street.
  • Victoria Avenue - Pinnacle Street to Front Street.

No person shall operate a bicycle upon a roadway except in single file.

No person shall chain a bicycle to a publicly owned tree.

Every person riding a bicycle on the Roadway shall face and move in the direction of vehicular Traffic.

The Waste Collection By-law outlines expectation when it comes to waste disposal in the city.

Transportation and Operations Services oversees all refuse and issues with garbage collection. Specific complaints or concerns can be submitted at 613-967-3275 or through our Report an Issue Form.

By-law 98-175 – A By-law for Establishing and Maintaining a System for the Collection and Disposal of Waste at the Expense of the Corporation of the City of Belleville and for the Establishment of User Fees for the Collection and Disposal of Waste in the Belleville Ward of the Municipality of the Corporation of the City of Belleville

Whereas the Council of The Corporation of the City of Belleville hereinafter referred to as "The City" deems it expedient to provide for the collection of waste within the Belleville Ward boundaries of the City and the removal and disposal thereof and to direct that the expenses of the said collection and disposal shall be borne by the City and for the establishment of user fees for the collection and disposal of waste and to provide for such terms and conditions for the collection and disposal of waste for residential, commercial and institutional establishments within the Belleville Ward boundaries of the City as established in this by-law. 

Now Therefore the Council of the Corporation of the City of Belleville enacts as follows:

Contracts

That a contract or contracts be made from time to time with some person or persons, firm or corporation for the collection and disposal of all waste within the Belleville Ward boundaries of the City upon such terms and conditions and at such price or prices as may appear reasonable to the City Council and that the Mayor and Clerk be and they are hereby authorized to execute such contractor contracts on behalf of the City and to affix the City's seal to such contract or contracts.

Duties of the Contractor

That all waste within the Belleville Ward boundaries of the City except as hereinafter mentioned under Section 4 of this by-law shall be collected, removed and disposed of, by the contractor so employed to collect the same and the expenses of collecting and disposing of such-waste shall be paid by the said City.

Definitions

"ashes" means the solid residue of any household fuel remaining after burning, soot and other chimney deposits.

"The City" means The Corporation of ,the City of Belleville.

"collection" means the collection of waste as set out in Section 3(r) of this by-law.

"collection date" means the date for collection of waste as determined or revised by the City from time to time. 

"contract" means any agreement entered into by the City for the collection and disposal of waste.

"contractor" means the person, persons, firm or corporation to whom the City has contracted with for the collection and disposal of waste.

"dwelling" means any building or other structure occupied or used as a place of abode other than a hotel or motel, restaurant, apartment house, tenement or building in which more than two (2) families dwell or which contains more than two (2) separate places of dwelling.

"downtown commercial area" means the lands fronting on Front Street extending from Dundas Street northerly to Station Street, and the lands fronting on Pinnacle Street extending from Station Street southerly to Dundas Street and shall include the lands fronting on Victoria Avenue, Campbell Street, Bridge Street, Market Street and McAnnany Street between Front Street and Pinnacle Street.

"garbage" means any waste materials from the kitchens of dwellings, hotels, motels, institutions, restaurants and the vegetable and animal waste from groceries, markets and other food establishments, discarded apparel, wood and metal scrap, rags, excelsior, celluloid, straw, broken glass, crockery and earthenware.

"household trash" means discarded household items, including but not limited to bedsprings, mattresses, furniture, wooden boxes, wooden barrels, wood and metal doors and windows, electronic equipment, carpets and rugs which are rolled, folded and tied, and any other discarded material which would normally accumulate and not normally be included as garbage.

"leaf and yard waste" means leaves, grass clippings, flowers, fruits, vegetables, organic plant materials generated from gardening and yard maintenance, tree limbs and brush in accordance with size restrictions as set out in Section 8(e) of this by-law.

"lift" means a receptacle as set out in Section 3(0) of this by-law containing specified waste as set out in Section 3(r) of this by-law. All singular items placed for collection shall constitute one lift.

"manufacturers' or trade waste" means any abandoned, condemned or rejected product or by-product or the waste from any product or by-product used by a manufacturer, builder or contractor in the operation of his business or trade including but not limited to scrap metal and motor vehicle parts from garages and service stations.

"person" means an owner, tenant, sub-tenant, occupant, lessee, corporation, partnership, individual or person in charge of a dwelling, residential unit, commercial unit or institution.

"receptacles" means metal, plastic or other suitable watertight vessels or polyethylene or paper bags manufactured specifically as disposable garbage bags and/or cardboard cartons.

"residential unit" means any dwelling as set out in Section 3(g) of this by-law and shall include but not be limited to an apartment building, rooming house, condominium or any other building in which more than two (2) families dwell or which contain more than two (2) separate places of dwelling.

"street" means any public highway, road, street, lane, alley or square.

"waste" includes garbage, ashes, household trash and non-recyclable waste.

"white goods" means household appliances including but not limited to refrigerators, freezers, air conditioners, dehumidifiers, humidifiers, microwaves, stoves, dishwashers, washers and dryers, whether or not they use any gas in their operation.

General Prohibitions and Restrictions

It shall constitute an offence for a person to put out for collection any waste that is not:

  • the type or composition of waste; or
  • placed during or removed after the time or times; or
  • in the receptacles or containers including the size and weight thereof; or
  • deposited within such receptacles or containers; or
  • secured or wrapped within such receptacles or containers; or
  • placed in the location designated; or
  • in receptacles or containers tagged with a "Belleville Garbage Tag" or a "Leaf and Yard Waste" tag as the case may be; 

as prescribed in accordance with the terms of this by-law.

It shall constitute an offence for a person to sweep, throw, cast, lay, deposit or direct, suffer or permit any servant, agent or employee to sweep, throw, cast, lay or deposit any waste, dirt, leaves, stones or garbage of any kind whatsoever in or upon any street within the Belleville Ward boundaries of the City.

It shall constitute an offence for a person to permit the accumulation of any type of waste, swill andlor liquid waste upon his premises or upon premises occupied or controlled by him that he knows or ought to know is
likely to be detrimental to public health.

It shall constitute an offence for a person to pick over, disturb or scatter any waste placed for collection in accordance with the provisions of this by-law whether the waste is contained in a covered receptacle or not.

Notwithstanding anything contained herein it shall constitute an offence for a person to place for waste collection any of the following:

  • any material, substance or object which may or is likely to detonate or explode as a result of improper handling, exposure to anything, or by any other means.
  • any material classified as hazardous waste as defined by the schedules attached to "Dangerous Goods Transportation Act", RSO 1990, c. Dl as amended and regulations thereto or any Ontario or Federal Statute of Canada.
  • any scrap metal, including but not limited to bath tubs, hot water tanks, empty propane tanks, empty fuel tanks, and large metal items.
  • any white goods as defined in Section 3(s) of this by-law.
  • tires used for automobiles, trucks, trailers, motorcycles or any other mobile mechanical equipment.
  • bodies or large parts of motorized vehicles, boulders or blocks of concrete or asphalt in excess of 28 cubic decimetres (1 cubic foot), trade waste, industrial waste, or trash accumulated from a place of
    business.
  • animal carcasses.
  • leaf and yard waste.
  • tree stumps larger than 15 centimetres (6 inches) in diameter.
  • for residential locations all cardboard except cartons that are utilized as receptacles under Section 5(b) of this by-law and cardboard that is contaminated or waxed or Asian.
  • any other objects deemed unacceptable for collection by the City.

It shall constitute an offence for a person to exceed the following number of lifts for each regular waste collection

  • Residential - six (6) lifts.
  • Commercial and Institutional (excluding the downtown commercial area) - sixteen (16) lifts.
  • Commercial and Institutional in the downtown commercial area - eight (8) lifts per collection, twice weekly collections
Receptacles

Every person shall provide and maintain receptacles in good condition and in sufficient number to hold all waste or other garbage produced from or originating from their premises.

Dry waste or other garbage may be enclosed in cardboard cartons, however, it shall constitute an offence for a person to allow dry waste or other garbage to be enclosed in cardboard cartons that exceed a maximum weight of 23 kilograms (50 Ibs.) and/or exceed a maximum size of 61 cm. x 61 cm. x 106 cm. (24 in. x 24 in. x 42 in.).

Except for disposable bags, it shall constitute an offence for a person to use a receptacle that is not equipped with handles and properly fitted lids which cover the receptacle at all times. Such receptacles shall be in the form of a pail manufactured for the purpose of collecting garbage.

It shall constitute an offence for a person to use disposable bags unless the disposable bags are tightly sealed with suitable enclosures.

It shall constitute an offence for a person to use a receptacle under this section that exceeds 77 litres (17 imperial gallons) and exceeds in weight more than 34 kilograms (75 Ibs.) including contents.

Composition of a Lift

It shall constitute an offence for a person to place for collection, waste and other garbage in a receptacle before it is drained of all liquid.

It shall constitute an offence for a person to place in a receptacle household, table and/or kitchen waste that is not first securely wrapped.

Waste that will not readily fit into receptacles as set out in Section 5 of this by-law will be collected provided it is cut or folded into pieces not more than 1.2 metres (4 feet) in length and securely tied in bundles.

Paper products and cartons from commercial and institutional establishments will be collected provided they are collapsed and securely tied in bundles measuring approximately 76 cm. x 76 cm. x 20 cm (30 in. x 30 in. x 8 in.). A limit of two bundles per collection will apply. The downtown commercial area shall be limited to one bundle for each of the twice weekly collections.

Collection, Removal and Disposal of Waste

The Council of the City shall name one or more days in each week for the collection of waste from within the Belleville Ward boundaries of the City or in any areas defined thereof.

It shall constitute an offence for a person to place waste for collection unless the waste is at the property side of the sidewalk abutting their property, or at the curb line where there is no sidewalk, or at the edge of the travelled portion of the street abutting their property where there is no curb or sidewalk.

It shall constitute an offence for a person to place waste on the street for collection any earlier than 12:OO noon local time on the day before the scheduled collection of waste for that area and/or any later than 7:00 a.m. local time on the day scheduled for collection in that area.

Except as otherwise provided all waste placed for collection shall be placed in receptacles as set out in Section 5 of this by-law.

It shall constitute an offence for a person to leave any receptacle on any street past 12:00 noon local time on the day after collection has taken place.

No employee of the City or the contractor engaged by the City to collect and dispose of waste on behalf of the City shall enter onto or into any lands, premises, dwelling, hotel, apartment house, tenement or building or ascend any stairway or enter an elevator, hoist or lift for the purposes of carrying out or returning thereto any receptacle.

Leaf and Yard Waste

The Council of the City may name one or more days throughout the year for the collection of Leaf and Yard Waste from within the Belleville Ward boundaries of the City or in any areas defined thereof.

It shall constitute an offence for a person to use any receptacle for Leaf and Yard Waste during the scheduled collection dates unless one of the following receptacles is used:

  • receptacles and cardboard cartons used for waste as defined in Section 5 of this by-law but lids off the receptacles.
  • an open, circular wooden basket or bushel basket with handles having a volume of approximately one bushel and not exceeding 23 kilograms (50 Ibs).
  • double walled kraft paper bags without ties having a minimum total wall thickness of 0.23 millimetres, a flat base when unfolded and not exceeding 23 kilograms (50 Ibs.).

It shall constitute an offence for a person to put out for collection Leaf and Yard Waste in plastic garbage bags unless a Leaf and Yard Waste Tag purchased in accordance with Section 8(d) of this by-law is affixed to the exterior of the bag.

Leaf and Yard Waste Tags must be purchased from the City or from designated outlets determined by the City at a cost established by the City as revised from time to time.

Tree limbs and brush shall be tied securely in small bundles and not exceed 23 kilograms (50 Ibs.) in weight. Tree limbs shall not exceed 70 rnillimetres (2% inch) trunk diameter and 1.2 metres (4 feet) in length.

Any Leaf and Yard Waste not placed during the scheduled times for pickup; contained in the receptacles listed; bundled appropriately as required by this section; or in the case of plastic bags, not exhibiting a "Leaf and Yard Waste Tag" shall not be collected by the contractor. Such Leaf and Yard Waste may be collected by the City. The person who directly or by means of an agent discarded the Leaf and Yard Waste shall be liable for the total expense incurred for the removal of such Leaf and Yard Waste at a rate set by the City, as revised from time to time, plus any applicable interest or penalties. Payment shall be made within 30 days after receipt of an invoice indicating the total expenses incurred.

Any invoices that remain unpaid for the removal of Leaf and Yard Waste shall be added to the tax roll of the person responsible to pay and collected in like manner as municipal taxes.

In the case of a condominium corporation, the condominium corporation shall remain liable to the City for any costs incurred by the City, at a rate set by the City, as revised from time to time in collecting Leaf and Yard Waste without the appropriate "Leaf and Yard Waste Tag" or Leaf and Yard Waste that is set out for collection which is not in accordance with this section regardless of whether such Leaf and Yard Waste can be attributed to the condominium corporation, an owner or tenant of a condominium unit or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such Leaf
and Yard Waste shall be added to the tax roll of the condominium corporation and be collected in like manner as municipal taxes.

In the case of multi-residential, institutional or commercial properties the owner of such property shall remain liable to the City for any costs incurred by the City at a rate set by the City as revised from time to time in collecting Leaf and Yard Waste without the appropriate "Leaf and Yard Waste Tag" or Leaf and Yard Waste that is set out for collection which is not in accordance with this section regardless of whether such untagged Leaf and Yard Waste can be attributed to such multi-residential, institutional or commercial property, an owner, tenant of such property or any other person. All invoices shall be payable within 30 days after receipt. lnvoices that remain unpaid for such Leaf and Yard Waste shall be added to the tax roll of such property and collected in like manner as municipal taxes.

Manufacturers' or Trade Waste

to place manufacturers1 or trade waste for disposal by the City. All costs, charges and expenses incurred or necessitated in disposing of manufacturers' or trade waste shall be borne by the owner or person responsible who shall indemnify and save harmless the City regarding any liability therefore.

Where any expenses are incurred by the City in the arrangement for the disposal of any manufacturers' or trade waste for which a manufacturer, builder, contractor or other person is responsible such person shall forthwith pay to the City within 30 days of receipt of an invoice indicating the total expenses incurred.

Any expenses incurred by the City that remain unpaid for the removal of manufacturers1 or trade waste shall be added to the tax roll of the person responsible to pay and collected in a like manner as municipal taxes.

Requirement to Cover Waste in Transportation

It shall constitute an offence for a person to transport through the streets any waste, swill, liquid, or offensive matter except through properly covered receptacles or vehicles designed for that particular purpose or in vehicles equipped with canvas covers or tarpaulins which shall be placed and fastened in such a manner to prevent waste or refuse from falling onto the streets.

Obligation to Provide Own Waste Collection

It shall constitute an offence for an owner, lessee, tenant or other person in charge of a hotel, apartment house, tenement, condominium, shop, store, institution, office, manufacturer or person who finds that the regular waste collection established by the City inadequate to keep their premises free of accumulated waste to not make suitable arrangements at their own expense for the collection and removal of accumulated waste.

Requirement for Belleville Garbage Tag

It shall constitute an offence for a person to set out for collection any bag or cardboard carton of waste unless:

  • it has a "Belleville Garbage Tag" affixed to its exterior.
  • the "Belleville Garbage Tag" is affixed in such as fashion as to be clearly visible to the contractor; and
  • the "Belleville Garbage Tag" is purchased in accordance with Section 12(d) of this by-law.

It shall constitute an offence for a person to set out for collection a receptacle of waste unless:

  • it has a "Belleville Garbage Tag" affixed to the top item inside the receptacle.
  • the "Belleville Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid; and
  • the "Belleville Garbage Tag" is purchased in accordance with Section 12(d) of this by-law.

It shall constitute an offence for a person to place any other item out for collection in accordance with this by-law unless:

  • it has a "Belleville Garbage Tag" affixed to its exterior.
  • the "Belleville Garbage Tag" is affixed in such as fashion as to be clearly visible to the contractor; and
  • the "Belleville Garbage Tag" is purchased in accordance with Section 12(d) of this by-law.

"Belleville Garbage Tags" must be purchased from the City or from designated outlets determined by the City at a cost established by the City as revised from time to time.

Any waste not exhibiting a "Belleville Garbage Tag" shall not be collected by the contractor. Waste without the appropriate "Belleville Garbage Tag" may be collected by the City. The person who directly or by means of an agent discarded the waste shall be liable for the total expense incurred for the removal of the waste at a rate set by the City as revised from time to time plus any applicable interest or penalties. Payment shall be made within 30 days after receipt of an invoice indicating the total expenses incurred.

Any invoices that remain unpaid for the removal of non-recyclable waste shall be added to the tax roll of the person responsible to pay and collected in like manner as municipal taxes.

In the case of a condominium corporation, the condominium corporation shall remain liable to the City for any costs incurred by the City at a rate set by the City as revised from time to time in collecting waste without the appropriate "Belleville Garbage Tag" from or adjoining the premises of the condominium corporation regardless of whether such untagged garbage can be attributed to the condominium corporation, an owner or tenant of a condominium unit, or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such waste shall be added to the tax roll of the condominium corporation and be collected in like manner as municipal taxes.

In the case of multi-residential, institutional or commercial properties 'the owner of such property shall remain liable to the City for any costs incurred by the City at a rate set by the City as revised from time to time in collecting waste without the appropriate "Belleville Garbage Tag" from or adjoining the premises of such property regardless of whether such untagged garbage can be attributed to such multi-residential, institutional or commercial property, an owner, tenant of such property or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such waste shall be added to the tax roll of such property and collected in like manner as municipal taxes.

Penalties 

Every person who commits an offence pursuant to the provisions of this by-law shall be liable, upon conviction, to the penalties prescribed by the Provincial Offences Act, R.S.O. 1990 c.P33, or any legislation passed in succession thereto.

Severability

Should any section of this by-law be declared ultra vires by a court of competent jurisdiction the remaining sections shall nevertheless remain valid and binding and shall be read as if the offending section had been struck out.

Singular, Plural and Gender

Words in this by-law importing the singular shall include the plural and words importing the plural shall include the singular and words importing the masculine shall include the feminine and neutered gender where the context so requires.

That By-Law Number 14163 be and is hereby rescinded.

Passed on Dec. 14, 1998.

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