BE IT RESOLVED that the following be and the same is hereby
adopted and enacted as a By-law of Halifax County Municipality
when and if the same has received the approval of the Minister of
Municipal Affairs, and that the Municipal Clerk be and he is
hereby instructed to forward the same to the Minister and request
his approval hereof.
1972 JANUARY SESSION
BY-LAW NO. 16
THE PENALTIES BY-LAW
Title
1. This By-law shall be known as and may be cited as the
"Penalties By-law".
Definition
2. In this By-law unless the context otherwise indicates "By-
law" means a By-law passed by the Council.
Penalty
3. Where any person violates a By-law for which no penalty is
elsewhere expressly provided he shall be liable to a penalty
of not less than One Hundred Dollars ($100.00) and not
exceeding One Thousand Dollars ($1,000.00) and in default of
payment of such penalty he shall be liable to imprisonment
for a period not exceeding sixty (60) days. (Passed
September 20, 1983; Approved November 4, 1983)
Discharge of Payment
4. Where a person is imprisoned for failure to pay a fine or
costs he shall be discharged from his imprisonment upon
payment of the fine, costs and charges for conveying him to
the place of his imprisonment.
Sentence, where served
5. Repealed (Passed September 20, 1983; Approved November 4,
1983).
Costs
6. Every fine or penalty imposed under a By-law shall be
exclusive of costs, and costs when incurred shall be imposed
in addition to a fine or penalty.
Liability for damages
7. No fine or penalty imposed under a By-law shall be construed
so as to affect any liability for damages.
Private Prosecution
8. Except where otherwise expressly provided any person may
initiate a prosecution for a violation of a By-law.
Paid to treasurer
9. Unless otherwise provided every fine or penalty for a
violation of a By-law shall be paid to the treasurer of the
Municipality and form part of its general funds.
License or permit fees
10. Upon conviction for the violation of a By-law requiring a
person to obtain a license or permit the justice, magistrate
or judge may in addition to any penalty order the defendant
to pay the fee for such license or permit and in default of
payment thereof to be imprisoned for a term not exceeding
twenty days. Upon payment of such fee the defendant shall
receive his license if otherwise entitled thereto.
Repeal
11. All former Penalties By-law passed by the Council are hereby
repealed and this By-law substituted therefor.
THIS IS TO CERTIFY that the By-law of which
the foregoing is a true copy was duly passed
at a duly called meeting of the Municipal
Council of Halifax County Municipality duly
held on the 18th day of January, A.D. 1972.
GIVEN under the hand of the Municipal Clerk
and under the corporate seal of the said
Municipality this 28th day of January, A.D.
1972.
(Sgd. R. D. Hattie Municipal Clerk
DEPARTMENT OF MUNICIPAL AFFAIRS
Recommended for approval
of the Minister
(sgd) W. E. Moseley
Deputy Minister
APPROVED this 16th day of August, 1972.
(sgd) J. F. Mooney
Minister of Municipal Affairs
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