Operational Policy 49 — Enforcement of Summary Offense Tickets (SOT)
Queens, Nova Scotia
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POLICY NUMBER -- 49
Page 1 of 6
Policy Subject / Title -- Enforcement
of Summary Offence Tickets
GENERAL STATEMENT
OF POLICY:
49.01
It shall be the policy of the Council of the Region of Queens Municipality to have
standards for the equitable enforcement of Summary Offence tickets (S.O.
T.'
s).
LEGISLATION
TO BE ENFORCED:
49.02 Without restricting the issuance of S.O.
T.'s to the following list and reserving the
right to issue S.O.
T.'s for all punishable
offences
according
to law, the below
noted are generally the legislative areas to be enforced:
Burning Bylaw -- No. 2
Section
4
Section 10
Section 11
Dog Bylaw -- No. 3
Section 13(a)
Section 13(b)
Section 13(c)
Mobile
Home and Mobile
Home Parks Bylaw -- No. 6
Section
3
Section
4
Section
12
Noise Bylaw -- No. 7
Section
3
Parking Lot Bylaw -- No. 8
Section 4(c)
Section 4(d)
Section
5
Parking Meter Bylaw -- No. 9
Section
6
Section
7
Section
8
Public Market Bylaw -- No. 10
Section 3
Section
7
Section
8
Section
10
Sewer Bylaw -- No. 11
Section 4.1
Section 4.2
Section 4.7
Section 4.15
Section 5.5
Section
8.1
Section
9.5
POLICY NUMBER -- 49
Page 2 of 6
Policy Subject / Title -- Enforcement
of Summary Offence Tickets
Certain Activities
Bylaw -- No. 12
Section 2
Section 3
Solid Waste Bylaw -- No. 13
Section 11(a)
Section 11(b)
Section 12
Section 13(a)
Section 13(b)
Section
14
Section
16
Section
17
Section 18(a)
Section 18(b)
Section 19
Section
20
Section 21
Section
23
Section 24
Section 25(a)
Section 25(b)
Section 25(c)
Section 25(d)
Section
26
Section
27
Section
28
Section
29
Section
30
Section 31
Section 32
Section 34(a)
Section 34(b)
Section 34(c)
POLICY NUMBER -- 49
Page 3 of 6
Policy Subject / Title -- Enforcement of Summary Offence Tickets
Section 35
Section
36
Section 37
Section 39(a)
Section 39(b)
Section 39(c)
Section 40
Section
41
Section 42
Section 43(a)
Section 43(b)
Section 43(c)
Section 43(d)
Section 43(e)
Section 43(
Section 43(g)
Section 43(h)
Section 43(i)
Section 43(j)
Section
46
Section
47
Section 50
Section 50(d)
Section 51
Section
52
Section
53
Section 54
Section
55
Section
56
Section
57
Section
58
Section 61(a)
Section 61(b)
Section 63(a)
Section 63(b)
Section
64
Section
65
Section
68
Section 72
Taxi Bylaw -- No. 15
Section
3
Section
9
Vending Bylaw -- No. 18
Section 3(a)
Section 8
POLICY NUMBER -- 49
Page 4 of 6
Policy Subject / Title -- Enforcement of Summary Offence Tickets
Civic Numbering Bylaw -- No. 19
Section
3
Section
11
Municipal Government
Act
Section 505(1)(
a)
Section 505(1)(
b)
Section 505(1)(
c)
Section 505(1)(
d)
Building Code Act
Section 8(a)
Section 8(b)
Section 19(1)(
a)
Section 19(1)(
b)
Section 19(1)(
c)
Section 19(2)
POLICY NUMBER -- 49
Page 5 of 6
Policy Subject / Title -- Enforcement of Summary Offence Tickets
ENFORCEMENT
PERSONNEL:
49.03
Pursuant
to the
Police Act, any Special
Constable
employed by the
Region of
Queens Municipality or Peace Officer shall be authorized to issue S.O.
T.'s inside
the boundaries of Queens County.
ENFORCEMENT PRINCIPLES:
49.04 The investigation of alleged violations shall be the responsibility of the Special
Constable
of the
Region of Queens Municipality or a Peace Officer working
within
Queens County. The prosecution
of charges
is the responsibility
of the
municipal solicitor.
49.05 The
Region
shall follow the following
established
principles whether to
lay
charges and will include:
a)
The decision to lay a charge concerning a minor offence using a Summary
Offence Ticket will be the decision of the investigator. The investigator will
only
proceed
with
the charge
where
there
are
reasonable
grounds
to
believe that an offence has occurred.
b)
Warnings
may
be
issued
concerning
a
minor
offence
where
the
investigator
deems
appropriate. In deciding whether to proceed
with a
warning or a ticket, the investigator will respect the principle of equal
protection
and
benefit
of the law. The
decision
will
be
made
in
a non-
discriminatory
and fair manner, which protects the public interest, at large.
c)
The investigation
of alleged offences of a more serious nature, or which
involve repeat offenders will involve the investigator, Chief Administrative
Officer and Region's solicitor. The decision whether to lay a charge will be
based on sound judgment and principles of fair and equitable treatment
under the law. These
decisions will be reached after consultation with the
Region's solicitor who will prosecute.
d)
The investigator and Chief Administrative
Officer have the ultimate
right
and duty to determine the charges to be laid, subject to advice from the
Region's
solicitor
and
subject to the
right of the
Region's
solicitor
to
withdraw
or stay charges, for cause, after they have been laid.
POLICY NUMBER -- 49
Page 6 of 6
Policy Subject / Title -- Enforcement
of Summary Offence Tickets
PROSECUTORIAL
DISCRETION:
49.06 In advising on the laying of charges or the staying of prosecutions, the Region's
solicitor will be guided by the principle that a prosecution should only go forward
where there
is evidence
available
on each essential
element
of the offence
and
the Region's solicitor believes there is a reasonable chance that a conviction will
result if the case proceed to trial.
49.07
In
the
laying
of
charges
and
decisions
respecting
staying
of prosecutions,
consideration
of the public interest
may
be relevant. In determining whether the
public interest may be served, the following things will be considered:
a)
whether there
is sufficient
risk to human
life, health, property
or the
environment;
b)
any record of compliance;
c)
any relevant history;
d)
whether the violation seems deliberate in nature or, if not deliberate, the
degree of negligence or carelessness involved;
e)
whether
there
has
been
concealment
of
information
or
any
other
obstruction;
fl
whether the violation was repeated or a warning was disregarded;
g)
whether a ticket or prosecution is likely to have a deterrent effect on this
individual or other; and
h)
whether failure
to enforce
would
tend
to
bring
law
into disrepute
or
disrespect.
49.08 If a charge is dropped for any reason, the reason(s)
must be recorded in the file.
Approved by Council:
Council
October 15, 2012