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CITY OF PRINCE ALBERT
BYLAW NO. 41 OF 2004
A Bylaw of The City of Prince Albert to regulate
fortification of and protective elements applied to land.
WHEREAS the fortification of protective elements applied to land may restrict,
obstruct or impede access to and exit from land, buildings and structures;
.
AND WHEREAS the Council of The City of Prince Albert deems it necessary for
the health, safety and welfare of the inhabitants of the City of Prince Albertto enact a
bylaw providing for regulation of fortification of land and the application of protective
elements as well as the prohibition of excessive fortification of land and the application
of excessive protective elements to land within the City of Prince Albert;
AND WHEREAS the excessive fortification of land or the application of excessive
protective elements to land is likely to pose a !?erious risk to the health, safety and
welfare of municipal and law enforcement officials and/or emergency services personnel
when confronted with such land when acting in the course of their lawful duties or in
response to emergency situations and as well to the occupants of land whose ability to
escape an emergency situation is or may be hindered or prevented;
AND WHEREAS the excessive fortification of land or the application of excessive
protective elements to land is likely to pose a serious threat to the safety and integrity of
abutting land as well as the owners and occupiers thereof by restricting, obstructing,
impeding or preventing municipal and law enforcement officials and/or emergency
services personnel from responding to emergency situations effectively and in a timely
manner.
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT IN
OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
SHORT TITLE
This Bylaw may be cited as "The Fortification Bylaw".
BYLAW NO. 41 OF 2004
PAGE 1
1.
In this Bylaw:
PART I
DEFINITIONS
(a)
"City" means the City of Prince Albert;
(b)
"Building Inspector" means the officer appointed by Council as the Building
Inspector pursuant to The Uniform Buildings and Accessibility Standards Act;
(c)
"Bylaw Enforcement Officer" includes a Bylaw Enforcement Officer
appointed by Council pursuant to Section 337 of The Cities Act;
(d)
"Chief of Police" means a chief of police appointed pursuant to section 35
of The Police Act, 1990.
·
(e)
"Construcf' includes doing anything in the erection, installation, extension,
or material alteration or repair of a building of structure, and "construction:
has a corresponding meaning;
(f)
"Custom Work Order Policy" means the requirement of deposits and the
estimation of the value thereof to be paid prior to the commencement of the
work and the invoicing for work performed by City forces that is calculated by
the City Engineer and constitutes the standard charge for all such work
performed deemed by the city Engineer to reflect the actual cost to the City
of labour, equipment and materials used together with an administration fee
equal to fifteen (15%) percent of the value of the cost; and further, includes
such alterations by the City Engineer to such standard fees and charges
from time to time to reflect changes in the actual costs;
(g)
"Emergency Services Personnel" includes any individual employed by a
police service, fire service and ambulance service in Saskatchewan who is
acting in accordance with the obligations imposed upon them (whether by
statutory or common law duty) by their position and includes any person who
is directed by any emergency services personnel to do or refrain from doing
anything and to act on those directions;
(h)
"Excessive Fortification" means fortification that is excessive and includes
but is not limited to:
i. protection plaques or plates made of metal or any other material
installed inside or outside building;
ii. an observation tower, whether integrated or not, to a building;
BYLAW NO. 41 OF 2004
PAGE2
iii. laminated glass or any other type of glass or material that is
bullet-proof or difficult to break in the event of a fire, installed in
windows or doors, including protection shutters;
iv. armored or specially reinforced doors designed to resist the
impact of firearms, battering rams, explosives or vehicle contact;
v. grills or bars made or metal or any other material installed on
doors, windows and other openings that limit the rapid exit from a
building or structure in an emergency situation, except for those
installed at the basement or cellar level;
vi. masonry, including brick and concrete block over windows or
doorways;
vii. secondary walls or other obstructions in front of lands, doors or
windows;
viii. concrete, metal or other materials installed as pillars or barriers
designed to prohibit, restrict, obstruct or impede access to any
land through conventional means or modes of transportation; and
ix. any fence or gate constructed, installed, or maintained or
reinforced with metal or similar materials in excess of 3
millimeters in thickness;
and "excessively fortify" has a corresponding meaning;
(i)
"Excessive Protective Elements" means protective elements that are
excessive and includes but is not limited to:
i. perimeter warning devices such as -Jaser eyes" or other types of
advanced warning systems be it electronic or otherwise designed
to forewarn of the entry onto the perimeter of land from adjoining
lands or roadways but excluding similar applications to forewarn
of entry into a structure located on land;
ii. electrified fencing or any similar barrier including hidden traps,
electrified doors, or windows, land mines or other explosive
devices or any weapon of thing that may become a weapon when
triggered or activated on entry to land whether designed to, or by
application in such manner is, likely to cause death or serious
injury; and
iii. visual surveillance equipment, including video cameras, night
vision systems, or electronic surveillance devices capable of
BYLAW NO. 41 OF 2004
PAGE3
permitting either stationary or scanned viewing or listening,
beyond the perimeter of the land;
G)
"Fortification" includes the installation, application, or maintenance of
devices, barriers, or materials in a manner designed to restrict, obstruct or
impede, or having the effect of restricting, obstructing or impeding, access to
or from land, and "fortify" has a corresponding meaning;
(k)
"Land" means land including buildings, mobile homes, mobile buildings,
mobile structures, outbuildings, fences, erections, physical barriers and any
other structure on the land or on or in any structure on the land;
(I)
"Maintain" means to allow the continued existence of a device, barrier,
structure, or material whether or not repairs are undertaken, and
"maintenance" has a corresponding meaning;
(m) "Person" means a natural person, a corporation, partnership or association
and their heirs, executors, administrators or other legal representatives of a
person to whom the context can apply according to law;
(n)
"Protective Elements" includes any object, material, component or any
contrivance designed for surveillance or to restrict, obstruct, or impede, or
having the effect of surveillance or restricting, obstructing, or impeding,
access to and exit from land.
·
· 2.
No person shall:
PART II
PROHIBITED MATTERS·
(a)
Excessively fortify any land so as to restrict, obstruct or impede municipal
and law enforcement officials and/or emergency services personnel from
accessing or exiting any lands; and
(b)
Apply excessive protective elements to land cir maintain excessive protective
elements applied to land so as to restrict, obstruct or impede municipal and
law enforcement officials and/or emergency services personnel from
accessing or exiting ariy land;
(c)
Hinder, obstruct or in any way interfere with a person exercising power under
this bylaw.
BYLAW NO. 41 OF 2004
PAGE4
PART Ill
EXCLUSIONS
3.
Section 2 of this bylaw does not apply to:
(a}
financial institutions as identified and listed in Schedule I, II and Ill of the
Bank Act, S.C. 1991, c.46, as amended, from time to time that is zoned for
such use or otherwise lawfully permitted;
(b)
detention centres operated by or on behalf of the Government of Canada or
Saskatchewan, zoned for such use, or otherwise lawfully permitted;
(c)
lands owned or occupied by the Prince Albert City Police Service in
accordance with The Saskatchewan Police Act;
(d)
lands owned or occupied by the Federal Department of National Defence;
(e)
lands owned or occupied by the Royal Canadian Mounted Police;
(f)
lands owned and occupied by the City of Prince Albert;
(g)
other commercial, business, industrial, or institutional establishments where
the nature of the undertaking necessitates particular elements of excessive
fortification or excessive protective elements and where such use is
permitted by the Zoning Bylaw of the City or provided such use is otherwise
lawfully permitted, but only to the extent necessary having consideration for
the nature ofthe undertaking;
(h)
a lawfully permitted private dwelling where the nature of the lawful use of the
dwelling necessitates particular elements of excessive fortification or
excessive protective elements, but only to the extent necessary having
consideration for the nature of such use.
4.
Section 3 does not operate to prohibit;
(a)
the use or application of commercially marketed household security devices
designed and applied to provide reasonable fortification and protection from
theft or other criminal activity against the person or property of an individual;
(b)
the use of protective elements such as "laser eye" or other advanced warning
devices on windows or doors of a dwelling house for the purpose of providing
a warning to the occupants of that dwelling house or structure or to dispatch
emergency services personnel where an actual entry into a dwelling house
has occurred;
BYLAW NO. 41 OF 2004
PAGES
(c)
common household alterations or renovations where the location or style of a
door or window may be altered for purely aesthetic reasons and meets local
building code and fire code requirements and have received any permit
required to complete such alteration or renovation.
Enforcement of Bylaw
PART IV
ENFORCEMENT AND INSPECTIONS
5.
The Chief of Police shall:
(a)
administer and enforce this Bylaw within the City; and
(b)
perform any other duties and may exercise any other powers that may be
delegated by Council;
Appointment of Municipal Inspectors
6.
The Chief of Police may appoint any employee or agent of the City as a municipal
inspector for the purpose of enforcing this Bylaw including the Building Supervisor,
Bylaw Enforcement Officer or a Police Officer.
Inspections
7.
(a)
The inspection of property by the City to determine if this Bylaw is being
complied with is hereby authorized;
(b)
Inspections under this Bylaw shall be carried out in accordance with section
324 of The Cities Act;
(c)
No person shall obstruct a municipal inspector who is authorized to conduct
an inspection under this section, or a person who is assisting a municipal
inspector.
Order to Remedy Contraventions
8.
(a)
If an inspector finds that a person is contravening this Bylaw, the municipal ·
inspector may, by written order, require the owner or occupant of the
property to which the contravention relates to remedy the contravention;
(b)
Orders given under this Bylaw shall comply with section 328 of The Cities
Act;
(c)
orders given under this Bylaw shall be served in accordance with section 347
of The Cities Act.
BYLAW NO. 41 OF 2004
PAGES
Registration of Notice of Order
9.
If an order is issued pursuant to section 8, the city may, in accordance with section
328 of The Cities act, give notice of the existence of the order by registering an
interest against the title to the land that is the subject of the order.
Appeal of Order to Remedy
10. (a)
A person may appeal an order made pursuant to section 8 in accordance
with section 329 of The Cities Act;
(b)
Appeals shall be made initially to the Council of the City of Prince Albert.
City. Remedying Contraventions
11. · The City may, in accordance with section 330 of The Cities Act, take whatever
actions or measures are necessary to remedy a contravention of this Bylaw.
Civil Action to Recover Costs
12. The City may, in accordance with section 332 of The Cites Act, collect any unpaid
expenses and costs incurred in remedying a contravention of the Bylaw by civil
action for debt in a court of competent jurisdiction.
Adding Amounts to Tax Roll
13. The City may, in accordance with section 333 of The Cities Act add any unpaid
expenses and costs incurred by the City in remedying a contravention of this
Bylaw to the taxes on the property on which the work was done.
Emergencies
14. In the event that it becomes an emergency to remedy a contravention of this
Bylaw, the City may take whatever actions or measures are necessary to eliminate
the emergency in accordance with the provisions of section 331 of The Cities Act.
PARTV
EXEMPTIONS
15. Any person wishing to make application for partial or complete exemption from the
. provisions of this bylaw shall file with the Chief of Police the following:
BYLAW NO. 41 OF 2004
PAGE7
(a)
any application for partial or complete exemption from any provision(s) of this
bylaw shall be signed and in writing and directed to the Chief of Police;
(b)
complete details of the location of the land, including municipal address,
type, number and nature (residential, commE1rcial, farm), and a -recent survey
of the land and structures shall accompany the application;
(c)
a detailed explanation shall be included of the exemption(s) requested and
the rationale for requesting such an exception(s). This should include details
of proposed fortification or application of protective elements being
considered along with an explanation of how that fortification or application of
protective elements is rationally connected to the purpose for which the
exemption is being sought;
16. All applications will be reviewed by the Chief of Police who may make or direct
further inquiries deemed necessary and relevant and may require the provision of
any additional information that shall be provided at the expense of the applicant,
including, but not limited to:
(a)
requests for further details or documentation from applicant;
(b)
requiring the provision of any further or other documents considered by the
Chief of Police to be necessary ore relevant to the investigation of the
application;
(c)
making inquiries of any department of local, provincial or federal government
considered necessary and/or relevant to the investigation of the application;
(d)
making inquiries and requesting input from local police, fire and ambulance
services, or any other department that may have an interest, issue or
concern with the application.
17. Any decision to authorize a partial or complete exemption will be based on the
results of those inquiries and investigations set out in section 16 and will be based
on consideration of the guiding principles of this bylaw as set out in the preamble.
18. An authorized partial or complete exemption provided to a successful applicant will
reference this bylaw and bear the signature of the Chief of Police.
19. A true copy of any authorization issued under section 18 shall be forwarded
immediately by the Chief of Police to the Building Inspector, Bylaw Enforcement
Officer, Fire Chief and ambulance services.
20.
Upon review of the documentation required or requested pursuantto Sections 15
and 16, the Chief of Police may issue a complete or partial exemption if:
BYLAW NO. 41 OF 2004
PAGES
(a)
the applicant is a person, and
(b)
there is proven to exist a rationale connections between the necessity and
rationale provided for the exemption and the nature and extent of exemption
requested, and
(c)
the nature and extent of authorized exemption does not exceed that which is
rationally proved to be necessary, and
(d)
the necessity of access to emergency services personnel and/or law
enforcement officials is not unreasonably interfered with or limited
considering the need, necessity and rational provided for the exemption.
Offences and Penalties
21.
(a)
No person shall:
PART VI
PENALTIES
i)
fail to comply with an order made pursuant to this bylaw;
ii)
obstruct or hinder any municipal inspector of any other person acting
under the authority of this bylaw; or
(b)
Every person who contravenes any provision of subsection (a) is guilty of an
offence and liable on summary conviction:
i)
in the case of an individual, to a fine not exceeding $10,000 and, in
the case of a continuing offence, to a further fine not exceeding
$2,500 for each day during which the offence continues;
ii)
in the case of a corporation, to a fine not exceeding $25,000 and, in
the case of a continuing offence, to a further fine not exceeding
$2,500 for each day during which the offence continues;
(c)
In the event of non-payment of a fine imposed pursuant to clause (b)(ii), the
individual convicted may be imprisoned for a term of not more than one year,
unless the find is paid sooner.
Court Order- Prohibit Continued Offence
22. The court in which a conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition
of the offence by the person' convicted, and such order shall be in addition to any
other penalty imposed on the person convicted.
BYLAW NO. 41 OF 2004
PAGE9
Unsevered Sections
PART VII
SEVERABILITY
23.
If a court of competent jurisdiction should declare any section of this bylaw, or Part
thereof, to be invalid, such section or Part thereof is deemed severable from this
bylaw and shall not be construed as having influenced Council to pass the
remainder of this bylaw, and it is the intention of Council that the remainder of this
bylaw shall survive and remain in force.
PART VIII
ENACTMENT
24.
This bylaw comes into force on the day it is passed.
READ A FIRST TIME THIS 20th DAY OF
September
READ A SECOND TIME THIS 20th
DAY OF September
, A.D. 2004.
, A.D. 2004.
READ A THIRD TIME AND PASSED THIS 20th DAY OF September
, A.D. 2004.
ACTING Cl
LERK
BYLAW NO. 41 OF 2004
PAGE10