Bylaw No. 822, 2009 Princeton Deer Feeding Bylaw

TOWN OF PRINCETON

BYLAW NO. 822, 2009

A Bylaw to prohibit the feeding of deer within the Town of Princeton

WHEREAS pursuant to the Community Charter, Council may regulate, prohibit and impose requirements respecting the feeding or attracting of members of the family Cervidae primarily deer.

THEREFORE BE IT RESOLVED that the Council of The Town of Princeton in open meeting assembled, enacts as follows:

PART 1: TITLE

1. This Bylaw may be known and cited for all purposes as “Town of Princeton Deer

Feeding Bylaw No. 822, 2009”.

PART 2: DEFINITIONS

2. In this Bylaw unless the context otherwise requires;

“Bylaw Enforcement Officer” means a pers on or persons designated or appointed from time to time by Council to enforce the bylaw or bylaws generally;

“Council” means the municipal council of the Town of Princeton;

"deer" means any indigenous member of th e deer family common to North America, either male, female or offspring;

"feed" means to give, place, expose, deposit, distribute, or scatter any food or other substance with the intention of feeding, attracting or enticing deer;

"natural" means food or other substances c onsumed by deer produced by, or existing in nature, not artificial;

“Town” means the Town of Princeton;

PART 3: PROHIBTIONS OF FEEDING

3. No owner or occupier of land within the To wn of Princeton shall intentionally feed,

cause to be fed or provide or make av ailable food or other substances for the consumption by deer within the Town of Princeton, either on private property or on public property.

PART 4: EXEMPTIONS

4. This Bylaw shall not apply to any natural product that is growing on a particular land

owned or occupied where feeding of deer is occurring.

PART 5: INSPECTIONS

5. Bylaw Enforcement Officers of the Town are hereby authorized to enter at all

reasonable times upon any property within th e Town for the purpose of ascertaining whether the regulations under this Byla w are being observed, or whether a requirement of the Town is being met.

PART 6: OFFENCES AND ENFORCEMENT

6. Every person who violates any provision of this Bylaw, or who permits, suffers or

allows any act to be done in violation of a ny provision of this Bylaw, or who neglects to do anything required to be done by any provision of this Bylaw, commits an offence punishable upon summary conviction a nd is subject to a fine not less than $250 and not more than $10,000.00.

7. Each day that a violation exists or is permitted to exist is deemed to be a separate

offence against this Bylaw.

8. This Bylaw may be enforced by means of a ticket in the form prescribed for the

purpose of section 264 of the Community Charter.

9. Pursuant to section 264(1)(b) of the Community Charter, Bylaw Enforcement Officer

are designated to enforce this Bylaw.

10. Pursuant to section 264(1)(c) of the Community Charter, the words or expression in

Column 2 of Schedule “A” to this Byla w designate the offence committed under the Bylaw section number appearing in Co lumn 1 opposite the respective words or expression.

11. Pursuant to section 265(1)(a) of the Community Charter, the fine amount in Column 3

of Schedule “A” to this Bylaw is the fine amount that corresponds to the section number and words or expression set out in Columns 1 and 2 opposite the fine amount.

12. Council hereby delegates the authority to refe r any disputed tickets to the Provincial

Court to the Town’s Chief Administrative Officer and to Bylaw Enforcement Officer.

13. Any person who violates any of the provisi ons of this Bylaw, or who suffers or

permits any act or thing to be done in contravention of any provision of this Bylaw, or who neglects to do or refrains from doi ng anything required to be done by any provision of this Bylaw is guilty of an of fence, and, each day that a violation is caused or allowed to continue shall constitute a separate offence.

14. Every person who commits an offence unde r this Bylaw shall be liable on summary

conviction to the penalty prescribed in the Offence Act.

PART 7: SEVERABILITY AND REPEAL

15. If a court of competent jurisdiction finds a ny part, section or subsection of this Bylaw

to be invalid or unenforceable, the impugne d part, section or subsection shall be severed from the remainder of the Bylaw and the remainder of the Bylaw shall remain valid and in force.

16. The Town of Princeton Deer Feeding Bylaw No.756 is hereby repealed.

READ A FIRST TIME this 7 th day of December, 2009

READ A SECOND TIME THIS 7

th day of December, 2009

READ A THIRD TIME THIS 7

th day of December, 2009

ADOPTED this 21 st day of December, 2009

_______________________ ______________________________________

MAYOR CHIEF ADMINISTRATIVE OFFICER

Randy McLean Patrick Robins

SCHEDULE “A”

FINE SCHEDULE

Fines for tickets issued pursuant to the bylaw shall be as follows:

Description of offence Section # Amount of Fine

Intentionally feed deer 3 $100.00