Bylaws With Membership In Hillsborough
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FAQ
Byelaws generally require something to be done – or not to be done – in a particular location. They are accompanied by a sanction or penalty for non-observance. Offences against byelaws attract a penalty fine which can, at present, only be enforced through the Magistrates' Courts.”
Municipal bylaws are often enforceable through the public justice system, and offenders can be charged with a criminal offence for breach of a bylaw.
Under the Local Government Bylaw Notice Enforcement Act, local governments may establish a bylaw notice adjudication system. This administrative system is an alternative to the provincial court for resolving minor local government bylaw contraventions such as parking tickets.
By-laws may be used to set principles for decision-making and to provide for specific rules and regulations, accompanied by offences and penalty clauses. By-laws can also set procedures for the application of authorisations and approvals from the municipality, for example.
Drafting bylaws is usually the responsibility of the Chief Administrative Officer (CAO) or a person delegated that function. There are resources available, such as: (a) Have your municipal solicitor prepare bylaws. (b) Contact your municipal association for a sample bylaw if one is available.
Generally, byelaws are overseen by the relevant government department or confirming authority who has policy responsibility for the subject matter. Byelaws are enforced by the local authority through the magistrates' court and contravening a byelaw can result in a fine upon successful conviction.
