Minutes & Bylaws

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Meeting Minutes

THE VILLAGE OF MACOUN

MINUTES OF THE SPECIAL COUNCIL MEETING

HELD IN THE MACOUN MUNICIPAL COUNCIL CHAMBERS

Wednesday April 7, 2021

Present: Mayor Suzanne Kuchinka        Councillor Frank Schaefer        Councillor Judy Sovdi        Councillor Dave Schindel        CAO Carmen Dodd-Vicary

Absent: Councillor Vince Martin

1. Call to Order:

Mayor Kuchinka called the meeting to order at 7:01pm.

2. New Business:

MOTION 2021/51 by Sovdi THAT, the 1st reading of Bylaw No. 2-21, A Bylaw to Establish a Volunteer Fire Department in the Village of Macoun, is accepted. Seconded by Schaefer. CARRIED

MOTION 2021/52 by Kuchinka THAT, 2nd reading of Bylaw No. 2-21 is accepted with amendments. Seconded by Sovdi. CARRIED

MOTION 2021/53 by Kuchinka THAT, 3rd reading of Bylaw No. 2-21 take place. Seconded by Schindel. CARRIED

MOTION 2021/54 by Sovdi THAT, the 3rd and final reading of Bylaw No. 2-21 be approved. Seconded by Schaefer. CARRIED.

MOTION 2021/55 by Sovdi THAT, Council approve the newly amended Fire Servicing Agreement to be presented to the current members of the Macoun Fire Service. Seconded by Schaefer. CARRIED

MOTION 2021/56 by Kuchinka THAT, Council accept the amended Firefighter Application to be presented to the current members of the Macoun Fire Service before being made available to the public in and around Macoun. Seconded by Schindel. CARRIED

MOTION 2021/57 by Kuchinka THAT, letter be sent out by administration to all current members on the fire service that Mayor Kuchinka and Councillor Schaefer will attend the next fire meeting to present the newly adopted Bylaw No. 2-21, the newly amended Servicing Agreement and the Firefighter Application and will be available to answer any questions about the documents the members might have. Notification be sent out to Macoun and RM of Cymri residents the day following the fire meeting that applications for members on the Fire Department are now being accepted. Seconded by Schindel. CARRIED

MOTION 2021/58 by Kuchinka THAT, Council approve a contract with Commissionaires South Saskatchewan for services from May 1, 2021 to September 30, 2021 for 2-hour Bi-weekly visits and on call service from October 1, 2021 to April 30, 2022. Commissionaire to communicate with the Village Office by email or phone call. All contraventions of Village Bylaws discovered by the Bylaw Enforcement Office shall be included in the visit report provided by email at the end of each visit, and Council will review and provide direction at their next meeting. Seconded by Schaefer. CARRIED

In camera session started at 9:39pm. CAO left the office for Council discussion.

Out of camera session returned at 9:55pm.

MOTION 2021/59 by Kuchinka THAT, Mayor Kuchinka, with the help of Councillor Sovdi, will draft letters to the Macoun Fire Chief and Deputy Chief asking for an apology to be issued to the CAO and letter drafted to Mr. Vicary asking for an apology to be issued to the Macoun Co-op for the incident that occurred on March 10, 2021. Seconded by Sovdi. CARRIED

3. Adjournment:

MOTION 2021/60 by Kuchinka THAT, meeting is adjourned at 9:57pm. CARRIED.

Bylaws and Policies

The Village of Macoun has a number of Policies

and Bylaws that were developed by Council over time.

These regulations were created to address matters of the

community that at one time or another caused concern

and needed a more permanent way to address them. The

Village has a contract with Commissionaires for Bylaw Enforcement.

BYLAW NO. 1-21

A Bylaw of the Village of Macoun for Licensing Dogs and Cats and Regulating

and Controlling Persons Owning or Harboring Pets

The Council of the Village of Macoun enacts as follows:

1) For the purposes of this Bylaw:

(a) “Pet” means any domesticated or tamed animal kept primarily for a person’s company or entertainment rather than as a working animal, livestock or a laboratory animal and cared for affectionately;

(b) "Dog" or "Cat" includes all species of the animals commonly known as dogs or cats, male or female, spayed or neutered and of every breed or classification or mixture of breeds;

(c) "License Year" means the period from January 1 to December 31 of the same year, both dates inclusive;

(d) "Judge" means a judge of the Provincial Court;

(e) "Treasurer" means the Village Administrator of the Village of Macoun;

(f) "Owner" means any person or persons, partnership, association or corporation owning, possessing, harboring, having charge of or control over any pet, and includes a keeper of a pet;

(g) "Running at Large" means off the premises of the owner when not on a leash held by a person able to control the pet.


2) No dog or cat under the age of six months shall require a license.


3) The annual license fee charged for dogs or cats owned, possessed or harbored by any person while residing in the Village of Macoun, excepting seeing eye dogs, shall be in accordance with the schedule of fees prescribed in Schedule "A" attached to this Bylaw;


4) The owner of every dog or cat shall apply to the Treasurer on or before January 31 of each year for a license to keep such dog or cat within the Village, upon receipt of payment in full, the Treasurer shall issue a license and a tag, when required, for each dog or cat owned by the owner.


5) Every applicant for license for a spayed or neutered dog or cat, shall produce to the Treasurer, at the time of making application, a certificate of a Veterinary Surgeon, that such dog or cat has been spayed or neutered.


6) All license fees to be paid under this Bylaw shall be paid to the Treasurer of the Village, located at the Village Office, 454 Appleton Ave.


7) (a) No owner shall permit any pet to be running at large in the Village of Macoun;

(b) No owner or other person shall use a leash greater than two (2) meters in length on a pet, when such pet is off the premises of the owner, and where a leash greater than two (2) meters in length is used by the owner or any other person, the pet shall be deemed to be running at large. If a retractable leash is used on your dog or cat, you must be able to maintain no greater than a (2) meter length.

(c) If an owner or other person uses a tether long enough that a pet can step off the property boundaries of the owner, the pet shall be deemed to be running at large.


8) No owner or keeper of a dog or cat shall permit their dog or cat on any school grounds, playground or posted area, except when using the dog in question for a guide or "seeing- eye" dog.


9) (a) If a pet defecates on any public or private property, other than the property of its owner, the owner or keeper shall cause such defecation to be removed immediately. If the owner of a pet fails to remove such defecation immediately, the owner shall be in violation of this Bylaw.

(b) Section 9(a) shall not apply to an owner who is a blind person and who is using the dog in question for a guide or "seeing-eye" dog.


10) No owner or keeper shall permit his pet to damage public or private property.


11) Any person teasing, enticing, baiting, poisoning or throwing objects at a pet, within Village limits, shall be in violation of this Bylaw.


12) (a) Any owner whose pet chases any pedestrian, vehicle or any other animal, bitten, attempted to bite, attacked, growled, killed or destroyed any person or any animal in the Village of Macoun, whether on or off leash, is guilty of an offense and liable on summary conviction to the penalties prescribed by this Bylaw.

(b) If a person is convicted of an offense under Section 12(a) of this Bylaw and it appears to the Judge or Justice of the Peace hearing the complaint that the pet is dangerous, the Judge or Justice of the Peace may make an order:

i) directing that the pet be kept by the owner or keeper under proper control; or

ii) directing that the pet be destroyed; or

iii) when a Judge or Justice of the Peace orders that pet be destroyed, he may, by the same order direct the appropriate authority to destroy the pet; in addition to assessing any fine upon conviction.


13) Notwithstanding Section 12 of this Bylaw, where any pet is suspected of having rabies, such pet shall not be killed but shall be secured and isolated for ten days and the matter immediately reported to a Medical Health Officer whose instructions shall be carried out.


14) No owner of a pet shall permit his pet to become a nuisance by barking or howling or emitting other animal sounds outside of the home.


15) (a) Any owner of a dog or cat that has not registered their dog or cat and contravenes any provisions in this bylaw shall receive a fine, no warning will be issued.

(b) Any owner of a dog or cat that has registered their dog or cat and contravenes any provisions of this bylaw shall receive a warning for the first offence and a ticket for any offense thereafter of the same contravention.

(c) Any owner of a pet, other than a dog or cat, that contravenes any provision of this bylaw shall receive a warning for the first offence and a ticket for any offense thereafter of the same contravention.


16) Any owner of a pet within Village limits, who’s pet contravenes a provision of this bylaw, will receive all warnings or tickets issued regardless of whether the owner was present during the contravention of the bylaw.


17) No person is authorized to set up traps within Village limits for the purpose of trapping animals, expect for Village employees.


18) Bylaw No. 5-13 is hereby repealed.

Schedule "A" to Bylaw No. 1-21

Dogs and Cats License Fee

1) All dogs and cats $10.00 / annually

2) All dogs and cats not spayed/neutered $50.00 / first time fee

3) Late payment of license fee $2.50 / per month late


Schedule "B" to Bylaw No. 1-21

The penalty for a person who has contravened the provisions of Sections 7(a)(b)(c), 8, 9(a), 10, 12(a), 14 and 17 shall be:

$300.00 for the first offence

$600.00 for the second offence

$900.00 for the third offence

$900.00 for every recurring offence


A $100.00 discount will be deducted off the penalty fine for a first offense only, if the dog or cat is registered prior to any contravention of Bylaw No. 1-21.


The penalty for a person who contravened the provision of Section 11 shall be:

$500.00 for the first and every recurring offence

A BYLAW TO ESTABLISH A VOLUNTEER FIRE DEPARTMENT IN THE VILLAGE OF MACOUN

BYLAW NO. 2-21

The Council of the Village of Macoun in the Province of Saskatchewan enacts as follows:


INTERPRETATION

1. (a) "Fire Department" means the Volunteer Fire Department established pursuant to this bylaw.

(b) "Unit" means the Fire Department established pursuant to this bylaw.

(c) "Municipality" means the Village of Macoun.

(d) "Fire Equipment" means the fire truck, pumps, hoses, fire suits, and any and all other firefighting equipment or lifesaving equipment owned by and provided by the Village of Macoun for use of the Fire Department in the prevention and control of fires.


SCOPE OF THE BYLAW

2. The Council shall by resolution appoint fire department personnel for the following purposes:

a) to maintain and operate the fire truck for the prevention and extinguishing of fires within the municipality.

b) to control, supervise and manage the vehicles and equipment provided for the department.

c) to ensure to Council's satisfaction that adequate fire protection be provided for the safety and welfare of the municipality.

d) to promote and encourage preventive fire measures in the municipality.

e) to regulate the conduct and assistance of persons present at fires within the municipality.

f) to maintain and operate the firefighting equipment in extinguishing fires outside the municipality, where a request for such service is made by another municipality, urban or rural, or any of its officers after a Mutual Aid Agreement has been signed with the applicable municipalities.


COMPOSITION OF THE FIRE DEPARTMENT UNIT

3. (a) The Fire Department shall consist of a Fire Chief and volunteer firefighters.

(b) The Fire Chief may appoint a Deputy Fire Chief from among the volunteer firefighters with Council’s approval. Any senior member of the Fire Department may take charge in the event both the Fire Chief and the Deputy Fire Chief are absent from a fire.

(c) All members of the Fire Department Unit shall be appointed by Council, and shall sit at the discretion of Council. Council shall accept recommendations for such appointments from the existing Fire Department Chief or members.

(d) The Council shall be given written notice by the Fire Chief of any vacancy occurring within the Fire Department, such notice to be given within ten (10) days of its occurrence.


POWERS, DUTIES AND RESPONSIBILITIES OF FIRE DEPARTMENT AND COUNCIL

4. The Fire Chief and Volunteers shall meet monthly for day to day operational and funding meetings and will meet quarterly for instruction and/or training session(s). Notification shall be provided to Council and the Fire Department by the Fire Chief at least seven (7) days prior to the meetings.

5. The Fire Chief shall report all activities and meetings to Council in writing by the last business day of each month, and shall report any fires occurring within 3 days of the incident. Council shall then issue a service bill for fires attended by the Fire Department.

6. The Fire Chief shall, before the 31st of December of each year, prepare an inventory of all fire equipment of the municipality, and shall indicate on such inventory the working condition of each piece of equipment. One copy of each annual inventory shall be forwarded to Council to be held in the municipal records, and one copy shall be held in the records of the Fire Department.

7. The Fire Chief shall, upon completion of the annual inventory, prepare an operating plan and Capital proposal for the following year, and shall present such annual documentation to the Council before the 28th day of February annually. Upon approval by Council, the plan and proposal shall be included and form part of the Municipal Budget.

8. The Fire Chief shall maintain a list of volunteers who may be called upon by the Fire Department for assistance, in the extinguishing of fires, fire prevention campaigns, fire education and so forth and provide a copy to Council by December 31 of each year.

9. No volunteers shall vote on Fire Department matters unless appointed to the Fire Department by Council.

10. The Fire Department may, by fund raising campaigns, assist Council in the purchase of additional equipment as deemed necessary in the opinion of Council and the Fire Chief.

11. The Fire Chief, and the volunteer firefighters under the supervision of the Fire Chief, shall control, manage and operate the fire equipment as listed in Section 1 within the budgetary allowances approved by Council.

12. The Fire Department shall provide fire fighting and life saving training to all Fire Department members within the budgetary allowances approved by Council.

13. The Fire Department shall not enter into any contracts or lease agreements for service to another municipality. All such contracts and lease agreements must be approved and signed by Council.

14. The Fire Chief shall ensure that all fees, donations and grants to the Fire Department are made payable to the Village of Macoun and that any monies received by the Fire Department appear in the records of the municipality to be used for fire protection. Council shall provide the Fire Chief with an annual accounting of all fire protection revenues and expenditures.

15. Council shall, before approving the municipal budget annually, set aside a portion of municipal revenue for fire protection. Council shall determine; how these revenues are to be used, but shall give due consideration to the National Fire Code regulations, the recommendations of the Provincial Fire Commissioner, the recommendations of the Fire Chief, and to the general financial position of the municipality in arriving at a decision regarding such revenues and expenditures.

16. It shall be the responsibility of the Fire Chief to maintain equipment in working order as provided in the budgetary allowance. The Fire Chief and Council shall hold a special meeting to address emergency repairs to the fire truck or pumping equipment when necessary. If the Fire Chief does notice a matter of emergency that requires Council to address, the Fire Chief shall submit a request to the Village office in writing and Council will arrange a meeting with the Fire Chief to be held within 5 business days of receipt of the request.

17. Council shall ensure that adequate personal injury, death and liability insurance be maintained for the fire department, such coverage to be provided out of the municipal budget for fire protection.

18. Failure to comply with the regulations of this bylaw shall make any or all members of the fire department liable to dismissal from the fire department, entirely at the discretion of Council.

19. Upon dissolution of the Macoun Fire Department, all equipment and assets, including but not limited to trucks, safety gear and all funds, will remain the sole possession of the municipality.

20. Section 8 & 9 of bylaw No. 9 are hereby repealed.

21. Bylaw No. 2/07 is hereby repealed.

22. This Bylaw shall come into force and take effect on the date of approval by the council.

Bylaws of the Village of Macoun

Table of Contents

Please contact Village office to obtain copies of Bylaws

Most Common Bylaws:

3-92 Licensing Bylaw

1-06 Nuisance Bylaw

9-14 Amendment to Nuisance Bylaw

3-11 Noise Bylaw

1-21 Pet Bylaw

10-13 Regulate the Use of Recreational Vehicles Within Village Limits

12-13 Regulate the Traffic and Use of Streets Within the Village

1-17 Amendment to The Traffic Bylaw

2-15 Set Rates for Usage of Village Tractors and Weed Whippers

2-20 To Control the Use of Fireworks Within Village Limits


Council/Employees:

1-08 Administrative Bylaw

4-09 Allow More Councilors on the Village Council

3-16 Regulate the Proceedings of Municipal Council

6-16 Code of Ethics

4-19 Employee Code of Conduct


Fire and Emergency:

2017-1992 Establishment of a Mutual Aid Emergency Measures Organization

9 Respecting Fire Prevention

2-01 Regulate the Burning of Refuse Within the Boundaries of the Village

2-04 To Establish a Municipal Emergency Measures Organization

3-19 To Fix the Rates to Be Charged for Responding to a Call

1-20 To Fix the Fine to be Charged for Use of the Fire Service Pump

2-21 To Establish a Volunteer Fire Department


Water and Sewer:

8-11 Water and Sewer Rates

2-13 Amendment to Bylaw 8-11 Water and Sewer Rates

3-14 Amended Water and Sewer Rates

9-13 Control, Collection, Storage, Treatment and Disposal of Sewage

1-14 Amended Control, Collection, Storage, Treatment and Disposal of Sewage

4-14 To Add Water and Sewer Arrears to Property Taxes

1-18 Maintenance and Management of The Water Works and Sanitary Sewer System

6-14 Amendment to Maintenance and Management of The Water Works and Sanitary Sewer System


Building:

67 Regulate the Filling of Abandoned Basements

7-97 Regulate Buildings Being Moved into The Village

2-05 To Designate a Site as Municipal Heritage Property

2-08 To Establish an Option to Purchase Agreement of Village Lots for Sale

13-13 Provide for The Regulation of Front and Side Yards for Dwelling

7-14 To Regulate Building Construction and Related Activities

1-19 To Amend Bylaw 7-14 The Building Bylaw

2-17 To Provide A Uniform System for The Numbering of Houses

2-18 Notice Before Digging Within Village Limits


Macoun Boards:

73 Gun Club Facility

2-09 Amend Bylaw 73 To Allow Macoun Gun Club to Operate A Recreation Facility

1-12 To Establish a Macoun Parks and Recreation Board

11-13 To Establish A Town Hall Board


Taxes:

2-19 Tax Discount and Penalty

53 Assessment Notices

3-97 To Establish A Fee for The Appeal of An Assessment

2-14 To Establish A Base Tax to Be Levied


Misc:

42 To License Persons Having Billiards, Pool Tables or Bowling Alleys

80 General Penalty Bylaw

7-10 To Amend Bylaw 80 General Penalty Bylaw

2-99 To Control the Disposal of Scrap Tires

4-04 To Provide for Retention and Disposal of Documents

2-06 Public Notice Bylaw

10-11 To Amend Bylaw 79 With Respect to Livestock and Poultry Within Village

8-14 Snowmobile Bylaw

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