• 8.3 Despite section 8.2, where the Person convicted is a corporation:

  1. the maximum fine in subsection 8.2(a) is $50,000; and,

  2. the maximum fine in subsection 8.2(b) is $100,000.

• 8.4 Where a Person has been convicted of an offence, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty imposed by this By-law, make an order prohibiting the continuation or repetition of the offence by the Personconvicted.

• 8.5 Where the repair, alteration, change or removal of lighting is a matter of extreme urgency so as to be a danger to the public, or motorists or any other situation deemed to be dangerous, the Enforcement Officer may give notice verbally and may reduce the period within which, in his/her sole discretion, is adequate, taking into account the circumstances at the time the notice is given.

• 9. LIABILITY

  • 9.1   Any Person installing or maintaining any Luminaire or illumination device on whose property a Luminaire or illumination device is located, shall be liable for such light device. The City is hereby indemnified against all losses, damages, claims, actions, demands, suits, costs and interest arising directly or indirectly from the erection, maintenance, removal or falling of such light device or part thereof and anything done in connection with the performance of, outside of, or contrary to this By-law and whether or not in accordance with the City’s standards, inclusive of anything done on the public highway or other City or public property.

• 10. SEVERABILITY

  • 10.1 Should any part, section, subsection or portion of this By-law be repealed or declared by a court of competent jurisdiction to be illegal, the same shall not affect the validity of the By-law as a whole or in part thereof, except for that which was declared to be invalid.

  • 10.2 In the event there is a conflict with this By-law and any other bylaw this By-law will prevail.

• 11. EFFECTIVE DATE

  11.1 This By-law shall take effect upon the date of its passing and shall be called the "Nuisance Lighting By-law".

ENACTED AND PASSED this 12th day of December, 2012 Signed by: Hazel McCallion, Mayor and Crystal Greer, City Clerk