Administrative Monetary Penalties

Administrative Monetary Penalties

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Content - City Hall - Bylaws - Enforcement - AMP

On Aug. 11, 2020, Council approved the use of Administrative Monetary Penalties (AMPs) to more effectively address nuisance behaviours across the city. The use of AMPs was introduced in light of the COVID-19 pandemic and the risk that the kinds of gatherings that result in complaints could pose to the community.

Authorized under section 434.1 of the Municipal Act, the AMP process means that fines under the Nuisance Party and Noise Bylaws can now be issued and resolved directly through the City. The City has worked closely with Kingston Police and KFL&A Public Health to develop this approach.

On Jul. 13, 2021, Council approved the expanded use of AMPs to a variety of City Bylaws. The purpose of the expansion is to provide an expedited resolution for bylaw violations and reduce the number of minor violations processed through the Provincial Offences Court system.

How does this differ from the standard process?

Normally, fines issued under City Bylaws are permitted by Provincial Offences Act and are processed by the Provincial Offences Court system.

Those who receive a ticket under the Provincial Offences Act may request a trial in the Provincial Offences Court.  Operations at the provincial level have been suspended with no set date to resume due to the pandemic and a significant backlog is expected. AMPs have been found to be an effective alternative to the court system for processing minor by-law violations and in cases where delayed adjudication may encourage continued non-compliance.

The AMP process is similar to the current process for municipal parking infractions. Under the AMP process:

  • Those who are alleged to have contravened the bylaw receive a penalty notice, instead of a Provincial Offences Act ticket.
  • They may appeal to a screening officer. If not satisfied by the decision, they may take the matter to an external Hearing Officer, The decision of the Hearing Officer is final, and there is no further level of appeal.

Kingston Police and Municipal Enforcement Officers will still be able to issue fines through the standard process, meaning that a fine under a City bylaw may still result in a Part One Court Summons.

Administrative Monetary Penalties Fees

Penalty Amount
Host, Conduct, Sponsor a Nuisance Party Offence (per contravention)  $2000
Noise Bylaw Offence – Amplified Music  $200
Noise Bylaw Offence – Yelling, Screaming, Shouting, Hooting and Hollering  $100
Administrative Penalty Fee – Failing to appear for a review by the Screening Officer $54.65
Administrative Penalty Fee – Failing to appear for a hearing before the Hearings Officer $109.30
Administrative Penalty Fee – Failing to pay the AMP by the date on which it is due  $27.30
Failure to comply with an emergency order under bylaw 2020-068 $2000
Obstructing an Officer $500
Hearing Officer Appeal $200
Screening Officer Appeal $50
Set out Unacceptable Items on its own or mixed with any Waste for which the City provides a collection service. $75
Permit the setting out of waste prior to 5:00 p.m. $50
Fail to remove receptacle or items refused for collection prior to 8:00 p.m. $50
Interfere with waste set out for collection $75
Throw, place or deposit any waste refuse or debris on any property of the City or any local board thereof, or on any Private Property without the authorization of the Owner or Occupant of that property $200
Deposit waste on public property $75
Permit waste to be deposited on public property $75
Set out waste for collection at prohibited location $75
Permit the Setting Out of Waste prior to 4:30 p.m. in Special Collection Area. $50
Fail to remove any Receptacle, or any items refused for collection prior to 9:30 a.m. daily in Special Collection Area. $50
Permit the setting out of more Garbage per Eligible Property per Scheduled Collection Day without each excess Garbage Receptacle has a Garbage Bag Tag affixed to it. $50
Deposit or allow the depositing of Waste outside the gate or entrance to a Waste Management Facility. $200
Interfere with waste at a waste management facility $50
Keep livestock or poultry on ineligible property $100
Fail to immediately remove feces left by dog $75
Permit/cause dog to be public nuisance - persistent barking or howling, damage to public or private property, scatter garbage or interfere with waste management activities, swimming at public beach, swimming or wading pool $100
Permit/cause dog to be public nuisance - chase persons, vehicles, domestic animals, livestock, poultry, hens or other animals kept on an agricultural property $100
Allow an animal to remain outdoors in extreme weather without adequate protection from elements $300
Allow an animal to be tethered unattended on public property longer than 15 minutes $100
Allow an animal to be tethered unattended on private property without meeting conditions $150
Cause/permit dog/livestock/poultry/hen to be at-large $100
Fail to comply with off-leash dog park regulation $100
Cause/permit dog or cat to trespass $100
Fail to comply with an Animal Control Order - dog bite/attack $300
Fail to comply with an Animal Control Order - non-permitted species $500

Bylaw Enforcement Officers also enforce the Water Bylaw. For a list of fines and penalties associated with contravening the Water Bylaw, please see  Utilities Kingston’s Water Bylaw and Fines and Penalties page.

Content - City Hall - Bylaws - Enforcement - AMP lower

Receive a ticket?

How to pay

In-person

  • City Hall Payment Centre - 216 Ontario Street 
  • Building and Enforcement - 1211 John Counter Boulevard

By mail

Mail your penalty notice with a cheque payable to the City of Kingston to:

Building and Enforcement Services
1211 John Counter Boulevard
Kingston, ON K7K 6C7

How to request a review

Sign up/log in to MyKingston to complete your application online and ensure we can fulfill your request effectively.

Request a Review

Require an alternate format? You can Contact Us.

About the appeal process

The AMP appeal process consists of the following steps:

Review by a Screening Officer

Your right to request a review or an extension for a review expires if it has not been exercised before 4:30 p.m. on the 15th day after receipt of the Penalty Notice. If confirmation is not received, it is assumed you have waived the right to request a review. The Administrative Penalty shall be  affirmed and will not be subject to review, including review by any Court.

No extension granted under this section will extend beyond the 42nd day after receipt of the Penalty Notice.

Your rights, to request a review and an extension to request a review, are exercised by giving the City a written notice that includes:

  • The Penalty Notice Number;
  • Your mailing address and, if applicable, facsimile transmission number and/or email address;
  • When requesting an extension to request a review, include the reasons for having failed to exercise the right to request a review within the time limit;
  • Particulars of all grounds upon which the request to review is based; and
  • Your choice to:
    • Meet with a Screening Officer for the review; or to
    • Have the review undertaken by a Screening Officer in writing in respect of the particulars you have provided.
  • Before submitting your request form, pay the $50 Screening Officer appeal fee. This fee is payable:
    • In-person - City Hall Payment Centre, 216 Ontario Street, open Monday-Friday from 8:30 a.m. to 4:30 p.m. (cash, credit or debit accepted)
    • In-person - 1211 John Counter Boulevard, open Monday-Friday from 8:30 a.m. to 4:30 p.m. (cash, credit or debit accepted)
    • By telephone - 613-546-4291 ext. 1240, Monday-Friday from 8:30 a.m. to 4:30 p.m. (credit only)

After you submit your review request and pay the fee, the Screening Officer will reach out to you via email when they are ready to review your file.

Meeting a Screening Officer virtually

When you elect to meet with a Screening Officer, you shall be given notice of the date and time of the review.

If you fail to appear at the time and place scheduled for a review, or fail to remain there until the Screening Officer has made a Screening Decision about the Administrative Penalty,

  • You shall be deemed to have abandoned the request for the review;
  • The Administrative Penalty shall be deemed to be affirmed will not be subject to review, including review by any Court;
  • You shall pay to the City an additional fee – Screening No-Show.

Role of the Screening Officer

The screening officer may:

  • Extend the time to request a review;
  • Receive submissions from the officer who issued the Penalty Notice under review; and
  • Cancel, reduce, or extend the time for payment of the Administrative Penalty and any associated administrative fees  where the Screening Officer is satisfied that doing so would maintain the general intent and purpose of the Designated Bylaw and that:
    • There is reason to doubt that you contravened the Designated Bylaw; or that
    • You took all reasonable steps to prevent the contravention; or that
    • The cancellation, reduction or extension of the time for payment is necessary to relieve undue financial hardship.

The Screening Officer must issue a Screening Decision to you in writing.

Appealing the Screening Decision to the Hearings Officer

The right to appeal is limited to:

  • Those who have been giving a Screening Decision; and
  • The Director.

Your right to appeal expires if it has not been exercised before 4:30 p.m. On the 15th day after the Screening Decision Date.

Your right to request an extension to appeal expires if it has not been exercised as outlined below before 4:30 p.m. on the 15th day after the Screening Decision Date, at which time:

  • You shall be deemed to have waived the right to appeal;
  • The Screening Decision and the Administrative Penalty, as it may have been affected by the Screening Decision, shall be deemed to be affirmed; and
  • The Screening Decision and the Administrative Penalty, as it may have been affected by the Screening Decision, shall not be subject to review, including review by any Court.
  • No extension granted will extend beyond the 42nd day after the Screening Date.

Contact - General - Bylaw Enforcement