C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 69 Disposition versions

1993-12-17

1990-10-01

1982-07-11

0001-01-01

69. The Council may impose, for each infringement of the provisions of any by-law within its competence, either a fine with or without costs, or imprisonment.

When the penalty imposed is a fine, with or without costs, the by-law may provide for the imprisonment of the offender failing payment of the amount of the condemnation within the delay prescribed by the court, but the imprisonment shall cease upon payment of such amount.

Save where otherwise provided by this act, the fine shall in no case exceed one hundred dollars nor shall the imprisonment last longer than sixty days.

However the Council, in cases of several infringements of the same provision of one of the by-laws hereinabove mentioned committed by the same person within a period of twelve months, may impose a fine not exceeding the following limits:

(a)  for a second infringement, not less than one hundred dollars and not more than five hundred dollars;

(b)  for any subsequent infringement, not less than five hundred dollars and not more than one thousand dollars.

The costs above mentioned shall include in all cases the costs connected with the execution of the judgment.

Nevertheless, whenever, instead of a fixed penalty, a by-law provides either a maximum and minimum penalty or a maximum penalty only, the court may, at its discretion, impose, in the first instance, such penalty as it sees fit within the limits of such maximum and such minimum, and, in the second instance, such penalty as it sees fit up to the extent of such maximum.

1969, c. 84, s. 69.