One infraction should equal one fine, councillor argues

A Fort Erie councillor has asked staff to look at ways to end what she calls an unfair practice that can see multiple fines handed out for a single infraction.

Ann-Marie Noyes received support at the August 24 council meeting from her fellow councillors on a motion directing staff to review the administrative monetary penalty system (AMPS) and alter how fines are laid through the system to properties with multiple registered owners.

Currently, owners of such properties can each receive their own fine, increasing the total penalty over a similar situation for a property that only has one owner.

“It only makes sense to me that if there’s one contravention there should be one fine,” Noyes said.

Widely used by Ontario municipalities, AMPS provides a streamlined way for towns and cities to issue fines, reducing the need for court hearings. The system can be used for minor infractions like parking tickets or property standards violations.

Noyes’ motion states the current system of sending fines to every registered owner “reflects the manner in which the town’s Administrative Monetary Penalty System was structured when enacted and is not a legislative requirement imposed by the Province of Ontario.”

And while changes to the system won’t come right away, her motion requests staff to report back to council this fall on options for council to consider that would lead to a single penalty “per contravention notice regardless of the number of registered owners.”

Those options could include tiered or conditional penalty structures, maximum penalties for a single contravention or alternative collection and liability mechanisms where property owners would share liability for a single penalty notice.

She said under a new system all the owners should still get a notice of infraction, but only one fine.

With the AMPS process, fines can be appealed and Noyes said it was her understanding that in most cases where there are multiple property owners an appeal is successful. However, that takes time, potentially legal costs, and Noyes said every individual owner would have to appeal to have their fine knocked back.

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