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VILLAGE OF ALIX - BYLAW #389/10
A Bylaw of the Village of Alix to prohibit certain public disturbances.
WHEREAS pursuant to the Municipal Government Act, RSA 2000, the Council of the
Village may pass a bylaw respecting the safety, health, and welfare of people and the
protection of people and property and respecting the people, activities, and things in, on,
or near a public place.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE VILLAGE OF ALIX, IN
THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:
SHORT TITLE
1.
This Bylaw may be cited as the "Public Disturbances Bylaw".
DEFINITIONS
2.
In this bylaw:
(a) "Bullying" means any objectionable or inappropriate comment, conduct or
display by a person:
i) directed at an individual, not of the same household;
ii) which causes or is likely to cause physical or emotional distress.
(b) "Construction Equipment" includes, but is not limited to trenching machines,
concrete mixers, backhoes and similar equipment.
(c) "Development Officer" means a Development Officer appointed by the Village
or his or her designate.
(d) "Disturbance" means the interruption of the peace, quiet and good order of a
neighbourhood or community, including but not limited to unnecessary and
distracting noises.
(e) "Firearm" means a barreled weapon from which any shot, bullet or other
projectile can be discharged and includes, without limitation, a rifle, shotgun,
revolver, pistol and airgun.
(f) "Hazing" means any intentional or reckless act meant to induce physical pain,
humiliation or embarrassment that causes physical or mental discomfort and is
directed against a minor for the purpose of being initiated, introduced into,
affiliated with or maintaining membership in any club, school, athletic team or
other similar group or organization in which minors participate.
(g) "Loiter" means to stand idly around or move slowly about or to linger or spend
time idly.
(h) "Manager" means the Chief Administrative Officer of the Village from time to
time.
(i) "Minor" means an individual under18 years of age.
(j) "Molesting" means to interfere with, annoy or disturb maliciously.
(k) "Peace Officer" means a member of the Royal Canadian Mounted Police, a
Special Constable appointment pursuant to the provisions of the Police Act
(Alberta), or a Bylaw Enforcement Officer of the Village of Alix.
(l) "Person" means an individual or any business or other entity including a Firm,
Partnership, Association, Corporation, Company, or Society but does not
include the Village.
BYLAW #389/10
PAGE 2
(m) "Power Tool" includes any tool powered by an engine, motor, or compressed
air.
(n) "Public Place" means any place including privately and publicly owned or
leased property, to which the public reasonably has or is permitted to have
access, whether on payment or otherwise, within the municipal limits of the
Village of Alix.
(o) "Public Property" means any schoolyard, highway, parkland, public bridge,
road, lane, footway, alley or passage, whether a thoroughfare or not, and
includes any open space to which the public have or are permitted to have
access.
(p) "Quiet Hours" shall mean between the hours of 10:00 p.m. and 7:00 a.m. on
any day.
(q) "Residential District" means any district designated for residential use in the
Village's Land Use Bylaw as amended from time to time.
(r) "Village" means the municipal corporation of the Village of Alix or where the
context permits, means the area within the municipal limits of the Village of
Alix
GENERAL PROHIBITION
3.
Except to the extent permitted by this bylaw, no person shall make, continue, cause
or allow to be made or continued any unreasonably loud, raucous or unusual noise
which annoys, disturbs, injures, endangers or detracts from the comfort, repose,
health, peace or safety of any other person of ordinary sensitivity within the
Village.
4.
Except to the extent permitted, by this bylaw, no person shall permit, suffer or allow
property, real or personal which he owns, occupies or controls, to be used in a
manner such that there emanates there from any unreasonably loud, raucous or
unusual noise which annoys, disturbs, injures, endangers or detracts from the
comfort, repose, health, peace or safety of any other person of ordinary sensitivity
within the Village.
5.
Factors for determining whether a sound is unreasonably loud, raucous or unusual
include, but are not limited to, the following:
(a) proximity of the sound to sleeping facilities, whether residential or commercial;
(b) the time of day or night the sound occurs;
(c) the duration and volume of the sound; and
(d) whether the sound is recurrent, intermittent or constant.
6. No person shall cause a disturbance in or near public property:
(a) by fighting, screaming, shouting, swearing, or using insulting language; or
(b) by molesting any other person.
7. No person unless lawfully authorized shall discharge any firearm within the Village.
8.
No person shall cast, project, or throw any stones, balls of snow or ice, or use any
projectile in any manner, which is dangerous to the public.
9. No person shall urinate or defecate on public property.
10. (a) No person shall commit the act of bullying against another person in any public
place, on public property or in any other place.
(b) No person shall commit the act of bullying against another person through
written or electronic communication.
(c) No person shall commit the act of hazing against a minor in any public place, on
public property or in any other place.
BYLAW #389/10
PAGE 3
11. No person shall by himself or with another person loiter in a public place in such a
manner as to obstruct, hinder or impede:
(a) the free and uninterrupted passage of vehicles, traffic or pedestrians through,
from or to such public place;
(b) access to the entryway of any premises normally used by the public for gaining
entrance to the premises, unless permission is granted by the person in authority
of the property.
12. No person shall loiter on any property where the person in authority of the property
prohibits loitering on the property.
13. Any person shall be deemed to be loitering within the meaning of this bylaw when
he is standing or sitting on any highway, including, without limiting the generality of
the foregoing any sidewalk located thereon or within three feet thereof, and fails to
vacate the area when requested to do so by a peace officer.
14. Any person shall be deemed to be loitering within the meaning of this bylaw when
he is standing or putting his feet on the top surface of any table, bench, planter or
sculpture placed in any public place.
15. When a peace officer finds any person loitering, he may direct such person to cease
such loitering and vacate the area, and any person so directed shall forthwith cease
such loitering and vacate.
16. No prosecution shall be commenced for contravention of the loitering provisions of
this bylaw unless a warning to cease loitering and vacate the area has first been
given by a peace officer or any person in authority of the property.
MOTOR VEHICLES
17. No person shall use or engage in the use of engine retarder brakes within the Village.
18. No person shall allow a motor vehicle engine to remain running in a residential
district or within 500 feet of a residential district for longer than 20 minutes while
the motor vehicle is not in motion.
19. The failure of a person to comply with the provisions of the Traffic Safety Act or
any regulations thereunder regarding:
(a) the prohibition against the use of signaling devices on motor vehicles so as to
make more noise than is reasonably necessary;
(b) the restrictions in the type or use of mufflers and similar equipment;
(c) the prohibition against creating or causing the emission of any loud and
unnecessary noise from a motor vehicle; or
(d) the operation of a vehicle on a highway in a residential district between the hours
of 10:00 p.m. and 7:00 a.m. in a manner that unduly disturbs the residents of that
area is an offence under this Bylaw in addition to and not in substitution for any
offence of which a person may be guilty under the provisions of such Act or the
regulations thereunder.
CONSTRUCTION
20. Unless written permission from a Development Officer is first obtained, no person
shall during quiet hours carry on the construction, repair, alteration, or demolition of
any type of structure including but not limited to hammering, sawing, and the use of
any power tools or construction equipment capable of creating a sound which may
be heard beyond the boundaries of the site on which the activity is being carried on
within the Village.
DOMESTIC
21. No person shall operate construction equipment, power tools, a power lawn mower,
or any snow-clearing device in any residential district during quiet hours.
BYLAW #389/10
PAGE 4
INDUSTRIAL
22. (a) Nothing in this Bylaw shall prevent the continual operation or carrying on of an
industrial activity where the activity is one which:
(i) is a permitted use; or
(ii) is an approved discretionary use;
(b) In the operation or carrying on of an industrial activity, the person operating or
carrying on that activity shall make no more noise than is necessary in the
normal method of performing or carrying on that activity.
SNOW REMOVAL
23. No person shall remove snow from commercial or private property in or adjacent to
a residential district between the hours of 12:00 a.m. and 6:00 a.m. on any day,
without a permit granted by the Development Officer.
EXCEPTIONS
24. This bylaw shall not apply to:
(a) Any person performing work of an emergency nature for the preservation or
protection of life, health, or property, but the onus shall be on the person
performing the work to show that the work was of an emergency nature;
(b) Any act of maintenance or repair being carried out by employees or contractors
of the Village;
(c) Any act of emergency maintenance or repair being carried out by employees or
contractors of any private utility;
(d) The operation of emergency equipment or any emergency vehicle;
(e) A Peace Officer engaged in performing his duty; or
(f) Any activity within the sole jurisdiction of the Government of Canada or the
Province of Alberta.
PERMITS
25.
A Development Officer may issue a permit to a person for the purpose of allowing
noise within a designated area and between designated times. Such permit may be
revoked at any time by the Village Manager.
SEVERANCE
26.
If any section of this Bylaw is found to be illegal or beyond the power of the
Village's Council to enact, such section shall be deemed to be severable from all
other sections of this Bylaw.
PENALTIES
27.
Any person who contravenes any provision of this Bylaw, is guilty of an offence
punishable on summary conviction and is liable:
(a) for a first offence to a fine of $250.00; or
(b) for a second or subsequent offence, to a fine of not less than $500.00 and not
more than $2,500.00.
28.
Where an officer believes that a person has contravened any provision of this
bylaw, he may commence proceedings by issuing a violation ticket in accordance
with the Provincial Offences Procedure Act, R.S.A. 2000, provided however that,
this section shall not prevent any officer from issuing a violation ticket requiring
the court appearance of the defendant or from laying an information instead of
issuing a violation ticket.
BYLAW #389/10
PAGE 5
29.
Each occurrence of a contravention of this Bylaw, or in the case of continuous
contraventions, each day a contravention occurs or continues, constitutes a separate
offence and may be punished separately.
30.
Any person who receives a fine for contravention of Section 10 under this bylaw
may be given the following choices:
(a) Paying the specified penalty pursuant to Paragraph 27; or
(b) At the discretion of the issuing Peace Officer and/or Prosecutor, attending an
educational anti-bullying session and having the charge withdrawn.
REPEAL
31.
This bylaw shall take effect on the date it is passed.
READ a first time this 3rd day of February, 2010.
READ a second time this day of February, 2010.
READ a third time and finally passed this day of
, 2010.
_______________________________
MAYOR
_________________________________
CHIEF ADMINISTRATIVE OFFICER