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BYLAW 006-2024
BYLAW 006-2024 BEING A BYLAW OF THE TOWN OF ATHABASCA, IN THE PROVINCE OF ALBERTA, TO
ESTABLISH COMMUNITY STANDARDS WITHIN THE BOUNDARIES OF THE TOWN OF ATHABASCA
WHEREAS
the Municipal Government Act, RS.A. 2000, Chapter M-26, as amended, provides that a
Council may pass bylaws respecting:
(i)
The safety, health and welfare of people and the protection of people and property;
(ii)
Nuisances, including unsightly property;
(iii)
People, activities and things in, on or near a public place or place that is open to the
public; and
(iv)
The enforcement of bylaws made under the Municipal Government Act or any other
enactment.
AND WHEREAS
the Weed Control Act, RS.A 2008, Chapter W-5.1, and amendments thereto, allows a
municipality to make certain bylaws and appoint inspectors;
AND WHEREAS
the Municipal Government Act gives the municipalities the power to enact bylaws and impose
fines for contraventions of their bylaws;
AND WHEREAS
the Council of the Town of Athabasca deems it desirable for regulations which affect
neighborhood livability to be located, as much as possible, in one bylaw;
NOW THEREFORE
the Council of the Town of Athabasca, in the province of Alberta, duly assembled, enacts as
follows:
1.
TITLE
1.1.
This Bylaw shall be cited as the 11Community Standards Bylaw".
2. DEFINITIONS and INTERPRETATIONS
2.1.
For the purposes of this Bylaw:
(a)
"Act" shall mean the Municipal Government Act, RS.A. 2000, Chapter M-26, and amendments
thereto;
(b)
"Animal-Proof" shall mean the capability to withstand attempts by domestic animals and wildlife to
tear, pry or open with their claws, teeth and body weight;
(c)
"Automobile Parts" shall include, but not be limited to, any part of a Motor Vehicle or collection of
Motor Vehicle parts;
(d)
"Boulevard" shall have the same meaning as in the Traffic Safety Act, RS.A. 2000, Chapter T-6,
and amendments thereto;
(e)
"Building Materials" shall mean material or debris which may result from or be used in connection
with the construction, renovation, or demolition of any building or other Structure and includes, but is
not limited to wood, gypsum board, roofing, vinyl siding, metal, packaging material, gravel, concrete,
asphalt, containers of Building Materials and any earth, rocks and Vegetation displaced during such
construction, renovation or demolition of any building or other Structure;
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(f)
"Bully" shall mean to engage in verbal or physical abuse, threats, taunts, teasing, name calling or
repeated abusive communication, in person or by any other means of written or electronic
communication which includes but is not limited to video, text, photo or social media, which causes
or is likely to cause physical or emotional distress;
(g) "Condemned Building" shall mean a Structure that has been condemned or has been deemed
unfit for human or animal habitation by Alberta Health Services pursuant to the Public Health Act,
RS.A. 2000. Chapter P-37 Alberta, and amendments thereto;
(h) "Council" shall mean the Municipal Council of the Town of Athabasca;
(i)
"Court" shall mean the Alberta Court of Justice;
G)
"Derelict Building" shall mean a Structure that is:
(i)
In a ruinous or dilapidated condition;
(ii)
Detrimental to the surrounding area or in an unsightly condition as defined by Section 541 (c)(i)
of the Act;
(iii)
In such a state of disrepair as to be no longer suitable for human habitation or business
purposes;
(iv)
Potentially dangerous or that would encourage or allow for trespass or sheltering by
individuals; or
(v)
A hazard to the health and safety of the public;
{k) "Designated Officer" shall mean a Bylaw Enforcement Officer, a Community Peace Officer and the
Council appointed Chief Administrative Officer or that person's designate;
{I)
"Dwelling" shall mean a house, apartment or other place of residence;
{m) "Fence" shall mean a vertical physical barrier constructed to try to reduce sounds or visual intrusion
or to limit unauthorized access;
{n) "Good Repair" shall mean a condition where something is free from significant damage or
detertoration, peeling surfaces, broken, missing or fallen parts, rot, openings which are not secured
against trespassers, infiltration and precipitation, or other visual evidence of a lack of general
maintenance;
(o) "Graffiti" shall mean words, figures, letters, drawings or stickers applied, scribbled, scratched,
etched, sprayed or attached on or to the surface of any Property, Structure, or other thing;
{p) "Industrial Fluids" shall mean gasoline, engine oil, brake fluid, anti-freeze, hydraulic fluid or any
other fluid that would constitute a hazard;
(q)
"Junked Motor Vehicle" shall mean a Motor Vehicle that is:
{i)
Is in a wrecked, partly wrecked, dismantled, partly dismantled, inoperative, unregistered, or
abandoned condition;
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(ii)
Is determined to be not roadworthy; or
(iii)
Does not form part of a business enterprise which deals with such Motor Vehicles in the
ordinary course of its business and has a valid development permit for this use in such a
manner and is in compliance with all the terms and conditions of the permit;
(r)
"Land Use Bylaw" shall mean the Land Use Bylaw of the Town as currently enacted;
(s)
"Lane" shall mean an alleyway intended primarily for access to the rear of a Property located
adjacent to such alleyway;
(t)
"Litter" shall mean to throw, place or deposit Refuse on any private or public land or watercourse
within the Town;
(u)
"Loiter" shall mean to stand or wait around idly or without apparent purpose;
(v)
"Motor Vehicle" shall have the same meaning as defined in the Traffic Safety Act, RSA, 2000,
Chapter T-6, and amendments thereto;
(w)
"Noise" shall include any sound which:
{i)
Unduly or unreasonably interferes with the use or enjoyment of land or Property within the
Town; or
(ii)
Is injurious, harmful, or dangerous to a Person or the safety of a Person;
(x)
"Nuisance" shall mean any use of or activity upon any Property which in the opinion of a Designated
Officer is dangerous to health or has a detrimental impact upon any Person or other Property in the
neighborhood, or which creates an unreasonable interference with the use or enjoyment of other
Property;
(y)
"Occupant" shall mean any Person occupying any Property) or having control over the condition of
any Property and the activities conducted on the Property, whether he is the Owner1 lessee or tenant
of such Property, or whether such Person resides thereon or conducts business thereon;
{z) "Order" shall mean a written order issued by a Designated Officer pursuant to Section 545 or Section
546 of the Act;
{aa) "Owner" shall mean a Person who:
(i)
In the case of land, is registered under the Land Titles Act, RS.A. 2000J Chapter L-4, and
amendments thereto, as the Owner: or
(ii)
In the case of personal Property, is in lawful possession, or has the right to exercise control
over the Property, or is the registered Owner of the Property;
(bb) "Park" shall mean any development specifically designed or reserved for the general public for active
or passive recreational use including:
(i)
All natural and manmade landscaping, facilities, playing fields, and Structures consistent with
the general purposes of public parkland, whether or not such recreational facilities are publicly
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operated or operated by other entities pursuant to arrangements with the public authority
owning the Park;
(ii)
Any land acquired by the Town as an environmental reserve, municipal reserve, school
reserve or public utility lot as defined in the Land Use Bylaw;
(iii)
Any land designated by Council as a Park or recreational area; and
(iv)
Any land developed or designated by the Town as a trail system, including pathways other
than Sidewalks;
(cc) "Pedestrian" shall mean a Person standing or walking, or a Person operating in or on a mobility aid;
{dd) "Person" shall mean any individual, firm, partnership, association, corporation, trustee, executor,
administrator or other legal representative as well as an Owner or Occupant;
{ee) "Pest" shall mean any animal or insect which causes, or could reasonably be expected to cause
annoyance, damage, or injury to any Person, animal or Vegetation;
{ff) "Property" shall include the Structures and the whole or part of any parcel of real property, including
adjacent Boulevards and Sidewalks and all forms of Vegetation or, where the context so requires, a
chattel;
(gg) "Public Place" shall mean any land, whether publicly or privately owned to which members of the
public have access as of right, or by express or implied invitation, whether on payment of any fee or
not;
(hh) "Quiet Hours" shall mean the period beginning at 11:00 p.m. and ending the following day at 7:00
a.m.;
(ii)
"Recreational Vehicle" shall mean a vehicle used or intended for use as a shelter, and without
restricting the generality of the foregoing, includes any motorhome, holiday Trailer, camper, tent
Trailer and any bus or truck converted for use as a Recreational Vehicle and shall include off highway
vehicles as defined in the Traffic Safety Act, RSA, 2000, Chapter T-6, and amendments thereto;
OD "Refuse" shall include junked or disposed of articles, including but not limited to, rubbish, garbage,
garbage bags, paper, packages, containers, bottles, cans, metal, liquid or solid wastes, woods,
metals, tires, broken dishes, tins, glass, rags, wastepaper, cardboard, food containers, food
wrappers, residential furnishings, household appliances, Junked Motor Vehicles, automobile part,
dismantled or inoperativemachinery, animal or human excrement, the whole or part of an animal
carcass or the whole or part of any article, raw or processed material, and all other discarded
materials;
(kk) "Roadway" shall mean any thoroughfare, road, street, trail, avenue, parkway, driveway, viaduct,
land, alley, square, bridge, causeway, trestle way or other place or part of any of them whether
publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage
or parking of Motor Vehicles and includes:
(i)
A ditch, where the ditch lies adjacent to or parallel with the Roadway; and
(ii)
Where a right-of-way is contained between Property lines or between a Property line and one
side of the Roadway, all land between the Property line and the edge of the Roadway, or all
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the land between the Fence and the edge of the Roadway, as the case may be;
(II) "Sidewalk" shall have the same meaning as in the Traffic Safety Act, RS.A. 2000, Chapter T-6, and
amendments thereto;
(mm) "Structure" shall mean any structure, including but not limited to a building, Fence, retaining wall,
scaffolding, shed, portable shack, or other similar types of construction;
(nn)
"Town" shall mean the municipality of the Town of Athabasca;
( oo)
"Trailer" shall mean a vehicle so designed that it:
(i)
May be attached to or drawn by a Motor Vehicle or tractor; and
(ii) Is intended to transport Property or Persons, and includes any vehicle defined by regulation
as a Trailer but does not include machinery or equipment solely used in the construction or
maintenance of Roadways;
(pp) "Unauthorized Motor Vehicle" shall mean a Motor Vehicle which does not have a valid license
plate, registration and insurance certificate;
( qq) "Unsafe" shall mean:
(i)
Dangerous to public safety; or
(ii)
Dangerous to Property;
(rr) "Unsightly" shall mean:
(i)
A Property that is not in keeping with the surrounding properties of similar zoning under the
Land Use Bylaw;
(ii)
A Property that due to its condition or the accumulation of Refuse is detrimental to the use
and enjoyment of the surrounding area or neighboring Properties;
(iii)
A Structure whose exterior shows signs of significant physical deterioration, serious disregard
for general maintenance, upkeep or repair, relative to adjacent lands and land uses or relative
to other lands and land uses that could reasonably be considered to be in the neighborhood,
or which constitutes a Nuisance;
(iv)
Land that shows signs of serious disregard for general maintenance or upkeep, or which
constitutes a Nuisance; or
(v)
Unsightly Property within the meaning of Section 546 of the Act;
(ss) "Vegetation" shall mean the collective plant cover over an area, including but not limited to, trees,
shrubs, bushes and the total of the plant communities of a region;
(tt) "Violation Tag" shall mean a ticket or similar document issued by a Designated Officer, on
behalf of the Town, for the purpose of notifying a Person that an offence has been committed
for which a prosecution may follow;
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(uu} "Violation Ticket" shall have the same meaning as in the Provincial Offences Procedure Act,
RS.A. 2000, c. P-341 and amendments thereto;
(w} "Weed" shall mean plants designated under the Weed Control Act, RS.A 20081 Chapter W-5.
1, and amendments thereto, and dandelions;
(ww} "Weed Inspector" shall mean a Person appointed as a Weed Inspector pursuant to this Bylaw;
(xx} "Yard Material" shall mean any waste material of an organic nature formed as a result of
gardening, horticultural pursuits! or agricultural activities including grassl tree and hedge
cuttings, waste sod and decomposing plants, leaves and weeds;
3.
UNSIGHTLY PROPERTY
3.1. The standards, requirements and prohibitions contained in this Section shall apply to all districts within
the Town.
3.2. No Person shall cause another Person to contravene Section 3.
3.3. No Owner or Occupant shall cause or allow a Nuisance, Unsafe or Unsightly condition to exist on
Property they own or occupy.
3.4. The Owner of any Condemned Building or Derelict Building shall be responsible for covering all door and
window openings in the Structure with a solid piece of wood. The wood must be of a thickness sufficient
to prevent unauthorized entry into the Structure, installed from the exterior, and fitted within the frame of
the opening in a watertight manner.
3.5. No Owner or Occupant shall allow a Condemned Building or Derelict Building to remain in that condition
for a period that exceeds six (6) months1 unless approval has been granted by a Designated Officer.
3.6. An Owner or Occupant may be required to construct a Fence, wait screen, or similar structure to obscure
an Unsightly Property from any Roadway or other Public Place. The construction of the Fence must comply
with the Land Use Bylaw.
3. 7. No Owner or Occupant shall cause or allow the following to accumulate on a Property such that the
accumulation is visible to a Person viewing from outside the Property:
(a} Loose garbage and bagged garbage;
(b)
Bottles! cans, boxes and packaging materials;
(c)
Household furniture and other household goods;
(d)
Parts of disassembled machinery, equipment and appliances;
(e)
Refuse; or
(f)
Yard Material.
3.8. No Owner or Occupant shall cause or allow the accumulation of Automobile Parts on a Property unless
they are contained in a Structure which has been approved by the Town.
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3.9. No Owner or Occupant shall cause or allow the accumulation of Building Materials on a Property, whether
new or used, unless the Owner or Occupant can establish a construction or renovation undertaking is
being carried out on the Property in accordance with any required permits, and that:
(a) The project has begun or the beginning of work is imminent;
(b) The materials found on the Property relate to the project taking place on the Property of a quantity
reasonable to complete the project;
(c)
The work on the project has not been suspended for a period in excess of one hundred and twenty
( 120) days; and
(d)
All Building Materials stored on a Property that are not in contravention of Section 3.9 are stacked or
stored in an orderly manner.
3.10. Notwithstanding Section 3.9, it shall not be an offence to store a small amount of neatly stacked Building
Materials on a Property for basic maintenance.
3.11. Owners and Occupants shall ensure all Refuse is stored in weather-proof and Animal-Proof containers on
the Property.
3.12. No Owner or Occupant shall cause or allow the open or exposed storage of any Industrial Fluids.
3.13. No Owner or Occupant shall cause or allow any appliances to remain on a Property such that the appliance
is visible to a Person viewing from outside the Property unless authorized by the Town.
3.14. Notwithstanding Section 3.13, a refrigerator, freezer or other similar appliance is permitted on the Property
if the appliance is not visible to a Person viewing from outside the Property, in working condition, and
effective measures have been taken to prevent the free opening and closing of the appliance.
3.15. Any Person who chooses to store compost material shall use a properly sealed bin and store it in a manner
that does not create excessive odor that attracts Pests or becomes a Nuisance to humans.
3.16. Any disposal of compost material must be at a site designated for compost disposal.
3.17. No Person may conduct any repair work on a Motor Vehicle, including mechanical repairs, auto body work,
frame repair, collision repair, auto painting or modifications to the body or rebuilding of a Motor Vehicle,
on any Property in a residential district, pursuant to the Land Use Bylaw, unless:
(a)
The activity does not create a Nuisance or Noise;
(b)
There is no escape of offensive, annoying, or noxious odors, fumes, smoke, or sparks from the
Property;
{c) Industrial Fluids and other hazardous material are properly disposed and removed from the Property
and not swept or washed onto a Roadway or down storm or sanitary sewers;
(d) All discarded Automobile Parts and materials are properly stored or disposed of from the Property;
and
(e)
The activity is routine maintenance work done on any Motor Vehicle owned, operated, and registered
in the name of the Owner or Occupant of the Property, provided that all building and fire code
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regulations are met.
3.18. No Owner or Occupant shall allow more than one (1) Unauthorized Motor Vehicle to remain on a Property
and the Unauthorized Motor Vehicle must be either contained within a Structure, which has been approved
by the Town, or covered by a tarpaulin or other device acceptable to the Town, which prevents it from
being seen from any neighboring Properties and Public Places.
3.19. No Owner or Occupant shall park or store a Motor Vehicle, Junked Motor Vehicle, Recreational Vehicle or
Trailer in a front yard of a Property except on or within an area approved for such use pursuant to the Land
Use Bylaw.
3.20. Owners or Occupants shall be allowed to park or store a Motor Vehicle, Recreational Vehicle or Trailer in
a back yard of a Property provided it does not contravene this Bylaw or any other Town Bylaw.
4.
OBLIGATION TO MAINTAIN PROPERTY
4.1. Owners and Occupants shall ensure the following are maintained in Good Repair:
(a)
Fences and their structural members; and
(b)
Structures and their structural members, including foundations and foundation walls, exterior walls
and their components, roofs, windows and casings, doors and frames, protective or decorative
finishes of all exterior surfaces of a Structure or Fence, and exterior stairs, landings, porches,
balconies and decks.
4.2. No Owner or Occupant shall allow a Fence of Structure to become a safety hazard or to encroach on or
project over any Boulevard, Roadway, Sidewalk or Public Place in Town.
5.
BOULEVARDS AND SIDEWALKS
5.1. No Person shall place or leave on or across any part of a Boulevard, Lane, Roadway or Sidewalk a cord
or cable that is capable of transmitting electrical energy unless the cord or cable is secured in a manner
that has been approved by the Town.
5.2. An Owner or Occupant who is required to drive a Motor Vehicle across any Boulevard or Sidewalk for the
purpose of entering a Property, shall have cause to be constructed, in place of a Boulevard or Sidewalk
to be crossed, a concrete crossing of full width thereof, so designed and maintained as to be suitable for
Pedestrians using the Sidewalk and Motor Vehicles using the driveway. No construction of such a driveway
shall commence unless permission for the work has first been obtained from the Town.
5.3. Owners and Occupants shall be responsible for removal of ice and snow from any Sidewalk fronting or
abutting their Property, including private driveway crossings, within the timeframes stated below:
{a) For a Property lying within areas zoned as C-1, C-2, C3 - Commercial, M - Industrial, or I -
Institutional, within twenty-four (24) hours after the end of rainfall or snowfall; or
(b) For a Property not lying within areas zoned as C-1, C-2 or C3 - Commercial, M - Industrial, or I -
Institutional, within forty-eight (48) hours after the end of rainfall or snowfall.
5.4. If a Property is unoccupied or vacant, the Owner shall be responsible for ensuring compliance with Section
5.3.
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BYLAW 006-2024
5.5.
When removing ice or snow from a Property, a Person shall always take proper care and precautions for
the warning and safety of Motor Vehicles and Pedestrians passing.
5. 6. When sweeping or cleaning sidewalks, a Person shall cease operations whenever any Pedestrian is
passing, and shall not sweep any dust, dirt or other material upon or directly in front of any Pedestrian.
5. 7.
No Person shall cause any unauthorized injury to a Sidewalk by striking, picking or cutting the same with
any shovel, pick or other metal instrument or by placing any chemical which may adversely affect the
Sidewalk, whether such Person is engaged in removing ice or snow from such Sidewalk or not.
5.8.
In the course of clearing ice or snow from the public Sidewalks, only the ice or snow from the public
Sidewalk may be placed within the road right-of-way, and no person shall place or cause to be placed any
ice or snow which has fallen on private Property on a developed portion of any Roadway or Sidewalk.
5.9.
On or before the first day of May in each year, the Owner or Occupant of every Property in the Town shall
remove the dirt, sand and gravel that has accumulated during the winter as a result of Sidewalk and
driveway deicing operations and shall leave the Sidewalk in clean condition.
MAINTENANCE OF GRASS, VEGETATION AND WEEDS
6.1.
No Owner or Occupant shall allow grass or Weeds on the Property to exceed a height of fifteen (15)
centimeters.
6.2. An Owner or Occupant shall properly trim and cut back Vegetation so as to prevent the Vegetation from:
(a)
Interfering or obstructing any work done by the Town;
{b) Obstructing any Boulevard, Lane, Roadway or Sidewalk; and
{c) Impairing the visibility at any intersection adjacent to the Property.
6.3.
An Owner or Occupant shall remove and or replace any Vegetation that is dead or diseased.
6.4.
An Owner or Occupant shall remove Vegetation that, due to a deterioration or condition, could be a public
safety hazard.
6.5. An Owner or Occupant shall maintain any Boulevard adjacent to a Property by:
{a) Not allowing grass on the Boulevard to exceed fifteen (15) centimeters in length;
{b) Removing any accumulation of fallen leaves or other debris; and
{c) Replace or reseed dead grass.
7.
OBSTRUCTIONS
7.1.
No person shall place, abandon, throw, or cause to be deposited any soil, dirt , mud, gravel, nails, tacks,
glass, crockery, barbed or other wire, scrap metal, glass, fecal matter or any substance or thing, on any
Boulevard, Lane, Roadway, Sidewalk or Public Place whereby such objects may cause danger, damage
or inconvenience to Motor Vehicles or Pedestrians using said Boulevard, Lane, Roadway, Sidewalk or
Public Place, or may cause an Unsightly condition.
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7.2.
No person shall leave any food merchandise cart within any Roadway or right-of-way.
7.3.
Any Person placing or causing any obstruction to be placed in or upon any Boulevard, Lane, Roadway,
Sidewalk or Public Place, contrary to the provisions of this Bylaw, shall remove or cause the removal of
such obstruction immediately.
7.4.
No Person shall allow a Motor Vehicle or equipment normally engaged in excavating and earthmoving, to
leave mud, gravel or other materials from the excavation site, or elsewhere, on any Boulevard, Lane,
Roadway, Sidewalk or Public Place in such quantity that removal becomes necessary. The Town may
take actions to remedy the contravention upon discovery or public complaint.
8.
CONSTRUCTION, DEMOLITION AND RENOVATION SITES
8.1.
No Owner or Occupant of a Property on which there is construction, demolition or renovation shall allow
the Property to contravene any Section of this Bylaw.
8.2.
The Owner or Occupant of a Property under construction, demolition or renovation is to ensure the site is
kept in a reasonable condition so as not to constitute a Nuisance condition.
8.3.
An Owner or Occupant of a Property under construction, demolition or renovation shall ensure Building
Materials or debris on the Property are removed or contained and secured in such a manner that prevents
such Building Materials or debris from being blown off or scattered from the Property.
8.4.
An Owner or Occupant of a Property under construction, demolition or renovation shall not pile or store
any Building Materials or debris related to the construction, demolition or renovation on a Boulevard, Lane,
Roadway, Sidewalk or any Property owned by the Town or other Owners without written permission to do
so.
8.5.
An Owner or Occupant of a Property under construction, demolition or renovation shall ensure that any
waste materials are placed in a container of a design to prevent the material from being blown away from
the Property.
9.
EXCAVATIONS
9.1.
No Person shall break, tear or remove any planking, pavement, Sidewalk, curbing, concrete, cement or
other Roadway surface, nor make any excavation in or under any Boulevard, Lane, Roadway or Public
Place in the Town without first having obtained authorization to do so from the Town; such work shall be
done under the direction of the Town, and under the same direction be replaced, relayed and made good
by the parties interested in such work, and not continue any longer than is absolutely necessary, or beyond
the time limit of authorization.
9.2.
Where a Person is engaged in any aforesaid works on, in or under any Boulevard, Lane, Roadway,
Sidewalk or Public Place, they shall be held responsible for any and all accidents or damages that may
occur to any Person or Property by reason thereof, keep and maintain such lights or watchmen, and take
such further care and precaution as may be necessary for the protection and safety of the public, which
shall at least include a light at each separate opening, and a light for each twenty (20} feet or part of twenty
(20} feet in length of any and every excavation on or opening in the Boulevard, Lane, Roadway, Sidewalk
or Public Place.
9.3.
A Person who makes any excavations or opening in any place to which the public has access shall place
protective fences or barricades around such openings or excavation, sufficiently light the same and take
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such precautions, as may be necessary in the opinion of the Town, to ensure the protection and safety of
the public.
9.4.
No Person shall plow, dig up, take, carry away or in any way interfere with earth, gravel, sand, turf, soil or
grass on any Boulevard, Lane, Roadway or Public Place in the Town, or from any vacant lot belonging to
the Town, without first having obtained permission from the Town.
10.
NUISANCE ESCAPING A PROPERTY
10.1. In making a determination with respect to an offence under this Section, a Designated Officer, acting in
reasonable manner, will take into consideration any or all of the following factors:
(a)
The frequency of the activity;
(b)
The intensity and duration of the activity;
(c)
The time of day orseason;
(d)
The nature of the surrounding area;
( e)
The effect of the thing or activity on a complainant; and
(f)
The effect of the thing or activity on the surrounding area.
10.2. With respect to outdoor lighting:
(a)
No Owner or Occupant of a Property shall allow an outdoor light to point or shine directly into the
living or sleeping areas of an adjacent Dwelling.
(b)
An outdoor light shall not constitute a violation if the Owner or Occupant of the Property shields the
light from pointing or shining directly at the living or sleeping areas of an adjacent Dwelling.
(c)
No Owner or Occupant shall allow an outdoor light to shine in a manner which will interfere with the
effectiveness of a traffic control device, operation of a Motor Vehicle or the proper use of a Lane,
Roadway or Sidewalk.
(d)
Where an outdoor light is expressly permitted or required pursuant to the Land Use Bylaw, a
development permit or a similar approval; the Land Use Bylaw, development permit or similar
approval shall take precedence over this Bylaw, and the light shall not constitute a violation.
10.3. With respect to flyers and debris:
(a)
An Owner or Occupant shall ensure that articles such as papers, flyers and loose debris are collected
and contained on the Property so that they do not escape onto adjacent or other neighboring
Properties or Public Places.
(b)
An Owner or Occupant is responsible for papers and flyers on their Property regardless of whether
they solicited for the delivery of such papers or flyers.
(c)
No Person responsible for the operation of a business engaged in the distribution of commercial
flyers shall allow the deposit of their commercial flyers on a Property where signs or notices have
been posted indicating that such material is not desired.
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11. PLACARDS, POSTERS AND PLAYBILLS
11.1. No Person shall cause or allow to be posted or exhibited, any sign, placard, playbill, poster, writing, or
picture on any Town owned Property, Fence, Park, or Structure, without written permission of a Designated
Officer
11.2. A Designated Officer is authorized to remove and destroy any sign, placard, playbill, poster, writing, or
picture erected without permission.
11.3. A Person shall comply with directives as posted on any sign placed by the Town.
11.4. No Person shall deface, destroy, damage or remove any sign that the Town has placed or erected within
the Town.
12. GRAFFITI
12.1. No Person shall create or apply Graffiti except at a site that has been designated by the Town.
12.2. Every Owner or Occupant of a Property shall ensure that any Graffiti placed on their Property is removed,
painted over or otherwise permanently blocked from public view.
12.3. Notwithstanding Section 12.2, signs, street painting, street art, graphic art, murals and other similar artwork
on Properties, Sidewalks, Structures and other specified areas may be allowed where the Owner has
granted consent and where sanctioned and authorized by the Town in accordance with any applicable
bylaws of the Town including any relevant provisions of the Land Use Bylaw.
13. NOISE CONTROL
13.1. This Section does not apply to work or activities carried out by the Town or by a contractor carrying out
the instructions of the Town.
13.2. In determining if a sound is reasonably likely to annoy or disturb the peace of others, consideration may be
given, but is not limited to:
(a) Type, volume and duration of the sound;
(b) Time of day and day of week;
(c)
Nature and use of the surrounding area; and
( d) Any other relevant factor.
13.3. With respect to prohibited noise:
(a)
No Person shall make, cause, continue to cause or allow to be made any loud, unnecessary or
unusual noise which either annoys, disturbs, injures, endangers or detracts from the comfort, repose,
health, peace or safety of other Persons within the Town.
(b)
No Person shall allow Property belonging to them or under their control to be used so that there
occurs thereon or emanates from, a loud, unnecessary or unusual noise which either annoys,
disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other
Persons within the Town.
CJt .1'(6
CAO
Mayor
BYLAW 006-2024
(c)
Except to the extent used in connection with the activities expressly permitted by this Bylaw, unless
written permission from the Town is first obtained, no Person shall use, operate or allow to be used
or operated any tools, machinery, or equipment so as to create a noise, or disturbance which may
be heard on another Property during Quiet Hours.
(d)
Except to the extent permitted by this Bylaw, no Person shall:
(i)
Disturb the peace and quiet of another Person by causing or creating excessive noise within
the Town at any time;
(ii)
Disturb the peace by causing or creating excessive noise within the Town during Quiet Hours;
or
(iii)
Operate sound amplifying equipment from any Property, Park or other Public Place so as to
unduly disturb Persons in a residential district.
(e)
Where an activity, which is not specifically prohibited or restricted by any provision of any legislation
or regulations of Canada or of the Province of Alberta or by any provision of this Bylaw, involves
creating or making a sound which becomes, creates or produces or may create or produce a
disturbance or annoyance to other people or a danger to the comfort, repose, health, peace or safety
of others, a Person engaging in such a manner is to create as little of such sound as practicable
under the circumstances.
13.4. With respect to construction noise:
(a)
Unless permission from the Town is first obtained, no Person shall carry out any construction,
demolition or renovation operations which involve hammering, sawing or the use of any mechanical
tools or equipment capable of creating a sound, which may be heard beyond the boundaries of the
site on which the activity is being carried out, during Quiet Hours.
13.5. Notwithstanding Section 13, the following shall not constitute a violation:
(a)
A Person may operate a snow clearing device powered by an engine for the purpose of commercial,
industrial and institutional removal of snow and ice from parking lots, Lanes, Roadways and
Sidewalks following a snowfall or rain, subject to the authority of a Designated Officer to withdraw
this relaxation on a site specific basis.
(b)
A representative of any provider of a public utility while performing construction, maintenance or work
on a public utility.
(c)
Activities under the sole jurisdiction of the Federal or Provincial Government.
(d)
Emergency vehicles.
14. PUBLIC BEHAVIOUR
14.1. No Person shall Litter. A person who has Littered shall immediately remedy the contravention.
14.2. A Person who contravenes Section 14.1 shall be guilty of an offence despite removal of whatever caused
the contravention.
14.3. No Person shall use blasphemous, abusive or grossly insulting language, or shout or otherwise make any
loud noises in a manner as to create a disturbance in any Public Place.
eL Lf_g
CAO
Mayor
BYLAW 006-2024
14.4. No Person shall urinate or defecate in a Public Place other than in a restroom designated for use by the
public.
14.5. No person shall injure Vegetation on any Boulevard, Park or Public Place in Town.
14.6. No person shall climb, cut, break, tear down or interfere with any telephone, signal service, fire alarm, or
electric wire or pole, lamps, lamp posts, towers or poles connected with the lighting, telephone, transit,
signal service of fire protection systems of the Town, in or upon any Boulevard, Lane, Roadway, Sidewalk
or Public Place thereof; except that duly authorized officials in the discharge of their official duties may
take down and re-erect any of the above listed.
14. 7. No person shall paint, chalk, stencil, or mark any advertisement, legend or sign of any kind whatsoever on
any Town owned Lane, Roadway, Sidewalk or pavement unless authorized by a Designated Officer.
14.8. No Person shall participate in a fight or other similar physical confrontation in any Public Place.
14.9. No Person shall be a member of an assembly of three or more Persons in any Public Place where a
Designated Officer has reasonable grounds to believe the assembly will disturb the peace of the
neighborhood, and any such Persons shall disperse immediately as requested by a Designated Officer.
14.10. No Person shall Loiter and thereby create a Nuisance with any other Person in any Public Place.
14.11. No Person shall cast, project or throw any stones, balls of ice or snow, other missiles or objects in any
manner in a Public Place, which may be dangerous to the public.
14.12. No Person shall use any bow and arrow, catapult or other such device in a Public Place.
14.13. No Person shall commit the act of Bullying against any Person in any Public Place.
14.14. No Person shall encourage any Person to commit the act of Bullying to any other Person.
15. ORDER TO COMPLY
15.1. If a Designated Officer believes, on reasonable and probable grounds, that a Person is contravening any
provision of this Bylaw, the Designated Officer may issue a written Order, requiring the Person responsible
for the contravention to remedy it.
15.2. An Order issued by a Designated Officer may:
(a)
Direct a Person to stop doing something, or to change the way in which the Person is doing it;
(b)
Direct a Person to take any action or measures necessary to remedy the contravention and, if
necessary, to prevent a reoccurrence of the contravention;
(c)
State a time within which the Person must comply with the directions; and
(d)
State that if the Person does not comply with the directions within a specified time, the Town will take
the actions or measures necessary to remedy the contravention at the expense of the Person or
Property Owner.
ue_/(
CAO
Mayor
BYLAW 006-2024
15.3. An Order issued pursuant to Section 15 may beseived by:
(a)
Delivering it personally to the Person;
(b)
Leaving it for the Person at their apparent place of residence with someone who appears to be at
least eighteen (18) years of age;
(c)
Mail, addressed to the Person at their apparent place of residence or at any address for the Person
on the tax roll of the Town or at the Land Titles registry; or
( d)
Posting it in a conspicuous place on a Property referred to in an Order if in the opinion of a Designated
Officer, seivice of an Order cannot be reasonably affected, or if a Designated Officer believes a
Person is evading seivice and shall be deemed to be seived upon the expiry of three (3) days after
the Order is posted.
15.4. When an Order pertains to a contravention relating to Property, the Owner of the Property shall be advised
that they have fourteen (14) days from the date of receipt of an Order for its compliance or such other
period of time as may be appropriate or provided in this Bylaw.
15.5. Notwithstanding Section 15.4, Council may, by resolution, upon receipt of written notice from the Owner
of a Property, extend the fourteen (14) day period at its discretion.
15.6. Should an Owner fail to comply within the time allowed in an Order, the Town may enter the Property to
take whatever actions necessary to remedy the contravention. The costs incurred by the Town to remedy
the contravention will be invoiced to the Owner and will be amounts owing to the Town. If the invoice is
not paid in the time specified by the Town, the costs may be charged against the Property as a special
assessment to be recovered in the same manner as other taxes.
16.
INSPECTIONS
16.1. A Designated Officer is authorized to enter, upon giving reasonable notice as required under the Act, any
Property to inspect for conditions that may contravene the provisions of this Bylaw.
16.2. No Person shall prohibit or interfere with a Designated Officer conducting an inspection authorized under
Section 16.1.
17. APPEALS
17 .1. A Person who receives an Order to comply with a section of this Bylaw, issued pursuant to the Act may
by written notice within 14 days after the date the Order is received, request that the Town review the
Order by filing a request for review pursuant to and in accordance with Section 547 of the Act.
17.2. A request to review an Order shall be in writing and shall set out:
(a)
The name and address of the appellant;
(b)
A copy of the Order in respect of which the review is requested;
(c)
The legal description or civic address of the Property affected; and
(d)
The grounds for the request.
P-L /f/2
CAO
Mayor
BYLAW 006-2024
17.3. A request to review an Order shall be accompanied by an administrative fee of fifty dollars ($50.00).
17.4. After reviewing the Order, Council may confirm. vary, substitute or cancel the Order.
17.5. In the event Council rules in favor of the Person requesting the review and determines the Order will
be cancelled, the administrative fee shall be fully refunded.
18. OFFENCES AND FINES
18.1. Any Person who contravenes any provision of this Bylaw or fails to comply with an Order made under
Section 15, is guilty of an offence and is liable to a specified fine for that offence as set out in Schedule
"A".
18.2. Any Person who commits a second or subsequent offence within one ( 1} year of committing a first offence,
is liable for double the fine amount set out in Schedule 11A11
, for that offence. Any Person who commits a
third or subsequent offence within one (1) year of committing a first offense is liable to a fine determined
by the Court pursuant to a mandatory court appearance, not to exceed $10,000.00.
18.3. An offence, which is of a continuing nature, shall be deemed a different offence for each day the
contravention of this Bylaw continues.
18.4. The imposition of a Violation Ticket or a summary conviction in Court shall not relieve any Person so
fined of any costs incurred in having work performed by the Town where authorized by this Bylaw.
18.5. If it should be determined that a Person has contravened a Section of this Bylaw for which there is
no voluntary fine prescribed in Schedule
0A", the Person shall be liable to a voluntary fine of one
hundred and twenty-five dollars ($125.00) for the first offence. A second or subsequent offence of the
same section shall be pursuant to Section 18.2.
19. VIOLATION TAGS
19.1. A Designated Officer is hereby authorized and empowered to issue Violation Tags to any Person
whom a Designated Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
19.2. A Violation Tag pursuant to Section 19.1 may be issued by:
(a} Delivering it personally to the Person;
(b)
Placing a copy of the Violation Tag on the vehicle; or
(e) Mail, addressed to the Person at their apparent place of residence or at any address for the Person
on the tax roll of the Town or at the Land Titles registry.
19.3. A Violation Tag shall be in a form approved by the Town and shall state:
(a} The name of the Person;
(b} The offence;
(c) The appropriate fine for the offence as specified in Schedule "A",
tZe-_&
CAO
Mayor
BYLAW 006-2024
(d) That the penalty shall be paid within fourteen (14) days of the issuance of the Violation Tag; and
(e) Any other information that may be required by the Town.
19.4. Where a Violation Tag is issued pursuant to this Bylaw, the Person to whom the Violation Tag is issued
may, in lieu of prosecution of the offence, pay the Town the specified fine set out on the Violation Tag.
20. VIOLATION TICKETS
20.1. In those cases where a Violation Tag has been issued and the fine specified on the Violation Tag has not
been paid within the prescribed time, a Designated Officer is hereby authorized and empowered to issue
a Violation Ticket.
20.2. Notwithstanding Section 20.1, a Designated Officer is authorized and empowered to immediately issue a
Violation Ticket to any Person who a Designated Officer has reasonable and probable grounds to believe
is responsible for a contravention of this Bylaw.
20.3. A Violation Ticket issued with respect to a contravention of this Bylaw shall be served upon the Person
responsible for the contravention in accordance with the Provincial Offences Procedure Act, and
amendments thereto.
20.4. The Person to whom the Violation Ticket has been issued may plead guilty by making a voluntary payment
in respect of the summons by delivering to the Court, on or before the initial appearance date, the Violation
Ticket together with an amount equal to the specified fine for the offence as provided for in Schedule "A".
20.5. When a clerk of the Court records the receipt of a voluntary payment pursuant to Section 20.4 and the
Provincial Offences Procedure Act, the act of recording constitutes acceptance of the guilty plea and also
constitutes a conviction.
21. VICARIOUS LIABILITY
21.1. The Owner of a Property shall be responsible for all activities on their Property which may constitute
contravention of this Bylaw.
21.2. When a Designated Officer believes, on reasonable and probable grounds, that a contravention of
this Bylaw has been committed by:
(a) An employee of a business or corporation, that business or corporation shall be deemed to have
committed the offence for which its employee has committed.
(b) An Occupant of a Property, the Owner of the Property shall be deemed to have committed the
offence for which the Occupant of the Property has committed.
(c)
A Motor Vehicle or Trailer, notwithstanding if it is registered or not, the registered Owner as
shown in the registries database shall be deemed to have committed the offence.
21.3. Nothing in this section shall relieve any other Person from responsibility for compliance with this Bylaw,
nor limit the Town from enforcing against any other Person that violates any provision of this Bylaw.
22. LIABILITY
22.1. Nothing in this Bylaw relieves a Person from complying with any federal or provincial law or regulation,
- ,.<8
CAO
Mayor
BYLAW 006-2024
other bylaw or requirements of any lawful permit.
22.2. Where this Bylaw refers to another act, bylaw, regulation, or agency; it includes reference to any act,
bylaw, regulation or agency that may be substituted.
22.3. The Town, Designated Officers or any Person who inspects any Property under this Bylaw or any Person
who performs any work on behalf of the Town to remedy a contravention is not liable for any damages
caused by the inspection or any actions necessary to remedy a contravention.
22.4. The Town is not liable for not taking an action under this Bylaw.
23. SEVERABILITY
23.1. If at any time, any provision of this Bylaw is declared or held to be illegal, invalid or ultra vires, in whole or
in part, then the provision shall not apply, and the remainder of this Bylaw shall continue in full force and
effect and be construed as if it had been enacted without the illegal, invalid or ultra vires provision.
BYLAWS 16-94, 12-95, 11-00 AND 010-2018 AND ANY AMENDMENTS THERETO ARE HEREBY REPEALED.
THIS BYLAW SHALL TAKE FULL FORCE AND EFFECT UPON DATE OF FINAL READING.
READ FOR A FIRST TIME THIS 3RD DAY OF SEPTEMBER, A.O. 2024
READ FOR A SECOND TIME THIS 17rH DAY OF SEPTEMBER, A.O. 2024
f!£.. /<&
CAO
Mayor
BYLAW 006-2024
READ FOR A THIRD TIME THIS 5m DAY OF NOVEMBER, A.D. 2024
£dL
CAO
Mayor
BYLAW 006-2024
SCHEDULE "A"
OFFENCE FINES
SECTION
DESCRIPTION OF OFFENCE
3.2
Cause another Person to Contravene Section 3
3.3
Cause or allow a Nuisance, Unsafe or Unsightly Condition
3.4
Failure to cover door or window opening in a Condemned
Building or Derelict Building
3.5
Allow a Condemned Building or Derelict Building to remain
in that condition in excess of six (6) months
3.6
Fail to obscure an Unsightly Property
3.7
Cause or allow accumulation of material
3.8
Cause or allow accumulation of Automobile Parts outside of
a Structure
3.9
Cause or allow accumulation of Building Materials
3.11
Fail to properly store Refuse
3.12
Cause or allow open Storage of Industrial Fluid
3.13
Cause or allow visible appliances on Property
3.15
Fail to properly store compost
3.17
Repair Motor Vehicle in residential district
3.18
Cause or allow more than one (1) Unauthorized Motor
Vehicle
3.18
Fail to properly store an Unauthorized Motor Vehicle
3.19
Park a Motor Vehicle, Junked Motor Vehicle, Recreational
Trailer or Trailer in front yard
4.1
Fail to maintain a Fence or Structure in Good Repair
4.2
Allow a Fence or Structure to become a safety hazard
FIRST
OFFENCE
$250.00
$500.00
$500.00
$500.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
$250.00
SPECIFIED FINE
SECOND
THIRD
OFFENCE
OFFENCE
$500.00
COURT
APPEARANCE
$1,000.00
COURT
APPEARANCE
$1,000.00
COURT
APPEARANCE
$1,000.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
$500.00
COURT
APPEARANCE
eL .&
CAO
Mayor
BYLAW 006-2024
5.1
Cross Boulevard, Lane, Roadway or Sidewalk with a cord or
$250.00
$500.00
COURT
cable capable of transmitting electrical energy
APPEARANCE
5.2
Fail to construct crossing of Boulevard or Sidewalk
$250.00
$500.00
COURT
APPEARANCE
5.3
Fail to remove ice or snow from a Sidewalk within the
$250.00
$500.00
COURT
applicable timeframe following a rainfall or snowfall
APPEARANCE
5.5
Fail to take proper care and precautions when removing ice
$250.00
$500.00
COURT
or snow from a Sidewalk
APPEARANCE
5.6
Fail to cease Sidewalk sweeping or cleaning operations
$250.00
$500.00
COURT
when a Pedestrian is passing by
APPEARANCE
5.7
Cause injury to a Sidewalk
$250.00
$500.00
COURT
APPEARANCE
5.8
Place ice or snow from private Property on a developed
$250.00
$500.00
COURT
portion of a Roadway or Sidewalk
APPEARANCE
5.9
Fail to remove dirtJ sand or gravel from a Sidewalk prior to
$250.00
$500.00
COURT
the first day of May
APPEARANCE
6.1
Allow grass or Weeds to exceed a height of fifteen { 15)
$250.00
$500.00
COURT
centimeters
APPEARANCE
6.2
Fail to trim and cut back Vegetation
$250.00
$500.00
COURT
APPEARANCE
6.3
Fail to remove or replace Vegetation that is dead or
$250.00
$500.00
COURT
diseased
APPEARANCE
6.4
Fail to remove Vegetation that could be a public safety
$250.00
$500.00
COURT
hazard
APPEARANCE
6.5
Fail to maintain a Boulevard
$250.00
$500.00
COURT
APPEARANCE
6.6
Fail to destroy a restricted or prohibited Weed
$250.00
$500.00
COURT
APPEARANCE
7.1
Cause or allow a danger, damage or inconvenience on a
$250.00
$500.00
COURT
Boulevard, Lane, Roadway, Sidewalk or Public Place
APPEARANCE
7.2
Cause or allow a food merchandise cart within a Roadway
$250.00
$500.00
COURT
right-of-way
APPEARANCE
7.3
Cause or allow an obstruction to be placed in or upon any
$250.00
$500.00
COURT
Boulevard, Lane, Roadway, Sidewalk or Public Place
APPEARANCE
Cause or allow a Motor Vehicle or equipment to leave mud,
COURT
7.4
gravel or other materials on a Boulevard, LaneJ Roadway)
$250.00
$500.00
APPEARANCE
Sidewalk or Public Place
8
Cause or allow a contravention on a Property that is under
$250.00
$500.00
COURT
construction or renovation
APPEARANCE
9.1
Cause or allow unauthorized excavation
$250.00
$500.00
COURT
APPEARANCE
1fL a
CAO
Mayor
BYLAW 006-2024
9.2
Cause or allow an unsafe excavation of any Boulevard,
$250.00
$500.00
COURT
Lane, Roadway, or Public Place
APPEARANCE
9.3
Cause or allow an Unsafe excavation site
$250.00
$500.00
COURT
APPEARANCE
Cause upheaval of ground on a Boulevard, Lane, Roadway
COURT
9.4
or Public Place in the Town, or from any vacant lot
$250.00
$500.00
APPEARANCE
belonging to the Town
10
Cause or allow a Nuisance to escape a Property
$250.00
$500.00
COURT
APPEARANCE
11.1
Cause or allow an unauthorized sign, placard, playbill,
$250.00
$500.00
COURT
poster, writing or picture
APPEARANCE
11.3
Fail to comply with directives of a sign permitted by the
$250.00
$500.00
COURT
Town
APPEARANCE
11.4
Deface, destroy, damage or remove a sign permitted by the
$250.00
$500.00
COURT
Town
APPEARANCE
12
Cause or fail to remove Graffiti
$250.00
$500.00
COURT
APPEARANCE
13.3
Cause or allow a prohibited Noise
$250.00
$500.00
COURT
APPEARANCE
13.4
Cause or allow construction noise during Quite Hours
$250.00
$500.00
COURT
APPEARANCE
14.1
Littering
$250.00
$500.00
COURT
APPEARANCE
Use blasphemous, abusive or grossly insulting language, or
COURT
14.3
sing or shout in a boisterous manner as to create a
$250.00
$500.00
APPEARANCE
disturbance in any Public Place
14.4
Urinate or defecate in a Public Place other than in a
$250.00
$500.00
COURT
restroom designated for use by the public
APPEARANCE
14.5
Cause Injury to Vegetation on any Boulevard, Park or
$250.00
$500.00
COURT
Public Place
APPEARANCE
Climb, cut, break, tear down or interfere with any telephone
14.6
wire, electric wire, transit signal service, fire alarm, lamp,
$250.00
$500.00
COURT
tower or the poles connected with these, in or upon any
APPEARANCE
Boulevard, Lane, Roadway or Public Place
14.7
Paint chalk, stencil, or mark any advertisement, legend, or
$250.00
$500.00
COURT
sign without authorization.
APPEARANCE
14.8
Participate in a fight or other similar physical confrontation in
$250.00
$500.00
COURT
any Public Place
APPEARANCE
14.9
Cause or allow an unauthorized assembly of Persons in a
$250.00
$500.00
COURT
Public Place
APPEARANCE
14.10
Loitering
$250.00
$500.00
COURT
APPEARANCE
_ff_
CAO
Mayor
BYLAW 006-2024
14.11
Cast, project or throw any stones or balls of ice, snow or
$250.00
$500.00
COURT
other missiles or objects in any manner in a Public Place,
APPEARANCE
14.12
Use any bow and arrow, catapult or other such device in a
$250.00
$500.00
COURT
Public Place
APPEARANCE
14.13
Commit the act of Bullying against any Person
$250.00
$500.00
COURT
APPEARANCE
14.14
Encourage any Person to commit the act of Bullying to any
$250.00
$500.00
COURT
other Person
APPEARANCE
f?:l-&.
CAO
Mayor