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BYLAW 1024-22
COMMUNITY STANDARDS BYLAW
Adopted October 25, 2022
AMENDED BY BYLAW 1053-24
COMMUNITY STANDARDS AMENDING BYLAW
Adopted April 23, 2024 (Effective June 1, 2024)
AMENDED BY BYLAW 1068-25
TRAFFIC SAFETY BYLAW AMENDING BYLAW
Adopted January 14, 2025 (Effective April 1, 2025)
AMENDED BY BYLAW 1106-26
COMMUNITY STANDARDS AMENDING BYLAW
Adopted May 12, 2026 (Effective June 1, 2026)
Bylaw 1024-22
Page 1
BYLAW #1024-22
The City of Beaumont Community Standards Bylaw
The Municipal Government Act, R.S.A. 2000, c. M-26 (MGA), authorizes a council to pass
bylaws for municipal purposes respecting the safety, health and welfare of people and
the protection of people and property;
The MGA authorizes a council to pass bylaws for municipal purposes respecting nuisances,
including unsightly property;
Council believes the regulation of nuisances through a Community Standards Bylaw would
benefit the community as a whole;
The MGA authorizes a council to pass bylaws for municipal purposes respecting people,
activities and things in, on or near a public place or a place that is open to the public;
The MGA authorizes a council to pass bylaws for municipal purposes respecting the
enforcement of bylaws made under the MGA or any other enactment;
Council deems it desirable for all regulations which affect community standards to be
located, as much as possible, in one Bylaw;
Section 66(2) of the Safety Codes Act, R.S.A. 2000, c. S-1, authorizes a Council to pass
bylaws respecting minimum maintenance standards for buildings and structures and
unsightly or derelict buildings or structures; and
Therefore, Council enacts:
PART I - DEFINITIONS AND INTERPRETATION
Definitions
1
In this bylaw:
(a)
"Boulevard" means that part of a highway that:
(i)
is not a roadway; and
(ii)
is that part of the sidewalk that is not especially adapted to
the use of or ordinarily used by pedestrians, and includes
the undeveloped road allowance adjacent to a laneway;
(b)
"Bully or Bullying" means the intentional, repeated, and hostile
or demeaning behaviour of an individual or group based on, but
not limited to, ability, race, religious belief, ethnicity, age,
gender, or sexual orientation/identity, either directly or
indirectly, through any medium whatsoever, where the
behaviour results in physical, emotional, or mental harm, fear,
or distress to one or more individuals, and includes Cyber
Bullying;
Bylaw 1024-22
Page 2
(c)
"Business" means a commercial, merchandising, institutional or
industrial activity or undertaking, a profession, trade,
occupation, calling or employment, or an activity providing
goods or services and includes any activity carried on by an
educational institution, municipality, or charitable organization;
(d)
"Cannabis" has the meaning given to that term in the Cannabis
Act, S.C. 2018, c. 16;
(e)
"CAO" means the Chief Administrative Officer of the City or their
delegate;
(f)
"Child" means any person less than twelve (12) years of age;
(g)
"City" means the City of Beaumont;
(h)
"Cyber Bullying" means the use of electronic communication or
any other media to Bully a person or group;
(i)
"Designated Alcohol Consumption Area" means any area
approved by Council and identified through signage where
liquor may be consumed;
(j)
"Graffiti" means words, letters, symbols, marks, figures,
drawings, inscriptions, writings, or stickers that are applied,
etched, sprayed, painted, drawn, stained, scribbled, or
scratched on a surface without the consent of the property
owner, and for greater certainty does not include anything
authorized by law;
(k)
"Graffiti Instruments" means a tool used for the purpose of
creating Graffiti;
(l)
"Highway" has the same meaning as in the Traffic Safety Act,
R.S.A. 2000, c. T-6 and amendments thereto;
(m)
"Indecent Act" means sexual or lewd activity in a Public Place;
(n)
"Loiter" means to linger aimlessly in or about a public place or
to stand idly around or dawdle creating an obstruction by
rendering impassable any street, road, sidewalk, or other area
of public passage;
(o)
"Minor" means a person under the age of eighteen (18) years of
age;
(p)
"MGA" means the Municipal Government Act RSA 2000, Chapter
M-26 and amendments thereto;
Bylaw 1024-22
Page 3
(q)
"Motor Vehicle" has the same meaning as in the Traffic Safety
Act, R.S.A. 2000, c. T-6 and amendments thereto;
(r)
"Municipal Tag" means a tag or similar document issued by the
City pursuant to the MGA;
(s)
"Liquor" has the meaning set out in the Gaming, Liquor and
Cannabis Act, R.S.A. 2000, c. G-1, and amendments thereto;
(t)
"Occupy" means residing on or to be in apparent possession or
control of Property;
(u)
"Own" means:
(i)
in the case of land, to be registered under the Land Titles
Act, R.S.A. 2000, c. L-4, as the owner of the fee simple
estate in a parcel of land; or
(ii)
in the case of personal property, to be in lawful possession
or have the right to exercise control over it or to be the
registered owner of it;
(v)
"Panhandling" means to ask for a gratuitous donation of money,
food, or goods of any kind, whether by spoken or printed word,
or bodily gesture, but does not include the solicitation of
charitable donations allowed or authorized pursuant to the
Charitable Fundraising Act, R.S.A. 2000, c. C-9, or any other
legislation permitting the solicitation of charitable donations;
(w)
"Peace Officer" means any sworn member of the Royal
Canadian Mounted Police, a Peace Officer or Community Peace
Officer appointed under the Peace Officer Act, S. A. 2016, c. P-
3.5 and amendments thereto and employed by the City or a
Bylaw Enforcement Officer employed by the City.
(x)
"Person" means any individual, firm, partnership, association,
corporation, trustee, executor, administrator or other legal
representative;
(y)
"Property" means in the case of land, a parcel of land including
any buildings;
(z)
"Public Place" means any place or any part of a building,
structure, or other enclosed area to which members of the
public have access as of right or by express or implied
invitation;
(aa)
"Public Vehicle" means a bus, taxi, or other vehicle that is used
to transport members of the public for a fee;
Bylaw 1024-22
Page 4
(bb)
"Residence" means a place used wholly or partly by a person as
a permanent private dwelling, including a structure or land
adjacent to the private dwelling that is used for the convenience
or enjoyment of the occupants of the dwelling;
(cc)
"Sidewalk" means that part of the highway especially adapted
to the use of or ordinarily used by pedestrians and includes that
part of a highway between the curb line or, where there is no
curb line, the edge of the roadway, and the adjacent property
line whether it is paved or unpaved;
(dd)
"Smoke or Smoking" mean to inhale, exhale, burn, or have
control over a lighted cigarette, cigar, pipe, hookah pipe, or
other lighted or heated device or apparatus designed to burn or
heat tobacco, cannabis, shisha or any other weed or substance
for the purpose of inhaling or tasting its emissions, as well as
the emissions themselves;
(ee)
"Temporary Residence" means a tent that is set up in an area
where overnight camping is legally permitted or a recreational
vehicle or other vehicle that is parked in an area where
overnight camping is legally permitted; and for clarity, shall not
include any area outside of a tent, recreational vehicle, or other
vehicle located in a legally permitted campsite;
(ff)
"Violation Ticket" means a ticket issued pursuant to the
Provincial Offences Procedures Act, R.S.A. 2000, c. P-34;
(gg)
"Wildlife" means non-domesticated animals, or an animal that is
wild by nature and living in its natural habitat, but does not
include feral cats or birds; and
(hh)
"Workplace" includes the whole or any part of a building,
structure, vehicle, or passenger conveyance in which a business
is carried on but excludes any part which constitutes public
space or is a private residence.
Interpretation
2
The following rules apply to interpretation of this bylaw:
(a)
headings, titles, and margin notes in this bylaw are for ease of
reference only;
(b)
gender-specific words, phrases, and references are intended to
be gender-neutral, and the singular includes the plural as the
context requires;
(c)
every provision of this bylaw is independent of all other
Bylaw 1024-22
Page 5
provisions and if any provision of this bylaw is declared invalid
by a Court, all other provisions of this bylaw remain valid and
enforceable; and
(d)
references to bylaws and enactments in this bylaw include
amendments and replacement bylaws and enactments, and
regulations and orders thereunder.
PART II - PUBLIC BEHAVIOURS
Littering
3
A Person shall not leave any garbage, litter, or other refuse in a
Public Place, except in a receptacle designated and intended for
such use.
Flyers
4
A Person shall not place, deposit, or throw upon or into any Motor
Vehicle any leaflet, pamphlet, poster, handbill, flyer, or any paper
containing printed or written matter, whether advertising or not,
with the exception of Municipal Tags or Violation Tickets issued
pursuant to lawful authority.
5
A Person shall not deposit any leaflet, pamphlet, poster, handbill,
flyer, or any paper containing printed or written matter, whether
advertising or not, on a Property where signs or notices have been
posted and are clearly visible at the entrance to the Property,
indicating that such material is prohibited or not wanted.
Urination and
Defecation
6
A Person shall not urinate or defecate in a Public Place or on
Property except in a facility designated and intended for such use.
Spitting
7
A Person shall not spit at or on any Person or in any Public Place.
Dangerous Actions
8
A Person shall not throw or propel an object, or act in any other
way, in a Public Place that is reasonably likely to cause injury to
another Person, damage to Property, or damage to any Person's
personal property.
9
No Person shall threaten or intimidate another Person in a Public
Place, or use an object for the purpose of threatening or
intimidating another Person in a Public Place.
Causing a
Disturbance
10 No Person located in a Public Place shall disturb the peace and
enjoyment of other members of the public by:
(a)
screaming, shouting, or using loud, abusive or obscene
language;
(b)
being intoxicated by alcohol or another drug or substance; or
(c)
performing an Indecent Act.
Bylaw 1024-22
Page 6
Interference with
Property
11 No person shall damage, destroy, deface, tamper, or otherwise
interfere with any Property or a Person's personal property.
12 No Person shall stand or put their feet on the top of a table or
surface of any table, bench, planter, sculpture, or other fixture in a
Public Place.
Fighting
13 A Person shall not participate in a fight or other similar physical
confrontation in a Public Place; this prohibition does not apply to
participants of an event held under the authority of a sporting
commission established pursuant to ss. 535.1 of the MGA to the
extent that such event is in full compliance with any regulations or
requirements established by the sporting commission.
Bullying
14 No Person shall Bully any person in any Public Place.
15 No Person shall participate in or encourage by verbal or other
means the Bullying of any person in any Public Place.
16 No parent or guardian of a Child shall allow, permit, or encourage a
Minor or Child under their care to engage in the Bullying or Cyber
Bullying of another person or group of persons.
Alternative Dispute
Resolution
17 Nothing in this Bylaw shall prevent a Peace Officer from directing
that an offence under this Bylaw be considered for alternative
dispute resolution, as administered by the City from time to time.
Loitering
18 A Person shall not Loiter in a Public Place.
Panhandling
19 A person shall not engage in Panhandling.
Graffiti
20 A Person shall not create or apply Graffiti.
21 If a Peace Officer has a reasonably held belief that a Person is in
possession of Graffiti Instruments for the purpose of creating or
applying Graffiti, the Peace Officer may direct that the Person leave
the area or surrender the Graffiti Instruments to the Peace Officer.
Failure or refusal to follow the directions of a Peace Officer
constitutes an offence under this Bylaw.
22 Every Person who Owns or Occupies Property shall ensure that
Graffiti placed on their Property is removed, painted over, or
otherwise permanently blocked from public view within seventy-two
(72) hours or as directed by a Peace Officer.
Bylaw 1024-22
Page 7
PART III - PROPERTY MAINTENANCE AND NUISANCE
Definitions
23 In this Part:
(a)
"Building" includes anything constructed or placed on, in, over,
or under land whether or not it is affixed to that land;
(b)
"Construction Debris" means waste resulting from the
construction, demolition, or renovation of any Building or
structure, and includes, but is not limited to, lumber, drywall,
concrete, asphalt, vinyl siding, insulation, shingles, metal,
packaging materials and containers of construction materials;
(c)
"Construction Material" means materials to be used in current
or future construction, demolition, or renovation of any
Building, structure, fence or any constructed thing, and
includes, but is not limited to, lumber, drywall, concrete,
asphalt, vinyl siding, insulation, shingles, and metal;
(d)
"Construction Site" means a site on which construction,
development, demolition, or renovation is occurring;
(e)
"Nuisance" means any use of or activity on land which
unreasonably interferes with a Person's use and enjoyment of
Property or demonstrates a disregard for the general
maintenance and upkeep of Property to produce a material
annoyance, inconvenience, or discomfort to other Persons,
whether it is detrimental to the surrounding area, some
examples of which include, but are not limited to, the following:
(i)
excessive accumulation of material, including but not limited
to: building materials, appliances, household goods, boxes,
tires, vehicle parts, garbage or refuse, whether of any
apparent value or not;
(ii)
loose litter, garbage, construction debris or refuse whether
located in a storage area, collection area or elsewhere on
the land;
(iii)
damaged, dismantled or derelict vehicles or Motor Vehicles,
whether insured or registered, or not;
(iv)
smelly or messy compost heaps;
(v)
grass or weeds higher than 20 centimeters;
(vi)
production of excessive dust, dirt or smoke;
(vii)
production of any generally offensive odours;
(viii)
any open structure or container placed in, on or over land
which exposes any surrounding area to automotive fluids,
including but not limited to, engine oil, brake fluid or anti-
freeze;
(ix)
use of any pesticide or herbicide which has significant
Bylaw 1024-22
Page 8
detrimental or environmental effects on surrounding areas;
(x)
any tree, shrub, other type of vegetation or any structure:
(1) that obstructs any Sidewalk adjacent to the land;
(2) that encroaches onto or covers any Sidewalk;
(3) that impairs the visibility required for safe traffic flow at
any intersection adjacent to the land or access to the
land; or
(4) that has any rot or other deterioration;
(xi)
the failure to destroy prohibited weeds, control noxious
weeds, or prevent the spread or scattering of nuisance
weeds;
(xii)
any publicly accessible excavation, ditch, drain or standing
water that could pose a danger to the public;
any construction project or activity not completed within
five (5) years of the date the building permit for the project
or activity was issued by the City or, if no permit was issued
or required, within five (5) years of starting the construction
project or activity; and
(xiii)
any conditions likely to attract wild animals, pests, other
vermin, or domestic animals not associated with the subject
Property.
(f)
"Waste Bylaw" means Bylaw 1069-25, as amended, or repealed
and replaced, from time to time;
(g)
"Waste Container" means a container commercially designed to
contain Construction Debris, manufactured with a fixed lid, that
is not built on site, and is used for the collection and storage of
commercial, industrial, institutional, construction, and
residential waste or recyclable materials, but does not include
the residential waste, organic, or recycling collection cart
provided by the City for residential waste curbside collection.
24 "Unsightly" or "Untidy" means:
(a)
A Property that, because of its condition or the accumulation of
refuse, debris, materials, or other items, is detrimental to the
use and enjoyment of the surrounding area or neighboring
properties;
(b)
In respect of a structure, includes a structure whose exterior
shows signs of significant physical deterioration, serious
disregard for general maintenance, upkeep, or repair, or which
constitutes a Nuisance;
(c)
In respect of land, includes land that shows signs of a serious
disregard for general maintenance or upkeep, or which
constitutes a Nuisance; or
Bylaw 1024-22
Page 9
(d)
In an unsightly condition within the meaning of s. 546 of the
MGA.
Nuisance
25 A Person shall not cause or permit a Nuisance to exist on land they
Own or Occupy.
26 A person who causes a Nuisance or permits Property they Own or
Occupy to be used so as to cause a Nuisance shall as soon as
practicable abate the Nuisance and cause to be abated the activity
which causes the Nuisance.
Unsightly or Untidy
Properties
27 A Person shall not allow Property which they Own or Occupy to be
or to become Unsightly or Untidy.
28 No Owner or occupant of a Property shall have or allow in or on the
Property, the accumulation of:
(a)
anything that creates an odour, emission, smoke, vapour, dust
or other airborne matter that is reasonably likely to disturb
another individual; or
(b)
any material likely to attract animals, pests, or wildlife; or
(c)
animal remains, parts of animal remains, or animal feces.
29 A Person shall not have or allow the following to accumulate on
Property which they Own or Occupy such that the accumulation is
visible to a Person outside the Property:
(a)
loose garbage or bagged garbage;
(b)
bottles, cans, boxes, or packaging materials;
(c)
household furniture or other household goods;
(d)
automobile parts;
(e)
parts of or disassembled machinery, equipment or appliances;
or
(f)
yard waste, including grass, tree and hedge cuttings, leaves
and other refuse.
Sidewalks
30 A Person shall reasonably remove snow and ice from any Sidewalk
adjacent to land they Own or Occupy within 48 hours after the
snow or ice has been deposited.
31 If a Person fails to reasonably remove snow and ice from any
Bylaw 1024-22
Page 10
Sidewalk adjacent to land they Own or Occupy within 48 hours
after the snow or ice has been deposited, the City may carry out
the removal of snow and ice or contract out the removal of snow
and ice, with all the costs and expenses involved charged to the
Person responsible for the removal and any unpaid costs or
expenses shall be added to the tax roll for the Property to be
recovered in the same manner as other taxes pursuant to the
provisions of the MGA.
32 No person shall damage any sidewalk or pavement in the City by
striking, picking or cutting the same, whether such person is
engaged in removing snow, ice, dirt or foreign material from the
said sidewalk or pavement or not.
33 No person shall remove dirt, debris, or other materials from any
sidewalk by causing such material to be placed upon any other
portion of the highway or other Public Place adjacent to the
sidewalk.
34 No person shall place, or permit, to be placed, any snow, ice, dirt,
debris, or other material removed from private Property onto the
highways or other Public Places.
35 No Person shall place, or permit to be placed, any snow, ice, dirt,
debris, or other material removed from their own private Property
onto another Person's Property.
Boulevards
36 A Person shall maintain any Boulevard adjacent to land they Own
or Occupy by:
(a)
keeping any grass on the Boulevard cut to a length of no more
than 20 centimeters;
(b)
removing any accumulation of fallen leaves or other debris; and
(c)
notifying the City if tree maintenance is required.
Buildings
37 A Person shall not cause or permit a Nuisance to exist in respect of
any Building located on land they Own or Occupy.
38 For greater certainty, a Nuisance in respect of a Building means a
Building that shows signs of serious disregard for general
maintenance and upkeep, whether it is detrimental to the
surrounding area or not, some examples of which include, but are
not limited to, the following:
(a)
damage to the Building;
Bylaw 1024-22
Page 11
(b)
a Building that is rotting or deteriorating; and
(c)
any inappropriate infiltration of air, moisture, or water into the
Building due to peeling, unpainted or untreated surfaces,
missing shingles or other roofing materials, broken or missing
windows or doors, or any other hole or opening in the Building.
Unoccupied Buildings 39 If a Building normally intended for human habitation is unoccupied
then any door or window opening in the Building may be covered
with a solid piece of wood, but only if the wood is:
(a)
installed from the exterior and fitted within the frame of the
opening in a watertight manner;
(b)
of a thickness sufficient to prevent unauthorized entry into the
Building;
(c)
secured in a manner sufficient to prevent unauthorized entry
into the Building; and
(d)
coated with an opaque protective finish in a manner that is not
detrimental to the surrounding area.
Construction Waste
40 Each Construction Site shall have a Waste Container, fitted with a
fixed lid, onsite.
40.1
A Waste Container's lid required under section 40 shall be
maintained in a completely closed position when construction
activity is not taking place or during periods of high wind.
40.2
Despite section 40 and 40.1, a Waste Container is not required
for minor home renovations or maintenance carried out by the
Property Owner, provided that:
(a)
renovations or maintenance does not generate Construction
Debris beyond what can be accommodated by the City's
residential waste curbside collection and disposal program;
(b)
Construction Debris is disposed of in accordance with the City's
Waste Bylaw; and
(c)
Construction Debris secured and stored in a manner where
Construction Debris cannot be blown, scattered, or otherwise
dispersed from or around the Property.
40.3
All Construction Debris shall be placed and secured within a
Waste Container, unless otherwise provided in this bylaw, so as to
prevent any Construction Debris from being blown, scattered, or
Bylaw 1024-22
Page 12
otherwise dispersed from or around the Construction Site.
40.4
Construction Debris placed in a Waste Container shall not
protrude or be visible above the Waste Container's walls.
40.5
Waste Containers required under section 40 shall be periodically
emptied or removed when full, with all contents disposed of at an
appropriate waste disposal site, ensuring that Construction Debris
does not unduly accumulate on the Construction Site.
41 No Person shall allow loose Construction Material to be stored or
accumulated on a Construction Site they Own or Occupy unless the
Construction Material is:
(a)
stacked or stored on the Property in an orderly manner; and
(b)
not capable of being blown around the construction area or off
the Construction Site.
41.1
For any Construction Site, all Construction Materials and
excavated materials related to the construction, demolition or
renovation in question shall be confined to the Property on which
the Construction Site is located.
Repair of Motor
Vehicles
42 A Person shall not conduct any repair work on Motor Vehicles,
including mechanical repairs, autobody work, frame repair, collision
repair, auto painting, auto detailing or modifications to the body or
rebuilding of a Motor Vehicle, on any land in a residential district,
unless the activity is authorized pursuant to legislation, and is in full
compliance with applicable approvals, conditions, licenses, and
permits.
43 This prohibition shall not apply to routine maintenance work
performed on any Motor Vehicles owned, operated, or registered in
the name of the Person who Owns or Occupies the Property on
which the work is being performed, provided that:
(a)
the activity does not create a Nuisance or noise complaints from
neighbours;
(b)
there is no escape of offensive, annoying or noxious odors,
fumes or smoke from the Property;
(c)
vehicle fluids, oil, gasoline products or other hazardous
materials are properly stored and disposed of and not swept or
washed into lanes, streets, or down storm sewers;
(d)
all discarded vehicle parts and materials are properly stored and
Bylaw 1024-22
Page 13
disposed of from the Property;
(e)
no power washing of motor or powertrain is performed on the
Property; and
(f)
all building and fire code regulations are met.
Refrigerators and
Freezers
44 A Person shall not place, cause, or permit to be placed a
refrigerator, freezer, or other similar appliance on land they Own or
Occupy unless effective measures have been taken to prevent the
opening and closing of the appliance.
45 Without limiting the generality of the foregoing section, measures
considered to be effective may include, but are not limited to, the
following:
(a)
the removal of the door from the appliance;
(b)
the removal of the door handle mechanism if this prevents
opening and closing of the door;
(c)
the removal of the door hinges;
(d)
the locking of the appliance; or
(e)
otherwise wrapping or containing the appliance so that the
interior is inaccessible.
PART IV - NOISE CONTROL
Definitions
46 In this Part:
"Holiday" means New Years Day, Alberta Family Day, Good Friday,
Victoria Day, Canada Day, Heritage Day, Labour Day, ,
Thanksgiving Day, Remembrance Day, and Christmas Day of every
year;
(a)
"Noise" means any sound that is reasonably likely to annoy or
disturb the peace of others;
(b)
"Weekday" means Monday through Friday; and
(c)
"Weekend" means Saturday through Sunday.
Prohibited Noise
47 A Person shall not cause or permit any Noise that annoys or
disturbs the peace of any other Person.
Bylaw 1024-22
Page 14
48 A Person shall not cause or permit Property they Own or Occupy to
be used so that Noise from the Property annoys or disturbs the
peace of any other Person between the hours of 11:00 p.m. and
7:00 a.m.
Criteria
49 In determining what sound is reasonably likely to annoy or disturb
the peace of others, consideration may be given to, but is not
limited to, the following criteria:
(a)
type, volume, and duration of the sound;
(b)
time of day and day of week; and
(c)
nature and use of the surrounding area.
Construction Activity
50 A Person shall not cause or permit any construction activity on
Property they Own or Occupy before 7:00 a.m. or after 9:00 p.m.
on a Weekday or before 9:00 a.m. or after 9:00 p.m. on a
Weekend or Holiday.
Garbage Collection
51 A Person shall not collect, cause, or permit the collection of
garbage with a Motor Vehicle on or adjacent to any Property zoned
for residential use before 7:00 a.m. or after 9:00 p.m. on a
Weekday or before 9:00 a.m. or after 9:00 p.m. on a Weekend or
Holiday.
Motor Vehicles
52 If a Motor Vehicle is the cause of any sound that contravenes a
provision of this Bylaw, the Owner of that Motor Vehicle is liable for
the contravention.
Exceptions
53 Nothing in this Part prohibits:
(a)
a person who is an employee or authorized agent of the City
from producing certain sounds while acting within the scope of
their functions, duties, or powers; or
(b)
situations where the CAO has issued a permit allowing the
production of certain sounds on whatever conditions the CAO
deems appropriate.
PART V - SMOKING AND CANNABIS RESTRICTIONS
Public Places
54 Subject to section 55, the following are designated Public Places for
the purpose of this Part:
Bylaw 1024-22
Page 15
(a)
Public Buildings and those areas within six (6) meters of an
entrance or exit to a Public Building;
(b)
City Buildings, and those areas within six (6) meters of an
entrance or exit to a City Building;
(c)
Public Vehicles and Public Vehicle Shelters; and,
(d)
Workplaces and those areas within six (6) meters of an
entrance or exit to a Workplace
55 The proprietor, owner, or employer of every designated Public
Place shall, if employees or members of the public from time to
time gather to Smoke at a location outside the designated Public
Place, ensure that ashtrays are placed more than six (6) meters
from the entrance or exit of the designated Public Place.
56 No Person shall Smoke in a designated Public Place.
57 Notwithstanding section 56, a person may Smoke in an area
designated as a Smoking area for Cannabis under the provisions of
this Bylaw.
58 A person who Owns or Occupies a place where Smoking is
prohibited by this Part shall not permit any individual to Smoke,
Vape, or use an Electronic Smoking Device in that place.
59 Nothing in this Part prohibits a Person from Smoking in an area of a
building designed, intended, and used exclusively as a private
Residence unless the building is a multi-unit building.
60 Nothing in this Part affects the rights of Indigenous
people respecting the ability to participate in traditional
spiritual, cultural, or ceremonial practices.
61 Subject to the provisions of this section, a Person who Owns or
Occupies a place where Smoking is otherwise prohibited by this
Part may permit Smoking in that place when Smoking is permitted
pursuant to provincial or federal legislation or powers exercised
pursuant to such legislation.
62 If Smoking is permitted pursuant to this section, the Person who
Owns or Occupies the premises shall ensure that:
(a)
smoke does not enter any place where Smoking is prohibited;
(b)
signage is clearly and prominently displayed at each entrance to
a place where Smoking is permitted, indicating that Smoking is
Bylaw 1024-22
Page 16
permitted inside; and
(c)
no person under the age of 18 years of age is allowed to enter
or remain in a place where Smoking is permitted.
Cannabis Product
63 Any building or part of a building where Cannabis, or anything that
will be used as an ingredient in a Cannabis product, is produced,
packaged, labelled, stored, or tested must be equipped with a
system that:
(a)
Prevents the escape of odours associated with cannabis
material to the outdoors;
(b)
Provides natural or mechanical ventilation with sufficient air
exchange to provide clean air in order to prevent smell to
neighboring properties; and
(c)
Prevents unauthorized access to the building or part of the
building where Cannabis product or material is contained.
64 Section 63 does not apply to Restricted Substance Retail uses as
defined in Land Use Bylaw 944-19.
E-Cigarettes (Vaping)
65 Nothing in this Part prohibits a person from using an Electronic
Smoking Device for the sole purpose of testing the device, or
sampling products used with the device, prior to purchase within a
retailer, with the exception of Electronic Smoking Devices that use
Cannabis, which may not be tested within a retailer.
Liquor
66 No person shall, except in accordance with a liquor license, sell or
consume Liquor in a Public Place except:
(a)
In a Designated Alcohol Consumption Area and in accordance
with the provisions of the Gaming, Liquor, and Cannabis Act,
R.S.A. 2000, c. G-1; or
(b)
Where it is a temporary campsite in an approved campsite
location; or
(c)
Where a special event permit and liquor license has been
issued.
Proof of Exception
67 The burden of proving that an exception applies in any particular
case under this Part is on the person alleging such exception on a
balance of probabilities.
Designated Areas
68 The CAO may designate any Public Place, or portion of a Public
Place, as a no smoking area or as a smoking area.
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69 The CAO shall place temporary or permanent signs or other
markings identifying a no smoking area or smoking area.
70 The CAO may impose any requirements on a smoking area
including, but not limited to, requirements that the area be
enclosed or that no minors be permitted within the area.
71 No Person shall remove, move, alter, deface, conceal, or destroy
any signs or other markings identifying a no smoking area, or a
smoking area, or a Designated Alcohol Consumption Area.
PART VI - ENFORCEMENT
Offence
72 Any Person who contravenes any provisions of this Bylaw is guilty
of an offence and liable upon summary conviction to a specific
penalty as set out in Schedule "A" attached hereto and forming part
of this Bylaw. Where no specific penalty is specified, a penalty of
not less than one hundred ($100.00) dollars and not more than two
thousand five hundred dollars ($2,500.00) to be imposed in the
discretion of the Court having jurisdiction, having regard to s. 7(i)
of the MGA.
72.1
For the purposes of enforcing sections 39-41.1, offences
occurring at different Properties by the same Person shall be
treated as separate offences, and will not constitute subsequent
offences.
Municipal Tag
73 A Peace Officer is hereby authorized and empowered to issue a
Municipal Tag to any Person who the Peace Officer has reasonable
and probable grounds to believe has contravened any provisions of
this Bylaw.
74 Where a Municipal Tag is issued pursuant to this Bylaw, the Person
to whom the Municipal Tag is issued may, in lieu of being
prosecuted for the offence, pay the City the penalty specified on
the Municipal Tag.
Violation Ticket
75 If the penalty specified on the Municipal Tag is not paid within the
prescribed time, then a Peace Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to the Provincial
Offences Procedure Act.
76 Notwithstanding anything else in this Bylaw, a Peace Officer is
hereby authorized and empowered to immediately issue a Violation
Ticket pursuant to the Provincial Offences Procedures Act, as
amended, to any Person who the Peace Officer has reasonable
Bylaw 1024-22
Page 18
grounds to believe has contravened any provision of this Bylaw.
77 If a Violation Ticket is issued in respect of an offence, the Violation
Ticket may;
(a)
specify the fine amount established by this Bylaw for the
offence; or
(b)
require a Person to appear in court without the alternative of
making a voluntary payment.
Continuing Offence
78 In the case of an offence that is of a continuing nature, a
contravention of a provision of this Bylaw constitutes a separate
offence in respect of each day, or part of a day, on which it
continues and a Person guilty of such an offence is liable to a fine
in an amount not less than that established by this Bylaw for each
such day.
Vicarious Liability
79 For the purposes of this Bylaw, an act or omission by an employee
or agent of a Person is deemed also to be an act or omission of the
Person if the act or omission occurred during the employee's
employment with the Person, or during the agent exercising the
powers or performing the duties on behalf of the Person under
their agency relationship.
Corporations and
Partnerships
80 When a corporation commits an offence under this Bylaw, every
principal, director, manager, employee, or agent of the corporation
who authorized the act or omission that constitutes the offence or
assented to or acquiesced or participated in the act or omission
that constitutes the offence is guilty of the offence whether or not
the corporation has been prosecuted for the offence.
81 If a partner in a partnership is guilty of an offence under this
Bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offence or assented to or acquiesced
or participated in the act or omission that constitutes the offence is
guilty of the offence.
Order to Comply
82 Notwithstanding anything else in this Bylaw:
(a)
If the CAO or designate believes, on reasonable grounds, that a
Person is contravening any provision of this Bylaw, including
where any Property in the City is deemed by a Peace Officer to
be Untidy, Unsightly, or a Nuisance, the CAO or designate may,
by written order, require any Person responsible for the
contravention to remedy it.
(b)
The order may:
Bylaw 1024-22
Page 19
(i)
direct a Person to stop doing something, or to change the
way in which the Person is doing it;
(ii)
direct a Person to take any action or measures necessary to
remedy the contravention of the Bylaw and, if necessary, to
prevent a re-occurrence of the contravention;
(iii)
state a time within which the Person must comply with the
directions;
(iv)
state that if the Person does not comply with the directions
within a specified time, the City will take the action or
measure.
83 A Person named in and served with an order issued pursuant to
this section shall comply with any action or measure required to be
taken within the time specified.
(a)
An order issued pursuant to this section may be served:
in the case of an individual:
(i)
by delivering it personally to the individual;
(ii)
by leaving it for the individual at their apparent place of
residence with someone who appears to be at least
eighteen (18) years of age; or
(iii)
by mail addressed to the individual at their apparent place
of residence or at any address for the individual on the tax
roll of the City or at the Land Titles registry;
(b)
in the case of a corporation:
(i)
by delivering it personally to any director or officer of the
corporation;
(ii)
by delivering it personally to a Person apparently in charge
of an office of the corporation at an address held out by the
corporation to be its address; or
(iii)
by mail addressed to the registered office of the
corporation.
Obstruction
84 A Person shall not obstruct or hinder any Person in the exercise or
performance of the Person's powers pursuant to this Bylaw.
PART VII - GENERAL
Powers of the CAO
85 Without restricting any other power, duty or function granted by
this Bylaw, the CAO may:
(a)
carry out any inspections to determine compliance with this
Bylaw;
(b)
take any steps or carry out any actions required to enforce this
Bylaw;
Bylaw 1024-22
Page 20
(c)
take any steps or carry out any actions required to remedy a
contravention of this Bylaw;
(d)
establish investigation and enforcement procedures with
respect to residential, commercial, industrial or other types of
property; and such procedures may differ depending on the
type of property in question;
(e)
establish areas where activities restricted by this Bylaw are
permitted;
(f)
establish forms for the purposes of this Bylaw;
(g)
issue permits with such terms and conditions as are deemed
appropriate;
(h)
establish the criteria to be met for a permit pursuant to this
Bylaw;
(i)
delegate any powers, duties or functions under this Bylaw to an
employee of the City;
(j)
appoint inspectors for the purposes of the Agricultural Pest Act,
R.S.A. 2000, c. A-8.; and
(k)
appoint inspectors for the purposes of the Weed Control Act,
S.A. 2008, c W-5.1.
Permits
86 A Person to whom a permit has been issued pursuant to this Bylaw,
and any Person carrying out an activity otherwise regulated,
restricted, or prohibited by this Bylaw pursuant to such permit,
shall comply with any terms or conditions forming part of the
permit.
87 A Person shall not make any false or misleading statement or
provide any false or misleading information to obtain a permit
pursuant to this Bylaw.
88 If any term or condition of a permit issued pursuant to this Bylaw is
contravened, or if a false or misleading statement or false or
misleading information was provided to obtain the permit, the CAO
may immediately cancel the permit.
Proof of Permit
89 The onus of proving a permit has been issued in relation to any
activity otherwise regulated, restricted, or prohibited by this Bylaw
is on the Person alleging the existence of such a permit on a
balance of probabilities.
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Page 21
90 A copy of a record of the City, certified by the CAO as a true copy
of the original, shall be admitted in evidence as prima facie proof of
the facts stated in the record without proof of the appointment or
signature of the person signing it.
Severability
91 Every provision of this Bylaw is independent of all other provisions
and if any provision of this Bylaw is declared invalid for any reason
by a Court of competent jurisdiction, all other provisions of this
Bylaw shall remain valid and enforceable.
92 The City, a Peace Officer, or any Person who inspects Property
under this Bylaw or any person who performs work on behalf of the
City is not liable for any damages caused by the inspection, the
work, or disposing of anything referred to in an Order.
PART VIII - REVIEW AND REPEAL
Review
93 This bylaw will be reviewed two years from the date of coming into
force, and at any other time that Council considers appropriate.
Repeal
94 The following bylaws, and their amendments where applicable, are
repealed upon passage of this Bylaw:
(a)
Bylaw 642-05 Noise Abatement Bylaw;
(b)
Bylaw 929-18 Cannabis Consumption Bylaw;
(c)
Bylaw 671-06 Nuisance and Unsightly Premises Bylaw;
(d)
Bylaw 593-03 Smoke-Free Public Places Bylaw; and
(e)
Bylaw 477-97 The Snow Removal Bylaw.
Effective Date
95 This bylaw shall come into effect on June 1, 2024
FIRST READING: April 23, 2024
SECOND READING: April 23, 2024
THIRD READING: April 23, 2024
SIGNED THIS 23rd day of April, 2024.
Bill Daneluik___________
MAYOR
Sandy Bugeja________
CLERK
Bylaw 1024-22
Page 22
Schedule "A"
Section
Description of Offence
Penalty
1st Offence
Penalty
2nd Offence
Penalty
3rd Offence
3
Littering
250
500
1000
4
Distributing flyers on vehicles
75
150
300
5
Distributing flyers at Property
75
150
300
6
Urinating or defecating in Public
250
500
1000
7
Spitting in Public
250
500
1000
8
Throwing or propelling an object in Public
350
500
1000
9
Intimidate or threaten in Public
350
500
1000
10
Cause a disturbance
250
500
1000
11
Damage/destroy/deface/tamper or otherwise interfere with property 250
500
1000
12
Stand/place feet on table/bench/planter/sculpture/fixture in public
place
250
500
1000
13
Fighting in Public
250
500
1000
14
Communicate directly or indirectly in a manner to bully
250
500
1000
15
Encourage or support in the act of bullying
250
500
1000
16
Parent/Guardian allow, permit/encourage bullying
250
500
1000
18
Loitering in Public
250
500
1000
19
Panhandling
250
500
1000
20
Applying or Creating Graffiti
500
1000
2500
21
Failing to Follow Directions regarding Graffiti Instruments
250
500
1000
22
Failure to remove, paint over, or block from public view Graffiti
within 72 hours or as directed by a Peace Officer
250
500
1000
25
Cause/permit a nuisance on property
250
500
1000
27
Untidy or Unsightly Property
250
500
1000
Bylaw 1024-22
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Section
Description of Offence
Penalty
1st Offence
Penalty
2nd Offence
Penalty
3rd Offence
28
Accumulation of prohibited material on Property
250
500
1000
29
Accumulation of prohibited material visible outside Property
250
500
1000
30
Failing to remove Snow and Ice Sidewalks
250
500
1000
32
Damage any sidewalk or pavement in the city by striking, picking,
or cutting
250
500
1000
33
Placing dirt, debris, or other materials upon any portion of the
highway or any other Public Place
250
500
1000
34
Placing snow, ice, dirt, debris, or other materials upon any portion
of the highway or any other Public Place
250
500
1000
35
Place snow, ice, or debris on others property
250
500
1000
36
Failing to Maintain Boulevards
250
500
1000
37
Nuisance Building
250
500
1000
39
Failing to Secure Unoccupied Building
250
500
1000
40
No Waste Container on Construction Site
1000
2000
5000
40.1
Fail to completely close Waste Container lid
1000
2000
5000
40.3
Fail to place and contain Construction Debris inside Waste Container 1000
2000
5000
40.4
Construction Debris protrudes above Waste Container's walls
1000
2000
5000
40.5
Fail to empty or remove Waste Container
1000
2000
5000
41(a) Construction Material Not Neatly Stacked or Stored
1000
2000
5000
41(b) Waste Material Blown Off Construction Site
1000
2000
5000
41.1
Fail to confine Construction Material or excavated materials to
Construction Site
1000
2000
5000
43
Repairing Motor Vehicles in a residential district
250
500
1000
44
Failing to Secure Appliances
250
500
1000
Bylaw 1024-22
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Section
Description of Offence
Penalty
1st Offence
Penalty
2nd Offence
Penalty
3rd Offence
47
Person causing excessive noise
250
500
1000
48
Person allowing excessive noise
250
500
1000
50
Prohibited Construction Activity
250
500
1000
51
Prohibited Garbage Collection
250
500
1000
52
Motor Vehicle Noise
250
500
1000
54(a) Smoke/Consume/Vape within 6 meters of an exit or entrance of a
Public Place
150
250
500
54(b) Smoke/Consume/Vape within 6 meters of an exit or entrance of a
city building
150
250
500
54(c) Smoke/Consume/Vape in public vehicles or public vehicle shelter
150
250
500
54(d) Smoke/Consume/Vape within 6 meters of an exit or entrance of a
Workplace
150
250
500
55
Proprietor/Employer allow individual to smoke in an area designated
as a no smoking area or fail to place ashtray in a Public Place more
than 6 meters from entrance or exit
150
250
500
56
Smoke/Consume/Vape in a Public Place
150
250
500
57
Smoke/Consume/Vape cannabis in a Public Place
250
500
1000
58
Owner allow person to smoke in a non smoking area
250
500
1000
62(a) Allow smoke to enter area where smoking is prohibited
250
500
1000
62(b) Allow a person under the age of 18 into or remain in a location
where smoking is permitted
250
500
1000
62(c) Fail to display signs where smoking is permitted
250
500
1000
63
Fail to have filter allowing escape of odour
250
500
1000
66
Consume or Sell Liquor in a Public Place
250
500
1000
71
Remove, Alter, Destroy No Smoking/Smoking Signs
250
500
1000
Bylaw 1024-22
Page 25
Section
Description of Offence
Penalty
1st Offence
Penalty
2nd Offence
Penalty
3rd Offence
84
Obstruction of Enforcement
500
1000
1500
86
Fail to comply with conditions of a permit
250
500
1000