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BYLAW NO. 160-11
OF THE SUMMER VILLAGE OF BIRCHCLIFF
BEING A BYLAW OF THE SUMMER VILLAGE OF BIRCHCLIFF IN THE
PROVINCE OF ALBERTA TO PROHIBIT CERTAIN ACTIVITIES IN ORDER TO
PREVENT AND COMPEL THE ABATEMENT OF NOISE, NUISANCE,
UNSIGHTLY PREMISES AND PUBLIC DISTURBANCES
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26 as amended of the
Province of Alberta provides that a Municipal Council may by bylaw provide for a system of
licensing, permits and approvals and regulating business within the Municipality;
WHEREAS Council of the Summer Village of Birchcliff deems it expedient and in the
public's interest to pass a bylaw to regulate and control noise, nuisance, unsightly premises
and public disturbances;
NOW THEREFORE the Municipal Council of the Summer Village of Birchcliff duly
assembled enacts as follows:
1.
TITLE
"Community Standards Bylaw"
2.
DEFINITIONS
In this Bylaw, including this section, unless the context otherwise requires:
"Act" means the Municipal Government Act, R.S.A. 2000, c. M-26 as amended, and
any
amendment or substitutions there of.
"Bullying" means verbal or physical abuse, threats, taunts, teasing, name calling and
put downs,
written
or
electronically
transmitted,
or
repeated
abusive
communication, direct or
through any medium whatsoever.
"Chief Administrative Officer" means the Chief Administrative Officer of the
Summer Village
of Birchcliff appointed by Council.
"Council" means the Municipal Council of the Summer Village of Birchcliff.
"Graffiti" means the defacement or disfigurement of any property or object, through
the
performance of any of the following acts:
(i)
the application of any substance, including paint, ink, stain or
whitewash to any surface; or
(ii)
the affixing of any substance, including paper, fabric or plastic, by any
form of adhesion that does not remove cleanly when pulled away from
the applied surface; or
(iii)
the marking, scratching, etching or other alteration or disfigurement of
any surface.
"Minor" means an individual under 18 years of age.
"Municipal Ticket" means a ticket in a form as approved by the Chief
Administrative Officer,
issued by the Summer Village allowing for the
voluntary payment of a fine established
under this Bylaw.
"Peace Officer" means:
(i)
a member of the Royal Canadian Mounted Police;
(ii)
a Bylaw Officer as appointed by the Summer Village to enforce
bylaws of The Summer Village; or
(iii) a Community Peace Officer as appointed by the Solicitor General of
Alberta.
Summer Village of Birchcliff
Community Standards Bylaw
Page 1 of 8
"Premises" means the external surfaces of all buildings and the whole or part of any
parcel of real property, including the land immediately adjacent to any building or
buildings.
"Provincial Ticket" means a ticket as defined in the Provincial Offences Procedure
Act, R.S.A. 2000, c. P-34.
"Public Place" means any place, including privately owned or leased property, to
which the public
reasonably has or is permitted to have access.
"Summer Village" means the Summer Village of Birchcliff.
"Youth" means an individual 12 to 17 years of age;
3.
NOISE
3.1
No person shall cause or permit any noise that annoys or
disturbs the peace of any other person.
3.2
No person shall permit property that they own or control to be used so that
noise from the property annoys or disturbs the peace of any other person.
3.3
In determining what constitutes noise likely to annoy or disturb the peace of
other persons, consideration may be given, but is not limited to:
3.3.1 type, volume and duration of the sound;
3.3.2 time of day and day of the week;
3.3.3 nature and use of the surrounding area.
3.4
Permissible
Hours. Noise or disturbance that annoys or disturbs the peace
of any other person is not allowed between 11:00 p.m. and 8:00 a.m. any day.
4.
INDUSTRIAL/CONSTRUCTION NOISE
4.1
Nothing in this bylaw shall prevent the continual operation or carrying on of an
industrial activity where the activity is one which:
4.1.1 is a permitted use; or
4.1.2 is an approved discretionary use; or
4.1.3 is a non-conforming, but not illegal, use as defined in the Municipal
Government Act.
4.2
In the operation or carrying on of an industrial activity, the person operating
or carrying on that activity shall make no more noise than is necessary in the
normal method of performing or carrying on that activity.
4.3
With the exception of the activities referred to in section 4.1 herein, 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 in a
residential building between the hours of 10:00 p.m. and 8:00 a.m. any day.
5.
EXCEPTIONS
5.1
These provisions do not apply to work carried on by The Summer Village, or
by a contractor carrying out the instructions of The Summer Village,
providing it is work of an emergent nature of circumstance.
Summer Village of Birchcliff
Community Standards Bylaw
Page 2 of 8
6.
NUISANCE AND UNSIGHTLY PREMISES
6.1
"Nuisance" for the purpose of this bylaw includes any use of or activity upon
any property which is offensive to any person, or has or may have a
detrimental impact upon any person or other property in the neighbourhood,
and without limiting the generality of the foregoing, includes the following:
6.1.1 the failure to cut grass, weeds, shrubs, trees or other landscaping
features incidental to a landscaped area;
6.1.2
the failure to destroy restricted weeds, control noxious weeds, or
prevent the spread or scattering of nuisance weeds;
6.1.3
the growth of trees or shrubs in such a manner that they interfere
with utilities or endanger visibility to street signage, or roadway
clearance;
6.1.4
the accumulation of any material that creates unpleasant odours, any
material that attracts pests or any animal remains, parts of animal
remains or animal feces;
6.1.5
the storage or accumulation of or failure to dispose of discarded
dilapidated furniture or household appliances, loose garbage,
rubbish, packaging material, scrap metals, scrap lumber, tires, parts
of disassembled machinery, equipment or appliances and motor
vehicle parts;
6.1.6
the causing of opaque or dense smoke and permitting such smoke to
be emitted into the atmosphere for a period in excess of six (6)
minutes in any one hour, or at a point other than the opening to the
atmosphere of the flue, stack or chimney, unless specifically
authorized by Council;
6.1.7
the generation of excessive dust and permitting such dust to escape
from the property;
6.1.8
the failure to maintain an accessory building, structure or fence such
that it deteriorates, becomes unsightly or becomes a safety hazard.
6.1.9
the failure to fence or secure an excavation, drain, ditch or other
depression so that it does not become a danger to public safety;
6.1.10
the posting or exhibiting of posters, signs, billboards, placards,
writings or pictures upon any light standard, bench, garbage
receptacle, fence or wall on any property, where the same are
accumulated and become in a dilapidated and unsightly condition;
6.1.11
the burning of anything other than dry untreated clean wood in a
residential wood fireplace.
6.2
No person being the owner, agent of the owner, lessee or occupier of
any property within the Summer Village shall permit such property, or
the activities upon such property to be or remain a nuisance or safety
hazard.
7. GRAFFITI
7.1
No person shall place graffiti or cause it to be placed on any property.
7.2
Every property owner shall ensure that graffiti placed on their
premises is removed, painted over, or otherwise permanently blocked
from public view.
Summer Village of Birchcliff
Community Standards Bylaw
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7.3
A property owner who breaches the provisions of Section 8.2 where,
following the issuance of and failure to comply with an Order under
section 545 of the Municipal Government Act, shall be liable to
payment of a penalty as prescribed in Schedule A.
7.4
In prosecuting for an offence under this Section, the consent of the
property owner of any premises to place graffiti shall not be a defense
under this bylaw.
8.
CONSTRUCTION WASTE
8.1 Each construction site shall have a waste container to ensure that waste
construction materials are placed in the container to prevent the material from
being blown away from the construction site.
8.2
No loose construction material is to be stored or accumulated on a
construction site unless it is not capable of being blown around the
construction area.
9.
NUISANCE ENFORCEMENT
9.1
A Peace Officer may, after giving reasonable notice to the owner or occupier
of the premises, enter upon the said premises and carry out an inspection.
9.2
Upon completion of the inspection, the Peace Officer may direct the owner or
occupant of the property to:
9.2.1
cease the activity which causes the nuisance;
9.2.2
change the way in which such person is carrying out any activity;
9.2.3
direct any person to take any action or measure necessary to compel
the elimination or abatement of the nuisance, including:
(a)
the removal of any thing or matter from the property, which
constitutes the nuisance; and
(b)
the construction or installation of a garbage bin or enclosure or
the repair of an existing garbage enclosure;
(c)
enter into a cleanliness agreement in a form to the satisfaction
of the Peace Officer.
(d)
specify the time within which such person must comply with
the directions contained in the notice; and
(e)
notify the owner or occupant that, if compliance with the notice
is not effected within a specified time, the municipality will
take the actions or measures specified in the notice to abate the
nuisance, at the expense of the owner or occupier;
(f)
offer the owner or occupant of the property an opportunity to
enter into any other voluntary agreement with the Summer
Village to keep the premises clean, tidy and free of nuisances.
9.3
Any person who refuses to allow an inspection of the premises under Section
10.1 is guilty of an offence.
9.4
Any person who fails to comply with a direction made under Section is guilty
of an offence.
9.5
No person shall cause or permit or undertake any activity upon any Summer
Village property which is a nuisance.
Summer Village of Birchcliff
Community Standards Bylaw
Page 4 of 8
10
LITTERING
10.1
No person shall place, deposit or throw or cause to be placed, deposited or
thrown upon any Summer Village property, including any street, lane, ditches,
park, other public place or water course:
10.1.1 a cardboard or wooden box, carton, container, or receptacle of any
kind;
10.1.2 a paper, wrapper, envelope, or covering of any kind, whether paper or
not, from food or confectionery;
10.1.3 paper of any kind, whether or not containing written or printed matter
thereon;
10.1.4 any human, animal or vegetable matter or waste;
10.1.5 any glass, crockery, nails, tacks, barbed-wire or other breakable or
sharp objects;
10.1.6 scrap metal, scrap lumber, tires, dismantled wrecked or dilapidated
motor vehicles or parts there from;
10.1.7 any motor vehicle or any part of any motor vehicle which may, in
whole or in part, obstruct any highway, street, lane, alley, bi-way or
other public place;
10.1.8 dirt, filth, yard refuse or rubbish of any kind whether similar or
dissimilar to the foregoing.
10.2 A person who has placed, deposited or thrown or caused to be placed or
thrown anything or any matter mentioned in subsection 11.1 upon any road,
ditch, municipal reserve or other public place or water course shall forthwith
remove it.
11.
AUTHORITY TO REMOVE
11.1 The Chief Administrative Officer may authorize the removal and put in
storage or destroy anything placed upon Summer Village property in
contravention of this bylaw.
12.
ORDER
12.1
A designated officer may, by written order, require a person responsible for
the contravention to remedy the contravention.
12.2
The Order shall:
12.2.1 state a time within the owner must comply with the order;
12.2.2 state that if the owner does not comply with the order within a
specified time,
the Summer Village will take the action or
measure at the expense of the owner.
12.3
The Summer Village may, in respect of an order, register a caveat under the
Land Titles
Act against the certificate of title for the land that is the subject of the
order.
13.
RIGHT TO REMEDY
13.1
The Summer Village may take whatever actions or measures are necessary to
deal with
the unsightly property if:
13.1.1 the Summer Village has issued a written Order under Section 13 of
this bylaw
Summer Village of Birchcliff
Community Standards Bylaw
Page 5 of 8
13.1.2 the Order contains a statement referred to in Section 12.2 of this
bylaw
13.1.3 the person to whom the Order is directed has not complied with the
Order within the time specified in the Order, and
13.1.4 the appeal periods respecting the Order have passed or, if an appeal has
been made, the appeal has been decided and it allows the Summer
Village to take the action or measures.
14.
PENALTIES
14.1 Any person who breaches any section of this Bylaw is guilty of an offence and
liable to:
14.1.1 payment of the penalty specified in Schedule "A" hereto; or
14.2.2 for any offence for which there is no penalty specified, to a penalty of
not less than $200.00 and not more that $10,000.00;
and in default of payment of any penalty, to imprisonment for up to six (6)
months.
15.
MUNICIPAL AND PROVINCIAL TICKETS
15.1
Any Peace Officer or who has reasonable and probable grounds to believe that
any person has contravened any provision of this Bylaw, may issue and serve:
15.1.1 A Municipal Ticket allowing payment of the specified penalty to The
Summer Village; or
15.1.2 A Provincial Ticket according to the provisions of the Provincial
Offences Procedure Act, as amended.
15.2
Service of a Municipal Ticket will be sufficient if it is:
15.2.1 personally served; or
15.2.2 served by regular mail to the person's last known mailing address.
15.3
If a violation ticket is issued in respect of an offence, the violation ticket may:
15.3.1 specify the fine amount established by this Bylaw for the offence; or
15.3.2 require a person to appear in Court without the alternative of making a
voluntary payment.
15.4
A person who commits an offence may:
15.4.1 If a violation ticket is issued in respect of the offence; and
15.4.2 If the violation ticket specifies the fine amount established by this
Bylaw for the offence, make a voluntary payment equal to the
specified fine by delivering the violation ticket and the specified fine
to the Provincial Court Office specified on the violation ticket.
16.
SEVERABILITY
16.1
If any part of this Bylaw is found to be invalid, then that part shall be severed
and the remaining Bylaw will continue to be in force.
THAT this Bylaw shall take effect on the date of the third and final reading and upon signing
by the Mayor and Chief Administrative Officer.
Summer Village of Birchcliff
Community Standards Bylaw
Page 6 of 8
READ a first time in Council assembled this 9th day of December, 2010
READ a second time in Council assembled this 17th day of February, 2011
READ a third time in Council assembled and passed this 19th day of May, 2011
___________________________________
Mayor
___________________________________
Chief Administrative Officer
Summer Village of Birchcliff
Community Standards Bylaw
Page 7 of 8
Offence Schedule "A" Schedule of Fines
Make noise
Section
3.1
Fine
a) first offence
$50.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$750.00
Permit Noise
3.2
a) first offence
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences
within 1 year
$750.00
Industrial or construction noises
4.1 or 4.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$750.00
Permitting a nuisance on Private Property
7.1
a) first offence
$200.00
b) second offence within 1 year
$400.00
c) third and subsequent offences
within 1 year
$600.00
Placing Graffiti on property
8.1
a) first offence
$2,500.00
b) a second offence within 1 year
$5,000.00
c) third and subsequent offences
within 1 year
$7,500.00
Failure to remove Graffiti
8.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$1,000.00
Failure to comply with Graffiti order
8.3
$250.00 for
each day
that the
breach
continues
Failing to contain construction waste 9.1 or 9.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
$1000.00
Refusing to allow a Peace Officer access to carry out
10.1
an inspection
$500.00
Failing to comply with order of a Peace Officer
10.2
a) first offence
$500.00
b) second offence within 1 year
$750.00
c) third and subsequent offences
within 1 year
$1,000.00
Nuisance upon Summer Village property
10.5
$500.00
Depositing litter on Summer Village property
10.1
a) first offence
$500.00
b) second offence within 1 year
$750.00
Failing to remove litter
112
a) first offence
$500.00
b) second offence within 1 year
$750.00
c) third and subsequent offences
within 1 year
$1,000.00
Summer Village of Birchcliff
Community Standards Bylaw
Page 8 of 8