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ViLLAGE
IN THE VAt,[,EY
BYLAW
#2023-870
VILLAGE
OF CARBON
COMMUNITYSTANDARDS
BYLAW
WHEREAS
the Municipal
GovernmentAct,
R.S.A. 2000, c. M-26, authorizes
a council
to pass bylaws for municipal
purposes
respecting
the safety, health and welfare of
people and the protection
of people and property;
AND WHEREAS
the Municipal
GovernmentAct,
R.S.A. 2000, c. M-26, authorizes
a
council to pass bylaws for municipal
purposes
respecting
nuisances,
including
unsightly
property;
AND WHEREAS
Council believes
the regulation
of nuisances
through a Community
Standards
Bylaw would benefit the community
as a whole;
AND WHEREAS
the Municipal
GovernmentAct,
R.S.A. 2000, c. M-26, 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;
AND WHEREAS
the Municipal
GovernmentAct,
R.S.A. 2000, c. M-26, authorizes
a
council to pass bylaws for municipal
purposes
respecting
the enforcement
of bylaws
made under the Municipal
Government
Act or any other enactment;
NOW THEREFORE,
the Council of the Village of Carbon, in the Province
of Alberta,
duly assembled
enacts Bylaw #2022-867
hereafter
known as the Community
Standards
Bylaw.
PART l- PURPOSE,
DEFINITIONS
AND INTERPRET
ATIONS
BYLAW
TITLE
1.I
This Bylaw shall be known as the "Community
Standards
Bylaw".
DEFINITIONS
1.2
In this Bylaw, unless the context
otherwise
requires:
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. "Bylaw
Enforcement
Officer"
means a Bylaw Enforcement
Officer
appointed
by the Village pursuant
to the Municipal
Government
Act to enforce
Village Bylaws, and includes
a member
of the Royal Canadian
Mounted
Police and, when authorized,
a Community
Peace Officer appointed
under
the Peace OfficerAct,
S.A. 2006, c. P-3.5;
(i'
%
c. "CAO"
means the chief administrative
officer of the Village or his/her
delegate;
d. "Village"
means the Village of Carbon;
e. "Highway"
has the same meaning
as in the Traffic SafetyAct,
R.S.A. 2000,
c. T-6;
f.
"Motor
Vehicle"
has the same meaning
as in the Traffic Safety
Act, R.S.A.
2000, c. T-6;
g. "Municipal
Tag" means a tag or similar
document
issued by the Village
pursuant
the Municipal
Government
Act that alleges a bylaw offence and
provides
a person with the opportunity
to pay an amount to the Village in lieu
of prosecution
for the offence;
h. "Occupy"
or "Occupies"
means residing on or to be in apparent
possession
or control of Property;
i.
"Own"
or l'Owns"
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
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;
j.
"Person"
means any individual,
firm, partnership,
association,
corporation,
trustee, executor,
administrator
or other legal representative;
k. "Property"
means:
i.
in the case of land, a parcel of land including
any buildings;
or
ii.
in other cases, personal
property;
I.
"Public
Place"
means any Property,
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;
m. "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
or not it is paved or unpaved;
and
n. "Violation
Ticket"
has the same meaning
as in the Provincial
Offences
Procedure
Act, R.S.A. 2000, c. P-34.
o. Zones:
Residential
Area - means those areas of the municipality
zoned as
Single Detached
Residential
District, General Residential
District,
Multiple Unit Residential
District and Small Holdings
Residential
District
under the Village's
Land Use Bylaw;
Commercial
Area - means those areas of the municipality
zoned as
Central Commercial
District and Light Industrial
District under the
Village's
Land Use Bylaw.
RULES FOR INTEPRET
ATION
1.3
The table of contents,
marginal
notes and headings
in this Bylaw are For
reference
purposes
only.
PART II- PUBLIC
BEHAVIOURS
LITTERING
2.1
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
2.2
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 a Municipal
Tag or
Violation
Ticket issued pursuant
to lawful authority.
2.3
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 a dwelling
unit, indicating
that such material is not wanted.
PART Ill - PROPERTY
MAINTENANCE
DEFINITIONS
3.1
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. "Nuisance"
means any use of or activity on land which demonstrates
a
disregard
for the general maintenance
and upkeep of Property
so as to
produce
a material annoyance,
inconvenience
or discomfort
to other Persons,
whether
or not it is detrimental
to the surrounding
area, some examples
of
which include, but are not limited to, the following:
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;
loose litter, garbage,
construction
debris or refuse whether
located in a
storage area, collection
area or elsewhere
on the land;
damaged,
dismantled
or derelict
vehicles
or Motor Vehicles,
whether
insured or registered
or not;
r(i %
iv.
smelly or messy compost
heaps;
v.
grass or weeds higher than 13 centimetres;
vi.
production
of excessive
dust, dirt or smoke;
vii.
production
of any generally
offensive
odours;
viii.
open or exposed
storage ofindustrial
fluids, including
engine oil, brake
fluid or anti-freeze;
use of any pesticide
or herbicide
which has significant
detrimental
or
environmental
effects on surrounding
areas;
x.
any tree, shrub or other type of vegetation
or any structure:
1. that obstructs
any Sidewalk
or portion thereof
adjacent
to the land;
2. that encroaches
onto or covers any Sidewalk
adjacent
to the land;
3. that impairs the visibility
required
for safe traffic flow at any
intersection
adjacent
to the land; or
4. that has any rot or other deterioration;
the failure to destroy
prohibited
weeds, or prevent
the spread or
scattering
of nuisance
weeds;
any accessible
excavation,
ditch, drain or standing
water that could pose
a danger
to the public; and
xiii.
any construction
project or activity not completed
within 5 years of the
date the development/building
permit for the project or activity
was
issued by the Village or, if no permit was issued or required,
within 5
years of starting construction.
c. "Unsightly"
or "Untidy"
means:
a Property
that because
of its condition
or the accumulation
of refuse is
detrimental
to the use and enjoyment
of the surrounding
area or
neighboring
properties;
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;
in respect of land, includes
land that shows signs of a serious
disregard
for general maintenance
or upkeep, or which constitutes
a Nuisance;
or
in an unsightly
condition
within the meaning
of s. 546 of the Municipal
Government
Act.
Nuisance,
Unsightly
and Untidy
Lands
3.2
A Person shall not cause or permit a Nuisance
to exist on Property
which they
Own or Occupy.
Ml
3.3
A Person shall not allow Property which they Own or Occupy to be or to become
Unsightly
or Untidy.
3.4
No Owner or Occupant
of a Property shall have or allow in or on the Property,
the accumulation
of:
a. any material that creates unpleasant
odour;
b.
any material likely to attract animals, pests or wildlife; or
c. animal remains, parts of animal remains or animal feces.
3.5
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 viewing
from outside the Property:
a. loose garbage and 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
3.6
Landowners
within the Village of Carbon are required to remove all snow, ice,
dirt, and other obstructions
from any Sidewalk adjacent to Property which they
Own or Occupy within 48 hours after all snow, ice, dirt, and other obstructions
has been deposited.
3.7
If a Landowner
fails to remove all snow, ice, dirt, and other obstructions
from any
Sidewalk adjacent to Property they Own or Occupy within 48 hours affer the
snow, ice, dirt, and other obstructions
has been deposited,
the Village may carry
out the removal of snow, ice, dirt, and other obstructions
or contract out the
removal of snow, ice, dirt, and other obstructions,
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 Municipal
Government
Act.
3.8
A Landowner
shall ensure that there are no obstructions
on, over (e.g.
overhanging
trees or other landscaping
must be trimmed to leave clear at least
two (2) metres in height) or beside any Sidewalk. This includes but is not limited
to: extension cords, debris, overgrown
grass, leaves, tree limbs and hedges.
BOULEV
ARDS
3.9
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 13
centimetres;
b.
removing
any accumulation
of fallen leaves or other debris; and
c.
notifying the Village if tree maintenance
is required.
BUILDINGS
3. 10
A Person shall not cause or permit a Nuisance
to exist in respect
of any Building
on land they Own or Occupy.
3.'l 'l
For the purpose
of greater
certainty,
a Nuisance
in respect
of a Building means a
Building showing signs of serious disregard
for general maintenance
and
upkeep, whether
or not it is detrimental
to the surrounding
area, some examples
of which include, but are not limited
to, the following:
a. any damage
to the Building;
b. any rot or other deterioration
within the Building;
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;
or
d. any mobile home or other Building that requires
skirting that is missing
skirting.
UNOCCUPIED
OR UNSECURED
BUILDINGS
3.12
If a Building, normally
intended
for human habitation
is unoccupied
and is left
unsecured
with open door and/or window
openings,
the Owner of the Property,
shall ensure that each door and window
opening
be covered with a solid piece of
wood that 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;
d. coated with an opaque protective
finish in a manner
that will prevent
wood rot
and is visually
not detrimental
to the surrounding
area.
CONSTRUCTiON
WASTE
3.13
Eachconstructionsiteshallhaveawastecontainerorsecurecontainmentarea
of adequate
design to ensure that waste construction
materials
that are placed
inside will be prevented
from being blown away from the construction
site.
3.14
No Person shall allow loose construction
materials
to be stored or accumulated
on a construction
site they Own or Occupy unless it 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.
MOTOR
VEHICLES
Storage
of Vehicles
3.15
All Motor Vehicles,
including
but not limited to trailers, recreational
vehicles
and
other vehicles,
that are stored on a Residential
Property
shall:
a. be stored on an approved
parking pad as per Land Use Bylaw #201 8-804;
b. be stored in an orderly manner
and not haphazardly;
and
c.
not interfere
with the use of a roadway,
lane or sidewalk
or impede
reasonable
access to a neighbouring
Property.
Repair
of Motor
Vehicles
in a Residential
District
on a Residential
Property
Outside
of a Garage
Building
3.16
RoutinemaintenanceworkmaybeperformedonanyMotorVehiclesowned,
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 disposed
of;
e.
no power washing
of motor or power train is performed
on the Property;
and
T.
all building
and fire code regulations
are met.
Repair
of Motor
Vehicles
in a Residential
District
on a Residential
Property
Within
a Garage
Building
3. 17
Maintenance
work may be performed
on a Motor Vehicle
within a garage
building, 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 disposed
of;
e. no power washing
of motor or power train is performed
on the Property;
and
f.
all building and fire code regulations
are met.
3.18
WhenmaintenanceworkisbeingperformedonaMotorVehicle,thegarage
doors must be closed when no Person is working
on the Motor Vehicle which is
located in the garage.
Repair
of Motor
Vehicles
in all Non-Residential
Districts
3.19
MaintenanceworkmaybeperformedonaMotorVehicleinnon-residential
districts, 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 disposed
of;
e. no power washing
of motor or power train is performed
on the Property;
and
f.
a(l building and fire code regulations
are met.
3.20
Maintenance
work on a Motor Vehicle shall not be performed
outside of a
Building except for emergency
repair work.
Repair
of Motor
Vehicles
on a Road, Alley or Public
Space
3.21
No maintenance
work may be performed
on a Motor Vehicle
on a roadway,
lane
or other Public Place except for emergency
repair work to a Motor Vehicle.
3.22
Emergency
repair work includes
the following:
a. boosting;
b. tire changes;
or
c. towing services.
Derelict
Vehicles
3.23
A derelict
vehicle is one that:
a. is dismantled,
in disrepair,
abandoned;
b. is not insured or registered,
not road worthy;
c.
has roots, trees, grass growing in/through
the parts;
d. has one or more tires that are flat and not repaired,
or one or more tires are
missing from the vehicle; or
e. is being used for storage.
3.24
Derelict vehicles
are prohibited
in the Village of Carbon
and shall be removed
from the Property.
Failure by the Person who Owns the Property
to remove a
derelict
vehicle as required and in a timely manner
may result in the Village
issuing an order and removing
the derelict vehicle to a compound
for 14 days.
The owner of the derelict
vehicle or owner of the Property
may reclaim the
vehicle during this time. Affer 14 days, the derelict
vehicle
will be removed
from
the compound
and taken to a scrap yard for disposal.
All costs for removal,
compound
fees, and scrapping
fees will be charged
to the owner of the Property
and failure to pay such charges
will result in the charges
being added to the tax
role for that Property.
Project
Vehicles,
etc.
3.25
Notwithstanding
the prohibition
on derelict
vehicles
and the regulations
applicable
to the repair of Motor Vehicles,
project vehicles,
antique vehicles
or
decorative
vehicles
may, upon application
to the CAO, be exempted
from one or
more provisions
of this Bylaw.
3.26
In approving
the placement
and storage of project vehicles,
antique vehicles
or
decorative
vehicles,
the CAO shall take into consideration
whether
the vehicles
are being worked on and the manner
in which the vehicles
are being stored or
displayed.
3.27
All vehicles
approved
under this section must comply
with the approval
of the
CAO, be stored or displayed
on an approved
parking pad and either have tires or
be placed on appropriate
stands or blocks for safety.
3.28
No vehicle approved
under this section shall be used as a sign for a business
or
used as a planter.
REFRIGERATORS,
FREEZERS,
APPLIANCES
AND WATER
HEATERS
3.29
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.
3.30
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.
3.31
A refrigerator,
freezer, appliance
or water heater not in use must be removed
from the property
to an appropriate
disposal/storage
facility within 14 days from
the placing of the unit outside.
3.32
If an appliance
is not in compliance
with the above (3.30 a-e), for Safety reasons,
the Village may issue an order and contract
for the removal of the offending
appliance
with 72 hours notice to the person who Owns the Property.
All fees for
pickup, disposal
and mileage for disposal
will be charged
to the person who
Owns the Property
and failure to pay the charges
to the Village will result in all
charges
being added to the tax role for that Property.
PART IV - NOISE CONTROL
DEFINITIONS
4.1
In this Part:
a. "Holiday"
means New Year's Day, Alberta Family Day, Good Friday, Victoria
Day, Canada Day, Civic Holiday, Labour Day, National
Day forTruth
and
Reconciliation
Day, Thanksgiving
Day, Remembrance
Day, and Christmas
Day of every year;
b. "Noise"
means any sound that is reasonably
likely to annoy or disturb the
peace of others;
c. "Weekday"
means Monday
through Friday; and
d. "Weekend"
means Saturday
through Sunday.
PROHIBITED
NOISE
4.2
A Person shall not cause or permit any Noise that annoys
or disturbs
the peace
of any other Person.
4.3
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.
CRITERIA
4.4
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
ACTMTY
NOISE
4.5
A Person shall not cause or permit any construction
activity
on Property
they
Own or Occupy before 7:00 a.m. or after 1l :OO p.m. on a Weekday
or before
8:00 a.m. or affer 1l :OO p.m. on a Weekend
or Holiday.
4.6
A Person shall not cause or permit the operation
of any type of construction
equipment
in a residential
area without
effective
muffling
devices in good working
order and in constant
operation.
MOTOR
VEHICLES
NOISE
4.7
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,
which
sound includes
but is not limited to:
a.
racing of an engine while stationary;
b. operation
of a motor vehicle in such a way that the tires squeal;
c. operation
of a vehicle or a vehicle with a trailer resulting in banging,
clanking,
squealing
or other sounds due to improperly
secured load or equipment
or
inadequate
maintenance;
or
d.
operation
of an engine or motor in, or on, an motor vehicle or item of attached
auxiliary
equipment
for a continuous
period exceeding
five (5) minutes, while
stationary
in a residential
area unless:
the original equipment
manufacturer
specifically
recommends
a longer
idling period for normal and efficient
operation
of the motor vehicle in
which case such recommended
period shall not be exceeded;
operation
of such engine or motor is essential
to a basic function of the
vehicle or equipment,
including
but not limited to, operation
of ready-mix
concrete
trucks, lift platforms;
weather
conditions
justify the use of heating or refrigerating
systems
powered
by the motor or engine for the safety and welfare of the
operator,
passengers,
or animals,
or the preservation
of perishable
cargo, and the vehicle is stationary
for the purposes
of delivery
or
unloading;
iv.
prevailing
low temperatures
make longer idling periods necessary,
or
v.
the idling is for the purpose
of cleaning
and flushing
the radiator
and
associated
circulation
system for seasonal
change of antifreeze,
cleaning
of the fuel system; or
carburetor
or the like work when such work is performed
other than for
profit.
4.8
The use of Dynamic
Braking or engine braking or engine retarder
brakes is
prohibited.
ANIMAL
NOISE
4.9
No person shall allow a domestic
pet, or any other animal kept or used for any
purpose other than agricultural
purposes,
to emit persistent
barking, calling,
whining,
or other persistent
noise.
MUSIC AND OTHER
NOISE
4.10
NopersonwithinthemunicipalityshallemitorcauseorpermittheemissionoT
sound resulting
from the operation
of any stereo, or other electronic
device
designed
to create, transmit,
reproduce
or amplify sound in or on a motor vehicle
which is audible at a distance
of 8 meters (26feet)
from such motor vehicle.
4.I I
No person within the municipality
shall permit the sound from or sound created
by any radio, phonograph,
tape player, television,
electronic
device, public
address
system, sound equipment,
loud speaker,
amplifier,
or any musical or
sound producing
instrument
of whatever
kind when the same is played or
operated
in such manner
or with such volume as to disturb the peace, quiet,
comfort
or repose of any individual
inside or outside of any office, dwelling house,
apartment,
hotel/motel
or any other type of residence.
EXCEPTIONS
4.12
Unless otherwise
provided in this Bylaw, the prohibition
of all noise as listed
above applies at all times of the day or night excepting
the following
exceptions:
a.
Nothing in this part prohibits:
a person who is an employee
or authorized
agent of the Village from
producing
certain sounds while acting within the scope of their functions,
duties or powers;
situations
where the CAO has issued a permit allowing
the production
of
certain sounds on whatever
conditions
the CAO deems appropriate.
An
example
of this may be fireworks,
rodeos, petting zoo, concerts;
or
emergency
Service vehicles
in service for the immediate
health, safety
or welfare
of inhabitants
or the preservation
or restoration
of property,
unless such sound or vibration
is clearly of a longer duration
or nature
than is reasonably
necessary
for the accomplishment
of such
emergency
purpose.
PART V - ENFORCEMENT
OFFENCE
5.1
AnyPersonwhocontravenesanyprovisionsofthisBylawisguiltyofanoffence
and liable upon summary
conviction:
a. for the first offence, to a specified
penalty
as set out in the Master Rates
Bylaw 2022-868;
b. for the second or subsequent
offence occurring
within 365 days of the
previous
offence, to a specified
penalty of double the original penalty as set
out in the Master Rates Bylaw 2022-868
; or
c. where no specific penalty is specified,
a penalty
of not less than One Hundred
($1 00.00) 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 Municipal
Government
Act.
MUNICIPALTAG
5.2
A Bylaw Enforcement
Officer is hereby authorized
and empowered
to issue a
Municipal
Tag to any Person or Property
owner who the Bylaw Enforcement
Officer has reasonable
and probable
grounds
to believe has contravened
any
provisions
of this Bylaw.
5.3
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
Village the penalty specified
on the Municipal
Tag.
VIOLATION
TICKET
5.4
If the penalty
specified
on the Municipal
Tag is not paid within the prescribed
time
period, then it is hereby authorized
and empowered
to be placed on the
landowners
Municipal
taxes on December
31 of the current tax year.
5.5
Notwithstanding
anything
else in this Bylaw, a Bylaw Enforcement
Officer is
hereby authorized
and empowered
to immediately
issue a Violation
Ticket
pursuant
to the Master
Rates Bylaw 2022-8ei8 as amended,
to any Person who
the Peace Officer has reasonable
grounds
to believe has contravened
any
provisions
of this Bylaw.
5.6
If a Violation
Ticket is issued in respect of an offence,
the Violation
Ticket may;
a. specify
the fine amount
established
in the Master Rates Bylaw 2022-868
for
the offence; or
CONTINUING
OFFENCE
5.7
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
LIABILITI
5.8
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
in the course of the employee's
employment
with the Person,
or in the course of the agent exercising
the powers or performing
the duties on
behalf of the Person under their agency relationship.
CORPORATIONS
AND PARTNERSHIPS
5.9
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.
5.10
lfapartnerinapartnershipisguiltyofanoffenceunderthisBylaw,eachpartner
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
5.11
Notwithstanding
anything
else in this Bylaw:
a.
If the CAO believes,
on reasonable
grounds,
that a Person is contravening
any provision
of this Bylaw, including
where any Property
in the Village is
deemed
by a Bylaw Enforcement
Officer to be Untidy, Unsightly,
or a
Nuisance,
the CAO may, by written order, require any Person responsible
for
the contravention
to remedy it.
b. The order may:
i.
direct a Person to stop doing something,
or to change
the way in which
the Person is doing it;
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;
state a time within which the Person must comply
with the directions;
and
state that if the Person does not comply
with the directions
within a
specified
time, the Village will take the action or measure.
c. 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.
d.
An order issued pursuant
to this section may be served:
i.
(n the case of an individual:
1.
by delivering
it personally
to the individual;
2.
by leaving it for the individual
at their apparent
place of residence
with someone
who appears
to be at least 18 years of age; or
3. 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
Village or at the Land Titles registry;
In the case of a corporation:
1. by delivering
it personally
to any director
or officer of the corporation;
2. 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
3. by mail addressed
to the registered
office of the corporation.
OBSTRUCTION
- FAILURE
TO COMPLY
5.12
A Person shall not obstruct
or hinder any Person in the exercise
or performance
of the Person's
powers pursuant
to this Bylaw.
5.13
Apersonshallnotfailtocomplywithanordertoremedythatisdulyissuedin
accordance
with this Bylaw.
PART Vl - GENERAL
POWERS
OF THE CAO
v9
%
6.1
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;
c. take any steps or carry out any actions required to remedy
a contravention
of
this Bylaw;
d.
in accordance
with Schedule
"B" attached
hereto and forming part of this
Bylaw, 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 Village; and
j.
appointinspectorsforthepurposesoftheAgr7cu/tura/PestAct,R.S.A.2000,
c. A-8.
PERMITS
6.2
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.
6.3
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.
6.4
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
6.5
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.
CERTIFIED
COPY OF RECORD
6.6
A copy of a record of the Village, 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.
NUMBER
AND GENDER
REFERENCES
6.7
All references
in this Bylaw will be read with such changes
in number and gender
as may be appropriate
according
to whether
the reference
is to a male or female
person, or a corporation
or partnership.
SEVERABILITY
6.8
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.
The Village, a Bylaw Enforcement
Officer or any Person who inspects
Property
under this Bylaw or any person who performs
work on behalf of the Village is not
liable for any damages
caused by the inspection,
the work or disposing
of
anything referred to in an Order.
PART Vll - TRANSITIONAL
REPEALS
71
The following
bylaw(s)
are repealed
upon passage
of this Bylaw: 2022-867
Community
Standards
Bylaw
ENACTMENT
7.2
This Bylaw shall come into force and effect when it receives
Third and Final
reading and is duly signed.
Read a FIRST time in Council this 21st day oT February,
2023.
Read a SECOND
time in Council this 21 st day of February,
2023.
Motion to proceed to Third and Final reading. CARRIED
UNANIMOUSLY.
Read a THIRD time in Council and finally passed this 21 st day of February,
2023.
Mayor Bryan Peever
CAO Vanessa
Van der Meer
SCHEDULE
"A"
Enforcement
Guidelines
Respecting
the Community
Standards
Bylaw
1. Intent
of this Bylaw
The intent of this Bylaw is to promote
community
living standards
that reflect the belief
that community
members
should be able to reasonably
enjoy their health and well-being
where they live and work and be protected
from unwanted
and unwarranted
nuisances.
This Bylaw is intended
to recognize
and account
for the fact that sensitivity
to nuisances
varies greatly from individual
to individual
and to limit community
nuisance
exposure
to
levels that are considered
to be within the normal range of sensitivity
to such nuisances.
It may not, therefore,
be possible
to resolve all issues to the satisfaction
of those
individuals
with sensitivities
beyond this normal range.
2. Expectations
and Responsibilities
of Community
Members
Community
members
have the right to contact the CAO if they feel they are being
negatively
affected by a nuisance
addressed
by this Bylaw. All community
members
have a responsibility
to be reasonable
in their expectations
of how the dispute may be
resolved.
Council encourages
the promotion
of community
living standards
by which all
community
members
are expected
to try and show consideration
and respect to their
neighbours
in order to avoid complaints
under this Bylaw.
3. Nuisance
Complaint
Assessment
If a nuisance
complaint
is received,
it will be assessed
based on the criteria of duration,
frequency
and intensity,
taking into consideration
the time of day, the day of the week,
land use zoning and the type of nuisance.
Whether
or not enforcement
action is taken
and, if so, the form of enforcement
action taken is in the discretion
of the CAO.
4. Permits,
Licenses,
Exceptions
and Exemptions
There are many reasonable
cases where the CAO may issue permits or licenses
for
exceptions
or exemptions
to this Bylaw, to facilitate
the operation
of community
festivals,
industrial
processes
and emergency
equipment.
Where compliance
with the
requirements
of the noise and nuisance
regulations
is not considered
desirable
or
possible,
those responsible
for construction
projects, certain operations
or special
events, may make application
to the CAO for a temporary
exemption
or permit.