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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1708
GOOD NEIGHBOUR BYLAW
TOWN OF CARDSTON
BYLAW 1708
PAGE 1 OF 9
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ....................................................................................................................... 2
PURPOSE ................................................................................................................. 2
DEFINITIONS ........................................................................................................... 2
RULES FOR INTERPRETATION ................................................................................ 3
APPLICATION ........................................................................................................... 3
PART II - GENERAL REGULATIONS .......................................................... 4
BYLAW OFFICER ..................................................................................................... 4
PART III - NOISE REGULATIONS .............................................................. 4
GENERAL NOISE ..................................................................................................... 4
MOTOR VEHICLE NOISE .......................................................................................... 5
DOMESTIC NOISE .................................................................................................... 6
PART IV - PROPERTY MAINTENANCE ...................................................... 6
PART V - SNOW REMOVAL ....................................................................... 7
PART VI - COMPANION ANIMALS ............................................................. 7
PART VII - ILLEGAL DUMPING ................................................................. 7
PART VIII - EMERGENCIES ...................................................................... 8
PART IX - PENALTIES .............................................................................. 8
EFFECTIVE DATE .................................................................................................... 8
REPEAL .................................................................................................................... 8
TOWN OF CARDSTON
BYLAW 1708
PAGE 2 OF 9
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1708
GOOD NEIGHBOUR BYLAW
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA TO ENHANCE THE
QUALITY OF LIFE IN THE TOWN OF CARDSTON
WHEREAS the Municipal Government Act, Chapter 26, Revised Statutes of Alberta 2000 and
amendments thereto permits the Council of the Town of Cardston, by By-Law, to prohibit,
climate or abate noise and establish permissible noise levels for all or varying periods of the day:
AND WHEREAS the Council of the Town of Cardston deems it advisable to adopt such a By-
Law to regulate, prohibit and impose requirements in relation to nuisances, disturbances and
other objectionable situations;
NOW THEREFORE the Council of the Town of Cardston, in the Province of Alberta, duly
assembled enacts as follows:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This bylaw shall be known as the "Good Neighbour Bylaw" of
the Town of Cardston.
PURPOSE
2) The Purpose of this Bylaw is to regulate nuisances and
disturbances and enhance the quality of life in the Town of
Cardston.
DEFINITIONS
3) In this bylaw:
(a) "In Default" means failure to fulfill the legal obligation or
duty set out in a municipal tag or provincial ticket
(b) "Municipal Tag" means a tag or ticket, wherein a person
alleged to have committed a breach of a provision of this
By-Law, is given an opportunity to pay a voluntary penalty
to the Town of Cardston in lieu of prosecution for the
offence;
(c) "Bylaw Enforcement Officer" means anyone with authority
to enforce the bylaws of the Town of Cardston, which
includes duly appointed Bylaw Officers, RCMP, and Peace
TOWN OF CARDSTON
BYLAW 1708
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Officers as defined by the Peace Officer Act of Alberta.
(d) "Nuisance Animal" includes, but is not limited to any
companion animal that:
i. consistently roams;
ii. makes persistent, excessive noise;
iii. repeatedly defecates on private property other than the
property on which it is
iv. ordinarily kept;
v. repeatedly runs at or chases a person, animal or vehicle;
vi. endangers the health of a person; or
vii. repeatedly causes substantial damage to anything outside
the property on which it is ordinarily kept.
(e) "Person" includes His Majesty and public bodies, bodies
corporate, Societies, Partnerships, Firms, an individual,
Companies
(f) "Property" means real property and includes land, together
with all improvements which have been so affixed to the
land as to make them in fact and in law a part thereof;
(g) "Provincial Violation Ticket" means a violation ticket as
define in section 1 of the Alberta Provincial Offences
Procedures Act, RSA 2000, c P-34.
(h) "RCMP Officer" means an individual who is a member of
the Royal Canadian Mounted Police.
(i) "Town" means the Town of Cardston or the area within the
corporate limits of the Town of Cardston, as the context
may require;
(j) "Voluntary penalty" means a penalty specified in this By-
Law for the contravention of a provision of this By-Law
which amount shall be paid by a person to whom a
municipal tag has been issued.
RULES FOR
INTERPRETATION
4) The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
5) Where a provision in this bylaw may also be enforced under
another bylaw, it will be at the discretion of the Bylaw
Enforcement Officer whether they lay charges under this bylaw
or under another bylaw.
APPLICATION
6) This bylaw does not apply to the following:
TOWN OF CARDSTON
BYLAW 1708
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(a) Official work conducted by the Town of Cardston and its
employees.
(b) Town hosted events or celebrations, including but not
limited to parades and fireworks.
(c) Permitted uses of Town facilities.
PART II - GENERAL REGULATIONS
BYLAW OFFICER
No person will obstruct, or interfere with, a Bylaw Enforcement
6)
Officer in the exercise of their duties.
A Bylaw Enforcement Officer will have the right to enter upon
7)
the real property of any owner or occupant at all reasonable
times and in a reasonable manner for the purposes of inspecting
property to determine compliance with the provisions of this
Bylaw.
PART III - NOISE REGULATIONS
GENERAL NOISE
8) No person shall make, cause or permit to be made or caused,
any noise which disturbs or tends to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of any person or
persons, either in or on private property, public property, or on
any Highway in such a manner as to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of any person or
persons in the neighborhood or vicinity of those premises within
the corporate limits of the Town of Cardston.
9) No person being the owner, tenant or occupier of property shall
allow or permit such property to be used so that noise which
occurs thereon or emanates therefrom, disturbs or tends to
disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons, either in or on private
property, public property, or on any Highway in such a manner
as to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighborhood or
vicinity of those premises within the corporate limits of the
Town of Cardston.
10) For the purposes of this part, noises include--but are not limited
to--those made by:
(a) Radios;
(b) Stereophonic equipment;
TOWN OF CARDSTON
BYLAW 1708
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(c) Instruments, or any apparatus made or modified for the
production or amplification of sound.
MOTOR VEHICLE
NOISE
11) MOTOR VEHICLE NOISES
(a) The failure of a person within the Town to comply with the
following provisions of the Traffic Safety Act and
Regulations is guilty of an offence under this bylaw:
i. The prohibition against the use of signaling devices on
motor vehicles, motorcycles, or bicycles so as to make
more noise than is reasonably necessary for the purpose
of giving notice or warning to other persons on the
highway, as set out in subsection (2) of Section 83 of the
Traffic Safety Act; Use of Highway and Rules of Road
Regulation;
ii. The restrictions on the type or use of mufflers and similar
equipment on motor vehicles, as set out in 61(1) of the
Traffic Safety Act; Vehicle Equipment Regulation;
iii. The prohibition against equipping a vehicle other than
those specified with a siren, as set out in section 77 of the
Traffic Safety Act Vehicle Equipment Regulation;
constitutes a violation of this by-law in addition to and
not in substitution for the offence under Traffic Safety
Act and Regulations.
(b) Where a person operates a vehicle of any type on a street in
a Residential zone at any time in such a way as to unduly
disturb the residents of that street, he/she is guilty of an
offence under this bylaw in addition to and not in
substitution for any offence of which he may be guilty under
Section 13(1)(g)(iii) of the Traffic Safety Act.
(c) Subsection (b) does not apply to work on a Town street or
on a public utility carried on by
i. A Person acting in the normal course of that Person's
employment as a Town Employee (or as an agent under
contract by the Town); or
ii. A Person operating an Emergency Vehicle in the normal
course of the Person's employment;
(d) Where a vehicle is equipped with a siren under Section 77,
of the Vehicle Safety Act; Vehicle Equipment Regulations,
the driver thereof shall only use the siren when the vehicle is
proceeding in response to an emergency call
(e) Subsection (d) does not apply to the use of a siren on a
vehicle operated by a member of the Royal Canadian
TOWN OF CARDSTON
BYLAW 1708
PAGE 6 OF 9
Mounted Police, or a Peace Officer.
12) The use of engine retarder brakes is prohibited within the
Municipal Boundaries of the Town of Cardston on all roads
excepting provincial highways.
13) No person shall advertise any event or merchandise by ringing
bells, calling loud, playing any type of musical or noise making
instrument or by any other audible means in any part of the
Town except by permit from the Town.
DOMESTIC NOISE 14) No person shall operate:
(a) a motorized or electric construction/lawn/garden tool; or
(b) a snow clearing device powered by an engine of any type;
in a Residential Zone between the hours of:
(1) ten o'clock in the evening and seven o'clock in the
morning of the next day which is a weekday; or
(2) ten o'clock in the evening and eight o'clock in the
morning of the next day which is a Sunday or
holiday.
15) Unless written permission from the Town is first obtained, no
person shall operate or allow to be operated:
(a) a riveting machine; or
(b) a concrete mixer; or
(c) a gravel crusher; or
(d) a trenching machine; or
(e) jack hammer or other pneumatic tool; or
(f) any other construction equipment;
in a Residential Zone between the hours of:
(1) ten o'clock in the evening and seven o'clock in the
morning of the next day which is a weekday; or
(2) ten o'clock in the evening and eight o'clock in the
morning of the next day which is a Sunday or
holiday.
PART IV - PROPERTY MAINTENANCE
16) No Owner, occupier or tenant of real property will allow or
permit the property to become or remain unsightly.
17) Every owner, occupier or tenant of real property will maintain
TOWN OF CARDSTON
BYLAW 1708
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in a clean and well-kept condition every boulevard, lane or alley
adjacent their property.
PART V - SNOW REMOVAL
18) Every owner, occupier or tenant of real property will keep the
sidewalk adjacent to their property free of snow or ice, and will
remove any snow that has accumulated on the sidewalk within
24 hours from when it has accumulated.
19) No one in a residential area will deposit any snow from any
sidewalk or driveway onto any road within the Town of
Cardston.
20) No one in a residential area will deposit any snow onto any
private property without the consent of the owner, occupier, or
tenant of the private property.
PART VI - COMPANION ANIMALS
21) No companion animal will become a nuisance animal to
neighbours. Should complaints be received, the owner of the
companion animal may be required to keep the animal indoors
to ensure a nuisance is not produced and or be subject to
enforcement actions.
22) If an animal is subject to repeat violations the Town may
declare the animal a nuisance animal and thereafter escalate the
issuing of Municipal Tickets on a multiplying basis as to the
number of violations committed currently and or previously.
PART VII - ILLEGAL DUMPING
23) No person will deposit refuse upon a public space except in
waste receptacles provided for such purposes (littering).
24) No person will deposit any refuse of any kind upon private
property except for in a proper waste receptacle as defined by
the garbage bylaw (unsightly property).
25) No person will deposit any off-site refuse of any kind upon
private property or a public space unless a waste receptacle
explicitly marked for that purpose is provided (illegal dumping).
TOWN OF CARDSTON
BYLAW 1708
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PART VIII - EMERGENCIES
26) Nothing herein shall render any person liable to a fine, penalty
or punishment for performing work of an emergency nature for
the preservation or protection of life, health or property.
PART IX - PENALTIES
27) A Municipal tag or Provincial Violation Ticket in the amount
of the voluntary penalty may be issued for any breach of this
By-Law.
28) In the event a municipal tag remains unpaid after the period of
thirty (30) days a summons will be issued.
29) Any person who commits a breach of any provision of this By-
Law shall be liable to a voluntary penalty of:
(a) For the first offence to a voluntary penalty of One
Hundred ($100.00) Dollars and upon Summary
Conviction to a fine of not less than Two Hundred
($200.00) Dollars and not to exceed Twenty-five Hundred
($2,500.00) Dollars, and in default of payment to a term of
imprisonment of not more than six (6) months, or to both.
(b) For the second offence within a six (6) month period to a
voluntary penalty of Two Hundred ($200.00) Dollars and
upon Summary Conviction to a fine of not less than Three
Hundred ($300.00) Dollars and not to exceed Twenty-five
Hundred ($2,500.00) Dollars, and in default of payment to
a term of imprisonment of not more than six (6) months,
or to both.
(c) For a third and subsequent offence within a six (6) month
period a summons shall be issued and upon Summary
Conviction to a fine of not less than Three Hundred
($300.00) Dollars and not to exceed Twenty-five Hundred
($2,500.00) Dollars, and in default of payment to a term of
imprisonment of not more than six (6) months, or both.
EFFECTIVE DATE
30) This Bylaw shall come in force upon the date of its third and
final reading.
REPEAL
31) Bylaw #1600 and amendments there to shall be rescinded.
TOWN OF CARDSTON
BYLAW 1708
PAGE 9 OF 9
Received First Reading this 24 day of January, 2023
Received Second Reading this 14 day of February, 2023
Received Third & Final Reading this 14 day of February, 2023
Signed by the Mayor and the Chief Administrative Officer this 15 day of February, 2023
TOWN OF CARDSTON
MAYOR - Maggie Kronen
CHIEF ADMINISTRATIVE OFFICER - Jeff Shaw