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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1643
PUBLIC SAFETY BYLAW
Consolidated to bylaw 1643C - October 8, 2024
TOWN OF CARDSTON
BYLAW 1643
PAGE 1 OF 9
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ....................................................................................................................... 2
PURPOSE ................................................................................................................. 2
DEFINITIONS ........................................................................................................... 2
RULES FOR INTERPRETATION ................................................................................ 4
PART II - GENERAL PROVISIONS ............................................................. 4
SOLICITATION AND PANHANDLING ........................................................................ 4
URINATION AND DEFECATION ................................................................................ 4
SPITTING.................................................................................................................. 5
PUBLIC DISTURBANCES .......................................................................................... 5
DAMAGES AND GRAFITTI ........................................................................................ 5
ASSEMBLIES AND LOITERING ................................................................................ 6
SALE OF NON-POTABLE SUBSTANCES ................................................................... 6
OBSTRUCTION AND INTERFERENCE ...................................................................... 6
OFFENCES AND PENALTIES.................................................................................... 6
MUNICIPAL TICKETS AND PROVINCIAL VIOLATION TICKETS ................................ 6
EFFECTIVE DATE .................................................................................................... 7
REPEAL .................................................................................................................... 7
TOWN OF CARDSTON
BYLAW 1643
PAGE 2 OF 9
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1643
PUBLIC SAFETY BYLAW
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA TO PROHIBIT
CERTAIN ACTIVITIES IN ORDER TO ENSURE PUBLIC SAFETY AND WELFARE OF ALL
PERSONS AND PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF CARDSTON.
WHEREAS, pursuant to the provisions of the Municipal Government Act, RSA 2000, Chapter
M-26 and amendments thereto, Council may pass a bylaw for municipal purposes respecting the
safety of people and the protection property,
AND WHEREAS, under the provisions of the Municipal Government Act, the Council of the
Town of Cardston may pass by-laws respecting people, activities, and things in, on, or near a
public place or a place that is open to the public;
AND WHEREAS, it is desirable to establish a by-law to regulate problematic social behaviors
that may have a negative impact on the enjoyment of public spaces within the municipal
boundary
NOW THEREFORE, the Council of the Town of Cardston, duly assembled, enacts as follows:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This bylaw shall be known as the "Public Safety Bylaw" of the
Town of Cardston.
PURPOSE
2) The Purpose of this Bylaw is to prohibit certain activities in
order to ensure public safety and welfare of all persons and
property within the Municipality of the Town of Cardston.
DEFINITIONS
3) In this bylaw:
(a) "Chief Administrative Officer" means the Chief
Administrative Officer and/or Municipal Manager of the
Town of Cardston appointed by Council.
(b) "defecate" mean to discharge fecal matter from the bowels;
(c) "fight" means any confrontation involving violent physical
TOWN OF CARDSTON
BYLAW 1643
PAGE 3 OF 9
contact between two or more people;
(d) "loitering" means to remain in any particular place for a
prolonged amount of time without any apparent purpose.
Sitting or lying on a public street, curb or sidewalk is
deemed to be loitering.
(e) "non-potable substance" means any substance not
defined as an Illicit Drug under the Controlled Drugs and
Substances Act S.C. 1996, c. 19, used or consumed for the
purpose of causing an intoxicating or altering effect on the
body and or the mind. For the Purposes of this bylaw, non-
potable substances shall include, but are not limited to; paint
thinner, aerosol paints, lacquer, mouth wash, hair or hygiene
products, gasoline or other fuels, and household cleaning
products.
(f) "occupy" or "occupies" means residing or to be in actual or
apparent possession or control of a property;
(g) "panhandling" means the personal, verbal or written, and
direct solicitation by a person of gratuitous donations of
money, food, or goods of any kind, or the exchange of
money, food, or goods, or an unsolicited service for money
of any kind from any member of the public, but does not
include a solicitation allowed or authorized pursuant to the
Charitable Fundraising Act, or any other legislation
permitting the solicitation of charitable donations;
(h) "Peace Officer" means a member of the Royal Canadian
Mounted Police, Community Peace Officer as appointed by
the Province of Alberta, Bylaw Enforcement Officer as
appointed by the Town of Cardston, and any other person
appointed either by the Province of Alberta or the
Government of Canada such as, but not limited to a Sheriff,
Fish and Wildlife Officer, Peace Officer, Conservation
Officer;
(i) "public place" means any property, whether publicly or
privately owned, to which members of the public have a
reasonable right of access or by express or implied
invitation, whether on payment of fee or not;
(j) "spit" means to eject phlegm, saliva, chewing tobacco juice,
or any other substance from the mouth;
(k) "Town" means the Town of Cardston or the area within the
TOWN OF CARDSTON
BYLAW 1643
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corporate limits of the Town of Cardston, as the context
may require;
(l) "urinate" means to discharge urine from the body.
RULES FOR
INTERPRETATION
4) The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
PART II - GENERAL PROVISIONS
SOLICITATION
AND
PANHANDLING
5) No person shall deposit, place, or throw or cause to be placed,
deposited, or thrown upon or into any motor vehicle, which is
parked on any street, lane, parking lot, or other public place, any
leaflet, pamphlet, handbill, flyer, or any paper containing
printed or written matter, whether advertising or not, with the
exception of any violation ticket or summons issued pursuant to
lawful authority;
6) No person shall engage in the act of panhandling;
(a) Between 1900hrs (7:00PM) and 0700hrs (7:00AM); or
(b) As group of two or more persons; or
(c) From any person who at the time is an occupant or engaged
in operating a motor vehicle; or
(d) From a person who has refused or declined such solicitation;
or
(e) Within 10 meters of the entrance to a bank, credit union,
trust company, or other financial institution where cash can
be withdrawn; or
(f) Within 10 meters of an automated teller machine or other
device from which cash can be electronically accessed or
dispensed.
URINATION AND
DEFECATION
7) No person shall;
(a) Defecate on or in any public place where such activity
would not normally take place; or
(b) Urinate on or in any public place, where such activity would
not normally take place.
TOWN OF CARDSTON
BYLAW 1643
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SPITTING
8) No person shall spit on any public place;
PUBLIC
DISTURBANCES
9) No person shall cause a disturbance in a public place by;
(a) Fighting;
(b) Screaming or shouting;
(c) Swearing or using abusive, insulting, or derogatory
language directed at or towards another person;
(d) Molesting, harassing, or interfering with a person in a way
that detracts from their peace or safety;
(e) Being intoxicated by drugs or alcohol;
(f) Sleeping in an area where such activity would not normally
take place; or
10) No person shall;
(a) use any object in a manner that disturbs or is likely to
disturb the peace or safety of a person in a public place;
(b) inhale, ingest, or otherwise introduce into their body, a non-
potable substance.
(c) behave in any manner that disturbs or is likely to disturb the
peace or safety of a person in a public place; or
DAMAGES AND
GRAFITTI
11) No person shall;
(a) Intentionally damage or vandalize or attempt to damage or
vandalize, any public property, or;
(b) Place any graffiti or cause it to be placed on any property;
(c) Without lawful excuse, the proof of which lies on him, have
in his possession any instrument suitable for the purpose of
applying graffiti under circumstances that give rise to a
reasonable inference that the instrument has been used or is,
or was intended to be used for any such purpose;
(d) In a prosecution for an offence under subsection (b) or (c), if
the defendant seeks to rely on the graffiti being made with
the consent of the owner of the Premises, the onus of the
proving the owner's consent rests with the person relying on
TOWN OF CARDSTON
BYLAW 1643
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consent.
12) (Rescinded by 1643C)
ASSEMBLIES AND
LOITERING
13) No person shall loiter on any private property, or in any public
place.
13.1) No person shall be permitted in the Town of Cardston to
wear or display any apparel, insignia, or other paraphernalia
that associates that individual with any criminal organization
or street gang.
SALE OF NON-
POTABLE
SUBSTANCES
14) No person shall sell or otherwise distribute a non-potable
substance.
(a) Section 14 shall not apply to any person working for a
business which sells such products as a part of the regular
operations of that business.
OBSTRUCTION
AND
INTERFERENCE
15) No person shall obstruct the investigation of any contravention
of this Bylaw by;
(a) Providing a Peace Officer with a false identity, or;
(b) Providing a Peace Officer with false or misleading
information pertaining to the investigation or contravention.
i. For the purpose of section 15(a) a person must provide a
Peace Officer with their full name and date of birth,
OFFENCES AND
PENALTIES
16) Any person that contravenes this Bylaw is guilty of an offence.
17) Any person who is guilty of an offence is liable, upon summary
conviction to a fine not less than that established in Appendix
"A" of this Bylaw, and not exceeding Ten Thousand
($10,000.00), and to imprisonment for a term not more than
one-year for non-payment of a fine or penalty.
18) The penalty for a second offence under the same section of this
Bylaw within a calendar year, shall be double the fine amount
as indicated for first offence in Appendix "A" of this Bylaw.
19) The penalty for a third and subsequent offences under the same
section of this bylaw, within one calendar year, shall be triple
the fine amount as indicated for first offence in Schedule "A" of
this Bylaw.
MUNICIPAL
20) A Municipal Tickets or Provincial Violation Ticket may be
TOWN OF CARDSTON
BYLAW 1643
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Received First Reading this 23rd day of January, 2018
Received Second Reading this 13th day of February, 2018
Received Third & Final Reading this 27 day of February, 2018
Signed by the Mayor and the Chief Administrative Officer this 28th day of February, 2018
TICKETS AND
PROVINCIAL
VIOLATION
TICKETS
issued in respect to an offence, and the Violation Ticket or
Municipal Ticket must specify the fine amount established by
this Bylaw for the offence;
21) The person receiving the Municipal Ticket or Violation Ticket
may pay the fine amount on or before the required date, and this
person shall not be prosecuted for the offence;
22) A Municipal Ticket must be paid within thirty (30) days of the
date it was issued; and
23) If a Municipal Ticket has been issued, a person may, prior to the
required date, request that a Provincial Violation Ticket be
issued in place of a Municipal Ticket to allow that person to
attend court with respect to the offence.
24) If a Provincial Violation Ticket is issued in respect to an
offence;
(a) The Provincial Violation Ticket may specify the fine
amount established by this bylaw for the offence; or
(b) The Provincial Violation Ticket may require a person to
appear in court without the alternative of making a
voluntary payment;
25) If a Provincial Violation Ticket specifies a fine amount, a
person may make a voluntary payment equal to the fine amount
specified on or before the required date, and this person shall
not be prosecuted for the offence; or
26) If a Provincial Violation Ticket has specified fine amount, a
person or their agent may appear in court on the required date
and elect to enter a plea with respect to offence.
EFFECTIVE DATE
27) This Bylaw shall come in force upon the date of its third and
final reading.
REPEAL
28) Bylaw 1608 and all amendments there to shall be rescinded.
TOWN OF CARDSTON
BYLAW 1643
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Amended by Bylaw 1643A this 9 day of June, 2020
Amended by Bylaw 1643B this 14 day of February, 2023
Amended by Bylaw 1643C this 8 day of October, 2024
APPENDIX "A"
TOWN OF CARDSTON
BYLAW 1643
PAGE 1 OF 9
Section:
Description:
1st. Offence 2nd. Offence
3rd. Offence
5
Deposit material on Motor Vehicle
$50.00
$100.00
$150.00
6(a)
Panhandle at night (7PM to 7AM)
$250.00
$500.00
$750.00
6(b)
Panhandle while in group (2+) people.
$250.00
$500.00
$750.00
6(c)
Panhandle any person in a M/V
$250.00
$500.00
$750.00
6(d)
Panhandle from person who declined
$250.00
$500.00
$750.00
6(e)
Panhandle w/i 10M of bank
$250.00
$500.00
$750.00
6(f)
Panhandle w/i 10M of ATM
$250.00
$500.00
$750.00
7(a)
Defecate on public property
$250.00
$500.00
$750.00
7(b)
Urinate on public property
$250.00
$500.00
$750.00
8
Spit on public property
$100.00
$200.00
$300.00
9(a)
Cause disturbance: Fighting
$250.00
$500.00
$750.00
9(b)
Cause Disturbance: Scream/Shout
$250.00
$500.00
$750.00
9(c)
Cause Disturbance: Swear/Abusive
Lang'
$250.00
$500.00
$750.00
9(d)
Cause Disturbance: Molest, Harass,
Interfere with person
$250.00
$500.00
$750.00
9(e)
Cause Disturbance: Intox' drugs or
alcohol
$250.00
$500.00
$750.00
9(f)
Cause Disturbance: Sleeping
$250.00
$500.00
$750.00
10(a)
Disturb the peace with object
$250.00
$500.00
$750.00
10(b)
Use or consume non-potable substance
$250.00
$500.00
$750.00
10(c)
Disturb peace and safety of person
$250.00
$500.00
$750.00
11(a)
Vandalize or damage public property
$250.00
$500.00
$750.00
11(b)
Place graffiti on any property
$250.00
$500.00
$750.00
11(c)
Possess graffiti instrument
$100.00
$200.00
$300.00
13
Loiter on private property
$100.00
$200.00
$300.00
13.1
Wear Gang insignia
$200.00
$400.00
$600.00
14
Sell or traffic intoxicating substance
$1,000.00
$2,000.00
$3,000.00
15(a)
Obstruct: False Identity
$1,000.00
$2,000.00
$3,000.00
15(b)
Obstruct: False/Misleading Information
$1,000.00
$2,000.00
$3,000.00