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City of Chestermere
PROVINCE OF ALBERTA
Bylaw #012-26
Community Standards Bylaw
Bylaw #012-26
(·p City of Chestermere
~
PROVINCE OF ALBERTA
Bylaw #012-26
Community Standards Bylaw
Bylaw #012-26
Bylaw #012-26
Community Standards Bylaw
TABLE OF CONTENTS
1.
TITLE
3
2.
DEFINITIONS
3
3.
APPLICATION
9
4.
LITTERING/UNLAWFUL WASTE VIOLATION
10
5.
FIGHTING/LOITERING/DISORDERLY CONDUCT OFFENCES
11
6.
PANHANDLING OFFENCES
12
7.
GRAFFITI PREVENTION AND ABATEMENT
12
8.
OPEN SPACES
12
9.
ALCOHOL CONSUMPTION IN OPEN SPACE AREAS
14
10.
FIRE AND FIRE PITS
15
11.
FIRE BANS
17
12.
OBSTRUCTION OF HYDRANTS
18
13.
FIREWORKS
18
14.
FIREARMS
19
15.
NOISE ABATEMENT
20
16.
GRAPHIC FLYERS AND THE PROMOTION OF HATEFUL MESSAGING
21
17.
REMEDIAL ORDERS
22
18.
APPEAL OF REMEDIAL ORDERS
23
19.
INSPECTIONS
24
20.
PENALITIES
24
21.
VIOLATION TICKETS
25
22.
INVESTIGATION OF COMPLAINTS
25
23.
SEVERABILITY
25
SCHEDULE "A"
27
2IPage
Bylaw #012-26
Community Standards Bylaw
TABLE OF CONTENTS
1.
TITLE
3
2.
DEFINITIONS
3
3.
APPLICATION
9
4.
LITTERING/UNLAWFUL WASTE VIOLATION
10
5.
FIGHTING/LOITERING/DISORDERLY CONDUCT OFFENCES
11
6.
PANHANDLING OFFENCES
12
7.
GRAFFITI PREVENTION AND ABATEMENT
12
8.
OPEN SPACES
12
9.
ALCOHOL CONSUMPTION IN OPEN SPACE AREAS
14
10.
FIRE AND FIRE PITS
15
11.
FIRE BANS
17
12.
OBSTRUCTION OF HYDRANTS
18
13.
FIREWORKS
18
14.
FIREARMS
19
15.
NOISE ABATEMENT
20
16.
GRAPHIC FLYERS AND THE PROMOTION OF HATEFUL MESSAGING
21
17.
REMEDIAL ORDERS
22
18.
APPEAL OF REMEDIAL ORDERS
23
19.
INSPECTIONS
24
20.
PENALITIES
24
21.
VIOLATION TICKETS
25
22.
INVESTIGATION OF COMPLAINTS
25
23.
SEVERABILITY
25
SCHEDULE "A"
27
2[Page
Bylaw #012-26
Community Standards Bylaw
A BYLAW OF THE CITY OF CHESTERMERE, IN THE PROVINCE OF ALBERTA, TO
AUTHORIZE AND CONTROL NEIGHBOURHOOD NUSISANCE, SAFETY AND LIVABILITY
IN THE CITY OF CHESTERMERE.
WHEREAS pursuant to the Municipal Government Act, RSA 2000, c M-26 and regulations
as amended, Council may pass Bylaws respecting the safety, health and welfare of
people and protection of people and property;
AND WHEREAS the Municipal Government Act, RSA 2000, c M-26, authorizes a
municipality to pass Bylaws respecting nuisances, including unsightly property;
AND WHEREAS the Municipal Government Act, RSA 2000, c M-26, authorizes a
municipality to enact Bylaws respecting the control and operation of parks,
campgrounds, athletic grounds and exhibition grounds;
AND WHEREAS the Municipal Government Act, RSA 2000, c M-26, authorizes a
municipality to pass Bylaws regarding the remedying of contraventions of Bylaws;
AND WHEREAS it is desirable for regulations which affect neighborhood livability to be
located, as much as possible, in one Bylaw;
NOW, THEREFORE THE COUNCIL OF THE CITY OF CHESTERMERE, DULY
ASSEMBLED, HEREBY ENACTS AS FOLLOWS:
1. TITLE
1.1 This Bylaw may be cited as the "Community Standards Bylaw".
2. DEFINITIONS
2.1 "Boat" means a small open water Vehicle propelled by an engine greater than
ten horsepower for use in inland waters;
2.2 "Chief Administrative Officer" or "CAO" means the Chief Administrative
Officer of the City of Chestermere, Alberta appointed by Council, or their
designate pursuant to the Act;
2.3 "Carry on" means to Carry on, continue, hold, keep, occupy, operate,
perform, or use a thing, object or practice;
2.4 "City" means the municipal corporation of the City of Chestermere, in the
Province of Alberta, or the area within the City of Chestermere's corporate
limits, as the context requires;
3IPage
Bylaw #012-26
Community Standards Bylaw
A BYLAW OF THE CITY OF CHESTERMERE, IN THE PROVINCE OF ALBERTA, TO
AUTHORIZE AND CONTROL NEIGHBOURHOOD NUSISANCE, SAFETY AND LIVABILITY
IN THE CITY OF CHESTERMERE.
WHEREAS pursuant to the Municipal GovernmentAct, RSA 2000, cM-26 and regulations
as amended, Council may pass Bylaws respecting the safety, health and welfare of
people and protection of people and property;
AND WHEREAS the Municipal GovernmentAct, RSA 2000, cM-26, authorizes a
municipality to pass Bylaws respecting nuisances, including unsightly property;
AND WHEREAS the Municipal Government Act, RSA 2000, cM-26, authorizes a
municipality to enact Bylaws respecting the control and operation of parks,
campgrounds, athletic grounds and exhibition grounds;
AND WHEREAS the Municipal Government Act, RSA 2000, cM-26, authorizes a
municipality to pass Bylaws regarding the remedying of contraventions of Bylaws;
AND WHEREAS it is desirable for regulations which affect neighborhood livability to be
located, as much as possible, in one Bylaw;
NOW, THEREFORE THE COUNCIL OF THE CITY OF CHESTERMERE, DULY
ASSEMBLED, HEREBY ENACTS AS FOLLOWS:
1.
TITLE
1.1
This Bylaw may be cited as the "Community Standards Bylaw".
2.
DEFINITIONS
2.1
"Boat" means a small open water Vehicle propelled by an engine greater than
ten horsepower for use in inland waters;
2.2
"Chief Administrative Officer" or "CAO" means the Chief Administrative
Officer of the City of Chestermere, Alberta appointed by Council, or their
designate pursuant to the Act;
2.3
"Carry on" means to Carry on, continue, hold, keep, occupy, operate,
perform, or use a thing, object or practice;
2.4
"City" means the municipal corporation of the City of Chestermere, in the
Province of Alberta, or the area within the City of Chestermere's corporate
limits, as the context requires;
3[Page
Bylaw #012-26
Community Standards Bylaw
2.5 "City Employee" means any employee of the City of Chestermere engaged in
any outdoor maintenance, roads maintenance, construction or waste
collection and includes seasonal employees;
2.6 "Construction Equipment" includes but is not limited to a backhoe,
bulldozer compressor, concrete mixer, dragline, dump truck, front-end
loader, gravel crusher, jack- hammer, motor grader, pneumatic drill, riveting
machine truck, scraper, skid loader, steam shovel, tractor, or any other device
or tool, of a noisy nature;
2.7 "Council" means the duly elected Mayor, and Councillors of the City of
Chestermere;
2.8 "Daytime" means the time commencing at the hour of 7:00 a.m. and ending at
10:00 p.m. on the same day, if that day is a Weekday; or commencing at the
hour of 9:00 a.m. and ending at 10:00 p.m. on the same day, if that day is a
Weekend;
2.9 "Defecate" means to discharge waste matter from the bowels;
2.10 "Deliver" means the leaving or placement of Graphic image(s) anywhere on a
property or mailbox associated to a residence;
2.11 "Disorderly Conduct" means any activity which in the opinion of a Peace
Officer, having regard for all the circumstances including the time of the day
and nature of the activity, is likely to unreasonably cause disturbance, injury
or annoyance to Persons or property and includes, but is not limited to:
a. occupying an area in an unruly, boisterous or disruptive manner; or
b. any other annoying or harmful occupation of property;
2.12 "Emergency" means an unforeseen combination of circumstances or the
resulting event that requires immediate action. This includes, but is not
limited to a fire, natural disaster, a motor Vehicle collision, or any other
situation beyond the control of anyone, and requiring immediate action to
prevent injury or death;
2.13 "Emergency Vehicle" means that which is defined in the Traffic Safety Act,
RSA 2000, c T-6;
2.14 "Feign" means pretend to be affected by or the victim of;
2.15 "Fetus" an offspring of a human or other mammal in the stages of prenatal
development that follow the embryo stage;
4j -
Bylaw #012-26
Community Standards Bylaw
2.5
"City Employee" means any employee of the City of Chestermere engaged in
any outdoor maintenance, roads maintenance, construction or waste
collection and includes seasonal employees;
2.6
"Construction Equipment" includes but is not limited to a backhoe,
bulldozer compressor, concrete mixer, dragline, dump truck, front-end
loader, gravel crusher, jack- hammer, motor grader, pneumatic drill, riveting
machine truck, scraper, skid loader, steam shovel, tractor, or any other device
or tool, of a noisy nature;
2.7
"Council" means the duly elected Mayor, and Councillors of the City of
Chestermere;
2.8
"Daytime" means the time commencing at the hour of 7:00 a.m. and ending at
10:00 p.m. on the same day, if that day is a Weekday; or commencing at the
hour of 9:00 a.m. and ending at 10:00 p.m. on the same day, if that day is a
Weekend;
2.9
"Defecate" means to discharge waste matter from the bowels;
2.10 "Deliver" means the leaving or placement of Graphic Image(s) anywhere on a
property or mailbox associated to a residence;
2.11
"Disorderly Conduct" means any activity which in the opinion of a Peace
Officer, having regard for all the circumstances including the time of the day
and nature of the activity, is likely to unreasonably cause disturbance, injury
or annoyance to Persons or property and includes, but is not limited to:
a.
occupying an area in an unruly, boisterous or disruptive manner; or
b.
any other annoying or harmful occupation of property;
2.12 "Emergency" means an unforeseen combination of circumstances or the
resulting event that requires immediate action. This includes, but is not
limited to a fire, natural disaster, a motor Vehicle collision, or any other
situation beyond the control of anyone, and requiring immediate action to
prevent injury or death;
2.13 "Emergency Vehicle" means that which is defined in the Traffic SafetyAct,
RSA 2000, c T-6;
2.14 "Feign" means pretend to be affected by or the victim of;
2.15 "Fetus" an offspring of a human or other mammal in the stages of prenatal
development that follow the embryo stage;
4]Page
Bylaw #012-26
Community Standards Bylaw
2.16 "Fight" means any confrontation involving violent physical contact between 2
or more people;
2.17 "Fire Pit" means a permanently affixed outdoor fire receptacle and/or a
Portable Fire Receptacle;
2.18 "Firearm" means a Firearm as defined in the Criminal Code of Canada,
R.S.C., 1985, c. C-46 and the Firearms Act of Canada, SC 1995, c.39;
2.19 "Flyer" means any printed or written matter, and includes a circular, leaflet,
pamphlet, paper, booklet, postcard or any other printed or otherwise
reproduced matter of literature. This also includes non-commercial Flyers
distributed to express an opinion on an issue or a cause;
2.20 "Graffiti" means any words, figures, letters, drawings or stickers applied,
scribbled, scratched, etched, sprayed or attached on or to the surface of any
Premises, structure, Vehicle, or other property;
2.21 "Graphic Image" means a visual depiction that shows or purports to show
disturbing or offensive material. This includes, but is not limited to, images of
violence, gore, pornography, a Fetus or any part thereof, and other potentially
traumatic content;
2.22 "Holiday" means that which is defined in the Interpretation Act, RSA 2000, c I-
8, as amended or replaced from time to time;
2.23 "Litter" means any solid or liquid materials including, but not limited to: any
bottle, container, can, coal, earth, expended tobacco products garbage,
glass, gravel, human or animal Excrement, the whole or part of an animal
carcass or offal, manure, nails, paper, packaging, plastic, sawdust, scraps of
metal, staples, tacks, refuse, rubbish, the whole or part of any article, raw or
processed material, or a Vehicle or machinery of any type that is disposed of;
2.24 "Motorized Power Tool" means any tool or implement that is powered by an
electric or internal combustion motor, or compressed air, including snow
blowers, lawn mowers and motorized garden tools;
2.25 "Municipal Government Act" or "MGA" means the Municipal Government
Act, RSA 2000, c M-26 and the regulations thereunder;
5I
Bylaw #012-26
Community Standards Bylaw
2.16 "Fight" means any confrontation involving violent physical contact between 2
or more people;
2.17 "Fire Pit" means a permanently affixed outdoor fire receptacle and/or a
Portable Fire Receptacle;
2.18 "Firearm" means a Firearm as defined in the Criminal Code of Canada,
R.S. C., 1985, c. C-46 and the Firearms Act of Canada, SC 1995, c.39;
2.19 "Flyer" means any printed or written matter, and includes a circular, leaflet,
pamphlet, paper, booklet, postcard or any other printed or otherwise
reproduced matter of literature. This also includes non-commercial Flyers
distributed to express an opinion on an issue or a cause;
2.20 "Graffiti" means any words, figures, letters, drawings or stickers applied,
scribbled, scratched, etched, sprayed or attached on or to the surface of any
Premises, structure, Vehicle, or other property;
2.21 "Graphic Image" means a visual depiction that shows or purports to show
disturbing or offensive material. This includes, but is not limited to, images of
violence, gore, pornography, a Fetus or any part thereof, and other potentially
traumatic content;
2.22 "Holiday" means that which is defined in the Interpretation Act, RSA 2000, c 1-
8, as amended or replaced from time to time;
2.23 "Litter" means any solid or liquid materials including, but not limited to: any
bottle, container, can, coal, earth, expended tobacco products garbage,
glass, gravel, human or animal Excrement, the whole or part of an animal
carcass or offal, manure, nails, paper, packaging, plastic, sawdust, scraps of
metal, staples, tacks, refuse, rubbish, the whole or part of any article, raw or
processed material, or a Vehicle or machinery of any type that is disposed of;
2.24 "Motorized Power Tool" means any tool or implement that is powered by an
electric or internal combustion motor, or compressed air, including snow
blowers, lawn mowers and motorized garden tools;
2.25 "Municipal Government Act" or "MGA" means the Municipal Government
Act, RSA 2000, cM-26 and the regulations thereunder;
5[Page
Bylaw #012-26
Community Standards Bylaw
2.26 "Nighttime" means the period beginning at 10:00 p.m. and ending the
following day at:
a. 7:00 a.m. if the following day is a Weekday; or
b. 9:00 a.m. if the following day is a Weekend or Holiday;
2.27 "Noise" means any sound which in the opinion of a Peace Officer having
regard for all circumstances, including the time of day and the nature of the
activity generating the sound, is likely to unreasonably aggravate, annoy,
detract from the comfort of, disturb or endanger Persons, and includes but is
not limited to banging, loud music, shouting, and other similarly disturbing
activities;
2.28 "Non-Motorized Watercraft" means a watercraft that is usually propelled by
a single or double-bladed paddle such as a canoe or kayak, or a watercraft
propelled by an engine of less than 10 horsepower;
2.29 "Obstruct" means to, as the context of the Bylaw requires, interfere with a
class of Person, including a City Employee or a Peace Officer, who is lawfully
carrying out their duties and includes, but is not limited to:
a. delaying. hindering, impeding, blocking or resisting;
b. causing apprehension;
c. providing false or misleading information; or
d. refusing to provide information where the information is required to be
provided, by law,
by any means, as it relates to any activity, process, work, act, service provided
by, or a duty authorized to be carried out or required by a class of Person, a
City Employee or a Peace Officer;
2.30 "Occupant" means a person located at or in a Premises, or holding out that
they are in control of a Premises, and includes a renter or tenant;
2.31 "Open Space Area" means any of the following:
a. any land in the City which is developed, controlled, managed, leased or
used by the City such as a public park, sports field, playground or
recreational area, including, without restricting the generality of the
foregoing, all lands in the City which are jointly controlled or managed by
the City and an Educational Authority or other Government owned
property for any of the purposes previously described;
b. any land acquired by the City through the subdivision process as reserve
or public utility lot;
c. any land used as a highway buffer strip, whether on a permanent or
temporary basis;
6IPage
Bylaw #012-26
Community Standards Bylaw
2.26 "Nighttime" means the period beginning at 10:00 p.m. and ending the
following day at:
a. 7:00 a.m. if the following day is a Weekday; or
b. 9:00 a.m. if the following day is a Weekend or Holiday;
2.27 "Noise" means any sound which in the opinion of a Peace Officer having
regard for all circumstances, including the time of day and the nature of the
activity generating the sound, is likely to unreasonably aggravate, annoy,
detract from the comfort of, disturb or endanger Persons, and includes but is
not limited to banging, loud music, shouting, and other similarly disturbing
activities;
2.28 "Non-Motorized Watercraft" means a watercraft that is usually propelled by
a single or double-bladed paddle such as a canoe or kayak, or a watercraft
propelled by an engine of less than 1 O horsepower;
2.29 "Obstruct" means to, as the context of the Bylaw requires, interfere with a
class of Person, including a City Employee or a Peace Officer, who is lawfully
carrying out their duties and includes, but is not limited to:
a.
delaying. hindering, impeding, blocking or resisting;
b. causing apprehension;
c.
providing false or misleading information; or
d.
refusing to provide information where the information is required to be
provided, by law,
by any means, as it relates to any activity, process, work, act, service provided
by, or a duty authorized to be carried out or required by a class of Person, a
City Employee or a Peace Officer;
2.30 "Occupant" means a person located at or in a Premises, or holding out that
they are in control of a Premises, and includes a renter or tenant;
2.31
"Open Space Area" means any of the following:
a.
any land in the City which is developed, controlled, managed, leased or
used by the City such as a public park, sports field, playground or
recreational area, including, without restricting the generality of the
foregoing, all lands in the City which are jointly controlled or managed by
the City and an Educational Authority or other Government owned
property for any of the purposes previously described;
b.
any land acquired by the City through the subdivision process as reserve
or public utility lot;
c.
any land used as a highway buffer strip, whether on a permanent or
temporary basis;
6/Page
Bylaw #012-26
Community Standards Bylaw
d. any land designated by resolution of Council as an Open Space Area for
the purposes of this Bylaw; or
e. any land developed by the City as a Pathway;
2.32 "Owner" means:
a. a Person who is registered under the Land Titles Act, RSA 2000, c. L-4, as
the Owner of a parcel of land;
b. a Person who is recorded as the Owner of a property on the tax
assessment roll of the City of Chestermere;
c. a Person who has purchased or otherwise acquired a parcel of land,
whether they purchased or otherwise acquired the land directly from the
Owner or from another purchaser, and has not yet become the
registered Owner thereof;
d. a Person holding themselves out as the Person having the powers and
authority of Ownership of a property or Premises or who for the time
being exercises the powers and authority of Ownership; or
e. a Person in possession or control of a property or Premises under
construction;
f.
where the context of the Bylaw requires, the registered Owner of a
Vehicle where the occupants of the Vehicle have committed a
contravention of this Bylaw; or
g. where the context of the Bylaw requires any Person who is described on
a Sign, whose name or address or telephone number appears on a Sign,
who created a Sign, who installed a Sign, who is in lawful control of a
Sign or who is the subject of or otherwise benefits from the message on
the Sign, and for the purposes of this Bylaw there may be more than one
Owner of a Sign;
2.33 "Panhandling" means the personal, verbal or direct solicitation by a Person of
gratuitous donations of money, food or goods of any kind, from any member of
the public, but does not include a solicitation allowed or authorized pursuant
to the Charitable Fund-Raising Act, RSA 2000, c. C-9, or any other legislation
permitting the solicitation of charitable donations;
2.34 "Pathway" means any multiple-use path whether of asphalt, concrete, gravel
or shale surface;
2.35 "Peace Officer" means a member of the Royal Canadian Mounted Police, a
member of the Police of Jurisdiction, a Peace Officer as defined in the Peace
Officer Act, SA 2006, c. P-3.5 and the regulations thereof, as amended or
replaced from time to time and a Bylaw Enforcement Officer as defined in the
Municipal Government Act, RSA 2000, c. M-26, as amended from time to time;
71
Bylaw #012-26
Community Standards Bylaw
d.
any land designated by resolution of Council as an Open Space Area for
the purposes of this Bylaw; or
e.
any land developed by the City as a Pathway;
2.32 "Owner" means:
a.
a Person who is registered under the Land Titles Act, RSA 2000, c. L-4, as
the Owner of a parcel of land;
b.
a Person who is recorded as the Owner of a property on the tax
assessment roll of the City of Chestermere;
c.
a Person who has purchased or otherwise acquired a parcel of land,
whether they purchased or otherwise acquired the land directly from the
Owner or from another purchaser, and has not yet become the
registered Owner thereof;
d.
a Person holding themselves out as the Person having the powers and
authority of Ownership of a property or Premises or who for the time
being exercises the powers and authority of Ownership; or
e.
a Person in possession or control of a property or Premises under
construction;
f.
where the context of the Bylaw requires, the registered Owner of a
Vehicle where the occupants of the Vehicle have committed a
contravention of this Bylaw; or
g.
where the context of the Bylaw requires any Person who is described on
a Sign, whose name or address or telephone number appears on a Sign,
who created a Sign, who installed a Sign, who is in lawful control of a
Sign or who is the subject of or otherwise benefits from the message on
the Sign, and for the purposes of this Bylaw there may be more than one
Owner of a Sign;
2.33 "Panhandling" means the personal, verbal or direct solicitation by a Person of
gratuitous donations of money, food or goods of any kind, from any member of
the public, but does not include a solicitation allowed or authorized pursuant
to the Charitable Fund-RaisingAct, RSA 2000, c. C-9, or any other legislation
permitting the solicitation of charitable donations;
2.34 "Pathway" means any multiple-use path whether of asphalt, concrete, gravel
or shale surface;
2.35 "Peace Officer" means a member of the Royal Canadian Mounted Police, a
member of the Police of Jurisdiction, a Peace Officer as defined in the Peace
OfficerAct, SA 2006, c. P-3.5 and the regulations thereof, as amended or
replaced from time to time and a Bylaw Enforcement Officer as defined in the
Municipal Government Act, RSA 2000, c. M-26, as amended from time to time;
7[Page
Bylaw #012-26
Community Standards Bylaw
2.36 "Person" means an individual or any business entity including an association,
company, corporation, firm, partnership, or society;
2.37 "Personalized Watercraft" means a motorized recreational Vehicle normally
ridden by straddling a seat. They are often referred to by names that include
but are not limited to: Wave Runner, Jet Ski, or Sea Doo which are brand
names owned by Yamaha, Kawasaki and Bombardier respectively;
2.38 "Portable Fire Receptacle" means an outdoor fire receptacle which is not
permanently affixed;
2.39 "Poster" means a Sign which is not self supporting and is attached with its
entire back surface in contact with a pole or wall or structure;
2.40 "Premises" means the external surface of all buildings and the whole or part
of any parcel of real property, including the land immediately adjacent to any
building or buildings;
2.41 "Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, RSA 2000, c. P-34, and the regulations thereof, as amended or
replaced from time to time;
2.42 "Public Place" means any place, including privately owned or leased property
to which the public reasonably has or is permitted to have access, and shall
include for the purposes of this Bylaw any Open Space Area;
2.43 "Residential District" means any area or district classified as residential by
the current Land Use Bylaw of and for the City;
2.44 "Sign" means a self-supporting inscribed board, bill, placard, poster, banner,
flag, or any other similar device which is intended to promote anything or
inform anyone;
2.45 "Signaling Device" means any device that produces an audible sound used
for the purpose of drawing a Person's attention, including a bell, gong, horn,
klaxon or public address system;
2.46 "Speaker System" means any sound amplification device that converts
electrical impulses into sound, whether the device is independent or
incorporated into a radio, stereo, television, computer, or public address
system, including any such device located in a building, Vehicle, or portable
self-contained unit;
Si r
Bylaw #012-26
Community Standards Bylaw
2.36 "Person" means an individual or any business entity including an association,
company, corporation, firm, partnership, or society;
2.37 "personalized Watercraft" means a motorized recreational Vehicle normally
ridden by straddling a seat. They are often referred to by names that include
but are not limited to: Wave Runner, Jet Ski, or Sea Doo which are brand
names owned by Yamaha, Kawasaki and Bombardier respectively;
2.38 "Portable Fire Receptacle" means an outdoor fire receptacle which is not
permanently affixed;
2.39 "Poster" means a Sign which is not self supporting and is attached with its
entire back surface in contact with a pole or wall or structure;
2.40 "Premises" means the external surface of all buildings and the whole or part
of any parcel of real property, including the land immediately adjacent to any
building or buildings;
2.41
"Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, RSA 2000, c. P-34, and the regulations thereof, as amended or
replaced from time to time;
2.42 "Public Place" means any place, including privately owned or leased property
to which the public reasonably has or is permitted to have access, and shall
include for the purposes of this Bylaw any Open Space Area;
2.43 "Residential District" means any area or district classified as residential by
the current Land Use Bylaw of and for the City;
2.44 "Sign" means a self-supporting inscribed board, bill, placard, poster, banner,
flag, or any other similar device which is intended to promote anything or
inform anyone;
2.45 "Signaling Device" means any device that produces an audible sound used
for the purpose of drawing a Person's attention, including a bell, gong, horn,
klaxon or public address system;
2.46 "Speaker System" means any sound amplification device that converts
electrical impulses into sound, whether the device is independent or
incorporated into a radio, stereo, television, computer, or public address
system, including any such device located in a building, Vehicle, or portable
self-contained unit;
8[Page
Bylaw #012-26
Community Standards Bylaw
2.47 "Spirit" means any product that contains alcohol obtained through
distillation;
2.48 "Spit" means to eject phlegm, saliva, chewing tobacco juice or any other
substance from the mouth;
2.49 "Urinate" means to discharge urine from the body;
2.50 "Vehicle" means a device in, on or by which a Person or thing may be
transported or drawn on a highway and includes a combination of Vehicle
types;
2.51 "Weekend" means Saturday through Sunday and includes Holidays;
2.52 "Weekday" means Monday through Friday, inclusive, except for any
Holidays; and
2.53 "Violation Ticket" means a summons violation ticket issued under Part 2 or
Part 3 of the Provincial Offences Procedures Act, RSA 2000, c.P-34, as
amended.
3. APPLICATION
3.1 Nothing in this Bylaw relieves a Person from complying with any provision of
any federal or provincial law or regulation, other Bylaw or any requirement of
any lawful permit, order, or license.
3.2
Any heading, sub-heading, or table of contents in this Bylaw are included for
guidance purposes and convenience only and shall not form part of this
Bylaw.
3.3 All the schedules attached to this Bylaw shall form a part of this Bylaw.
3.4 This Bylaw is gender neutral.
3.5
A copy of a record of the City, certified by a designated officer 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.
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2.47 "Spirit" means any product that contains alcohol obtained through
distillation;
2.48 "Spit" means to eject phlegm, saliva, chewing tobacco juice or any other
substance from the mouth;
2.49 "Urinate" means to discharge urine from the body;
2.50 "Vehicle" means a device in, on or by which a Person or thing may be
transported or drawn on a highway and includes a combination of Vehicle
types;
2.51
"Weekend" means Saturday through Sunday and includes Holidays;
2.52 "Weekday" means Monday through Friday, inclusive, except for any
Holidays; and
2.53 "Violation Ticket" means a summons violation ticket issued under Part 2 or
Part 3 of the Provincial Offences Procedures Act, RSA 2000, c.P-34, as
amended.
3.
APPLICATION
3.1
Nothing in this Bylaw relieves a Person from complying with any provision of
any federal or provincial law or regulation, other Bylaw or any requirement of
any lawful permit, order, or license.
3.2
Any heading, sub-heading, or table of contents in this Bylaw are included for
guidance purposes and convenience only and shall not form part of this
Bylaw.
3.3
All the schedules attached to this Bylaw shall form a part of this Bylaw.
3.4
This Bylaw is gender neutral.
3.5
A copy of a record of the City, certified by a designated officer 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.
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4. LITTERING/UNLAWFUL WASTE VIOLATION
4.1 No Person shall:
a. except in a receptacle, dispose of Litter on any portion of a Public Place;
b. except in a receptacle, dispose of Litter on any portion of a Public Place
from a Vehicle; or
c. dispose of burning Litter on any portion of a Public Place.
4.2 No owner of a vehicle shall fail to prevent that vehicle from being used for or in
relation to the improper disposal of Litter
4.3 Section 4.2 does not apply if the Owner of the Vehicle satisfies the Court that
the Owner was not in control of the Vehicle, and that the Person having
control of the Vehicle at the time of the offence had control of the Vehicle
without the Owner's express or implied consent.
4.4 No Person shall Urinate or Defecate in any Public Place, other than a public
washroom.
4.5 No Person shall Spit in any Public Place.
4.6 No Person shall place, deposit, throw upon or into any motor Vehicle, which is
parked on any highway or other Public Place, any sign, leaflet, pamphlet,
poster, handbill, Flyer, or any paper containing printed or written matter,
whether advertising or not.
4.7 No Person shall place any sign, leaflet, pamphlet, poster, handbill, Flyer, or
any paper containing printed or written matter, whether advertising or not, on
any pole within the City.
4.8 The CAO or their designate may authorize any City Employee, or other Person,
to remove and put in storage or destroy anything placed upon City property in
contravention of this Bylaw.
4.9
A Peace Officer may remove and put in storage anything placed upon City
property in contravention of this Bylaw.
4.10 Any items removed and put into storage will:
a. be a fee of $50.00 dollars per day or portion thereof for storage costs;
and
b. are subject to the provisions of Section 610 of the Municipal Government
Act, RSA 2000, c. M-26.
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4.
LITTERING/UNLAWFUL WASTE VIOLATION
4.1
No Person shall:
a.
except in a receptacle, dispose of Litter on any portion of a Public Place;
b.
except in a receptacle, dispose of Litter on any portion of a Public Place
from a Vehicle; or
c.
dispose of burning Litter on any portion of a Public Place.
4.2
No owner of a vehicle shall fail to prevent that vehicle from being used for or in
relation to the improper disposal of Litter
4.3
Section 4.2 does not apply if the Owner of the Vehicle satisfies the Court that
the Owner was not in control of the Vehicle, and that the Person having
control of the Vehicle at the time of the offence had control of the Vehicle
without the Owner's express or implied consent.
4.4
No Person shall Urinate or Defecate in any Public Place, other than a public
washroom.
4.5
No Person shall Spit in any Public Place.
4.6
No Person shall place, deposit, throw upon or into any motor Vehicle, which is
parked on any highway or other Public Place, any sign, leaflet, pamphlet,
poster, handbill, Flyer, or any paper containing printed or written matter,
whether advertising or not.
4.7
No Person shall place any sign, leaflet, pamphlet, poster, handbill, Flyer, or
any paper containing printed or written matter, whether advertising or not, on
any pole within the City.
4.8
The CAO or their designate may authorize any City Employee, or other Person,
to remove and put in storage or destroy anything placed upon City property in
contravention of this Bylaw.
4.9
A Peace Officer may remove and put in storage anything placed upon City
property in contravention of this Bylaw.
4.10 Any items removed and put into storage will:
a.
be a fee of $50.00 dollars per day or portion thereof for storage costs;
and
b.
are subject to the provisions of Section 61 O of the Municipal Government
Act, RSA 2000, c. M-26.
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5. FIGHTING/LOITERING/DISORDERLY CONDUCT OFFENCES
5.1 No Person shall participate in a Fight in any Public Place.
5.2 No Person shall be a member of an assembly of 3 or more Persons in any
Public Place where the group conflicts with each other and a Peace Officer
has reasonable grounds to believe the assembly will disturb the peace of the
neighborhood.
5.3 Any Person engaged in an assembly described in Section 5.2, shall disperse
upon demand of a Peace Officer.
5.4 No Person shall refuse to comply with or ignore a demand made by a Peace
Officer to disperse.
5.5 No Person shall loiter and thereby Obstruct any other Person in any Public
Place.
5.6 No Person shall engage in Disorderly Conduct in or near a Public Place or in
any location reasonably observable from a Public Place.
5.7 For greater clarity, Section 5.6 shall not be interpreted to apply to any activity
that may otherwise amount to Disorderly Conduct taking place within the
confines of a private dwelling house.
5.8 Any Person engaged in Disorderly Conduct shall immediately cease said
Disorderly Conduct upon the demand of a Peace Officer.
5.9 No Person shall refuse to comply with or ignore a demand made by a Peace
Officer to cease Disorderly Conduct.
5.10 If a Person is engaged in Disorderly Conduct within an Open Space Area as
defined by this Bylaw, a Peace Officer may demand said Person to leave the
Open Space Area.
5.11 No Person shall refuse to comply with or ignore a direction made by a Peace
Officer under Section 5.9, and a Peace Officer shall have the authority to
remove them from the Open Space Area should they refuse to leave the Open
Space Area.
5.12 Except for off-highway Vehicles, no Person shall operate a motor Vehicle on
the frozen lake surface unless permission has been provided in writing by the
CAO.
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5.
FIGHTING/LOITERING/DISORDERLY CONDUCT OFFENCES
5.1
No Person shall participate in a Fight in any Public Place.
5.2
No Person shall be a member of an assembly of 3 or more Persons in any
Public Place where the group conflicts with each other and a Peace Officer
has reasonable grounds to believe the assembly will disturb the peace of the
neighborhood.
5.3
Any Person engaged in an assembly described in Section 5.2, shall disperse
upon demand of a Peace Officer.
5.4
No Person shall refuse to comply with or ignore a demand made by a Peace
Officer to disperse.
5.5
No Person shall loiter and thereby Obstruct any other Person in any Public
Place.
5.6
No Person shall engage in Disorderly Conduct in or near a Public Place or in
any location reasonably observable from a Public Place.
5.7
For greater clarity, Section 5.6 shall not be interpreted to apply to any activity
that may otherwise amount to Disorderly Conduct taking place within the
confines of a private dwelling house.
5.8
Any Person engaged in Disorderly Conduct shall immediately cease said
Disorderly Conduct upon the demand of a Peace Officer.
5.9
No Person shall refuse to comply with or ignore a demand made by a Peace
Officer to cease Disorderly Conduct.
5.10
If a Person is engaged in Disorderly Conduct within an Open Space Area as
defined by this Bylaw, a Peace Officer may demand said Person to leave the
Open Space Area.
5.11 No Person shall refuse to comply with or ignore a direction made by a Peace
Officer under Section 5.9, and a Peace Officer shall have the authority to
remove them from the Open Space Area should they refuse to leave the Open
Space Area.
5.12 Except for off-highway Vehicles, no Person shall operate a motor Vehicle on
the frozen lake surface unless permission has been provided in writing by the
CAO.
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5.13 No Person shall Obstruct a City Employee engaged in the performance of their
duties in a public place.
6. PANHANDLING OFFENCES
6.1 No Person shall engage in Panhandling within the City.
7. GRAFFITI PREVENTION AND ABATEMENT
7.1 No Person shall create or apply Graffiti on or to any Premises, structure,
Vehicle, or other property which is owned or occupied by another Person
Section 7.1, a person may apply Graffiti provided the Graffiti is not in public
view and the Person who owns or occupies the Premises, structure, Vehicle,
or other property to which the Graffiti has been created or applied has given
prior written approval for the creation or application of the Graffiti.
7.2 No Owner or occupier of a Premises shall fail to ensure that Graffiti placed on
their Premises is removed, painted over, or otherwise blocked from public
view within 72 hours of application of the Graffiti.
7.3 Despite Sections 7.2 and 7.3, the City, at the discretion of Council, may
authorize the placement of Graffiti in the public view on any premises,
structure or vehicle as part of a public art installation.
7.4 Where the City authorizes the placement of Graffiti in public view on private
premises, it shall be with the written consent of the Owner of that private
premises.
8. OPEN SPACES
8.1 The hours of operation for all Open Space Areas within the City shall be from
5:00 a.m. until 12:00 a.m. every day.
8.2 No Person shall be within an Open Space Area outside of the hours of
operation referenced in Section 8.1.
8.3 A Peace Officer may demand that any Person leave an Open Space Area.
8.4 No Person shall refuse to comply or ignore a direction made by a Peace
Officer under Section 8.3, and a Peace Officer shall have the authority to
remove them from the Open Space Area should they refuse to leave the Open
Space Area.
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5.13 No Person shall Obstruct a City Employee engaged in the performance of their
duties in a public place.
6.
PANHANDLING OFFENCES
6.1
No Person shall engage in Panhandling within the City.
7.
GRAFFITI PREVENTION AND ABATEMENT
7.1
No Person shall create or apply Graffiti on or to any Premises, structure,
Vehicle, or other property which is owned or occupied by another Person
Section 7.1, a person may apply Graffiti provided the Graffiti is not in public
view and the Person who owns or occupies the Premises, structure, Vehicle,
or other property to which the Graffiti has been created or applied has given
prior written approval for the creation or application of the Graffiti.
7.2
No Owner or occupier of a Premises shall fail to ensure that Graffiti placed on
their Premises is removed, painted over, or otherwise blocked from public
view within 72 hours of application of the Graffiti.
7.3
Despite Sections 7.2 and 7.3, the City, at the discretion of Council, may
authorize the placement of Graffiti in the public view on any premises,
structure or vehicle as part of a public art installation.
7.4
Where the City authorizes the placement of Graffiti in public view on private
premises, it shall be with the written consent of the Owner of that private
premises.
8.
OPEN SPACES
8.1
The hours of operation for all Open Space Areas within the City shall be from
5:00 a.m. until 12:00 a.m. every day.
8.2
No Person shall be within an Open Space Area outside of the hours of
operation referenced in Section 8.1.
8.3
A Peace Officer may demand that any Person leave an Open Space Area.
8.4
No Person shall refuse to comply or ignore a direction made by a Peace
Officer under Section 8.3, and a Peace Officer shall have the authority to
remove them from the Open Space Area should they refuse to leave the Open
Space Area.
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8.5 No Person shall:
a. camp in an Open Space Area or erect a structure for the purpose of
accommodation; and
b. build or place any structure in an Open Space Area.
8.6 No person shall use a barbeque receptacle in an Open Space Area.
8.7 Despite Section 8.6 the use of barbeque receptacles is permitted in an Open
Space Area subject to the following:
a. barbeque receptacles must be electric or propane, no solid fuels or
flames are permitted;
b. propane tanks may not be larger than a 20-pound tank;
c. barbeques will only be allowed in designated areas, limited to 1
barbeque per designated area, unless in the gazebo which allows 3
barbeques; and
d. only a portable barbeque will be permitted.
8.8 No Person shall launch a Boat or Personalized Watercraft from an Open
Space Area, without an exception from the CAO.
8.9 Section 8.8 shall not apply to the John Peake Park Boat launch or to Officers of
a Fire Department, a Peace Officer, or an authorized City Employee.
8.10 No Person shall engage in any conduct or activity in an Open Space Area
which:
a. May injure any other user of an Open Space Area;
b. May damage an Open Space Area or an amenity in an Open Space Area;
and
c. Amounts to Disorderly Conduct.
8.11 No Person shall disobey a sign placed in an Open Space Area.
8.12 No Person shall:
a. Place a sign in an Open Space Area; or
b. Place a Poster in an Open Space Area.
8.13 No Owner of a Sign shall:
a. Fail to remove a Sign from an Open Space Area; or
b. Failing to remove a Poster from an Open Space Area.
8.14 No Person shall fail to comply with the direction of a Peace Officer to remove
a Sign or Poster from an Open Space Area.
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8.5
No Person shall:
a.
camp in an Open Space Area or erect a structure for the purpose of
accommodation; and
b.
build or place any structure in an Open Space Area.
8.6
No person shall use a barbeque receptacle in an Open Space Area.
8.7
Despite Section 8.6 the use of barbeque receptacles is permitted in an Open
Space Area subject to the following:
a.
barbeque receptacles must be electric or propane, no solid fuels or
flames are permitted;
b.
propane tanks may not be larger than a 20-pound tank;
c.
barbeques will only be allowed in designated areas, limited to 1
barbeque per designated area, unless in the gazebo which allows 3
barbeques; and
d.
only a portable barbeque will be permitted.
8.8
No Person shall launch a Boat or Personalized Watercraft from an Open
Space Area, without an exception from the CAO.
8.9
Section 8.8 shall not apply to the John Peake Park Boat launch or to Officers of
a Fire Department, a Peace Officer, or an authorized City Employee.
8.10 No Person shall engage in any conduct or activity in an Open Space Area
which:
a.
May injure any other user of an Open Space Area;
b.
May damage an Open Space Area or an amenity in an Open Space Area;
and
c.
Amounts to Disorderly Conduct.
8.11
No Person shall disobey a sign placed in an Open Space Area.
8.12 No Person shall:
a.
Place a sign in an Open Space Area; or
b.
Place a Poster in an Open Space Area.
8.13 No Owner of a Sign shall:
a.
Fail to remove a Sign from an Open Space Area; or
b.
Failing to remove a Poster from an Open Space Area.
8.14 No Person shall fail to comply with the direction of a Peace Officer to remove
a Sign or Poster from an Open Space Area.
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8.15 A Peace Officer or City Employee may remove any Sign located on a Highway
within the City without notice to the Owner of the Sign.
8.16 A Peace Officer or City Employee may immediately dispose of any Sign or
Poster removed under Section 8.15.
8.17 No liability lies against a Peace Officer or City Employee who exercises their
authority under Section 8.15.
9. ALCOHOL CONSUMPTION IN OPEN SPACE AREAS
9.1
The consumption of alcohol in an Open Space Area is only permitted at
designated picnic areas. These areas will be designated by a sign.
9.2
Any alcohol consumption in these designated areas is limited to beer, cider,
coolers, liqueurs and similar type products, or wine. The consumption of any
Spirits is prohibited in an Open Space Area.
9.3
The consumption of alcohol in these designated areas is only permitted
between 11:00 a.m. and 10:00 p.m. daily.
9.4
The City of Chestermere permits the use of these designated alcohol
consumption spaces year-round.
9.5
No Person shall carry, convey or transport any open alcohol or be in
possession of any open alcohol container in an Open Space Area.
9.6
Despite Section 9.5, a person may carry, convey or transport open liquor in an
Open Space Area when within a designated picnic area, or within 4ft from the
designated alcohol consumption seating area.
9.7
No Person shall continue to consume alcohol in an Open Space Area, after
being ordered to cease by a Peace Officer.
9.8
Reservations are only available for private functions.
9.9
No person shall be in possession of a glass container in any Open Space Area.
9.10 Despite Section 9.9, a person may possess a glass container in an Open
Space Area if the person can demonstrate to the satisfaction of a Peace
Officer that the glass container is designed and intended to be reusable in
nature.
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8.15 A Peace Officer or City Employee may remove any Sign located on a Highway
within the City without notice to the Owner of the Sign.
8.16 A Peace Officer or City Employee may immediately dispose of any Sign or
Poster removed under Section 8.15.
8.17 No liability lies against a Peace Officer or City Employee who exercises their
authority under Section 8.15.
9.
ALCOHOL CONSUMPTION IN OPEN SPACE AREAS
9.1
The consumption of alcohol in an Open Space Area is only permitted at
designated picnic areas. These areas will be designated by a sign.
9.2
Any alcohol consumption in these designated areas is limited to beer, cider,
coolers, liqueurs and similar type products, or wine. The consumption of any
Spirits is prohibited in an Open Space Area.
9.3
The consumption of alcohol in these designated areas is only permitted
between 11 :00 a.m. and 10:00 p.m. daily.
9.4
The City of Chestermere permits the use of these designated alcohol
consumption spaces year-round.
9.5
No Person shall carry, convey or transport any open alcohol or be in
possession of any open alcohol container in an Open Space Area.
9.6
Despite Section 9.5, a person may carry, convey or transport open liquor in an
Open Space Area when within a designated picnic area, or within 4ft from the
designated alcohol consumption seating area.
9.7
No Person shall continue to consume alcohol in an Open Space Area, after
being ordered to cease by a Peace Officer.
9.8
Reservations are only available for private functions.
9.9
No person shall be in possession of a glass container in any Open Space Area.
9.10
Despite Section 9.9, a person may possess a glass container in an Open
Space Area if the person can demonstrate to the satisfaction of a Peace
Officer that the glass container is designed and intended to be reusable in
nature.
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9.11 Where a glass container in the possession of a person breaks or shatters, no
person shall fail to substantively remove the broken glass from an Open
Space Area.
9.12 No Person shall be in possession of alcohol in an Open Space Area during a
City-operated event outside of an area where alcohol consumption is
permitted.
9.13 No Person shall be in possession of alcohol at Anniversary Park or Cove
Beach.
10. FIRE AND FIRE PITS
10.1 No Person who builds, ignites or allows a fire shall leave that fire unsupervised
at any time.
10.2 No Person shall burn, at any time, the following materials:
a. animal carcass or part thereof;
b. animal manure or feces;
c. brush, leaves, or yard waste;
d. combustible materials in automobile bodies;
e. garbage;
f. lumber products containing glue or resin;
g. pathological waste;
h. plastic, rubber, or tires;
i.
treated or painted lumber;
j.
used oil;
k. waste material from building or construction sites excluding wooden
material that does not contain wood preservatives; or
L.
wet or unseasoned wood.
10.3 A Person may build, ignite, or allow a fire on a Premises in a Fire Pit so long as
that Person ensures that the fire is contained in a Fire Pit that:
a. is constructed of non-combustible material;
b. has an open flame area that does not exceed 1 metre at its widest point;
c. despite 10.3 (c) any premises zoned Large Lot Rural Residential (LLR),
Transitional Rural Residential (TRR), and Rural Residential (RR), pursuant
to Bylaw #020-24, the Land Use Bylaw (LUB) may have a fire pit not
exceeding 1.5 metres at its widest point;
d. does not have walls which exceed 0.75 metres in height measured from
the floor of the Fire Pit to the top of the wall of the Fire Pit excluding, any
chimney;
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9.11
Where a glass container in the possession of a person breaks or shatters, no
person shall fail to substantively remove the broken glass from an Open
Space Area.
9.12
No Person shall be in possession of alcohol in an Open Space Area during a
City-operated event outside of an area where alcohol consumption is
permitted.
9.13
No Person shall be in possession of alcohol at Anniversary Park or Cove
Beach.
10. FIRE AND FIRE PITS
10.1
No Person who builds, ignites or allows a fire shall leave that fire unsupervised
at anytime.
10.2 No Person shall burn, at any time, the following materials:
a.
animal carcass or part thereof;
b.
animal manure or feces;
c.
brush, leaves, or yard waste;
d.
combustible materials in automobile bodies;
e.
garbage;
f.
lumber products containing glue or resin;
g.
pathological waste;
h.
plastic, rubber, or tires;
i.
treated or painted lumber;
j.
used oil;
k.
waste material from building or construction sites excluding wooden
material that does not contain wood preservatives; or
l.
wet or unseasoned wood.
10.3 A Person may build, ignite, or allow a fire on a Premises in a Fire Pit so long as
that Person ensures that the fire is contained in a Fire Pit that:
a.
is constructed of non-combustible material;
b.
has an open flame area that does not exceed 1 metre at its widest point;
c.
despite 10.3 (c) any premises zoned Large Lot Rural Residential (LLR),
Transitional Rural Residential (TRR), and Rural Residential (RR), pursuant
to Bylaw #020-24, the Land Use Bylaw (LUB) may have a fire pit not
exceeding 1.5 metres at its widest point;
d.
does not have walls which exceed 0.75 metres in height measured from
the floor of the Fire Pit to the top of the wall of the Fire Pit excluding, any
chimney;
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e. is set upon or built into the bare ground with a non-combustible base
such as cement or gravel, or a non-combustible material such as brick
or stone;
f. is situated at least 3 metres from any house, garage, or similar structure
including wooden fences, decks, porches, and similar amenity space
attached to a structure measured from the part of the Fire Pit which is
closest to the structure or amenity space;
g. is situated at least 3 metres from any other combustible material
measured from the part of the Fire Pit which is closest to the
combustible material; and
h. is not located directly under any tree or overhanging branches.
10.4 A Person may build, ignite, or allow a fire in a Portable Fire Receptacle on a
wooden deck so long as that Person ensures that:
a. a non-combustible material such as brick or stone is placed between
the Portable Fire Receptacle and the wooden deck; and
b. the Portable Fire Receptacle is situated at least 3 metres from any
house, garage, similar structure, or other combustible material,
measured from the part of the receptacle which is closest to the
structure or combustible material.
10.5 Propane fire tables are allowed provided they are meet CSA (Canadian
Standards Agency) standards for safety, and;
a. the use of these items must follow the manufacturer's suggested
minimum clearance from combustible items, both vertically and
horizontally;
b. if documentation from the manufacturer is not available the minimum
distance from combustibles allowed by the fire department will be 1.5
metres measured horizontally from any outer edge of the Fire Pit to any
combustible item, and 2.5 metres measured vertically from the burner of
the device to any combustible item;
c. the Owner of the residence where these items are being used is
responsible to provide documentation from the manufacturer showing
the minimum clearances from combustibles to fire crews if requested;
d. if documentation is not provided, or the minimum clearance distance
cannot be achieved, the fire table or device must be extinguished and
not used in that location for safety reasons; and
e. no fire table or device will be permitted to be fueled by anything larger
than a 20-pound propane bottle.
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e.
is set upon or built into the bare ground with a non-combustible base
such as cement or gravel, or a non-combustible material such as brick
or stone;
f.
is situated at least 3 metres from any house, garage, or similar structure
including wooden fences, decks, porches, and similar amenity space
attached to a structure measured from the part of the Fire Pit which is
closest to the structure or amenity space;
g.
is situated at least 3 metres from any other combustible material
measured from the part of the Fire Pit which is closest to the
combustible material; and
h.
is not located directly under any tree or overhanging branches.
10.4 A Person may build, ignite, or allow a fire in a Portable Fire Receptacle on a
wooden deck so long as that Person ensures that:
a.
a non-combustible material such as brick or stone is placed between
the Portable Fire Receptacle and the wooden deck; and
b.
the Portable Fire Receptacle is situated at least 3 metres from any
house, garage, similar structure, or other combustible material,
measured from the part of the receptacle which is closest to the
structure or combustible material.
10.5 Propane fire tables are allowed provided they are meet CSA (Canadian
Standards Agency) standards for safety, and;
a.
the use of these items must follow the manufacturer's suggested
minimum clearance from combustible items, both vertically and
horizontally;
b.
if documentation from the manufacturer is not available the minimum
distance from combustibles allowed by the fire department will be 1.5
metres measured horizontally from any outer edge of the Fire Pit to any
combustible item, and 2.5 metres measured vertically from the burner of
the device to any combustible item;
c.
the Owner of the residence where these items are being used is
responsible to provide documentation from the manufacturer showing
the minimum clearances from combustibles to fire crews if requested;
d.
if documentation is not provided, or the minimum clearance distance
cannot be achieved, the fire table or device must be extinguished and
not used in that location for safety reasons; and
e.
no fire table or device will be permitted to be fueled by anything larger
than a 20-pound propane bottle.
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10.6 Every Person who builds, ignites, or allows a fire in a Fire Pit or Portable Fire
Receptacle must ensure that:
a. a means of extinguishing the fire is always kept on hand while the fire is
burning;
b. the flames from the fire do not exceed 1 metre in height at anytime;
c. the fire is not left unsupervised at any time; and
d. the fire is extinguished completely, leaving only cold ashes, prior to
leaving the fire.
10.7 If, in the opinion of a Peace Officer or an Officer of the Fire Department, a fire
poses a danger or does not comply with the requirements of this Bylaw, that
Peace Officer or Officer of the Fire Department may extinguish the fire and
take any other steps that Peace Officer or Officer of the Fire Department
deems necessary to ensure that the fire and site of the fire no longer pose a
danger or contravene the requirements of this Bylaw.
11. FIRE BANS
11.1 Despite any provision in this or any other Bylaw, the City's Fire Chief or his
designate may declare a fire advisory, a fire restriction, or a fire ban of any
burning of any kind in the City.
11.2 No Person shall ignite a fire during a fire ban.
11.3 No Owner of a Premises shall fail to prevent the ignition of a fire on that
Premises during a fire ban.
11.4 No Person, having ignited a fire during a fire restriction, shall fail to comply
with restrictions imposed on fires during the fire restriction.
11.5 No Owner of a Premises, on which a fire has been ignited during a fire
restriction, shall fail to comply with restrictions imposed on fires during the
fire restriction.
11.6 An Officer of the Fire Department or a Peace Officer may demand a Person
extinguish any fire when a fire ban is in place, or any fire found to be
contravening a fire restriction.
11.7 No Person shall fail to comply with a demand from an Officer of the Fire
Department or a Peace Officer to extinguish a fire during a fire ban or found
not complying with a fire restriction.
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10.6 Every Person who builds, ignites, or allows a fire in a Fire Pit or Portable Fire
Receptacle must ensure that:
a.
a means of extinguishing the fire is always kept on hand while the fire is
burning;
b.
the flames from the fire do not exceed 1 metre in height at any time;
c.
the fire is not left unsupervised at any time; and
d.
the fire is extinguished completely, leaving only cold ashes, prior to
leaving the fire.
10.7
If, in the opinion of a Peace Officer or an Officer of the Fire Department, a fire
poses a danger or does not comply with the requirements of this Bylaw, that
Peace Officer or Officer of the Fire Department may extinguish the fire and
take any other steps that Peace Officer or Officer of the Fire Department
deems necessary to ensure that the fire and site of the fire no longer pose a
danger or contravene the requirements of this Bylaw.
11. FIRE BANS
11.1 Despite any provision in this or any other Bylaw, the City's Fire Chief or his
designate may declare a fire advisory, a fire restriction, or a fire ban of any
burning of any kind in the City.
11.2 No Person shall ignite a fire during a fire ban.
11.3 No Owner of a Premises shall fail to prevent the ignition of a fire on that
Premises during a fire ban.
11.4 No Person, having ignited a fire during a fire restriction, shall fail to comply
with restrictions imposed on fires during the fire restriction.
11.5 No Owner of a Premises, on which a fire has been ignited during a fire
restriction, shall fail to comply with restrictions imposed on fires during the
fire restriction.
11.6 An Officer of the Fire Department or a Peace Officer may demand a Person
extinguish any fire when a fire ban is in place, or any fire found to be
contravening a fire restriction.
11.7 No Person shall fail to comply with a demand from an Officer of the Fire
Department or a Peace Officer to extinguish a fire during a fire ban or found
not complying with a fire restriction.
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11.8 An Officer of the Fire Department or a Peace Officer shall be authorized to
extinguish any fire found during a fire ban or found to be in contravention of a
fire restriction.
11.9 It is the responsibility of any Person intending to burn an outdoor fire within
the City to first determine that a fire ban or fire restriction has not been
declared pursuant to Section 11.1, of this Bylaw, prior to igniting any kind of
outdoor fire.
12. OBSTRUCTION OF HYDRANTS
12.1 No Owner of a Premises shall permit access to a fire hydrant located on or
adjacent to that Premises to be obstructed in any manner.
12.2 No Owner of a parcel of land or Premises shall permit anything on the
Premises to Obstruct the operation of a fire hydrant located on or adjacent to
that Premises.
12.3 No Owner of a Premises on which a fire hydrant is located on or adjacent to
shall:
a. fail to maintain a 2-metre clearance on each side of a fire hydrant and a
1-metre clearance on the side of a fire hydrant farthest from the nearest
adjacent street;
b. permit anything to be constructed, erected, or placed within the
clearance provided in Subsection 12.3(a); and
c. permit anything except grass, gravel, or a hard surface to be within the
clearance area set out in Subsection 12.3(a).
13. FIREWORKS
13.1 No Person shall purchase, sell, offer for sale, give away, possess, handle, or
discharge, fireworks within the boundaries of the City.
13.2 Despite Section 13.1, a person may possess, handle or discharge fireworks as
permitted by the City Fire Chief or their designate. The authorization shall be in
the form of a fireworks permit or a pyrotechnics permit signed by the applicant
and the Fire Chief or their designate.
13.3 No Owner or Occupant of a Premises shall fail to prevent the discharge of
fireworks from that Premises or from any structure on that Premises.
13.4 No driver of a motor Vehicle shall discharge fireworks from a Vehicle.
13.5 No Occupant of a motor Vehicle shall discharge fireworks from a Vehicle.
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11.8 An Officer of the Fire Department or a Peace Officer shall be authorized to
extinguish any fire found during a fire ban or found to be in contravention of a
fire restriction.
11.9
It is the responsibility of any Person intending to burn an outdoor fire within
the City to first determine that a fire ban or fire restriction has not been
declared pursuant to Section 11.1, of this Bylaw, prior to igniting any kind of
outdoor fire.
12. OBSTRUCTION OF HYDRANTS
12.1 No Owner of a Premises shall permit access to a fire hydrant located on or
adjacent to that Premises to be obstructed in any manner.
12.2 No Owner of a parcel of land or Premises shall permit anything on the
Premises to Obstruct the operation of a fire hydrant located on or adjacent to
that Premises.
12.3 No Owner of a Premises on which a fire hydrant is located on or adjacent to
shall:
a.
fail to maintain a 2-metre clearance on each side of a fire hydrant and a
1-metre clearance on the side of a fire hydrant farthest from the ncarest
adjacent street;
b.
permit anything to be constructed, erected, or placed within the
clearance provided in Subsection 12.3(a); and
c.
permit anything except grass, gravel, or a hard surface to be within the
clearance area set out in Subsection 12.3(a).
13. FIREWORKS
13.1
No Person shall purchase, sell, offer for sale, give away, possess, handle, or
discharge, fireworks within the boundaries of the City.
13.2 Despite Section 13.1, a person may possess, handle or discharge fireworks as
permitted by the City Fire Chief or their designate. The authorization shall be in
the form of a fireworks permit or a pyrotechnics permit signed by the applicant
and the Fire Chief or their designate.
13.3 No Owner or Occupant of a Premises shall fail to prevent the discharge of
fireworks from that Premises or from any structure on that Premises.
13.4 No driver of a motor Vehicle shall discharge fireworks from a Vehicle.
13.5 No Occupant of a motor Vehicle shall discharge fireworks from a Vehicle.
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13.6 No owner of a motor Vehicle shall fail to prevent the discharge of fireworks
from a Vehicle.
14. FIREARMS
14.1 No Person shall discharge any Firearm within the boundaries of the City.
14.2 This Section shall not apply to a Peace Officer or other law enforcement
officers who are permitted to use Firearms to carry out the duties of their
lawful occupations.
14.3 This Section shall not apply to the discharge of a Firearm at a site or place
where problem wildlife or domestic animals are present and being hunted by
a Peace Officer, or to an individual who has been given authority pursuant to a
Damage Control License under the Wildlife Act, R.S.A. 2000, c. W-10, as
amended from time to time, issued for such purpose by the Department of the
Alberta Provincial Government responsible for the management of wildlife
within the Province.
14.4 Despite the above noted Sections, the CAO may authorize the discharge of
Firearms for animal control purposes, special events, or within the range
facilities of a gun club or similar organizations.
14.5 An authorization under Section 14.4, shall be in writing and may be in the form
of a specific authorization or an annual permit for a specified location, event,
or activity.
14.6 An authorization may be granted, with or without conditions, where, having
regard to the circumstances and location of the discharge activity, it is
deemed, in the absolute discretion of the CAO, to be in the public interest.
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13.6 No owner of a motor Vehicle shall fail to prevent the discharge of fireworks
from a Vehicle.
14. FIREARMS
14.1 No Person shall discharge any Firearm within the boundaries of the City.
14.2 This Section shall not apply to a Peace Officer or other law enforcement
officers who are permitted to use Firearms to carry out the duties of their
lawful occupations.
14.3 This Section shall not apply to the discharge of a Firearm at a site or place
where problem wildlife or domestic animals are present and being hunted by
a Peace Officer, or to an individual who has been given authority pursuant to a
Damage Control License under the Wildlife Act, R.S.A. 2000, c. W-10, as
amended from time to time, issued for such purpose by the Department of the
Alberta Provincial Government responsible for the management of wildlife
within the Province.
14.4 Despite the above noted Sections, the CAO may authorize the discharge of
Firearms for animal control purposes, special events, or within the range
facilities of a gun club or similar organizations.
14.5 An authorization under Section 14.4, shall be in writing and may be in the form
of a specific authorization or an annual permit for a specified location, event,
or activity.
14.6 An authorization may be granted, with or without conditions, where, having
regard to the circumstances and location of the discharge activity, it is
deemed, in the absolute discretion of the CAO, to be in the public interest.
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15. NOISE ABATEMENT
15.1 No Person shall in either the Daytime or the Nighttime:
a. make, continue, cause, or allow to be made or continued any excessive,
unnecessary, or unusual Noise of any type;
b. operate, allow, or permit the operation of a Speaker System of any type
at an unnecessarily loud volume, thereby creating excessive Noise; or
c. operate, allow, or permit the operation of a Signaling Device in a
Residential District.
15.2 No Owner or Occupant of a Premises shall fail to prevent any excessive,
unnecessary, or unusual Noise of any type from that Premises.
15.3 In determining what constitutes excessive, unnecessary, or unusual Noise
consideration may be given to, but not limited to:
a. the type, volume, and duration of sound;
b. time of day, and day of the week; and
c. the nature and use of the surrounding area.
15.4 No Person shall operate a Motorized Power Tool during the Nighttime.
15.5 No Person shall operate a Motorized Power Tool causing excessive Noise
15.6 No Person shall operate Construction Equipment during the Nighttime.
15.7 No Person shall Carry on, allow or permit the Carrying on of construction that
can be heard beyond the boundary of the construction site during the
Nighttime.
15.8 The CAO has the authority to approve a temporary permit that allows for
louder Noise or extended hours beyond what is normally permitted under this
Bylaw.
15.9 A Person may make an application for a permit pursuant to Section 15.8 by
providing the CAO with the following information pertaining to the work or
activity for which the allowance is sought a minimum of 5 business days prior
to the proposed activity:
a. the name, address, and telephone number of the applicant;
b. the address of the site;
c. a description of the source(s) of Noise;
d. the period that the allowance is desired; and
e. the applicant's reason(s) of why the allowance should be granted.
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15. NOISE ABATEMENT
15.1 No Person shall in either the Daytime or the Nighttime:
a.
make, continue, cause, or allow to be made or continued any excessive,
unnecessary, or unusual Noise of any type;
b.
operate, allow, or permit the operation of a Speaker System of any type
at an unnecessarily loud volume, thereby creating excessive Noise; or
c.
operate, allow, or permit the operation of a Signaling Device in a
Residential District.
15.2 No Owner or Occupant of a Premises shall fail to prevent any excessive,
unnecessary, or unusual Noise of any type from that Premises.
15.3 In determining what constitutes excessive, unnecessary, or unusual Noise
consideration may be given to, but not limited to:
a.
the type, volume, and duration of sound;
b.
time of day, and day of the week; and
c.
the nature and use of the surrounding area.
15.4 No Person shall operate a Motorized Power Tool during the Nighttime.
15.5 No Person shall operate a Motorized Power Tool causing excessive Noise
15.6 No Person shall operate Construction Equipment during the Nighttime.
15.7 No Person shall Carry on, allow or permit the Carrying on of construction that
can be heard beyond the boundary of the construction site during the
Nighttime.
15.8 The CAO has the authority to approve a temporary permit that allows for
louder Noise or extended hours beyond what is normally permitted under this
Bylaw.
15.9 A Person may make an application for a permit pursuant to Section 15.8 by
providing the CAO with the following information pertaining to the work or
activity for which the allowance is sought a minimum of 5 business days prior
to the proposed activity:
a.
the name, address, and telephone number of the applicant;
b.
the address of the site;
c.
a description of the source(s) of Noise;
d.
the period that the allowance is desired; and
e.
the applicant's reason(s) of why the allowance should be granted.
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15.10 The CAO may in their sole discretion:
a. issue a temporary permit to the applicant;
b. deny a temporary permit to the applicant;
c. issue a temporary permit with specific conditions; or
d. revoke a temporary permit.
15.11 Where the CAO issues, denies, issues subject to conditions, or revokes a
temporary permit pursuant to Section 15.10, the CAO shall, as soon as
reasonably practicable, notify Council of the issuance, denial, issuance
subject to conditions, or revocation of a temporary permit and the
circumstances thereof.
15.12 The provisions of this Section shall not apply to:
a. emergency Vehicles;
b. work performed in relation to a highway or public utility by the Owner or
operator of the public utility, or its contractors;
b. any activity within the sole jurisdiction of the Government of Canada or
the Province of Alberta;
c. railway related activities;
d. a snow clearing device powered by an engine for the purpose of
commercial, industrial, or institutional removal of snow and ice from
streets, parking lots, and sidewalks; and
e. any activity carried on by the City or its Employees, contractors, and any
other individual(s) carrying out authorized City business.
16. GRAPHIC FLYERS
16.1 No Person shall Deliver or participate in the Delivery of a Graphic Image(s) to
any Premise(s).
16.2 Despite Section 16.1, a Person may participate in the Delivery of a graphic
Flyer where:
a. the Graphic Image is concealed in a sealed opaque envelope;
b. the exterior of the envelope contains the following legible warning;
"Contains a Graphic Image that may be offensive or disturbing"; and
c. the exterior of the envelope clearly identifies the sender and the sender's
address.
16.3 This Bylaw does not apply to:
a. mail that is Delivered to the Premise(s) by Canada Post; and
b. material that is Delivered to the Premise(s) at the request of the
occupant.
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15.10 The CAO may in their sole discretion:
a.
issue a temporary permit to the applicant;
b.
deny a temporary permit to the applicant;
c.
issue a temporary permit with specific conditions; or
d.
revoke a temporary permit.
15.11 Where the CAO issues, denies, issues subject to conditions, or revokes a
temporary permit pursuant to Section 15.10, the CAO shall, as soon as
reasonably practicable, notify Council of the issuance, denial, issuance
subject to conditions, or revocation of a temporary permit and the
circumstances thereof.
15.12 The provisions of this Section shall not apply to:
a.
emergency Vehicles;
b.
work performed in relation to a highway or public utility by the Owner or
operator of the public utility, or its contractors;
b.
any activity within the sole jurisdiction of the Government of Canada or
the Province of Alberta;
c.
railway related activities;
d.
a snow clearing device powered by an engine for the purpose of
commercial, industrial, or institutional removal of snow and ice from
streets, parking lots, and sidewalks; and
e.
any activity carried on by the City or its Employees, contractors, and any
other individual(s) carrying out authorized City business.
16.GRAPHIC FLYERS
16.1
No Person shall Deliver or participate in the Delivery of a Graphic Image(s) to
any Premise(s).
16.2 Despite Section 16.1, a Person may participate in the Delivery of a graphic
Flyer where:
a.
the Graphic Image is concealed in a sealed opaque envelope;
b.
the exterior of the envelope contains the following legible warning;
"Contains a Graphic Image that may be offensive or disturbing"; and
c.
the exterior of the envelope clearly identifies the sender and the sender's
address.
16.3 This Bylaw does not apply to:
a.
mail that is Delivered to the Premise(s) by Canada Post; and
b.
material that is Delivered to the Premise(s) at the request of the
occupant.
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17. REMEDIAL ORDERS
17.1 A Remedial Order may be issued to order compliance with the provisions of
this Bylaw.
17.2 Every Remedial Order written with respect to this Bylaw shall:
a. indicate the Person to whom it is directed;
b. identify the property to which the Remedial Order relates by municipal
address or legal description, if relevant;
c. identify the date that it is issued;
d. identify how the Person or Premises fails to comply with this or another
Bylaw;
e. identify the specific provisions of the Bylaw the Person or Premises
contravenes;
f. identify the nature of the remedial action required to be taken to bring
the Person or Premises into compliance;
g. identify the time within which the remedial action must be completed;
h. Indicate that if the required remedial action is not completed within the
time specified, the City may take whatever action or measures are
necessary to remedy the contravention;
i.
indicate that the expenses and costs of any action or measures taken by
the City under this Section are an amount owing to the City by the Person
to whom the Remedial Order is directed;
j.
indicate that the expenses and costs referred to in this Section may be
attached to the tax roll of the property if such costs are not paid by a
specified time;
k. indicate that a Person to whom a Remedial Order is directed may seek a
review of the order by filing a request for review in writing with the City in
accordance with Section 547 of the Municipal Government Act, RSA
2000, c M-26; and
L.
A Remedial Order written pursuant to this Bylaw shall be served on the
Owner by:
I.
delivering the Remedial Order personally to the Owner of the
Premises to which it relates;
II. leaving the Remedial Order for the Owner at the Premises with a
Person who appears to be at least 18 years of age;
III. posting the Remedial Order in a conspicuous place on the
Premises to which the Remedial Order relates, or on the private
dwelling place of the Owner of the Premises, as registered at the
Land Titles Office or on the municipal tax roll for the Premises. The
Remedial Order shall be deemed to be served upon the expiry of 3
days after the Remedial Order is posted;
IV. sending the Remedial Order registered mail to the last known
address of the Owner, and the Remedial Order shall be deemed to
be served upon confirmation of receipt of the registered mail; or
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17. REMEDIAL ORDERS
17.1 A Remedial Order may be issued to order compliance with the provisions of
this Bylaw.
17.2 Every Remedial Order written with respect to this Bylaw shall:
a.
indicate the Person to whom it is directed;
b.
identify the property to which the Remedial Order relates by municipal
address or legal description, if relevant;
c.
identify the date that it is issued;
d.
identify how the Person or Premises fails to comply with this or another
Bylaw;
e.
identify the specific provisions of the Bylaw the Person or Premises
contravenes;
f.
identify the nature of the remedial action required to be taken to bring
the Person or Premises into compliance;
g.
identify the time within which the remedial action must be completed;
h.
Indicate that if the required remedial action is not completed within the
time specified, the City may take whatever action or measures are
necessary to remedy the contravention;
i.
indicate that the expenses and costs of any action or measures taken by
the City under this Section are an amount owing to the City by the Person
to whom the Remedial Order is directed;
j.
indicate that the expenses and costs referred to in this Section may be
attached to the tax roll of the property if such costs are not paid by a
specified time;
k.
indicate that a Person to whom a Remedial Order is directed may seek a
review of the order by filing a request for review in writing with the City in
accordance with Section 547 of the Municipal Government Act, RSA
2000, c M-26; and
l.
A Remedial Order written pursuant to this Bylaw shall be served on the
Owner by:
I.
delivering the Remedial Order personally to the Owner of the
Premises to which it relates;
II.
leaving the Remedial Order for the Owner at the Premises with a
Person who appears to be at least 18 years of age;
Ill.
posting the Remedial Order in a conspicuous place on the
Premises to which the Remedial Order relates, or on the private
dwelling place of the Owner of the Premises, as registered at the
Land Titles Office or on the municipal tax roll for the Premises. The
Remedial Order shall be deemed to be served upon the expiry of 3
days after the Remedial Order is posted;
IV. sending the Remedial Order registered mail to the last known
address of the Owner, and the Remedial Order shall be deemed to
be served upon confirmation of receipt of the registered mail; or
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V. sending the Remedial Order regular mail to the last known address
of the Owner, and the Remedial Order shall be deemed to be
served 7 days after the date of mailing.
17.3 No Person shall fail to comply with a Remedial Order issued by the Chief
Administrative Officer, the Director of Community Operations, their
designates, or a Peace Officer pursuant to this Bylaw.
18. APPEAL OF REMEDIAL ORDERS
18.1 A Person to whom a Remedial Order is directed may seek a review of the order
by filing a request for review in writing with the City in accordance with Section
547 of the Municipal Government Act, RSA 2000, c M-26 and paying a $100.00
Administrative fee.
18.2 A review requested pursuant to this Section must state the name of the
appellant, the municipal address of the property to which the remedial order
being appealed from relates, a daytime telephone contact number at which
the appellant may be reached, and an address at which documents in relation
to the appeal may be Delivered.
18.3 Upon review of the order, Council may confirm, vary, substitute, or cancel the
Remedial Order.
18.4 Council may provide their decision verbally or in writing to the appellant.
18.5 If a decision is made in writing, the CAO may serve the decision to the
appellant in the same manner as a Remedial Order in Section 18.3.
18.6 If a request for review of a Remedial Order is received after the applicable
deadline, no review will be scheduled, and the appellant will be informed of
such.
18.7 A Person to whom an order is issued pursuant to this Bylaw and who fails to
comply with such Remedial Order or fails to comply within the time set out for
compliance within that Remedial Order is guilty of an offence.
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V.
sending the Remedial Order regular mail to the last known address
of the Owner, and the Remedial Order shall be deemed to be
served 7 days after the date of mailing.
17.3 No Person shall fail to comply with a Remedial Order issued by the Chief
Administrative Officer, the Director of Community Operations, their
designates, or a Peace Officer pursuant to this Bylaw.
18.APPEAL OF REMEDIAL ORDERS
18.1 A Person to whom a Remedial Order is directed may seek a review of the order
by filing a request for review in writing with the City in accordance with Section
547 of the Municipal Government Act, RSA 2000, cM-26 and paying a $100.00
Administrative fee.
18.2 A review requested pursuant to this Section must state the name of the
appellant, the municipal address of the property to which the remedial order
being appealed from relates, a daytime telephone contact number at which
the appellant may be reached, and an address at which documents in relation
to the appeal may be Delivered.
18.3 Upon review of the order, Council may confirm, vary, substitute, or cancel the
Remedial Order.
18.4 Council may provide their decision verbally or in writing to the appellant.
18.5 lf a decision is made in writing, the CAO may serve the decision to the
appellant in the same manner as a Remedial Order in Section 18.3.
18.6
If a request for review of a Remedial Order is received after the applicable
deadline, no review will be scheduled, and the appellant will be informed of
such.
18.7 A Person to whom an order is issued pursuant to this Bylaw and who fails to
comply with such Remedial Order or fails to comply within the time set out for
compliance within that Remedial Order is guilty of an offence.
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19. INSPECTIONS
19.1 A Peace Officer may, for the purpose of ensuring that the provisions of this
Bylaw are being complied with, enter in or upon any property, in accordance
with Section 542 of the Municipal Government Act, RSA 2000, c M-26, to carry
out an inspection, enforcement, or other action required or authorized by this
Bylaw, the Municipal Government Act, RSA 2000, c M-26, or any other
applicable statute.
19.2 A Peace Officer shall provide the Owner of the property with 24 hours' notice
when exercising their authority to enter onto property for inspection or
enforcement. This shall be deemed reasonable notice as required by the
Municipal Government Act, RSA 2000, c M-26.
19.3 No Person shall Obstruct a Peace Officer investigating a complaint made
under or exercising their authority pursuant to this Bylaw.
19.4 No Person shall Obstruct work crews acting under the direction of a Peace
Officer pursuant to this Bylaw.
20. PENALITIES
20.1 Any Person who contravenes any of the provisions of this Bylaw by doing any
act or thing which the Person is prohibited from doing is guilty of an offence.
20.2 Any Person who is convicted of an offence pursuant to this Bylaw is liable on
summary conviction to a fine not exceeding $10,000.00.
20.3 Where there is a specified penalty listed for an offence in Schedule "A" of this
Bylaw, that amount is the specified penalty for the offence.
20.4 Where there is a minimum penalty listed for an offence in Schedule "A" of this
Bylaw, that amount is the minimum penalty for the offence.
20.5 If a Person is convicted twice of the same provision of this Bylaw within a 24-
month period, the minimum penalty for the 2nd conviction within a 24-month
period shall be twice the amount of the specified penalty found in Schedule
20.6 If a Person is convicted a 3rd time of the same provision of this Bylaw within a
24-month period, the minimum penalty for the third conviction within a 24-
month period shall be three times the amount of the specified penalty found
in Schedule "A" but not more than $10,000.00 dollars.
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19. INSPECTIONS
19.1 A Peace Officer may, for the purpose of ensuring that the provisions of this
Bylaw are being complied with, enter in or upon any property, in accordance
with Section 542 of the Municipal GovernmentAct, RSA 2000, cM-26, to carry
out an inspection, enforcement, or other action required or authorized by this
Bylaw, the Municipal GovernmentAct, RSA 2000, cM-26, or any other
applicable statute.
19.2 A Peace Officer shall provide the Owner of the property with 24 hours' notice
when exercising their authority to enter onto property for inspection or
enforcement. This shall be deemed reasonable notice as required by the
Municipal Government Act, RSA 2000, c M-26.
19.3 No Person shall Obstruct a Peace Officer investigating a complaint made
under or exercising their authority pursuant to this Bylaw.
19.4 No Person shall Obstruct work crews acting under the direction of a Peace
Officer pursuant to this Bylaw.
20. PENALITIES
20.1 Any Person who contravenes any of the provisions of this Bylaw by doing any
act or thing which the Person is prohibited from doing is guilty of an offence.
20.2 Any Person who is convicted of an offence pursuant to this Bylaw is liable on
summary conviction to a fine not exceeding $10,000.00.
20.3 Where there is a specified penalty listed for an offence in Schedule "A" of this
Bylaw, that amount is the specified penalty for the offence.
20.4 Where there is a minimum penalty listed for an offence in Schedule "A" of this
Bylaw, that amount is the minimum penalty for the offence.
20.5
If a Person is convicted twice of the same provision of this Bylaw within a 24-
month period, the minimum penalty for the 2° conviction within a 24-month
period shall be twice the amount of the specified penalty found in Schedule
"A".
20.6 lf a Person is convicted a 3"° time of the same provision of this Bylaw within a
24-month period, the minimum penalty for the third conviction within a 24-
month period shall be three times the amount of the specified penalty found
in Schedule "A" but not more than $10,000.00 dollars.
24[Page
Bylaw #012-26
Community Standards Bylaw
20.7 No Person shall fail to comply with or fail to do anything that a Person is
required to do pursuant to the provisions of this Bylaw.
21. VIOLATION TICKETS
21.1 Where a Peace Officer believes that a Person has contravened any provision
of this Bylaw, they may commence proceedings by issuing a violation ticket in
accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34.
21.2 This Section shall not prevent any Officer from issuing a violation ticket
requiring the court appearance of the defendant, pursuant to the provisions of
the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, or from relaying
information instead of issuing a violation ticket.
22. INVESTIGATION OF COMPLAINTS
22.1 A Peace Officer may, at their discretion, refuse to investigate or take any
action on a complaint if the Officer reasonably believes that:
a. the complaint is frivolous, vexatious, without merit or not in the public
interest;
b. the complaint falls outside the scope of this Bylaw;
c. the complaint is not supported by evidence or information; or
d. the complaint is more appropriately dealt with by another authority or
agency.
22.2 A Peace Officer who refuses to investigate or take any action on a complaint
under this Section shall not be held liable for any damages or losses arising
from the refusal, unless appealed, unless otherwise provided by law.
22.3 Nothing in this Section shall limit or affect the right of any Person to seek
redress or relief through any other legal or administrative process.
23. SEVERABILITY
23.1 If any Section or parts of this Bylaw are found in any court of law to be illegal or
beyond the power of Council to enact, such Section or parts shall be deemed
to be severable and all other Section or parts of this Bylaw shall be deemed to
be separate and independent there from and to be enacted as such.
23.2 This Bylaw shall come into full force and effect upon the date of the third and
final reading.
23.3 Bylaw #003-25, being the Community Standards Bylaw, is hereby repealed.
25 IPage
Bylaw #012-26
Community Standards Bylaw
20.7 No Person shall fail to comply with or fail to do anything that a Person is
required to do pursuant to the provisions of this Bylaw.
21. VIOLATION TICKETS
21.1 Where a Peace Officer believes that a Person has contravened any provision
of this Bylaw, theymay commence proceedings by issuing a violation ticket in
accordance with the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34.
21.2 This Section shall not prevent any Officer from issuing a violation ticket
requiring the court appearance of the defendant, pursuant to the provisions of
the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34, or from relaying
information instead of issuing a violation ticket.
22. INVESTIGATION OF COMPLAINTS
22.1 A Peace Officer may, at their discretion, refuse to investigate or take any
action on a complaint if the Officer reasonably believes that:
a.
the complaint is frivolous, vexatious, without merit or not in the public
interest;
b.
the complaint falls outside the scope of this Bylaw;
c.
the complaint is not supported by evidence or information; or
d.
the complaint is more appropriately dealt with by another authority or
agency.
22.2 A Peace Officer who refuses to investigate or take any action on a complaint
under this Section shall not be held liable for any damages or losses arising
from the refusal, unless appealed, unless otherwise provided by law.
22.3 Nothing in this Section shall limit or affect the right of any Person to seek
redress or relief through any other legal or administrative process.
23. SEVERABILITY
23.1
If any Section or parts of this Bylaw are found in any court of law to be illegal or
beyond the power of Council to enact, such Section or parts shall be deemed
to be severable and all other Section or parts of this Bylaw shall be deemed to
be separate and independent there from and to be enacted as such.
23.2 This Bylaw shall come into full force and effect upon the date of the third and
final reading.
23.3 Bylaw #003-25, being the Community Standards Bylaw, is hereby repealed.
251Page
Bylaw #012-26
Community Standards Bylaw
READ A FIRST TIME: May 12, 2026
READ A SECOND TIME: May 12, 2026
READ A THIRD TIME: May 12, 2026
RESOLUTION NUMBERS:
250512-23
250512-24
250512-26
Mayor, Shannon Dean
Chief Adrninist
ficer, Kent Edney
26 I '
READ A FIRST TIME: May 12, 2026
READ A SECOND TIME: May 12, 2026
READ A THIRD TIME: May 12, 2026
RESOLUTION NUMBERS:
250512-23
250512-24
250512-26
Bylaw #012-26
Community Standards Bylaw
Mayor, Shannon Dean
26[Page
Bylaw #012-26
Community Standards Bylaw
SCHEDULE "A"
Section
Offence
Minimum Penalty Specified
Penalty
4.1(a)
Littering
$100.00
$200.00
4.1(b)
Litter from a Vehicle
$100.00
$200.00
4.1(c)
Dispose of burning material
$250.00
$500.00
4.2
Owner of a Vehicle liable for Litter
$250.00
$500.00
4.4
Urinate/deposit human waste in
public
$250.00
$500.00
4.5
Spitting
$100.00
$200.00
4.6
Place/deposit pamphlets on
Vehicles
$100.00
$200.00
4.7
Place a Sign on pole
$100.00
$200.00
5.1
Fighting
$250.00
$500.00
5.2
Unlawful assembly
$100.00
$200.00
5.4
Failure to disperse from unlawful
assembly on demand of Peace
Officer
$200.00
$400.00
5.5
Loiter and Obstruct
$100.00
$200.00
5.6
Disorderly Conduct
$250.00
$500.00
5.9
Failure to cease Disorderly Conduct
on demand of Peace Officer
$250.00
$500.00
5.11
Failure to leave Open Space Area on
demand of Peace Officer
$250.00
$500.00
5.12
Operate a Vehicle on an ice surface
$125.00
$250.00
5.13
Obstruct City Employee
$250.00
$500.00
6.1
Prohibited Panhandling
$100.00
$200.00
7.1
Apply Graffiti
$2000.00
$5000.00
7.2
Failure to remove/block Graffiti
$100.00
$200.00
8.2
Occupy Open Space Area when
closed
$100.00
$200.00
8.4
Failure to leave Open Space Area on
demand of Peace Officer
$250.00
$500.00
8.5(a)
Camp or erect a tent in an Open
Space Area
$100.00
$200.00
8.5(b)
Build/erect a structure in an Open
Space Area
$100.00
$200.00
8.6
Unauthorized fire in an Open Space
Area
$250.00
$500.00
27pPage
SCHEDULE "A"
Bylaw #012-26
Community Standards Bylaw
Section
Offence
Minimum Penalty
Specified
Penalty
4.1 (a)
Littering
$100.00
$200.00
4.1 (b)
Litter from a Vehicle
$100.00
$200.00
4.1(c)
Dispose of burning material
$250.00
$500.00
4.2
Owner of a Vehicle liable for Litter
$250.00
$500.00
4.4
Urinate/deposit human waste in
$250.00
$500.00
public
4.5
Spitting
$100.00
$200.00
4.6
Place/deposit pamphlets on
$100.00
$200.00
Vehicles
4.7
Place a Sign on pole
$100.00
$200.00
5.1
Fighting
$250.00
$500.00
5.2
Unlawful assembly
$100.00
$200.00
5.4
Failure to disperse from unlawful
$200.00
$400.00
assembly on demand of Peace
Officer
5.5
Loiter and Obstruct
$100.00
$200.00
5.6
Disorderly Conduct
$250.00
$500.00
5.9
Failure to cease Disorderly Conduct
$250.00
$500.00
on demand of Peace Officer
5.11
Failure to leave Open Space Area on
$250.00
$500.00
demand of Peace Officer
5.12
Operate a Vehicle on an ice surface
$125.00
$250.00
5.13
Obstruct City Employee
$250.00
$500.00
6.1
Prohibited Panhandling
$100.00
$200.00
7.1
Apply Graffiti
$2000.00
$5000.00
7.2
Failure to remove/block Graffiti
$100.00
$200.00
8.2
Occupy Open Space Area when
$100.00
$200.00
closed
8.4
Failure to leave Open Space Area on
$250.00
$500.00
demand of Peace Officer
8.5(a)
Camp or erect a tent in an Open
$100.00
$200.00
Space Area
8.5(b)
Build/erect a structure in an Open
$100.00
$200.00
Space Area
8.6
Unauthorized fire in an Open Space
$250.00
$500.00
Area
271Page
Bylaw #012-26
Community Standards Bylaw
8.8
Launch Boat/personalized
watercraft from an Open Space Area
$100.00
$200.00
8.10(a)
Injuring a user in an Open Space
Area
$500.00
$1000.00
8.10(b)
Damage to an Open Space Area or
amenity in an Open Space Area
$500.00
$1000.00
8.10(c)
Disorderly Conduct in Open Space
Area
$250.00
$500.00
8.11
Disobey any Sign in an Open Space
Area
$100.00
$200.00
8.12 (a)
Place a Sign in an Open Space Area
$150.00
$300.00
8.12 (b)
Place a Poster in Open Space Area
$100.00
$200.00
8.13 (a)
Owner of a Sign failing to remove
Sign
$150.00
$300.00
8.13 (b)
Owner of a Poster failing to remove
Poster
$100.00
$200.00
8.14
Failure to comply with directions
from Peace Officer
$250.00
$500.00
9.1
Alcohol consumption outside of
designated picnic area
$200.00
$300.00
9.3
Alcohol consumption outside of
designated hours
$200.00
$300.00
9.5
Open container
$200.00
$300.00
9.7
Consume alcohol after being
ordered to cease by Peace Officer
$200.00
$300.00
9.9
Possession of glass containers in
Open Space Area
$200.00
$300.00
9.11
Failure to remove broken glass from
glass containers from Open Space
Area
$200.00
$300.00
9.12
Possession of alcohol in Open
Space Area at City-operated event
$200.00
$300.00
9.13
Possession of alcohol at Cove
Beach/Anniversary Park
$200.00
$300.00
10.1
Unsupervised Fire
$250.00
$500.00
10.2
Fire during a Fire ban
$1250.00
$2500.00
10.3
Owner of Premises fails to prevent
ignition of fire during fire ban
$1250.00
$2500.00
10.4
Person fails to comply with fire a
restriction
$750.00
$1500.00
281 age
Bylaw #012-26
Community Standards Bylaw
8.8
Launch Boat/personalized
$100.00
$200.00
watercraft from an Open Space Area
8.1 0(a)
Injuring a user in an Open Space
$500.00
$1000.00
Area
8.1 0(b)
Damage to an Open Space Area or
$500.00
$1000.00
amenity in an Open Space Area
8.1 0(c)
Disorderly Conduct in Open Space
$250.00
$500.00
Area
8.11
Disobey any Sign in an Open Space
$100.00
$200.00
Area
8.12(a)
Place a Sign in an Open Space Area
$150.00
$300.00
8.12(b)
Place a Poster in Open Space Area
$100.00
$200.00
8.13(a)
Owner of a Sign failing to remove
$150.00
$300.00
Sign
8.13 (b)
Owner of a Poster failing to remove
$100.00
$200.00
Poster
8.14
Failure to comply with directions
$250.00
$500.00
from Peace Officer
9.1
Alcohol consumption outside of
$200.00
$300.00
designated picnic area
9.3
Alcohol consumption outside of
$200.00
$300.00
designated hours
9.5
Open container
$200.00
$300.00
9.7
Consume alcohol after being
$200.00
$300.00
ordered to cease by Peace Officer
9.9
Possession of glass containers in
$200.00
$300.00
Open Space Area
9.11
Failure to remove broken glass from
$200.00
$300.00
glass containers from Open Space
Area
9.12
Possession of alcohol in Open
$200.00
$300.00
Space Area at City-operated event
9.13
Possession of alcohol at Cove
$200.00
$300.00
Beach/Anniversary Park
10.1
Unsupervised Fire
$250.00
$500.00
10.2
Fire during a Fire ban
$1250.00
$2500.00
10.3
Owner of Premises fails to prevent
$1250.00
$2500.00
ignition of fire during fire ban
10.4
Person fails to comply with fire a
$750.00
$1500.00
restriction
28[Page
Bylaw #012-26
Community Standards Bylaw
10.5
Owner of Premises fails to comply
with Fire restriction
$750.00
$1500.00
10.7
Failure to comply with demand
during Fire ban
$2500.00
$5000.00
12.1
Permit obstruction of Hydrant
$250.00
$500.00
12.2
Permit Premises to Obstruct
operation of Fire hydrant
$250.00
$500.00
12.3
Failure to maintain clearance
around fire hydrant
$250.00
$500.00
13.1
Discharge, give away, handle, sell,
offer for sale, possess, or purchase
fireworks
$1250.00
$2500.00
13.3
Owner of a Premise fails to prevent
discharge of fireworks from
Premises/structure
$1250.00
$2500.00
13.4
Driver of Vehicle discharge fireworks
from Vehicle
$1250.00
$2500.00
13.5
Occupant of Vehicle discharge
fireworks from Vehicle
$1250.00
$2500.00
13.6
Owner of a Vehicle fails to prevent
discharge of fireworks from Vehicle
$1250.00
$2500.00
14.1
Discharge a Firearm within City
limits
$2500.00
$5000.00
15.1(a)
Make excessive noise
$125.00
$250.00
15.1(b)
Permit/allow/operate speaker
system causing excessive noise
$125.00
$250.00
15.1(c)
Permit/allow/operate signaling
device in a residential district
$125.00
$250.00
15.2
Owner of Premises fails to prevent
excessive, unnecessary, or unusual,
Noise from Premises
$125.00
$250.00
15.4
Operating a power tool during
Nighttime
$125.00
$250.00
15.5
Operate a power tool causing
excessive noise
$125.00
$250.00
15.6
Operate Construction Equipment at
Nighttime
$250.00
$500.00
15.7
Construction noise at Nighttime
$250.00
$500.00
16.1
Deliver or participate in the Delivery
of a Graphic Image
$500.00
$1000.00
17.3
Failure to comply with remedial
order
$1500.00
$2500.00
29IPage
Bylaw #012-26
Community Standards Bylaw
10.5
Owner of Premises fails to comply
$750.00
$1500.00
with Fire restriction
10.7
Failure to comply with demand
$2500.00
$5000.00
during Fire ban
12.1
Permit obstruction of Hydrant
$250.00
$500.00
12.2
Permit Premises to Obstruct
$250.00
$500.00
operation of Fire hydrant
12.3
Failure to maintain clearance
$250.00
$500.00
around fire hydrant
13.1
Discharge, give away, handle, sell,
$1250.00
$2500.00
offer for sale, possess, or purchase
fireworks
13.3
Owner of a Premise fails to prevent
$1250.00
$2500.00
discharge of fireworks from
Premises/structure
13.4
Driver of Vehicle discharge fireworks
$1250.00
$2500.00
from Vehicle
13.5
Occupant of Vehicle discharge
$1250.00
$2500.00
fireworks from Vehicle
13.6
Owner of a Vehicle fails to prevent
$1250.00
$2500.00
discharge of fireworks from Vehicle
14.1
Discharge a Firearm within City
$2500.00
$5000.00
limits
15.1(a)
Make excessive noise
$125.00
$250.00
15.1(b)
Permit/allow/operate speaker
$125.00
$250.00
system causing excessive noise
15.1(c)
Permit/allow/operate signaling
$125.00
$250.00
device in a residential district
15.2
Owner of Premises fails to prevent
$125.00
$250.00
excessive, unnecessary, or unusual,
Noise from Premises
15.4
Operating a power tool during
$125.00
$250.00
Nighttime
15.5
Operate a power tool causing
$125.00
$250.00
excessive noise
15.6
Operate Construction Equipment at
$250.00
$500.00
Nighttime
15.7
Construction noise at Nighttime
$250.00
$500.00
16.1
Deliver or participate in the Delivery
$500.00
$1000.00
of a Graphic Image
17.3
Failure to comply with remedial
$1500.00
$2500.00
order
29[Page
Bylaw #012-26
Community Standards Bylaw
19.3
Obstruction of a Peace Officer
$500.00
$1000.00
19.4
Obstruction of work crews under a
Peace Officer direction
$500.00
$1000.00
20.1
Contravene a provision of this Bylaw
$50.00
$100.00
30 I
Bylaw #012-26
Community Standards Bylaw
19.3
Obstruction of a Peace Officer
$500.00
$1000.00
19.4
Obstruction of work crews under a
$500.00
$1000.00
Peace Officer direction
20.1
Contravene a provision of this Bylaw
$50.00
$100.00
30[Page