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Village of Cremona Bylaw 476-17
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Bylaw 476-17
Residential Community Standards
BEING a Bylaw of the Village of Cremona, in the Province of Alberta, to regulate Neighborhood
Nuisance, Safety and Livability Issues.
WHEREAS, Section 7(a) of the Municipal Government Act, Chapter M-26RSA 2010 as amended; a
council may pass bylaws for municipal purposes respecting the following matter of the safety, health
and welfare of people and the protection of people and property;
AND WHEREAS, the Municipal Government Act authorizes a municipality to pass bylaws respecting
nuisances, including unsightly property;
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 Village of Cremona, in the Province of Alberta, duly assembled,
enacts as follows:
1.
This Bylaw shall be cited as the "Residential Community Standards Bylaw".
2.
The owner of any real property, as registered on title at the Land Titles Office is
ultimately responsible for all activities on the property which may constitute
prohibition of this Bylaw.
3.
Nothing in this Bylaw relieves a Person from complying with any Federal or
Provincial law or regulation, other bylaw or any requirements of any lawful permit
order or license.
4.
Where this Bylaw refers to another Act, bylaw, regulation or agency, it includes
references to any Act, bylaw, regulation or agency that may be substituted
therefore.
5.
Every provision of this Bylaw is independent of all other provision and if any
provision of this Bylaw is declared invalid for any reason by a Court or competent
jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.
6.
In this Bylaw:
a. Automobile Parts includes, but is not limited to, any vehicle part or collection of
vehicles parts, or one or more vehicles that are dilapidated, derelict or not in
operable condition;
b. Boulevard means the strip of land between the curb and the property line.
c. Bylaw Enforcement Officer means a person authorized by Council to carry out
the provisions of this bylaw, or the Chief Administrative Officer of the Village of
Cremona, or a member of the Royal Canadian Mounted Police;
d. Chief Administrative Officer means a person appointed as such under the
Municipal Government Act by the Village of Cremona Council;
e. Coop means a fully enclosed weather proof structure and attached outdoor
enclosure used for the keeping of Urban Chickens;
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Village of Cremona Bylaw 476-17
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f.
Drone means any unmanned aerial vehicle (UAV);
g. Farm Animals means a cow, horse, sheep, donkeys, goats, mules, pigs, ducks,
turkey, chickens, or any other animal that does not stay in the house during a
portion of the day. This does not include dogs, cats, rabbits which are
considered domestic animal.
h. Graffiti means words, figures, letters, drawings or stickers applied, scribbled,
scratched, etched, sprayed or attached on or to the surface of any Premises,
Structure, or other property.
i.
Hen means a domesticated female chicken;
j.
Lane means an alley intended primarily for access to the rear of the Premises;
k. Litter means any solid or liquid material or product or combination of products
but not limited to: any rubbish, refuse, garbage, paper, package, container,
bottle, can, manure, human or animal excrement or sewage or the whole or part
of an animal carcass or the whole or part of any article, raw or processed
material which can be used for construction of building.
l.
Motor Vehicle is a self-propelled road vehicle and off-road vehicle, commonly
wheeled, that does not operate on rails, such as trains or trams and used for
commercial purposes on the highways in the transportation of passengers, or
passengers and property;
m. Noise is any loud sound which either annoys or disturbs persons or which injures,
endangers or detracts from the comfort, repose, health, peace or safety of
persons;
n. Officer includes a Bylaw Enforcement Officer and a member of the RCMP.
o. Owner includes a corporation other legal entities and an individual having
charge or control of a premises; the owner of any real property, as registered
on title at the Land Titles Office.
p. Premises includes 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 of buildings;
q. Remedial Order means an order written pursuant to Section 545 and Section
546 of the Municipal Government Act.
r. Rooster means a domesticated male chicken;
s. Structure means a building, garage, shed, fence or other improvement erected or
place in, on, over or under land, whether or not it is affixed to the land;
t. Urban Chicken means a Hen that is at least 16 weeks of age;
u. Urban Area means lands located in the village on which agricultural operations,
including but not limited to the keeping of livestock are neither a permitted or
discretionary use under the village's Land Use Bylaw.
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Village of Cremona Bylaw 476-17
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v. Work Forces include employees of the Village of Cremona and Person under
contract to The Village.
UNTIDY PROPERTIES
Scope
7.
The standards, requirements and prohibitions contained in this Part shall apply to:
a. Residential Zoned Premises;
b. Vacant lots within residential zoned areas;
Accumulation of Materials
8.
No owner of a Premise shall allow on the Premise, the accumulation of:
a. Any material that creates unpleasant odors;
b. Any material likely to attract pests; or
c. Animal remains, parts of animal remains, or animal feces.
d. Loose garbage;
e. Bottles, cans, boxes or packaging materials;
f.
Household furniture or other household goods;
g. Automobiles (derelict)
h. Automobile Parts;
i.
Parts of or disassembled machinery, equipment or appliances; and
j.
Yard waste, including grass, tree and hedge cuttings.
k. Appliances, Fridges and Freezers.
Outdoor Storage of Building Materials
9.
No owner of real property shall allow on the Premise the accumulation of building
materials, whether new or used, unless that the owner or occupier can establish
that a construction or renovation undertaking is being carried out on the Premise.
Any persons that hold a valid Village of Cremona Building Permit may be exempt
from this clause.
Nuisances Escaping Property
Water, Eavestroughs and Downspouts
10.
No owner of a Premise shall allow a flow of water from a hose, eave or similar
device on the Premise to be directed towards an adjacent premise.
Weeds, Grass and Trees
Weed Inspectors
11.
The Chief Administrative Officer may appoint Weed Inspectors to enforce the Weed
Control Act, S.A. 2008
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Village of Cremona Bylaw 476-17
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Weeds
12.
Owners must control the growth of noxious weeds and must destroy any prohibited
noxious weeds on their property as per the Weed Control Act, S.A. 2008.
Grass
13.
No owner of a Premise shall allow grass on the Premise to exceed 15 centimeters.
Trees
14.
Owner shall prune, remove or otherwise maintain trees and shrubs that interfere
with or endanger traffic control devices, utility lines, poles, pipes, sewers,
sidewalks, streets and alleyways or other works of the Village or Public Utility.
15.
No person shall plant trees or shrubbery on Village Lands or cause trees or
shrubbery to be planted on Village Lands without prior written authorization from
the Chief Administrative Officer.
The above section shall apply to vacant lots within residential areas and the grass on
any boulevard that lies directly between the boundary of a parcel of land and an
adjacent highway, road or alley.
Sidewalks
16.
The Owner or Occupier of any premise within the Village of Cremona shall remove
and clear away all snow, ice, dirt or other obstructions from the sidewalk adjoining
such premises within seventy two (72) hours.
17.
No owner shall place or allow to be placed any obstruction on any sidewalk, street or
roadway without written consent of the Village of Cremona.
Maintenance of Buildings, Structures and Fences
Interpretation
18.
For the purpose of this Part:
a. "Fence" includes a privately built fence and a developer-built community
screening fence;
b. "Good Repair" means a condition where something is free from;
i.
Significant damage;
ii.
Rot or other significant deterioration;
c. "Structure" includes any building, retaining wall, shed or portable shack.
Obligation to Maintain
19.
No owner or occupier of a Premise shall allow a Structure or Fence to become a
safety hazard.
20.
Every owner or occupier of a Premise shall ensure the following are maintained in
Good Repair;
a. Fences and their structural members;
b. Structures and their structural members including:
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Village of Cremona Bylaw 476-17
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i.
Foundations and foundation walls;
ii.
Exterior walls and their components;
iii.
Roofs;
iv.
Windows and their casings;
v.
Doors and their frames;
c. Protective or decorative finishes of all exterior surfaces of a Structure or Fence;
and
d. Exterior stairs, landings, porches, balconies and decks.
e. Vacant buildings must be secured at all times.
Addressing
21.
The owner of a Premise on which a dwelling unit has been erected shall display the
number assigned to the property at the location plainly visible from the street in front
of the Premise to which the property is addressed. Minimum 3 inches in size.
Light
22.
No owner or occupier of a Premise shall allow an outdoor light to shine directly into
the living or sleeping areas of an adjacent dwelling house.
Drones
23.
No owner or occupier of a Premise shall fly and operate drones below roof level of any
dwelling other than their own, with the exception of agricultural lands.
Graffiti Prevention and Abatement
24.
No person shall create or apply Graffiti on or to any;
a. Publically owned property or premises.
Littering
25.
No person shall place, deposit, or throw any litter upon any:
a. Street;
b. Land;
c. Sidewalk;
d. Parking lots;
e. Recycle Centre
f. Park;
g. Playground;
h. Water course or;
i.
Other public place
26.
All private or general contractors shall during the construction, renovation or
demolition of a building, keep the land in a reasonable condition so as not to
constitute a nuisance and shall secure all manner of debris so as to prevent from
blowing onto any other private or public property.
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Village of Cremona Bylaw 476-17
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Storage on Village Property
27.
No person shall place, pile or store any material or equipment on Village owned
property without first obtaining approval for such purpose from the C.A.O. for the
Village of Cremona.
Noise
28.
Except to the extent permitted in the bylaw, no person shall make, continue to make,
create, cause or allow to be created or caused or continued, any noise which by reason
of its intensity, volume, or nature causes or is likely to cause some discomfort,
annoyance or disturbance to other persons within the Village of Cremona at any time
of the day or night.
29.
Where any person is engaged in any recreational or other activity, occupation, project
work, construction or endeavor which is not prohibited or regulated by other
provisions of this Bylaw or any other Bylaw of the Village or by any Provincial or
Federal Statue or Regulation, and such recreational or other activity, occupation,
project, work, construction or endeavor creates or makes a south which:
a.
Is or may become, or
b.
Creates or produces or may create produce
a disturbance, or annoyance to other residents of the village or to occupants of
adjoining properties, a person engaged in such recreational or other activity,
occupation, project, work construction or endeavor shall conduct the same in such a
manner as will create as little of such sound as practicable under the circumstances.
Construction Noises
30.
Unless permission from the development officer of the village for such operation is
first obtained:
a.
No person shall carry on the construction of any type of structure which involves
hammering, sawing or the use of any mechanical tools or equipment capable of
creating a sound which may be heard beyond the boundaries of the site on which
the activity is being carried on in any district other than on designated in the Land
Use Bylaw as an industrial district, after the hour of ten o'clock (10:00 p.m.) in the
evening and before the hour of seven o'clock (7:00 a.m.) in the morning any day.
b.
No personal shall operate, permit any other person to operate, within the village a
vehicle which produces a noise.
c.
No person shall operate, or permit any other person to cause, within the village,
between the hours of 10:00 p.m. and 7:00 a.m. a construction noise, except as
specifically provided for.
d.
No person shall cause, or permit any other person to cause, within the village a
residential noise.
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Village of Cremona Bylaw 476-17
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e.
Notwithstanding anything contained in this Bylaw, this bylaw does not apply to
work carried on by the village or by a contractor caring out the instructions of the
village to meet an emergency.
Farm Animals
31.
Other than urban chickens, no farm animals are permitted in any area of the village
except for those lands zoned as Urban Reserve in which three (3) animals shall be
allowed. Any more than three (3) animals must be approved by the Municipal
Planning Commission.
32.
In an Urban Area, no person shall:
a.
Keep a Rooster;
b.
Keep a Hen, other than an Urban Chicken.
Keeping of Urban Chickens
33.
A person who keeps Urban Chickens must:
a.
Register with the Village for the keeping of Urban Chickens;
b.
Provide each Hen with at least 0.37 m2 of interior floor area, and at least 0.92 m2
of Outdoor Enclosure, within the Coop;
c.
Provide and maintain in the coop, at least one next box per coop and one perch
per Hen,;
d.
Keep each Hen in the Coop at all times;
34.
Owners of chickens in the village must prohibit the animals from making any noise
which may cause a disturbance to their neighbours as laid out in section 28 and 29 of
this bylaw.
35.
Farm animals must be cared for in a manner that meets all provincial and federal
regulations for that particular type of animal.
36.
Manure and other odorous materials must be removed on a regular basis and handled
in such a manner that smell does not cause discomfort to the neighbours and or
anyone else using the area surrounding the premises.
37.
The Bylaw Officer has the right to enter the premises to inspect the coop at any time.
Remedial Orders and Appeals
38.
Every Remedial Order written with respect to this Bylaw must:
a. Indicate the Person to whom it is directed;
b. Identify the property to which the Remedial Order related by municipal address
or legal description;
c. Identify the date that is issued;
d. Identify how the Premise fails to comply with this or another bylaw;
e. Identify the specific provision of the Bylaw the Premise contravenes;
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Village of Cremona Bylaw 476-17
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f.
Identify the nature of the remedial action required to be taken to bring the
Premise 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 Village may take whatever action or measures are necessary to
remedy the contravention;
i.
Indicate that any expenses and costs plus 10% administration fee of any action or
measures taken by the Village under this Section are an amount owing to the
Village by the Person to whom the order is directed;
j.
Indicated 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 the specified time;
k. Indicate that an appeal lies from the Remedial Order to the Village Council, if a
notice of appeal is filed in writing with the Chief Administrative Officer within
seven days of the receipt of the Remedial Order.
39.
Every Person who fails to comply with a Remedial Order issued pursuant to this
Bylaw within the time set out in the Remedial Order commits an offence.
Enforcement
40.
Any person who contravenes any provision of this Bylaw by:
a. Doing any act which the Person is prohibited from doing; or
b. Failing to do any act the Person is required to do: is guilty of an offence.
41.
All fines for contravention of this Bylaw are outlined in Schedule A of this bylaw.
42.
This bylaw repeals Nuisance 340-00 and Noise Bylaw 350-01.
43.
This bylaw shall come in force and effect on the final date of passing thereof.
READ A FIRST TIME THIS 17 TH DAY OF OCTOBER A.D., 2017
READ A SECOND TIME THIS 17 TH DAY OF OCTOBER A.D., 2017
READ A THIRD AND FINAL TIME THIS 17 TH DAY OF OCTOBER A.D., 2017
Tim Hagen, Mayor
Luana Smith, CAO
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Village of Cremona Bylaw 476-17
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SCHEDULE A
Offence
1st Offence
2nd Offence
3rd & Subsequent
Untidy Properties
$100.00
$250.00
$400.00
Nuisances Escaping Property
$100.00
$250.00
$400.00
Maintenance of building structures & fences
$100.00
$250.00
$500.00
Graffiti Prevention & Abatement
$100.00
$250.00
$500.00
Weeds Grass, Trees & Sidewalks
$100.00
$250.00
$300.00
Pursuant to Section 566(1) of the Municipal Government Act, a Personal who is guilty of such an offence
is liable.
a.
To fine of not more than $10,000; or
b.
To imprisonment for not more than one year, or both fine and imprisonment