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(h) "Manager" means the Chief Administrative Officer of the Village from time to time.
(g) "Loiter" means to stand idly around or move slowly about or to linger or spend time idly.
(f) "Hazing" means any intentional or reckless act meant to induce physical pain, humiliation or embarrassment that causes physical or mental discomfort and is directed against a minor for the purpose of being initiated, introduced into, affiliated with or maintaining membership in any club, school, athletic team or other similar group or organization in which minors participate.
rifle, shotgun, revolver and pistol.
(e) "Firearm" means a barreled weapon from which any shot, bullet or other projectile can be discharged and includes, without limitation, a
(d) "Disturbance means the interruption of the peace, quiet and good order of a neighbourhood or community, including but not limited to unnecessary and distracting noises.
(*"De elege en Onor resiga Development Officer appointed by machines, concrete mixers, backhoes and similar equipment.
ii) which causes or is likely to cause physical or emotional distress. (b) "Construction Equipment" includes, but is not limited to trenching i) directed at an individual, not of the same household;
conduct or display by a person:
(a) "Bullying" means any objectionable or inappropriate comment, In this bylaw:
DEFINITIONS
This Bylaw may be cited as the "Public Disturbances Bylaw".
SHORT TITLE
AND WHEREAS, by virtue of the power conferred upon it by the
Municipal Government Act, the Council of the Village of Donalda, duly assembled, enacts as follows:
WHEREAS pursuant to the Municipal Government Act, RSA 2000, the Council of the Village may pass a bylaw respecting the safety, health, and welfare of people and the protection of people and property and respecting the people, activities, and things in, on, or near a public place.
A BY-LAW OF THE VILLAGE OF DONALDA IN THE PROVINCE OF ALBERTA TO PROHIBIT CERTAIN PUBLIC DISTURBANCES.
## BYLAW #666
## VILLAGE OF DONALDA
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(b) the time of day or night the sound occurs;
(c) the duration and volume of the sound; and
(a) proximity of the sound to sleeping facilities, whether residential or commercial;
Factors for determining whether a sound is unreasonably loud, raucous or unusual include, but are not limited to, the following:
person of ordinary sensitivity within the Village.
or detracts from the comfort, repose, health, peace or safety of any other
loud, raucous or unusual noise which annoys, disturbs, injures, endangers be used in a manner such that there emanates there from any unreasonably or allow property, real or personal which he owns, occupies or controls, to Except to the extent permitted, by this bylaw, no person shall permit, suffer Except to the extent permitted by this bylaw, no person shall make, continue, cause or allow to be made or continued any unreasonably loud, raucous or unusual noise which annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of any other person of ordinary sensitivity within the Village.
## GENERAL PROHIBITION
(r) "Village" means the municipal corporation of the Village of Donalda or where the context permits, means the area within the municipal limits of the Village of Donalda.
(q) "Residential District" means any district designated for residential use in the Village's Land Use Bylaw as amended from time to time.
a.m. on any day.
(p) "Quiet Hours" shall mean between the hours of 10:00 p.m. and 7:00
(o) "Public Property" means any schoolyard, highway, parkland, public bridge, road, lane, footway, alley or passage, whether a thoroughfare or not, and includes any open space to which the public have or are permitted to have access.
(n) "Public Place" means any place including privately and publicly owned or leased property, to which the public reasonably has or is permitted to have access, whether on payment or otherwise, within the municipal limits of the Village of Donalda.
- (m) "Power Tool" includes any tool powered by an engine, motor, or compressed air.
(I) "Person" means an individual or any business or other entity including a Firm, Partnership, Association, Corporation, Company, or Society but does not include the Village.
Village of Donalda.
the Police Act (Alberta), or a Bylaw Enforcement Officer of the Police, a Special Constable appointment pursuant to the provisions of
(k) "Peace Officer" means a member of the Royal Canadian Mounted
) "Molesting" means to interfere with, annoy or disturb maliciously.
(1) "Minor" means an individual under 18 years of age.
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16. No prosecution shall be commenced for contravention of the loitering provisions of this bylaw unless a warning to cease loitering and vacate the area has first been given by a peace officer or any person in authority of the
15. When a peace officer finds any person loitering, he may direct such person to cease such loitering and vacate the area, and any person so directed shall forthwith cease such loitering and vacate.
14. Any person shall be deemed to be loitering within the meaning of this bylaw when he is standing or putting his feet on the top surface of any table, bench, planter or sculpture placed in any public place.
13. Any person shall be deemed to be loitering within the meaning of this bylaw when he is standing or sitting on any highway, including, without limiting the generality of the foregoing any sidewalk located thereon or within three feet thereof, and fails to vacate the area when requested to do so by a peace officer.
12. No person shall loiter on any property where the person in authority of the property prohibits loitering on the property.
(b) access to the entryway of any premises normally used by the public for gaining entrance to the premises, unless permission is granted by the person in authority of the property.
through, from or to such public place;
(a) the free and uninterrupted passage of vehicles, traffic or pedestrians
11. No person shall by himself or with another person loiter in a public place in such a manner as to obstruct, hinder or impede:
place, on public property or in any other place.
(c) No person shall commit the act of hazing against a minor in any public through written or electronic communication.
(b) No person shall commit the act of bullying against another person any public place, on public property or in any other place.
10. (a) No person shall commit the act of bullying against another person in No person shall urinate or defecate on public property.
No person shall cast, project, or throw any stones, balls of snow or ice, or use any projectile in any manner, which is dangerous to the public.
Village.
No person unless lawfully authorized shall discharge any firearm within the
(b) by molesting any other person.
or
(a) by fighting, screaming, shouting, swearing, or using insulting language;
(d) whether the sound is recurrent, intermittent or constant. No person shall cause a disturbance in or near public property:
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(b) In the operation or carrying on of an industrial activity, the person operating or carrying on that activity shall make no more noise than is necessary in the normal method of performing or carrying on that
(ii) is an approved discretionary use;
(i) is a permitted use; or
22. (a) Nothing in this Bylaw shall prevent the continual operation or carrying on of an industrial activity where the activity is one which:
## INDUSTRIAL
mower, or any snow-clearing device in any residential district during quiet
21. No person shall operate construction equipment, power tools, a power lawn
## DOMESTIC
20. Unless written permission from a Development Officer is first obtained, no person shall during quiet hours carry on the construction, repair, alteration, or demolition of any type of structure including but not limited to hammering, sawing, and the use of any power tools or construction equipment capable of creating a sound which may be heard beyond the boundaries of the site on which the activity is being carried on within the
## CONSTRUCTION
(d) the operation of a vehicle on a highway in a residential district between the hours of 10:00 p.m. and 7:00 a.m. in a manner that unduly disturbs the residents of that area is an offence under this Bylaw in addition to and not in substitution for any offence of which a person may be guilty under the provisions of such Act or the regulations thereunder.
(c) the prohibition against creating or causing the emission of any loud and unnecessary noise from a motor vehicle; or
(b) the restrictions in the type or use of mufflers and similar equipment;
(a) the prohibition against the use of signaling devices on motor vehicles so as to make more noise than is reasonably necessary;
Act or any regulations thereunder regarding:
19. The failure of a person to comply with the provisions of the Traffic Safety in motion.
18. No person shall allow a motor vehicle engine to remain running in a residential district for longer than 60 minutes while the motor vehicle is not
17. No person shall use or engage in the use of engine retarder brakes within the Village.
## MOTOR VEHICLES
29.
Each occurrence of a contravention of this Bylaw, or in the case of continuous contraventions, each day a contravention occurs or continues, constitutes a separate offence and may be punished separately.
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accordance with the Provincial Offences Procedure Act, R.S.A. 2000, provided however that, this section shall not prevent any officer from issuing a violation ticket requiring the court appearance of the defendant or from laying an information instead of issuing a violation ticket.
Where an officer believes that a person has contravened any provision of this bylaw, he may commence proceedings by issuing a violation ticket in and not more than $2,500.00.
(b) for a second or subsequent offence, to a fine of not less than $500.00
(a) for a first offence to a fine of $250.00; or offence punishable on summary conviction and is liable:
27. Any person who contravenes any provision of this Bylaw, is guilty of an PENALTIES
26. If any section of this Bylaw is found to be illegal or beyond the power of the Village's Council to enact, such section shall be deemed to be severable from all other sections of this Bylaw.
## SEVERANCE
25. A Development Officer may issue a permit to a person for the purpose of allowing noise within a designated area and between designated times. Such permit may be revoked at any time by the Village Manager.
## PERMITS
or the Province of Alberta.
(t) Any activity within the sole jurisdiction of the Government of Canada
(e) A Peace Officer engaged in performing his duty; or
(d) The operation of emergency equipment or any emergency vehicle;
(c) Any act of emergency maintenance or repair being carried out by employees or contractors of any private utility;
contractors of the Village;
(b) Any act of maintenance or repair being carried out by employees or
(a) Any person performing work of an emergency nature for the preservation or protection of life, health, or property, but the onus
shall be on the person performing the work to show that the work was of an emergency nature;
## 24. This bylaw shall not apply to:
## EXCEPTIONS
23. No person shall remove snow from commercial or private property in or adjacent to a residential district between the hours of 12:00 a.m. and 6:00 a.m. on any day, without a permit granted by the Development Officer.
## SNOW REMOVAL
## CHIEF ADMINISTRATIVE OFFICER
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## MAYOR
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By-Law #666 was given third and final reading this 24th day of November, 2010 on a motion by Councillor Al Ebel. CARRIED.
By-Law #666 was introduced for third and final reading this 24th day of November, 2010 on a motion by Councillor Chad Whiteside. CARRIED UNANIMOUSLY
By-Law #666 was given second reading this 17th day of November, 2010 on a motion by Councillor Al Ebel. CARRIED.
By-Law #666 was given first reading this 14th day of October, 2010 on a motion by Councillor Marty Larson. CARRIED
31. This bylaw shall take effect on the date it is passed.
## REPEAL
(b) At the discretion of the issuing Peace Officer and/or Prosecutor, attending an educational anti-bullying session and having the charge withdrawn.
(a) Paying the specified penalty pursuant to Paragraph 27; or Any person who receives a fine for contravention of Section 10 under this bylaw may be given the following choices: