Community Standards Bylaw #19.25

Drumheller, Alberta

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TOWN OF DRUMHELLER BYLAW NUMBER 19.25 DEPARTMENT: EMERGENCY AND PROTECTIVE SERVICES COMMUNITY STANDARDS BYLAW A BYLAW OF THE TOWN OF DRUMHELLER, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING NEIGHBOURHOOD NUISANCES, SAFETY, AND UNSIGHTLY PROPERTIES WHEREAS the Municipal Government Act, RSA 2000 c.M-26 authorizes a municipality to 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 pass bylaws regarding the remedying of contraventions of bylaws; AND WHEREAS the Traffic Safety Act, RSA 2000 c.T-6 authorizes a municipality to regulate and control vehicle, pedestrian, and animal traffic, as well as parking on the streets and on other property within the municipality; AND WHEREAS the Town of Drumheller deems it desirable to establish regulations which maintain and improve neighbourhood livability; NOW, THEREFORE the Council of the Town of Drumheller in the Province of Alberta, enacts as follows: 1. CITATION 1.1 This Bylaw shall be cited as the Town of Drumheller "Community Standards Bylaw." 2. DEFINITIONS 2.1 For the purposes of this Bylaw, the following definitions shall apply: a) "Chief Administrative Officer" or "CAO" means the person appointed as Chief Administrative Officer for the Town of Drumheller, or their designate; b) "Community Standards Appeal Board" means the board established by the Community Standards Appeal Board Bylaw for hearing appeals of enforcement orders and certain other matters; c) "Community Standards Appeal Board Bylaw" means Community Standards Appeal Board Bylaw #31.24, as amended from time to time and its successor legislation; d) "Council " means the Mayor and Councillors of the Town of Drumheller; Town of Drumheller Bylaw 19.25 Page 2 of 14 e) "Derelict machinery" means machinery that is significantly aged, or in poor condition, or not in use on a regular basis for its intended purpose; f) "Derelict vehicle" means a vehicle that is incapable of being safely operated, or is partially or fully dismantled, or is substantially damaged; g) "Enforcement Order" means an order written pursuant to section 545 or 546 of the Municipal Government Act; h) "Fire Chief" means the individual appointed as the head of Fire Services, or their designate; i) "Good repair" means a condition where the building or structure does not exhibit significant damage, peeling surfaces, broken, missing, or fallen parts, rot or other significant deterioration, openings which are not secured, or other visual lack of general maintenance; j) "Graffiti" means words, figures, letters, drawings, symbols, or stickers applied, scribbled, scratched, etched, sprayed or attached on or to a surface of a premises without permission of the owner and the Town; k) "Highway" "means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes; i) a sidewalk, including a boulevard adjacent to the sidewalk; ii) if a ditch lies adjacent to and parallel with the roadway, the ditch; and iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be; but does not include a place declared by regulation not to be a highway; l) "Municipal Government Act" or "MGA" means the Municipal Government Act, R.S.A. 2000 M-26, as amended from time to time, and its successor legislation; m) "Night-time" means the period beginning at 10:00 PM and ending at 7:00 AM if the following day is a weekday or 9:00 AM if the following day is a weekend; n) "Notice to Remedy" means a written notice pursuant to this Bylaw that instructs a person to remedy a condition that is not in compliance with any provision of this Bylaw within a specified timeframe; o) "Nuisance" means anything that causes annoyance, disturbance, offence, or injury to a reasonable person; Town of Drumheller Bylaw 19.25 Page 3 of 14 p) "Occupier" means a person residing in, or in apparent control of a property, whether the occupation is pursuant to a lease, rental agreement, license, or permit; q) "Owner" means any person listed on title as the registered owner of any real or personal property at the Alberta Land Titles Office; r) "Peace Officer" has the same meaning given to it in the Provincial Offences Procedures Act; s) "Person" means a natural person or a corporation, and includes a partnership, an association or a group of people acting in concert unless the content explicitly necessarily implies otherwise; t) "Premises" means the external surface of all buildings or structures, or the whole or part of any parcel of real property, including the land immediately adjacent to any building, buildings, or structures, and all boulevards adjacent to the parcel of land; u) "Provincial Offences Procedures Act" means the Provincial Offences Procedure Act, R.S.A 2000 P-34, as amended from time to time and its successor legislation; v) "Public place" means every place in Town to which the public have access as of right or by invitation, express or implied; w) "Recreational Vehicle" means a vehicle used or intended for primarily recreational use, and without restricting the generality of the foregoing, includes any motor home, holiday trailer, trailer, camper, tent trailer, any van or bus converted for use as a recreational vehicle, boat trailer, ATV trailer or non-commercial utility trailer; x) "Roadway" means that part of a highway intended for use by vehicular traffic; y) "Sidewalk" means that part of a highway especially adapted to the use of or ordinarily used by pedestrians, and includes that part of a highway between: i) the curb line, or ii) where there is no curb line, the edge of the roadway, and the adjacent property line, whether or not it is paved or improved; z) "Town of Drumheller" or "Town" means the Town of Drumheller, a municipal corporation in the Province of Alberta, and includes the area contained within the corporate boundaries of the Town of Drumheller, as the context may require; aa) "Traffic Safety Act" means the Traffic Safety Act, R.S.A 2000, T-6, as amended from time to time and its successor legislation. bb) "Unsightly condition" means in respect of a structure, includes a structure whose exterior shows signs of physical deterioration, and, in respect of land, includes land that shows serious disregard for general maintenance or upkeep; Town of Drumheller Bylaw 19.25 Page 4 of 14 cc) "Violation Tag" means a form of ticket prescribed by the Town for a Bylaw offence that provides a person with an opportunity to pay an amount to the Town in lieu of prosecution; dd) "Violation Ticket" has the same meaning given to it in the Provincial Offences Procedures Act. 3. SCOPE 3.1 This Bylaw applies to all persons and premises within the corporate boundaries of the Town of Drumheller. 4. UNSIGHTLY PREMISES AND PROPERTY MAINTENANCE 4.1 No owner or occupier of a premises shall allow their premises to be in unsightly condition. 4.2 No owner or occupier of a premises shall allow the following on the premises: a) animal remains, the accumulation of animal feces, or any material likely to attract pests or create unpleasant odors; b) the accumulation of yard waste including grass, tree branches, or hedge clippings; c) piles of dirt, gravel, or other similar materials, unless the owner or occupier can establish that a bone fide and permitted construction or renovation project is being caried out on that premises and the materials relate to the project taking place and are screened from view on highways, excluding alleyways; d) the accumulation of garbage, loose refuse, or litter; e) the accumulation of boxes, packaging materials, household goods or furniture, or appliances not commonly kept outdoors; f) freezers or refrigerators, unless secured with a padlock or similar device and properly screened from public view; g) derelict vehicles, the accumulation of auto parts or tires, or derelict machinery; h) the open or exposed storage of any quantities of industrial fluid including engine oils, brake fluid, or antifreeze; i) construction materials, whether new or used, unless the owner or occupier can establish that a bone fide and permitted construction or renovation project is being caried out on that premises and the materials relate to the project taking place and are stacked neatly and screened from view on highways, excluding alleyways; or j) an accumulation of any material that, in the opinion of the Fire Chief, may create a fire hazard that constitutes a threat to public safety. Town of Drumheller Bylaw 19.25 Page 5 of 14 4.3 An owner or occupier must ensure that all grass or grasses on the premises are reasonably maintained to ensure they are not in unsightly condition or unreasonably long in comparison to the typical height of grass or grasses on adjacent or neighbouring properties. This section does not apply to: a) golf courses; b) parks or natural area under the direction and control of the Town; or c) areas under the direction and control of Town including boulevards adjacent to major highways. 4.4 No owner or occupier of premises shall allow tree branches, shrubs, or any other type of vegetation to obstruct the paved or improved portion of the sidewalk, interfere with any public work or utility, or impair visibility required for safe traffic flow at any intersection adjacent to their premises. 4.5 No owner or occupier of premises shall permit any violation of the Weed Control Act on the premises. 5.0 SIDEWALK MAINTENANCE AND SNOW CONTROL 5.1 Every owner or occupier of property in the Town shall keep clear every sidewalk adjacent to their property and remove all snow, ice, dirt, or other obstructions within 24 hours of the time that such snow, ice, dirt, or other obstruction was deposited thereon. This section does not apply to: a) the sidewalks of the Alberta Transportation Corridor comprised of Highway 9, Highway 9/56, and 2nd Street West, as these sidewalks will be kept clear of snow, ice, dirt, and other debris by the Town. 5.2 If an owner or occupier fails to clear the snow, ice, dirt, or other debris within 24 hours of the time it was deposited on any sidewalk adjacent to their property, the Town may remove all snow, ice, dirt, and other debris at the expense of the owner or occupier; in the event of non-payment of said expenses, such expenses shall be added to the tax roll of the adjacent parcel and shall be recovered in the same manner as other taxes, pursuant to the Municipal Government Act. 5.3 For the purposes of section 5.1 and 5.2, snow, dirt and other obstructions will be considered reasonably removed and cleared when the sidewalk is cleaned for the entire width and length of the sidewalk of the paved or improved portion of the sidewalk surface as completely and as reasonably possible. 5.4 Any owner or occupier within three (3) metres of a roadway within the Town is required to remove or cause to be removed any accumulated snow or ice from the roof, eaves, or downspouts of their buildings if it poses a potential hazard to vehicles or pedestrians. During the removal process, owners or occupiers shall exercise due care and attention to ensure the safety of passing vehicles and pedestrians. 6. FRONT YARD PARKING Town of Drumheller Bylaw 19.25 Page 6 of 14 6.1 No owner or occupier of a premises shall park or allow to be parked any motor vehicle or recreational vehicle in the front yard of the premises in any location that is not a driveway or hard-surfaced parking stall. 7. BUILDING, STRUCTURE, AND FENCE MAINTENANCE 7.1 No owner or occupier of premises shall allow a building, structure, or fence to become a safety hazard, in the opinion of the Peace Officer. 7.2 Every owner or occupier of premises shall ensure the following are maintained in good repair: a) Fences and their structural members; b) Buildings, structures, and their structural members including: i) foundations and foundation walls; ii) exterior walls and their components; iii) roofs; iv) windows and their casings; and v) doors and their frames; c) Protective or decorative finishes of all exterior surfaces of a building or fence; d) Exterior stairs, landings, porches, balconies and decks, and; e) Signs or decorative fixtures. 8. ADDRESSING 8.1 The owner or occupier of a premises on which a building has been erected shall display the number, as described in the civic address, assigned to the premises at a location plainly visible from the street in front of the premises. 8.2 The owner or occupier of a premises on which a building has been erected that has access to a lane or back alley shall display the number, as described in the civic address, assigned to the premises at a location plainly visible from the lane or back alley. 9. NUISANCES ESCAPING PREMISES 9.1 No owner or occupier of premises shall allow an activity to continue on the premises if it is likely to annoy and disturb a reasonable person and constitute a nuisance in the opinion of a Peace Officer. Town of Drumheller Bylaw 19.25 Page 7 of 14 9.2 No owner or occupier of premises shall allow water from a hose, eavestrough, downspout, or similar device on the premises to be directed towards an adjacent premises if it is likely the water from the device will enter the adjacent premises. 9.3 No owner or occupier of premises shall allow water from a hose, eavestrough, downspout, or similar device on the premises to be directed over a public sidewalk. 9.4 All rainwater or runoff collected in eavestroughs or other similar device on a premises shall be directed onto that premises. 9.5 No owner or occupier of premises shall allow an outdoor light to shine directly into an adjacent premises. 9.6 No owner or occupier of premises shall engage in any activity that allows smoke, dust, or other airborne matter that may disturb a reasonable person without taking reasonable precautions to minimize its impact on the surrounding area. 9.7 No owner or occupier of premises shall allow items such as flyers, papers, or other loose debris to escape the premises onto an adjacent premises or highway. 10. LITTERING 10.1 No person shall place, deposit, or throw, or cause to be placed, deposited, or thrown on any public place, highway, or private premises any of the following: a) Snow, ice, dirt, sand, gravel, leaves or any similar items; b) Any human, animal, or vegetable matter or waste; c) Any wrappers, papers, garbage, or any similar items; d) Any glass, nails, tacks, or other similar sharp objects; e) Any vehicle parts, scrap wood or metal, household items or furniture, boxes or packaging, or any other similar items; or f) Any oils or industrial fluids. 10.2 A person who a Peace Officer believes, on reasonable grounds, has contravened section 10.1 shall, upon receiving instruction from the Peace Officer, remove the item immediately without delay. 10.3 The Chief Administrative Officer, or designate, may authorize any Town employee to remove and put in storage, or destroy, any item placed on Town property in contravention of this Bylaw. 11. WASTE COLLECTION Town of Drumheller Bylaw 19.25 Page 8 of 14 11.1 No owner or occupier of a premises shall permit commercial or residential waste to be stored in such a manner that allows any material to be blown, spilled or otherwise dispersed from waste collection receptacles. 11.2 No owner or occupier shall fill a waste collection receptacle beyond the point at which the lid can be fully closed. 11.3 All cart-style waste collection receptacles provided by the Town shall be returned to their assigned premises from the waste collection point by the end of the scheduled collection day and screened from public view. 11.4 All dumpsters on premises shall be screened from view from all highways, excluding alleyways. 12. GRAFFITI 12.1 No person or owner shall place graffiti or cause it to be placed on any premises within the Town. 12.2 An owner or occupier shall ensure that graffiti placed on their premises is removed, painted over, or otherwise blocked from the public view. 13. PROHIBITED NOISE 13.1 A person shall not cause or permit any noise that is likely to disturb the peace of a reasonable person. 13.2 No owner or occupier shall permit their premises to be used so that noise from the premises is likely to annoy or disturb a reasonable person. 13.3 Factors considered when determining when noise is likely to disturb the peace of or annoy a reasonable person are: a) the type, volume, and duration of sound; b) the time of day and day of the week; c) the use of surrounding area; d) any past history between the involved parties; and e) any other factor deemed reasonable in the sole opinion of a Peace Officer. 13.4 No person shall operate a power lawn mower, a motorized garden tool, a power tool outside of an enclosed building, a snow or leaf blowing device, or any other similar equipment creating a noise or disturbance which may be heard in an adjacent building during the night-time. 13.5 No person shall operate a noise amplifying device from any premises, park, or other public place which may be heard in an adjacent building during the night-time. Town of Drumheller Bylaw 19.25 Page 9 of 14 13.6 No drinking establishment or other commercial entity shall permit any noise to emanate from their premises that disturbs the peace of or annoys a reasonable person in an adjacent building. 13.7 No person operating or carrying on an industrial activity shall make more noise than is necessary in the normal method of performing or carrying on that activity. 14. AUTHORIZED PROHIBITED NOISE EXEMPTIONS 14.1 A person may make a written application to the Chief Administrative Officer, or designate, for a temporary permit allowing noise or sound levels that would otherwise violate this Bylaw. a) Any application made under this section must be made at least five (5) business days prior to the proposed activity and must contain sufficient information pertaining to the activity for which the exemption is being sought; b) Upon receiving an application under this section, the Chief Administrative Officer, or designate, may, in their sole discretion: i) issue a temporary permit granting an exemption; ii) issue a temporary permit granting an exemption, with certain conditions; or iii) refuse to issue a temporary permit. c) Where the Chief Administrative Officer considers it appropriate, a temporary permit under this section may be revoked at any time. 14.2 The following activities are exempt from the provisions of section 14: a) emergency construction work carried out by the Town or contractors authorized by the Town; b) snow removal activities carried out in areas not adjacent to residential districts; and c) snow removal activities conducted by the Town or contractors authorized by the Town if it is in the best interest of the public and their safety and it will be at a time where there will be minimal vehicular or pedestrian traffic that may obstruct operations. 15. INSPECTIONS 15.1 A Peace Officer may, upon giving reasonable notice to the owner or occupier, enter onto a premises if they have reasonable grounds to believe that there may be a contravention of this Bylaw that requires inspection, remedy, enforcement or action, in accordance with section 542 of the Municipal Government Act. Town of Drumheller Bylaw 19.25 Page 10 of 14 15.2 During the course of an inspection under section 15.1, a Peace Officer may request anything to be produced to assist in the inspection, remedy, enforcement or action, and may make copies of anything related to the inspection, remedy, enforcement or action. 15.3 If a person refuses to allow or interferes with the entry, inspection, enforcement or action or refuses to produce anything to assist in the inspection, remedy, enforcement or action, the Town may apply to the Court of King's Bench for an order under section 543 of the Municipal Government Act. 16. NOTICE TO REMEDY 16.1 If a Peace Officer considers any premises to be in contravention of any section of this Bylaw, the Peace Officer may provide instruction to the owner or occupier of premises to remedy the conditions in a written Notice to Remedy. 16.2 The Notice to Remedy shall include: a) the address and/or physical location where the remedial action is required; b) the condition or conditions that are in violation of this Bylaw; c) the remedial action that is required d) the deadline for the completion of the remedial action, which shall be no less than seven (7) days and no more than one (1) year from the date of service. 16.3 Any owner or occupier who receives a Notice to Remedy and fails to fully comply with the requirements of the Notice to Remedy in the timeframe allotted commits an offence under this Bylaw. 17. ENFORCEMENT ORDERS 17.1 If the Chief Administrative Officer, or designate, finds a premises to be in violation of this Bylaw they may issue an Enforcement Order in accordance with section 545 or 546 of the Municipal Government Act that provides instruction to remedy the conditions found to be in violation of this Bylaw. 17.2 Any owner or occupier who receives an Enforcement Order and fails to fully comply with the requirements of the Enforcement Order commits an offence under this Bylaw. 17.3 If an owner or occupier receives an Enforcement Order and fails to fully comply with its requirements, the Town may take action to remedy the contraventions on the Enforcement Order at the owner or occupier's expense; this expense shall be added to the tax roll of the owner and the Town shall recover the expense in the same manner as other taxes, pursuant to the Municipal Government Act. 17.4 Any person who receives an Enforcement Order may, by written notice within fifteen (15) calendar days after the date the order is received, request that the Enforcement Order be reviewed by the Community Standards Appeal Board. Town of Drumheller Bylaw 19.25 Page 11 of 14 17.5 The application for appeal, and the review of the Enforcement Order shall be done in accordance with the Community Standards Appeal Board Bylaw. 17.6 When an Enforcement Order has been issued to an owner or occupier and similar non- compliant conditions are of a reoccurring nature, the Town may apply to the Court of King's Bench for an injunction, in accordance with section 554 of the Municipal Government Act, that may allow the Town to remedy future contraventions without providing notice to the owner or occupier. 18. SERVICE OF NOTICES AND ORDERS 18.1 A Notice to Remedy or an Enforcement Order pursuant to this Bylaw may be served: a) personally, upon the owner or occupier; b) to a competent person, who appears to be over the age of 18, residing with the owner or occupier; c) by mailing a copy, via registered mail, to the owner or occupier at their last known postal address; or d) by positing it in a conspicuous place on the premises it has been issued to. 19. FINES AND PENALTIES 19.1 A person who contravenes or fails to comply with a provision of any section of this Bylaw is guilty of an offence and shall be liable, upon summary conviction to a penalty not less than $100.00 and not exceeding $5000.00, or to imprisonment for not more than six months for non-payment of a fine. Specified penalties to be issued by Peace Officers are found in Schedule A. 19.2 Offences of a continuing nature shall be deemed to constitute a separate offence for each day or part of a day that the offence continues. 19.3 Any person who is found in contravention of the same section of this Bylaw on more than one occasion shall be liable to an increased penalty for the contravention if the section violated is in Schedule A. 19.3 A Peace Officer that has reasonable and probable grounds to believe that any person has contravened any provision of this Bylaw, may issue and serve: a) a violation tag allowing voluntary payment of the specified penalty to the Town, for which payment will be accepted by the Town in lieu of prosecution for the offence; or b) a violation ticket, allowing voluntary payment of the specified penalty to the court, or requiring a person to appear in court without the alternative of making a voluntary payment. Town of Drumheller Bylaw 19.25 Page 12 of 14 19.4 The recording of the payment of the specified penalty made to the Town pursuant to a municipal tag or the court pursuant to a violation ticket shall constitute acceptance of a guilty plea and conviction for the offence. 19.5 A violation tag pursuant to this Bylaw may be served: a) personally, upon the person to whom it is addressed; b) to a competent person, who appears to be over the age of 18, residing with the person to whom it is addressed; or c) by mailing a copy, via registered mail, to the person to whom it is addressed at their last known postal address. 19.6 Where a violation tag has been issued and the specified penalty has not been paid within the prescribed time, a Peace Officer is authorized to issue a violation ticket pursuant to the Provincial Offences Procedure Act. 19.7 Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing and serving a violation ticket to a person for a contravention of this Bylaw, even if a violation tag has not been issued. 20. SCHEDULES 20.1 Schedule A is attached to and forms part of this Bylaw. 21. SEVERABILITY 21.1 If any portion of this Bylaw is found to be invalid, that portion shall be severed from the remainder of the Bylaw and shall not invalidate the whole Bylaw. 22. TRANSITIONAL 22.1 This Bylaw comes into full force and effect upon third and final reading. 22.2 Upon third reading of Bylaw #19.25, Bylaw #04.19 - Tourism Corridor Property Standards and Bylaw #06.19 - Community Standards Bylaw and all amendments thereto are hereby repealed. READ A FIRST TIME THIS 5th DAY OF MAY, 2025 READ A SECOND TIME THIS 7th DAY OF JULY, 2025 READ A THIRD AND FINAL TIME THIS 7th DAY OF JULY, 2025 The original document, duly signed and executed, is retained on file. Town of Drumheller Bylaw 19.25 Page 13 of 14 SCHEDULE 'A' - SPECIFIED PENALTIES FOR PEACE OFFICERS Bylaw Section Number Description of Offence First Offence Second and Subsequent Offence(s) General Penalties All violations of this Bylaw not specified within this schedule $150.00 $250.00 4.1 Premises in unsightly condition $250.00 $250.00 4.2 Prohibited accumulation on premises $250.00 $250.00 4.3 Fail to maintain grass or grasses $250.00 $250.00 5.1 - 5.4 Fail to maintain sidewalk adjacent to property $300.00 $500.00 6.1 Parking vehicle in front yard $100.00 $150.00 7.1 Building or fence constitute a safety hazard $300.00 $500.00 7.2 Failure to maintain building or fence $250.00 $250.00 9.2 - 9.4 Failure to properly control water runoff $250.00 $500.00 10.1 Littering $300.00 $500.00 10.2 Fail to remove litter when directed $250.00 $500.00 Town of Drumheller Bylaw 19.25 Page 14 of 14 Bylaw Section Number Description of Offence First Offence Second and Subsequent Offence(s) 11.1 Permit waste to escape receptacle $250.00 $500.00 12.1 Place graffiti $500.00 $1000.00 13.1 - 13.7 Allow Prohibited Noise $250.00 $500.00 16.2 Fail to comply with Notice to Remedy $100.00 $250.00 17.3 Fail to comply with Enforcement Order $500.00 $1000.00