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CITY OF EDMONTON
BYLAW 14600
COMMUNITY STANDARDS BYLAW
(CONSOLIDATED ON MARCH 17, 2026)
Bylaw 14600
1
Table of Contents
PART I - PURPOSE, DEFINITIONS AND INTERPRETATION..........................................................3
PURPOSE................................................................................................................................................................3
DEFINITIONS.........................................................................................................................................................4
RULES FOR INTERPRETATION..........................................................................................................................5
PART II - PROPERTY MAINTENANCE................................................................................................ 5
DEFINITIONS.........................................................................................................................................................5
HIGHWAY OCCUPANCY......................................................................................................................................6
LAND...................................................................................................................................................................... 6
SIDEWALKS...........................................................................................................................................................9
ICICLES.................................................................................................................................................................. 9
BOULEVARDS....................................................................................................................................................... 9
BUILDINGS AND STRUCTURES........................................................................................................................9
GRAFFITI................................................................................................................................................................9
UNOCCUPIED BUILDINGS............................................................................................................................... 10
WASTE BINS........................................................................................................................................................ 10
REFRIGERATORS AND FREEZERS..................................................................................................................11
WASTE DISPOSAL.............................................................................................................................................. 11
WASTE COLLECTION........................................................................................................................................ 11
WASTE CONTAINER STORAGE....................................................................................................................... 11
PART III - NOISE CONTROL.................................................................................................................11
DEFINITIONS.......................................................................................................................................................11
PROHIBITED NOISE...........................................................................................................................................12
CRITERIA............................................................................................................................................................. 12
CONSTRUCTION ACTIVITY.............................................................................................................................13
RESTRICTED HOURS OF CONSTRUCTION NOTICE................................................................................... 13
GARBAGE COLLECTION.................................................................................................................................. 14
ENGINE RETARDER BRAKES.......................................................................................................................... 14
DAYTIME DECIBEL LIMIT - RESIDENTIAL.................................................................................................. 14
OVERNIGHT DECIBEL LEVEL - RESIDENTIAL........................................................................................... 15
DAYTIME DECIBEL LIMIT - NON-RESIDENTIAL........................................................................................ 15
OVERNIGHT DECIBEL LEVEL - NON-RESIDENTIAL................................................................................. 15
MOTOR VEHICLES.............................................................................................................................................15
EXCEPTIONS....................................................................................................................................................... 15
PART IV - OUTDOOR FIRES................................................................................................................. 16
DEFINITIONS.......................................................................................................................................................16
PROHIBITED FIRES............................................................................................................................................16
EXCEPTIONS....................................................................................................................................................... 16
FIRE PIT REQUIREMENTS................................................................................................................................17
FIRE PLACE STANDARDS.................................................................................................................................17
FIRE BAN............................................................................................................................................................. 18
NUISANCE FIRE..................................................................................................................................................18
NUISANCE FIRE ORDER................................................................................................................................... 18
OWNER LIABILITY............................................................................................................................................ 19
Bylaw 14600
2
PART V - WEED AND PEST CONTROL..............................................................................................19
DEFINITIONS.......................................................................................................................................................19
HIGHWAY OCCUPANCY....................................................................................................................................19
NOXIOUS WEEDS...............................................................................................................................................20
ELM TREE REMOVAL........................................................................................................................................20
ELM TREE PRUNING......................................................................................................................................... 20
BOULEVARD ELM TREES.................................................................................................................................20
ELM TREE TRANSPORTATION STORAGE USE AND SALE........................................................................20
ELM TREE DISPOSAL........................................................................................................................................21
PART V.1 - EXCESSIVE IDLING........................................................................................................... 21
DEFINITIONS.......................................................................................................................................................21
NO IDLING...........................................................................................................................................................21
EXCEPTIONS....................................................................................................................................................... 22
PROOF OF EXCEPTION..................................................................................................................................... 23
PROSECUTIONS..................................................................................................................................................23
PART V.2 - ODOURS AND EMISSIONS................................................................................................23
EXCESSIVE ODOURS AND EMISSIONS.........................................................................................................23
PROSECUTIONS..................................................................................................................................................24
PART VI - ENFORCEMENT...................................................................................................................24
OFFENCE..............................................................................................................................................................24
CONTINUING OFFENCE....................................................................................................................................24
VICARIOUS LIABILITY.....................................................................................................................................24
CORPORATIONS AND PARTNERSHIPS.......................................................................................................... 25
FINES AND PENALTIES.....................................................................................................................................25
MUNICIPAL TAG.................................................................................................................................................26
PAYMENT IN LIEU OF PROSECUTION...........................................................................................................26
VIOLATION TICKET...........................................................................................................................................26
VOLUNTARY PAYMENT....................................................................................................................................26
ORDER TO............................................................................................................................................................27
COMPLY.................................................................................................................................. 27
OBSTRUCTION....................................................................................................................................................28
PART VII - GENERAL............................................................................................................................. 28
POWERS OF THE CITY MANAGER.................................................................................................................28
PERMITS...............................................................................................................................................................29
PROOF OF PERMIT.............................................................................................................................................29
OWNER LIABLE..................................................................................................................................................29
CERTIFIED COPY OF RECORD........................................................................................................................ 30
CERTIFICATES.................................................................................................................................................... 30
NUMBER AND GENDER REFERENCES......................................................................................................... 30
PART VIII - TRANSITIONAL.................................................................................................................30
REPEALS.............................................................................................................................................................. 30
EFFECTIVE DATE............................................................................................................................................... 30
ANNEXATION IMPLEMENTATION..................................................................................................................30
Bylaw 14600
3
Whereas, pursuant to section 7 of the Municipal Government Act, a Council may pass bylaws
for municipal purposes respecting the following matters:
(a)
the safety, health and welfare of people and the protection of people and property;
(b)
nuisances, including unsightly property;
(c)
the enforcement of bylaws made under the Municipal Government Act or any
other enactment including any or all of the following:
(i)
the creation of offences;
(ii)
for each offence, imposing a fine not exceeding $10,000 or imprisonment
for not more than one year, or both;
(iii)
providing for imprisonment for not more than one year for non-payment
of a fine or penalty;
(iv)
providing that a person who contravenes a bylaw may pay an amount
established by bylaw and if the amount is paid, the person will not be
prosecuted for the contravention;
(v)
providing for inspections to determine if bylaws are being complied with;
and
(vi)
remedying contraventions of bylaws; and
And Whereas pursuant to section 66(2) of the Safety Codes Act a Council may make bylaws
respecting the following matters:
(a)
Minimum maintenance standards for buildings and structures; and
(b)
Unsightly or derelict buildings or structures; and
And Whereas pursuant to the Agricultural Pests Act and the Weed Control Act, a Council may
pass certain bylaws and appoint Inspectors;
Edmonton City Council enacts:
PART I - PURPOSE, DEFINITIONS AND INTERPRETATION
PURPOSE
1
The purpose of this bylaw is to regulate the conduct and
activities of people on privately owned property and
immediately adjacent areas in order to promote the safe,
Bylaw 14600
4
enjoyable and reasonable use of such property for the benefit of
all citizens of the City.
DEFINITIONS
2
In this bylaw, unless the context otherwise requires:
(a)
"boulevard" means that part of a highway that:
(i)
is not a roadway; and
(ii)
is that part of the sidewalk that is not especially
adapted to the use of or ordinarily used by
pedestrians;
(b) "City" means the City of Edmonton;
(c)
"City Manager" means the chief administrative officer
of the City or his delegate;
(d)
"highway" the same meaning as in the Traffic Safety Act;
(e)
"motor vehicle" has the same meaning as in the Traffic
Safety Act;
(f)
"municipal tag" means a ticket alleging an offence
issued pursuant to the authority of a bylaw of the City;
(g)
"occupy" or "occupies" means residing on or to be in
apparent possession or control of property;
(h)
"own" or "owns" means:
(i)
in the case of land, to be registered under the
Land Titles Act as the owner of the fee simple
estate in a parcel of land; or
(ii) in the case of personal property, to be in lawful
possession or have the right to exercise control
over it or to be the registered owner of it;
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(i)
"person" means any individual, firm, partnership,
association, corporation, trustee, executor, administrator
or other legal representative;
(j)
"property" means a parcel of land including any
buildings;
(k)
"sidewalk" means that part of the highway especially
adapted to the use of or ordinarily used by pedestrians
and includes that part of a highway between the curb line
or, where there is no curb line, the edge of the roadway,
and the adjacent property line whether or not it is paved
or unpaved; and
(k.1) "vehicle'' has the same meaning as in the Traffic Safety
Act;
(l)
"violation ticket" has the same meaning as in the
Provincial Offences Procedure Act;
(m)
"waste'' means any material that is set out for collection
and includes, but is not limited to, waste generated from
residential properties.
(n)
"Wildlife" means non-domesticated animals, or an
animal that is wild by nature and living in its natural
habitat, but does not include feral cats and birds.
(S.2, Bylaw 19553, February 22, 2021)
RULES FOR
INTERPRETATION
3
The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
PART II - PROPERTY MAINTENANCE
DEFINITIONS
4
In this Part,
Bylaw 14600
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(a)
"building" includes a any part of a building placed in,
on, or over land whether or not it is so affixed to become
transferred without special mention by a transfer or sale
of the land.
(a.1) "graffiti" means words, letters, symbols, marks, figures,
drawings, inscriptions, writings, or stickers that are
applied, etched, sprayed, painted, drawn, stained,
scribbled, or scratched on a surface without the consent
of the owner, and for greater certainty does not include
anything authorized by law.
(S.2, Bylaw 19690, May 3, 2021)
(b)
"structure'' includes any item or improvement placed in,
on, or over land whether or not it is afffixed to the land,
some examples of which include:
(i)
fence, wall, or barricade;
(ii)
concrete pad, slab, or base;
(iii)
pole, erection, sign, or post;
(iv)
mailbox, courier, or customer drop box;
(v)
waste bin or storage container; or
(vi)
satellite dish, utility box, or appliance.
(c)
"collection date'' means the date prescribed by the City
Manager.
4.1
For the purposes of this Part, a person who owns or occupies
land is deemed to have set out waste, waste containers, bags, or
bins for collection.
(S.5(a), Bylaw 21424, March 17, 2026)
HIGHWAY
OCCUPANCY
5
For the purposes of this Part, a person who owns or occupies
land shall be considered to occupy that portion of any highway
between the property line and the centre line of the highway.
LAND
6 (1)
A person shall not cause or permit a nuisance to exist on land
Bylaw 14600
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they own or occupy.
(2)
For the purpose of greater certainty a nuisance, in respect of
land, means land, or any portion thereof, that shows signs of a
serious disregard for general maintenance and upkeep, whether
or not it is detrimental to the surrounding area, some examples of
which include:
(a)
excessive accumulation of material including but not
limited to building materials, appliances, household
goods, boxes, tires, vehicle parts, garbage or refuse,
whether of any apparent value or not;
(a.1)
any loose litter, garbage or refuse whether located in a
storage area, collection area or elsewhere on the land;
(a.2)
any loose building or construction materials, any
accumulation of construction-related garbage or refuse,
or any untidy work or storage areas on the land;
(S.2, Bylaw 17678, June 28, 2016)
(b)
damaged, dismantled or derelict vehicles or motor
vehicles, whether insured or registered or not;
(b.1)
any vehicle displaying graffiti that is visible from any
surrounding property;
(S.5(b), Bylaw 21424, March 17, 2026)
(c)
smelly or messy compost heaps;
(d)
unkempt grass or weeds higher than 10 centimetres;
(e)
production of excessive dust, dirt or smoke;
(f)
production of any generally offensive odours;
(g)
any tree, shrub, other type of vegetation or any structure:
(i)
that interferes or could interfere with any public
work or utility;
(ii)
that obstructs any sidewalk adjacent to the land;
or
(iii)
that impairs the visibility required for safe traffic
Bylaw 14600
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flow at any intersection adjacent to the land; and
(g.1) any accessible excavation, ditch, drain or standing water
that could pose a danger to the public; and
(h)
any construction project or activity not completed within
five years of the date the building permit for the project
or activity was issued by the City or, within five years of
starting construction.
(3)
Repealed
6.1
A person shall not feed, attempt to feed, permit the feeding of, or
deposit food for consumption by coyotes on land they own or
occupy.
6.2
(1) A person shall not feed, attempt to feed, or deposit food on
land they own or occupy for consumption by Wildlife, feral cats,
or birds in a way that leads to a public safety risk, health risk or
nuisance condition.
(2) A person shall not use, place, or allow other wildlife
attractants on land they own or occupy in a way that leads to a
public safety risk, health risk or nuisance condition.
(3) For the purpose of greater certainty a nuisance, in respect of
Wildlife, feral cats or birds means:
(a)
excessive accumulation of accessible edible materials on
the property, including but not limited to raw or cooked
meat, harvested fruits, harvested vegetables, bird seed or
suet;
(b)
accumulation of rotten, spoiled or moldy food left openly
accessible, or improperly contained;
(c)
habituation, food conditioning, or increased presence of
Wildlife to the area generally, or to the specific property
due to the availblility of food on the property;
(d)
property damage to neighbouring properties, or parkland,
by Wildlife due to availability of food on the property;
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(S.3. Bylaw 19553, February 22, 2021)
SIDEWALKS
7
A person shall maintain any sidewalk adjacent to land they own
or occupy clear of all snow and ice.
ICICLES
7.1
A person shall maintain any roof or awning that extends over a
highway from a building they own or occupy free of snow and
ice.
BOULEVARDS
8
A person shall maintain any boulevard adjacent to land they own
or occupy by:
(a)
keeping any grass on the boulevard cut to a reasonable
length; and
(b)
removing any accumulation of fallen leaves or other
debris.
BUILDINGS AND
STRUCTURES
9 (1)
A person shall not cause or permit a nuisance to exist in respect
of any building or structure on land they own or occupy.
(2)
For the purpose of greater certainty a nuisance, in respect of a
building or structure, means a building or structure, or any
portion thereof, showing signs of a serious disregard for general
maintenance and upkeep, whether or not it is detrimental to the
surrounding area, some examples of which include:
(a)
any damage to the building or structure;
(a.1)
any graffiti displayed on the building or structure that is
visible from any surrounding property;
(b)
any rot or other deterioration within the building; and
(c)
any inappropriate infiltration of air, moisture or water
into the building due to peeling, unpainted or untreated
surfaces, missing shingles or other roofing materials,
broken or missing windows or doors, or any other hole or
opening in the building.
GRAFFITI
9.1
No person shall place graffiti or cause graffiti to be placed on a
building, structure, or vehicle if the graffiti is visible from any
Bylaw 14600
10
surrounding property.
(S.3, Bylaw 19690, May 3, 2021)
UNOCCUPIED
BUILDINGS
10 (1)
If a building normally intended for human habitation is
unoccupied then any door or window opening in the building
may be covered with a solid piece of wood but only if the wood
is:
(a)
installed from the exterior and fitted within the frame of
the opening in a watertight manner;
(b)
of a thickness sufficient to prevent unauthorized entry
into the building;
(c)
secured in a manner sufficient to prevent unauthorized
entry into the building; and
(d)
coated with an opaque protective finish in a manner that
is not detrimental to the surrounding area.
(2)
If a building normally intended for human habitation is
unoccupied then every walk and driveway on the property shall
be maintained clear of all snow and ice by the person who owns
the property.
WASTE BINS
11 (1) A person shall not place, cause or permit to be placed any waste
bin on land they own or occupy unless the waste bin is:
(a)
equipped with a lid or cover capable of completely
covering the waste bin; and
(b)
kept closed or covered at all times except for actual
loading or unloading of waste.
(2)
A person shall not place, cause or permit to be placed any roll
off waste bin on land they own or occupy unless the roll off
waste bin is:
(a)
kept closed or covered at all times except for actual
loading or unloading of waste; and
(b)
contains only material that will not emit odour and will
not be blown out of the bin.
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11
REFRIGERATORS
AND FREEZERS
12 (1)
A person shall not place, cause or permit to be placed a
refrigerator, freezer or other similar appliance on land they own
or occupy unless effective measures have been taken to prevent
the opening and closing of the appliance.
(2)
Without limiting the generality of subsection (1) measures
considered to be effective may include:
(a)
the complete removal of the door for the appliance;
(b)
the removal of the door handle mechanism if this
prevents opening and closing of the door;
(c)
the removal of the door hinges;
(d)
locking the appliance; or
(e)
otherwise wrapping or containing the appliance so that
the interior is inaccessible.
WASTE DISPOSAL
12.1
A person shall not place, cause or permit to be placed any litter,
garbage, waste, refuse or any other waste material upon the
privately owned property of another person.
WASTE
COLLECTION
12.2
A person shall not set out waste for collection at any front yard
or curbside collection location before 4:00 p.m. on the day
before the collection date.
WASTE CONTAINER
STORAGE
12.3
A person shall not leave waste containers at any front yard or
curbside collection location later than noon of the date after the
collection date.
12.4
DELETED
(S.8, Bylaw 20909, October 22, 2024)
PUBLIC WASTE
CONTAINER
12.5
A person shall not place waste intended for residential collection
or waste generated from a non-residential property in a public
waste container.
PART III - NOISE CONTROL
DEFINITIONS
13
In this Part:
(a)
"dB(A)" means the sound pressure measured in decibels
Bylaw 14600
12
using the "A" weighted scale of a sound level meter;
(b)
"decibel" means a unit for expressing the relative
intensity of sounds on a scale from zero for the average
least perceptible sound to approximately 130 for the
average pain level;
(c)
"holiday" means January 1st, Alberta Family Day, Good
Friday, Victoria Day, July 1st, the first Monday in August,
Labour Day, Thanksgiving Day, November 11th, and
December 25th of every year;
(c.1)
DELETED
(S. 6 (a) Bylaw 20364 February 24, 2023)
(d)
"noise" means any sound that is reasonably likely to
disturb the peace of others;
(e)
"sound level meter" means a Quest Technologies/3M
2100 Sound Level Meter, or any other device used to
measure sound pressure which meets the National
Standards Institute S 1.4-1983 (R2006), or the
International Electro-Technical Council Standard No. 123
or the British Standard No. 3539 Part 1, or the U.S.A.
Standard S.14- 1961.
PROHIBITED NOISE
14 (1)
A person shall not cause or permit any noise that disturbs the
peace of another individual.
(2)
A person shall not cause or permit property they own or occupy
to be used so that noise from the property disturbs the peace of
any other individual.
(3)
A person may be found guilty of a contravention of this section
whether or not the decibel level:
(a)
is measured; or
(b)
if measured, exceeds any limit prescribed by this bylaw.
CRITERIA
15
In determining if a sound is reasonably likely to disturb the
peace of others the following criteria may be considered:
(a)
type, volume, and duration of the sound;
(b)
time of day and day of week;
Bylaw 14600
13
(c)
nature and use of the surrounding area;
(d)
decibel level, if measured; and
(e)
any other relevant factor.
CONSTRUCTION
ACTIVITY
16
A person shall not cause or permit any construction activity on
property they own or occupy
(a)
before 7 a.m. or after 9 p.m. on any day other than
Sunday or a holiday;
(b)
before 9 a.m. or after 7 p.m. on any Sunday or holiday; or
(c)
at any time contrary to a written notice issued by the City
Manager pursuant to section 16.1.
(S.3, Bylaw 17678, June 28, 2016)
RESTRICTED
HOURS OF
CONSTRUCTION
NOTICE
16.1 (1)
Subject to subsection (2), the City Manager may, by written
notice, direct that a person may not cause or permit any
construction activity on property they own or occupy during the
time specified in the written notice.
(2)
Prior to issuing a written notice pursuant to subsection (1), the
City Manager must consider:
(a)
the proximity of the construction activity to adjacent
properties;
(b)
the nature of the construction activity occurring on the
property;
(c)
the nature and use of adjacent properties;
(d)
the number and nature of previous complaints regarding
the construction activity occurring on the property
received by the City Manager;
(e)
the intended schedule for completion of the construction
activity occurring on the property, including the potential
impact of restricted hours on the completion of the
construction activity; and
(f)
any other factor reasonably related to the construction
activity occurring on the property.
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(3)
A written notice issued by the City Manager pursuant to this
section may:
(a)
prohibit any construction activity on a property during
specified times; or
(b)
prohibit certain types of construction activity on a
property during specified times.
(S.4, Bylaw 17678, June 28, 2016)
GARBAGE
COLLECTION
17
A person shall not collect, cause or permit the collection of
garbage with a motor vehicle on or adjacent to any property
zoned for residential use before 7 a.m. or after 10 p.m.
ENGINE RETARDER
BRAKES
18
A person shall not use engine retarder brakes to slow or stop a
motor vehicle at any time.
18.1
DELETED
(S6 (b) Bylaw 20364 February 24, 2023)
DAYTIME DECIBEL
LIMIT -
RESIDENTIAL
19 (1)
A person shall not cause or permit any sound exceeding 65
dB(A), as measured at the property line of a property zoned for
residential use, between 7 a.m. and 10 p.m.
(2)
A person shall not cause or permit property they own or occupy
to be used so that any sound coming from the property exceeds
65 dB(A), as measured at the property line of a property zoned
for residential use, between 7 a.m. and 10 p.m.
(3)
This section does not apply to sounds up to:
(a)
70 dB(A) lasting a total period of time not exceeding two
hours in any one day;
(b)
75 dB(A) lasting a total period of time not exceeding one
hour in any one day;
(c)
80 dB(A) lasting a total period of time not exceeding 30
minutes in any one day; or
(d)
85 dB(A) lasting a total period of time not exceeding 15
minutes in any one day.
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15
OVERNIGHT
DECIBEL LEVEL -
RESIDENTIAL
20 (1)
A person shall not cause or permit any sound exceeding 50
dB(A), as measured at the property line of a property zoned for
use as residential, before 7 a.m. or after 10 p.m.
(2)
A person shall not cause or permit property they own or occupy
to be used so that any sound coming from the property exceeds
50 dB(A), as measured at the property line of a property zoned
for use as residential, before 7 a.m. or after 10 p.m.
DAYTIME DECIBEL
LIMIT -
NON-RESIDENTIAL
21 (1)
A person shall not cause or permit any sound exceeding 75
dB(A), as measured at the property line of a property zoned for
use other than residential, between 7 a.m. and 10 p.m.
(2)
A person shall not cause or permit property they own or occupy
to be used so that any sound coming from the property exceeds
75 dB(A), as measured at the property line of a property zoned
for use other than residential between 7 a.m. and 10 p.m.
(3)
This section does not apply to sounds up to:
(a)
80 dB(A) lasting for a total period of time not exceeding
two hours in any one day; or
(b)
85 dB(A) lasting for a total period of time not exceeding
one hour in any one day.
OVERNIGHT
DECIBEL LEVEL -
NON-RESIDENTIAL
22 (1)
A person shall not cause or permit any sound exceeding 60
dB(A), as measured at the property line of a property zoned for
use other than residential, before 7 a.m. or after 10 p.m.
(2)
A person shall not cause or permit property they own or occupy
to be used so that any sound coming from the property exceeds
60 dB(A), as measured at the property line of a property zoned
for use other than residential, before 7 a.m. or after 10 p.m.
MOTOR VEHICLES
23 (1)
If a motor vehicle is the cause of any sound that contravenes a
provision of this bylaw the owner of that motor vehicle is liable
for the contravention.
(2)
Subsection (1) does not apply if the owner, on a balance of
probabilities, satisfies the court that, at the time the motor
vehicle was involved in the contravention, the owner was not
present in the motor vehicle and no other person was operating
the motor vehicle with the owner's express or implied consent.
EXCEPTIONS
24
Nothing in this Part prohibits:
Bylaw 14600
16
(a)
the City, its agents or employees, from managing the
accumulation of snow and ice on highways and on City
property; or
(b)
situations where the City Manager has issued a permit
allowing the production of certain sounds on whatever
conditions the City Manager deems appropriate.
PART IV - OUTDOOR FIRES
DEFINITIONS
25
In this Part:
(a)
"fire" includes any combustion whether or not flame is
present or visible;
(b)
"fire ban" means a period of time designated by the City
Manager when, due to extremely dry or other unsafe
environmental conditions, outdoor fires are prohibited;
(c)
"fire pit" means a structure used for recreational fires
that complies with section 27; and
(d)
"fire place" means a structure used for recreational fires
that complies with section 28.
PROHIBITED FIRES
26 (1)
A person shall not cause or permit an outdoor fire on land they
own or occupy.
EXCEPTIONS
(2)
This section does not apply to:
(a)
cooking food using an appliance designed and intended
for that purpose and fuelled only by:
(i)
liquid petroleum gas;
(ii)
natural gas;
(iii)
dry, preservative free wood or wood products; or
(iv)
charcoal;
Bylaw 14600
17
(b)
smudge fires for the purpose of repelling insects or
preventing frost in an orchard or garden provided that
(i)
the fire is contained within a non-combustible
receptacle; and
(ii)
the land on which the fire is located is at least
0.5 hectares in area;
(c)
recreational fires fuelled only by dry, preservative free
wood or wood products and fully contained within a fire
pit or fire place; or
(d)
an outdoor fire for which a permit has been issued by the
City Manager.
FIRE PIT
REQUIREMENTS
27
A fire pit must:
(a)
be located at least three metres from any building,
property line, or combustible material;
(b)
be fully enclosed on all sides and constructed entirely
from brick, concrete block, heavy gauge metal, or other
non- combustible material; and
(c)
have an opening that is:
(i)
no more than one metre across;
(ii)
no more than 60 centimetres above the
surrounding surface grade; and
(iii)
covered with a non-combustible mesh screen
with openings no greater than 1.25 centimetres
across.
FIRE PLACE
STANDARDS
28
A fire place must:
(a)
be located at least one metre from any building, property
line, or combustible material;
(b)
be constructed entirely from brick, concrete block, heavy
gauge metal, or other non-combustible material;
(c)
have a base fire burning area that is at least 30
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centimetres above the surrounding surface grade;
(d)
have a fire burning area that is no more than 1.25 metres
wide and between 40 centimetres and 60 centimetres
deep;
(e)
have a chimney that
(i)
extends at least 2.5 metres above the base fire
burning area; and
(ii)
is covered with a non-combustible mesh screen
with openings no greater than 1.25 centimetres
across.
FIRE BAN
29
Notwithstanding anything in this Part, a person shall not cause or
permit an outdoor fire on land they own or occupy while a fire
ban is in effect.
NUISANCE FIRE
29.1 (1)
Notwithstanding anything in this Part, a person shall not cause or
permit an outdoor fire on land they own or occupy that is
reasonably likely to disturb the peace of any other individual.
(2)
In determining if an outdoor fire is reasonably likely to disturb
the peace of any other individual, the following criteria may be
considered:
(a)
demonstrated impact of the outdoor fire on health or
well- being of others;
(b)
proximity of the outdoor fire to adjacent or affected
properties;
(c)
duration of the outdoor fire;
(d)
date and time of the outdoor fire;
(e)
nature and intended use of the surrounding area; and
(f)
weather and ambient conditions.
NUISANCE FIRE
ORDER
29.2 (1)
If a person contravenes section 29.1, the City Manager may, by
written notice, restrict that person from causing or permitting
outdoor fires on land they own or occupy in the manner directed
by the City Manager.
(2)
A written notice may direct the person to:
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(a)
limit the duration or frequency of outdoor fires on land
they own or occupy;
(b)
only cause or permit outdoor fires on land they own or
occupy at certain times;
(c)
modify or relocate a fire pit or fire place; or
(d)
undertake any other action reasonably required to ensure
outdoor fires are not reasonably likely disturb the peace
of others.
(3)
A person shall not contravene a written notice issued pursuant to
subsection (1).
(4)
A person who receives a written notice pursuant to subsection
(1) may appeal the notice by filing a notice of appeal within 14
days of the date of the notice pursuant to the Community
Standards and Licence Appeal Committee Bylaw, Bylaw 15166.
OWNER LIABILITY
30
Where a person who owns land contravenes or fails to comply
with any provision of this Part, the person is liable for the
expenses and costs related to the City extinguishing any related
fires on the land.
PART V - WEED AND PEST CONTROL
DEFINITIONS
31
In this Part:
(a)
"elm tree" means any tree or part of a tree, whether dead
or alive, of the Ulmus genus; and
(b)
"Inspector" means a bylaw enforcement officer
appointed in accordance with the Enforcement Bylaw,
Bylaw 16368;
(c)
Repealed
(S. 15, Bylaw 18289, March 20, 2018)
HIGHWAY
OCCUPANCY
32
For the purposes of the Weed Control Act and the Agricultural
Pests Act, a person who owns or occupies land shall be
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20
considered to occupy that portion of any highway between the
property line and the centre line of the highway.
NOXIOUS WEEDS
33
Repealed
ELM TREE
REMOVAL
34
A person shall not remove, cause or permit the removal of an
elm tree unless the stump of the elm tree is:
(a)
removed to a depth of at least 10 centimetres below the
surface of the soil; or
(b)
treated in a manner acceptable to an Inspector.
ELM TREE
PRUNING
35 (1)
Unless otherwise ordered by an Inspector, and subject to
subsection (2), a person who owns or occupies land shall keep
every elm tree pruned so that the elm tree is free of wood that is
dead or dying.
(2)
Unless otherwise ordered or permitted by an Inspector, a person
shall not prune, cause or permit the pruning of an elm tree after
March 31st and before October 1st in any year.
BOULEVARD ELM
TREES
36
Notwithstanding any other provision of this bylaw a person shall
not:
(a)
remove or damage any elm tree on a boulevard; or
(b)
prune, cut, repair or perform any other work on any elm
tree on a boulevard;
unless ordered or permitted to do so by the City Manager.
ELM TREE
TRANSPORTATION
STORAGE USE AND
SALE
37 (1)
A person shall not bring, cause or permit to be brought into the
City an elm tree:
(a)
suffering from Dutch elm disease caused by the fungus:
(i)
Ophiostoma ulmi (Buis.);
(ii)
Ceratocystis ulmi (Buis.); or
(iii)
Ophiostoma novo-ulmi (Brasier);
or
(b)
carrying or infected by:
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21
(i)
the Native elm bark beetle (Hylurgopinus
rufipes);
or
(ii)
the European elm bark beetle (Scolytus
multistriatius).
(2)
Unless otherwise ordered or permitted by an Inspector, a person
shall not cause or permit the transportation, storage, use or sale
of an elm tree within the City.
(3)
In any order or permission pursuant to this section an Inspector
must:
(a)
describe the quantity, condition and type of elm trees that
are the subject of the order or permission;
(b)
describe the activity being permitted; and
(c)
where applicable:
(i)
describe the purpose, route and mode of
transportation;
(ii)
describe the storage location;
(iii)
describe the use; or
(iv)
describe the sale.
ELM TREE
DISPOSAL
38
A person shall not dispose, cause or permit the disposal of an
elm tree within the City unless the disposal is at a site authorized
by the City Manager.
PART V.1 - EXCESSIVE IDLING
DEFINITIONS
38.1
In this Part "idle" or "idling" means the operation of the engine
of a motor vehicle while the motor vehicle is not in motion.
NO IDLING
38.2
A person shall not cause, permit or allow a motor vehicle to idle
for more than five minutes total in any thirty minute period in
any area identified as a no idling zone.
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EXCEPTIONS
38.3
This Part does not apply to:
(a)
All motor vehicles when the outdoor temperature is less
than zero degrees Celsius and only to allow safe vehicle
operation and maintain clear windows;
(b)
Motor vehicles licensed to provide for hire transportation
services to the public;
(c)
Vehicles transporting medically fragile people;
(d)
Fire, police, medical services or other similar emergency
motor vehicles while engaged in operational activities;
(e)
Motor vehicles assisting in emergency activities;
(f)
Motor vehicles in which the engine is used to operate
auxiliary equipment that is essential to the basic function
of the vehicle;
(g)
Motor vehicles containing equipment that must be
operated inside or in association with the vehicle;
(h)
Motor vehicles idling in compliance with the
manufacturer's written directions concerning proper
vehicle performance and proper vehicle safety;
(i)
Armoured motor vehicles in the course of being loaded
or unloaded;
(j)
Motor vehicles using heating or refrigeration systems
powered by the vehicle engine for the welfare or
preservation of perishable cargo;
(k)
Motor vehicles in which proper ventilation system
function is required to clear interior window surfaces of
accumulated condensation, but only for the minimum
period of time to allow safe visibility;
(l)
Motor vehicles remaining motionless for brief periods of
time, not to exceed three consecutive minutes, due to
emergency, traffic conditions, weather conditions, a
traffic control device or as directed by a peace officer;
(m)
Motor vehicles idling where required for the purpose of
servicing or repairing the vehicle;
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(n)
Motor vehicles engaged in a parade, race or other event
authorized by the City; or
(o)
Motor vehicles operating solely on electric power or
those idling without the use of an internal combustion
engine.
PROOF OF
EXCEPTION
38.4
The burden of proving that an exception applies in a particular
case is on the person alleging such exception on a balance of
probabilities.
PROSECUTIONS
38.5 (1)
In the absence of evidence to the contrary, if a motor vehicle is
involved in an offence referred to in this Part the registered
owner of that vehicle is deemed to be a person causing,
permitting or allowing the idling of the vehicle.
(2)
In any prosecution for an offence under this Part evidence by a
person of audible engine noise or visual observation of exhaust
coming from a motor vehicle shall be considered prima facie
evidence of engine operation.
PART V.2 - ODOURS AND EMISSIONS
EXCESSIVE
ODOURS AND
EMISSIONS
38.6 (1)
A person shall not engage in any activity that creates odour,
emission, smoke, vapour, dust or other airborne matter that is
reasonably likely to disturb another individual.
(2)
A person shall not cause or permit property they own or occupy
to be used so that any odour, emission, vapour, dust or other
airborne matter from the propery is reasonably likely to disturb
another individual.
(3)
In determining if any odour, emission, smoke, vapour, dust or
other airborne matter is reasonably likely to disturb another
individual, the following criteria may be considered, but is not
limited to:
(a)
the type, frequency, intensity or duration of the odour,
emission, smoke, vapour, dust or other airborne matter;
(b)
the time of day and day of the week;
(c)
the weather and ambient conditions;
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24
(d)
the proximity to neighbouring properties;
(e)
the nature and use of the surrounding area; and
(f)
the effects of the odour, emission, smoke, vapour, dust or
other airborne matter.
(S.2, Bylaw 18854, June 4, 2019)
PROSECUTIONS
38.7 (1)
A person may be found guilty of a contravention of section 38.6
whether or not the air quality, particulate level, or odour is
measured.
(2)
In the absence of evidence to the contrary, if the source of the
odour, emission, smoke, vapour, dust or other airborne matter is
originating from private property or from an activity taking place
on private property, the person registered pursuant to the Land
Titles Act RSA 2000, c L-4, as the owner of the private property
is deemed to be the person causing, permitting or engaging in the
activity that is creating the odour, emission, smoke, vapour, dust
or airborne matter.
(S.3, Bylaw 18854, June 4, 2019)
PART VI - ENFORCEMENT
OFFENCE
39
A person who contravenes this bylaw is guilty of an offence.
CONTINUING
OFFENCE
40
In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each
day, or part of a day, on which it continues and a person guilty of
such an offence is liable to a fine in an amount not less than that
established by this bylaw for each such day.
VICARIOUS
LIABILITY
41
For the purposes of this bylaw, an act or omission by an
employee or agent of a Person is deemed also to be an act or
omission of the person if the act or omission occurred in the
course of the employee's employment with the person, or in the
course of the agent's exercising the powers or performing the
duties on behalf of the person under their agency relationship.
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CORPORATIONS
AND PARTNERSHIPS
42 (1)
When a corporation commits an offence under this bylaw, every
principal, director, manager, employee or agent of the
corporation who authorized the act or omission that constitutes
the offence or assented to or acquiesced or participated in the act
or omission that constitutes the offence is guilty of the offence
whether or not the corporation has been prosecuted for the
offence.
(2)
If a partner in a partnership is guilty of an offence under this
bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offence or assented to or acquiesced
or participated in the act or omission that constitutes the offence
is guilty of the offence.
FINES AND
PENALTIES
43 (1)
A person who is guilty of an offence is liable to a fine in an
amount not less than that established in this section, and not
exceeding $10,000.00, and to imprisonment for not more than
six months for non-payment of a fine.
(2)
Without restricting the generality of subsection (1) the following
fine amounts are established for use on municipal tags and
violation tickets if a voluntary payment option is offered:
(a)
$250.00 for any offence for which a fine is not otherwise
established in this section;
(b)
Repealed
(c)
$100.00 for any offence under sections 7, 8, 12.2, 12.3,
and 12.4.;
(d)
Repealed
(e)
$500.00 for any offence under sections 6.2, 16, 20, and
22; and
(S.5, Bylaw 17678, June 28, 2016)
(S.4, Bylaw 19553, February 22, 2021)
(e.1)
$1,000.00 for any offence under:
(i)
section 6(1) where the nuisance relates to the
examples listed in section 6(2)(a.2);
(ii) Section 9.1; and
(iii) section 12.1 where the litter, garbage, waste, refuse
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26
or other waste material is any of the following:
(A) materials generated in the course of
construction, demolition, or renovation; or
(B) individual items that are larger than 1
metre in any dimension or items that
weigh more than 20 kilograms; or
(C) materials generated by or discarded as
refuse from a non-residential property; or
(D) yard waste, including grass clippings,
leaves, branches, trees, garden matter, soil,
sod or dirt; and
(S.2, Bylaw 19362, September 21, 2020)
(S.4, Bylaw 19690, May 3, 2021)
(f)
double these fine amounts for any subsequent offence.
MUNICIPAL TAG
44
If a municipal tag is issued in respect of an offence the municipal
tag must specify the fine amount established by this bylaw for
the offence.
PAYMENT IN LIEU
OF PROSECUTION
45
A person who commits an offence may, if a municipal tag is
issued in respect of the offence, pay the fine amount established
by this bylaw for the offence and if the amount is paid on or
before the required date, the person will not be prosecuted for
the offence.
VIOLATION TICKET
46
If a violation ticket is issued in respect of an offence, the
violation ticket may:
(a)
specify the fine amount established by this bylaw for the
offence; or
(b)
require a person to appear in court without the alternative
of making a voluntary payment.
VOLUNTARY
PAYMENT
47
A person who commits an offence may:
(a)
if a violation ticket is issued in respect of the offence; and
(b)
if the violation ticket specifies the fine amount
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established by this bylaw for the offence;
make a voluntary payment equal to the specified fine.
ORDER TO
COMPLY
48 (1)
If the City Manager believes, on reasonable grounds, that a
person is contravening any provision of this bylaw, the City
Manager may, by written order, require any person responsible
for the contravention to remedy it.
(2)
The order may:
(a)
direct a person to stop doing something, or to change the
way in which the person is doing it;
(b)
direct a person to take any action or measures necessary
to remedy the contravention of the bylaw and, if
necessary, to prevent a re-occurrence of the
contravention;
(c)
state a time within which the person must comply with
the directions;
(d)
state that if the person does not comply with the
directions within a specified time, the City will take the
action or measure.
(3)
A person named in and served with an order issued pursuant to
this section shall comply with any action or measure required to
be taken within the time specified.
(4)
An order issued pursuant to this section may be served:
(a)
in the case of an individual:
(i)
by delivering it personally to the individual;
(ii)
by leaving it for the individual at their apparent
place of residence with someone who appears to
be at least 18 years of age; or
(iii)
by mail addressed to the individual at their
apparent place of residence or at any address for
the individual on the tax roll of the City or at the
Land Titles registry;
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(b)
in the case of a corporation:
(i)
by delivering personally to any director or officer
of the corporation;
(ii)
by delivering it personally to a person apparently
in charge of an office of the corporation at an
address held out by the corporation to be its
address; or
(iii)
by mail addressed to the registered office of the
corporation.
OBSTRUCTION
49
A person shall not obstruct or hinder any person in the exercise
or performance of the person's powers pursuant to this bylaw.
PART VII - GENERAL
POWERS OF THE
CITY MANAGER
50
Without restricting any other power, duty or function granted by
this bylaw the City Manager may:
(a)
carry out any inspections to determine compliance with
this bylaw;
(b)
take any steps or carry out any actions required to
enforce this bylaw;
(c)
take any steps or carry out any actions required to
remedy a contravention of this bylaw;
(d)
establish investigation and enforcement procedures with
respect to residential, commercial, industrial or other
types of property and such procedures may differ
depending on the type of property in question;
(e)
establish areas where activities restricted by this bylaw
are permitted;
(f)
establish forms for the purposes of this bylaw;
(g)
issue permits with such terms and conditions as are
deemed appropriate;
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(h)
establish the criteria to be met for a permit pursuant to
this bylaw;
(i)
delegate any powers, duties or functions under this bylaw
to an employee of the City; and
(j)
deleted
(k)
designate periods of time when a fire ban is in effect.
(S.16, Bylaw 18289, March 20, 2018)
PERMITS
51 (1)
A person to whom a permit has been issued pursuant to this
bylaw, and any person carrying out an activity otherwise
regulated, restricted or prohibited by this bylaw pursuant to such
permit, shall comply with any terms or conditions forming part
of the permit.
(2)
A person shall not make any false or misleading statement or
provide any false or misleading information to obtain a permit
pursuant to this bylaw.
(3)
If any term or condition of a permit issued pursuant to this bylaw
is contravened or if a false or misleading statement or false or
misleading information was provided to obtain the permit, the
City Manager may immediately cancel the permit.
PROOF OF PERMIT
52
The onus of proving a permit has been issued in relation to any
activity otherwise regulated, restricted or prohibited by this
bylaw is on the person alleging the existence of such a permit on
a balance of probabilities.
OWNER LIABLE
52.1 (1)
In this section "owner" includes any person registered as an
owner at the Motor Vehicle Registry.
(2)
If litter, garbage, waste, refuse or other waste material is
disposed of on the privately owned property of another person
from a vehicle and it cannot be determined who is the operator
of the vehicle transporting the litter, garbage, waste, refuse or
other waste material, the owner of the vehicle is deemed to be
the person who disposed of the litter, garbage, waste, refuse or
other waste material unless the owner proves to the satisfaction
of a court that at the time of the offence the vehicle was not
being operated or parked or left by the owner or by any other
person with the owner's consent, express or implied.
(S.3, Bylaw 19362, September 21, 2020)
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CERTIFIED COPY
OF RECORD
53
A copy of a record of the City, certified by the City Manager 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.
CERTIFICATES
53.1
A certificate that purports to be issued by the manufacturer or
calibrator of a device to verify, certify or otherwise declare the
device's calibration or conformity with standards shall be
admitted in evidence as prima facie proof of the facts stated in
that certificate.
NUMBER AND
GENDER
REFERENCES
54
All references in this bylaw will be read with such changes in
number and gender as may be appropriate according to whether
the reference is to a male or female person, or a corporation or
partnership.
PART VIII - TRANSITIONAL
REPEALS
55
The following bylaws are repealed:
(a)
Bylaw 5535, the Control of Fireblight Bylaw;
(b)
Bylaw 5825, the Public Health Bylaw;
(c)
Bylaw 6046, the Weed Control Bylaw;
(d)
Bylaw 7255, the Noise Bylaw;
(e)
Bylaw 10406, the Nuisance Bylaw;
(f)
Bylaw 10874, the Open Air Fire Bylaw;
(g)
Bylaw 11468, the Dutch Elm Disease Bylaw; and
(h)
Bylaw 12972, the Minimum Maintenance Standards
Bylaw.
EFFECTIVE DATE
56
This bylaw takes effect beginning on April 1, 2008.
ANNEXATION
IMPLEMENTATION
57
The City Manager may approve exemptions or modifications to
this bylaw, including the power to waive fees, where such
exemptions or modifications are consistent with inter-municipal
negotiations resulting in Order in Council 359/2018.
(S.6, Bylaw 18666, January 22, 2019)
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31
(NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A. 2000,
c.M-26 and Bylaw 16620 Section 16, and printed under the City Manager's authority)
Bylaw 14600, passed by Council May 22, 2007
Amendments:
Bylaw 17678, June 28, 2016
Bylaw 18092, July 11, 2017
Bylaw 18289, March 20, 2018
Bylaw 18666, January 22, 2019
Bylaw 19362, September 21, 2020
Bylaw 19553, February 22, 2021
Bylaw 19690, May 3, 2021
Bylaw 20364, February 24, 2023
Bylaw 20909, October 22, 2024
Bylaw 21424, March 17, 2026