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CITY OF FORT SASKATCHEWAN
COMMUNITY STANDARDS BYLAW
BYLAW NO. C6-26
WHEREAS, pursuant to Part 2 of the Municipal Government Act, R.S.A. 2000, c. M-26, and amendments
thereto, Council may pass a bylaw for the municipal purposes of prohibiting certain activities in order to
prevent and compel the abatement of noise, Nuisances, Unsightly Premises and public disturbances
within the corporate limits of the City of Fort Saskatchewan;
AND WHEREAS the Municipal Government Act authorizes a Council to pass bylaws for municipal
purposes respecting the enforcement of bylaws made under the Municipal Government Act or any other
enactment; and
AND WHEREAS it is desirable for regulations which affect community standards to be located, as much as
possible, in one bylaw;
NOW THEREFORE, the Council of the City of Fort Saskatchewan, duly assembled, enacts as follows:
This Bylaw is cited as the City of Fort Saskatchewan "Community Standards Bylaw."
1. DEFINITIONS
For the purposes of this Bylaw, the following words mean:
(a)
"Automobile Parts" includes, but is not limited to, any part of a Motor Vehicle or collection of
Motor Vehicle parts;
(b)
"Attractant" means any substance which could be reasonably expected to attract wildlife or
does attract wildlife, including but not limited to animal remains/carcasses, food products,
pet food, feed, grain or salt.
(c)
"Boulevard" means that part of a Highway in an urban area 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;
(d)
"Building Materials" means material or debris which may result from the construction,
renovation, or demolition of any building or other Structure and includes, but is not limited to
wood, gypsum board, roofing, vinyl siding, metal, packaging material and containers of
Building Materials, gravel, concrete and asphalt and any earth, rocks and vegetation
displaced during such construction, renovation or demolition of any building or other
Structure;
(e)
"Bully or Bullying" means to participate in unwanted, aggressive behaviour intended to cause
physical, emotional, or social harm, often including verbal, physical, social or online
harassment.
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Page 2
(f)
"Camping" means the locating of, erecting of, or use of a tent, trailer, motor home, truck and
camper, lean-to, a vehicle or part of a vehicle, a portable cabin, storage shed, or any other
similar temporary structure for the provision of sleeping or human habitation.
(g)
"Charity Collection Site" means an area accessible to the public, which is marked by signs
identifying the name of a charity and identifying the area for the collection of donated goods,
and which contains a receptacle or bin for the collection of donated goods;
(h)
"Chronic Nuisance Property" means any property that has been the subject of:
(i) 6 or more separate, verified contraventions of this Bylaw within a 6 month period; or
(ii) 4 or more complaints or enforcement actions within a 48 hour period for separate
alleged offences of this Bylaw.
(i)
"City" means the municipal corporation of the City of Fort Saskatchewan;
(j)
"City Arborist" means the employed horticultural professional of the City, or anyone acting
or authorized to act on that person's behalf;
(k)
"City Manager" means the City's Chief Administrative Officer or their designate;
(l)
"Composting" means the managed practice of recycling organic material, including food and
yard waste, through biological degradation in a container or pile, to create a usable soil
conditioner;
(m)
"Court" means the Provincial Court of Alberta;
(n)
"Derelict Building" means a building that is in a dilapidated condition, shows signs of
significant disrepair, or neglect, including but not limited to broken or missing windows or
doors, unsecured openings, structural failure, , an absence of weather proofing or signs of
permeability to the influence of the weather, the presence of pervasive rot or mold, poses a
significant risk of fire, or shows the presence of visible fire damage.
(o)
"Derelict Motor Vehicle" means a vehicle that is:
(i) Incapable of being safely operated (for example having one or more attributes similar
to: a missing windshield, a missing driver's seat, a missing steering wheel, multiple flat
tires, or being used for storage of items in such a way that the vehicle cannot be driven
safely);
(ii) Partially or fully dismantled (for example having one or more attributes similar to:
missing tires, left on blocks or on a jack or other non-tire support);
(iii) Substantially damaged;
And for greater certainty includes both passenger vehicles and Recreational Vehicles.
(p)
"Drinking Establishment" means any business, organization, or individual that holds a liquor
license issued by the Alberta Gaming and Liquor Commission;
(q)
"Elm Tree" means any tree of the Ulmus Genus;
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Page 3
(r)
"Fence" means a structure constructed at ground level, used to prevent or restrict passage,
provide visual screening, noise attenuation, landscaping, or to mark a boundary. This
definition includes any privately built Fence and a developer-built community screening
Fence;
(s)
"Fight" means any confrontation involving violent physical contact between two (2) or more
people;
(t)
"Garden" means an area of land or a container in which flowers, vegetables, fruits or herbs are
cultivated;
(u)
"Good Repair" means a condition where something is free from significant damage, peeling
surfaces, broken, missing or fallen parts, rot or other significant deterioration, openings
which are not secured against trespassers, infiltration, precipitation, or other visual evidence
of a lack of general maintenance;
(v)
"Graffiti" means words, figures, letters, drawings, scribbles or stickers applied, scratched,
etched, sprayed or attached on or to the surface of any Premises, Structure, or other
Property;
(w)
"Hazard Tree" means any tree that, in the opinion of an Inspector, has deteriorated to the
point that it can support elm bark beetle habitation and breeding, or any other insect or virus,
making that tree a hazard that may promote the spread of disease;
(x)
"Herbaceous Plant" means a plant having little or no woody tissue above ground;
(y)
"Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct,
land, alley, square, bridge, causeway, trestle way or other place or 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 Motor Vehicles and includes:
(i) a Sidewalk, including a Boulevard adjacent to a 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;
(z)
"Industrial Fluids" includes, but is not limited to engine oil, brake fluid, anti-freeze or hydraulic
fluid;
(aa) "Infected Tree" means any tree that, in the opinion of an Inspector, is infected by a disease
or insect including, without limitation, Dutch Elm disease or Emerald Ash Borer;
(bb) "Inspector" means a Person appointed as Inspector pursuant to the Agricultural Pests Act,
S.A. 2000, c.A-8.1, as amended or replaced from time to time;
(cc) "Lane" means a narrow public Roadway intended chiefly to give access to the rear of
buildings and parcels of land, also known as an alley as defined by the Traffic Safety Act,
RSA 2000, c T-6, as amended;
(dd) "Litter" means any solid or liquid material or product, combination of solid or liquid materials,
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or liquid materials or products, including, but not limited to any rubbish, garbage, paper,
packages, containers, bottles, cans, manure, metal, human or animal excrement, or the
whole or part of an animal carcass, or the whole or part of any article, raw or processed
material, or a dismantled or inoperative Motor Vehicle or other machinery;
(ee) "Motor Vehicle" has the same meaning as in the Traffic Safety Act, R.S.A. 2000, c.T-6, as
amended or repealed and replaced from time to time;
(ff)
"Night Time" means the period beginning at 10:00 PM and ending the following day at:
(i) 7:00 AM if the following day is Monday through Friday; or
(ii) 9:00 AM if the following day is a Saturday, Sunday or Statutory Holiday
(gg) "Nuisance" means any condition or use of Property, which, in the opinion of a Peace Officer,
constitutes an unreasonable interference with the use and enjoyment of other Property in
the neighborhood;
(hh) "Occupant" means any Person occupying any Property, or having control over the condition
of any Property and the activities conducted on the Property, whether they are the Owner or
lessee of such Property, or whether such Person resides thereon or conducts business
thereon;
(ii)
"Open Composting Pile" means a Composting site which is not fully contained in a Structure;
(jj)
"Order" means an Order issued pursuant to this Bylaw to remedy a condition that is not in
compliance with any provision of this Bylaw;
(kk) "Owner" means a Person who:
(i) in the case of land, is 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, is in lawful possession, or has the right to exercise
control over it, or is the registered Owner of it;
(ll)
"Panhandling" means to ask for a gratuitous donation of money, food, or goods of any kind,
whether spoken or by printed work, or bodily gesture, but does not include the solicitation of
charitable donations allowed or authorized pursuant to the Charitable Fundraising Act, or
any other legislation permitting the solicitation of charitable donations;
(mm) "Peace Officer" includes a Bylaw Enforcement Officer, a Community Peace Officer and a
member of the Royal Canadian Mounted Police;
(nn) "Person" includes a corporation, other legal entities or an individual;
(oo) "Pest" means any animal, bird, reptile, or insect which causes, or could reasonably be
expected to cause annoyance, damage, or injury to any Person, animal or plant;
(pp) "Premises" includes the external surface of all buildings and the whole or part of any parcel
of real Property, including the land immediately adjacent to any Structure and includes all
forms of vegetation and including any Property or Structures owned or leased by the City;
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(qq) "Property" means a parcel of land including any buildings or, where the context so requires,
a chattel;
(rr)
"Public Place" means any Property, whether publicly or privately owned, to which members
of the public have access as of right, or by express or implied invitation, whether on payment
of any fee or not;
(ss) "Recreational Vehicle" means a Vehicle used or intended for use as a shelter, and without
restricting the generality of the foregoing, includes any motor-home, holiday Trailer, camper,
tent Trailer and any bus or truck converted for use as a Recreational Vehicle;
(tt)
"Residential Building" means a Structure that contains one or more dwelling units including
a house, multi-family dwelling, housing project, apartment building, lodging house, senior
citizen complex or hospital;
(uu) "Roadway" means that part of a Highway intended for use by vehicular traffic;
(vv) "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;
(ww) "Statutory Holiday" means any day deemed by the Federal or Provincial Governments, or
the City of Fort Saskatchewan to be a holiday;
(xx) "Structure" means a building (including eaves) or other thing erected or placed in, on, over
or under land, whether or not it is so affixed to the land as to become transferred without
special mention by a transfer or sale of the land, pursuant to the MGA, as amended;
(yy) "Trailer" means a vehicle so designed that it:
(i) may be attached to or drawn by a Motor Vehicle or tractor; and
(ii) is intended to transport property or Persons, and includes any "vehicle" defined by
regulation as a Trailer but does not include machinery or equipment solely used in the
construction or maintenance of Highways;
(zz) "Unsightly" means any Property which, because of deposits of rubbish, Litter, garbage,
noxious weeds, or lack of general maintenance to a Structure or Property, impacts the
property values of the Property or other properties in the area;
(aaa) "Urinate" means to discharge urine from the body;
(bbb) "Violation Tag" means a tag or similar document issued by the City pursuant to the Act for
the purpose of notifying a Person that an offence has been committed for which a
prosecution may follow;
(ccc) "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act,
R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time;
(ddd) "Wildlife" means undomesticated animals living in the wild, including those hunted for food,
sport or profit, excluding dogs, cats, livestock, and birds.
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Page 6
(eee) "Xeriscaped Area" means an area of land that is landscaped using plants that are adapted
to the local area or that are drought resistant; and
(fff)
"Yard Material" means any waste material of an organic nature formed as a result of
gardening, horticultural pursuits, or agricultural activities including grass, tree and hedge
cuttings, waste sod and decomposing plants, leaves and weeds.
(ggg) "Young Person" means any person less than 18 years of age.
2. ADDRESSING
(a)
The Owner or Occupant of a Premises on which a building, Structure or dwelling unit has
been erected shall display the number assigned to the Property at a location plainly visible
from the street in front of the Premises to which the Property is addressed.
(b)
The Owner or Occupant of a Premises on which a building, Structure or dwelling unit has been
erected that has access to a Lane shall display the number assigned to the Property at a
location plainly visible from the Lane.
3. CHARITY COLLECTION SITES
(a)
No Person shall dump or deposit household garbage or other Litter at a Charity Collection
Site.
(b)
No Person shall scavenge from or disturb any material, bag or box in or at a Charity
Collection Site, whether or not that material, bag or box is contained in a receptacle or resting
upon the ground.
4. NOISE CONTROL
(a)
Prohibited Noise:
(i) Except as authorized pursuant to this Bylaw, no Person shall cause or permit any noise
that annoys or disturbs the peace of any other Person.
(ii) Except as authorized pursuant to this Bylaw, no Owner or Occupant of a Premises shall
cause or permit any noise that annoys or disturbs the peace of any other Person.
(iii) In determining if a sound is reasonably likely to annoy or disturb the peace of others,
consideration may be given, but is not limited to:
A. Type, volume, and duration of the sound;
B. Time of day and day of week;
C. Nature and use of the surrounding area; and
D. Any other relevant factor.
(iv) With the exception of the activities referred to herein, unless permission from the City
is first obtained, no Person shall use, operate or allow to be used or operated any tools,
machinery, or equipment so as to create a noise, or disturbance which may be heard
in a Residential Building in the Night Time.
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Page 7
(v) No Drinking Establishment shall permit any noise to emanate from the Premises of
such Drinking Establishment such that it annoys or disturbs any Person outside the
boundary of the Drinking Establishment.
(vi) 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 activity.
(vii) Nothing in this Bylaw shall prevent the continual operation or carrying on of an industrial
activity where the activity is one which is a permitted use, an approved discretionary
use, or a non-conforming, but not illegal, use as defined in the Municipal Government
Act (MGA), R.S.A. 2000, c.M-26, as amended and repealed from time to time.
(b)
Section 4(a) does not apply to work carried on by the City or by a contractor carrying out the
instructions of the City.
5. NUISANCE ESCAPING PROPERTY
(a)
Water, Eavestroughs and Downspouts:
(i) No Owner or Occupant of a Premises shall allow a flow of water from a hose or similar
device on the Premises to be directed towards an adjacent Premises if it is likely that
the water from the hose or similar device will enter the adjacent Premises.
(ii) An Owner or Occupant of a Premises shall direct any rainwater downspout or
eavestrough on the Premises towards the front or rear of the Premises or a side yard
which does not abut another Premises unless it is pre-existing, otherwise authorized
or would be considered unreasonable or impractical to change.
(iii) No Owner or Occupant of a Premises shall allow a flow of water from a hose or similar
device, rain water, downspout or eavestrough to be directed over or onto a public
sidewalk so as to be a hazard to any Person or cause damage.
(b)
Dust and Airborne Matter:
(i) No Person shall engage in any activity that is likely to allow dust or other airborne matter
that may disturb any other Person to escape the Premises without taking reasonable
precautions to ensure that the dust or other airborne matter does not escape the
Premises.
(c)
Outdoor Lighting:
(i) No Owner or Occupant of a Premises shall allow an outdoor light to point or shine
directly into the living or sleeping areas of an adjacent dwelling house.
(ii) An outdoor light shall not constitute a violation of Subsection (i) if the Owner or
Occupant of the Premises shields the light from pointing or shining directly at the living
or sleeping areas of the adjacent dwelling house.
(iii) Where an outdoor light is permitted or required by the City, that approval or requirement
shall take precedence over this Bylaw, and the light shall not constitute a violation of
Subsection (i).
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Page 8
(d)
Flyers and Debris:
(i) An Owner or Occupant of a Premises shall ensure that articles such as papers, flyers
and loose debris are collected and contained on the Premises so that they do not
escape onto adjacent or other neighbouring properties.
(ii) An Owner or Occupant of a Premises is responsible for papers and flyers on their
Premises regardless of whether they solicited for the delivery of these papers or flyers.
(iii) No Person responsible for the operation of a business engaged in the distribution of
commercial flyers shall allow the deposit of their commercial flyers on a Premises where
signs or notices have been posted and are clearly visible at the entrance to a dwelling
unit, indicating that such material is not wanted.
6. PLACARDS, POSTERS AND PLAYBILLS
(a)
No Person shall place, post, or erect, or cause, permit, or allow to be posted or exhibited,
any sign, placard, playbill, poster, writing, or picture on any wall, Property, Fence, park, or
land owned by the City, without written permission from the City.
(b)
A Peace Officer is authorized to remove and destroy any placard, playbill, poster, writing, or
picture erected or maintained without permission.
7. UNSIGHTLY PREMISES
(a)
Accumulation of Materials:
(i) No Owner or Occupant of a Premises shall allow on the Premises the accumulation of
Yard Material, animal remains, parts of animal remains, animal feces, any material that
creates unpleasant odours or is likely to attract Pests, or disassembled machinery,
equipment and appliances and parts thereof.
(ii) No Owner or Occupant of a Premises shall allow the open or exposed storage on the
Premises of any Industrial Fluid.
(iii) No Owner or Occupant of a Premises shall allow loose Litter boxes, packaging
materials, household furniture or other household goods to accumulate on the
Premises such that the accumulation is visible to a Person viewing from outside the
Property.
(iv) No Owner or Occupant of a Premises shall allow any accumulation of debris, animal
remains or household goods to remain in a Motor Vehicle visible to the public.
(b)
Appliances:
(i) No Owner or Occupant of any Premises shall allow a refrigerator or freezer to remain
on the exterior of the Premises without first ensuring that the hinges and latches, or lid
or doors of the unit have been removed unless authorized by the City.
(ii) No Owner or Occupant of any Premises shall allow any appliances to remain on the
Premises such that the appliance is visible to a Person viewing from outside the
Property unless authorized by the City.
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Page 9
(iii) Notwithstanding Section 7(b) (i) and (ii), it shall not be an offence for an Owner or
Occupant of a Premises to allow a refrigerator or freezer to remain on the Premises if the
refrigerator or freezer is not visible to a Person viewing from outside the Property and
the refrigerator remains locked at all times with a padlock and key or similar device.
(c)
Boulevards:
(i) No Owner or Occupant of a Premises shall allow grass or other Herbaceous Plants on
the Boulevard adjacent to that Premises to exceed a height of fifteen (15) centimeters.
(ii) No Owner or Occupant of a Premises shall allow accumulation of fallen leaves or other
debris on a Boulevard adjacent to that Premises.
(d)
Compost Sites:
(i) No Owner or Occupant of a Premises shall place or allow to be placed animal feces,
animal parts or animal meat on an Open Composting Pile or in a Composting container
on the Premises.
(ii) No Owner or Occupant of a Premises shall allow an Open Composting Pile on the
Premises within three (3) metres of an adjacent dwelling house, measured from the
nearest part of the Open Composting Pile to the nearest part of the adjacent dwelling
house.
(iii) Every Owner or Occupant who allows a Composting container or Open Composting Pile
to remain on a Premises must ensure that it is maintained in such a manner that it does
not become a Nuisance by creating offensive odours or attracting Pests.
(e)
Construction Sites:
(i) Each construction site shall have a waste container to ensure that waste construction
materials are placed in the container to prevent the material from being blown away
from the construction site.
(ii) A waste container on a construction site must be designed and/or have the capacity to
contain all waste construction material within the container to ensure that the waste
construction material is not capable of blowing off the construction site.
(iii) No construction material is to be stored or accumulated on a construction site unless it
is not capable of being blown away from the construction site.
(f)
Graffiti:
(i) No Person shall create or apply Graffiti except at a site that has been designated by
the City.
(ii) Every Owner or Occupant of a Premise shall, within a reasonable time, ensure that
Graffiti placed on their Premises is removed, painted over, or otherwise permanently
blocked from public view except at a site that has been designated by the City.
(g)
Maintenance of Grass and Other Plants:
(i) Pursuant to Section 26 of the Alberta Weed Control Act, as amended, repealed, or
Bylaw #C6-26
Page 10
replaced from time to time, a Person is the Owner or Occupant of the Highway to the
Highway's midpoint to the extent that the Person is the Owner or Occupant of the land
that borders the Highway.
(ii) No Owner or Occupant of a Premises shall allow grass or other Herbaceous Plants on
the Premises to exceed a height of fifteen (15) centimeters.
A. This section shall not apply to golf courses, maintained Gardens or maintained
Xeriscaped Areas, parks or natural areas under the direction and control of the
City, or areas under the direction and control of the City, including Boulevards
adjacent to major Roadways, and areas subject to naturalization efforts.
B. This Section will apply to vacant lots within residential areas and the grass on
any Boulevard that lies directly between the boundary of a parcel of land and an
adjacent Highway or Roadway
(h)
Motor Vehicles:
(i) No Person may conduct any repair work on a Motor Vehicle, including mechanical
repairs, auto body work, frame repair, collision repair, auto painting or modifications to
the body or rebuilding of a Motor Vehicle, on any Premises in a residential district
unless:
A. the activity does not create a Nuisance or noise complaints from the
neighbourhood;
B. there is no escape of offensive, annoying, or noxious odours, fumes or smoke
from the Premises;
C. Motor Vehicle fluids, oil, gasoline products or other hazardous material are
properly disposed of and not swept or washed onto a Highway or down storm
or sanitary sewers;
D. all discarded Automobile Parts and materials are properly stored and disposed
of from the Premises; and
E. the activity is routine maintenance work done on any Motor Vehicle owned,
operated, and registered in the name of the Owner or Occupant of the Premises,
provided that all building and fire code regulations are met.
(ii) No Owner or Occupant of a Premises shall allow the accumulation of Automobile Parts
on the Premises unless they are contained in a Structure which has been approved by
the City through the City's permitting process.
(iii) No Owner or Occupant of a Premises shall allow more than one Derelict Motor Vehicle
to remain on the Premises, and the Derelict Motor Vehicle must be either contained
within a Structure which has been approved by the City or covered by a tarpaulin or
other device acceptable to the City which prevents it being seen from any neighbouring
Property or public area.
(iv) No Owner or Occupant of a Premises shall park or store a Motor Vehicle, Derelict Motor
Vehicle, Recreational Vehicle, Trailer, or boat in the front yard of a Premises and wholly
or partially on turf, lawn, dirt, or other non-hard surfaced areas.
Bylaw #C6-26
Page 11
(v) No Owner or Occupant of a Premises shall park a shipping container or moving pod on
the Premises for more than fourteen (14) days.
(i)
Obligation to Maintain Property:
(i) No Owner or Occupant of a Premises shall allow a Structure or Fence to become a
safety hazard.
(ii) Every Owner or Occupant of a Premises shall ensure the following are maintained in
Good Repair:
A. Fences and their structural members; and
B. Structures and their structural members, including foundations and foundation
walls, exterior walls and their components, roofs, windows and their casings,
doors and their frames, protective or decorative finishes of all exterior surfaces
of a Structure or Fence, and exterior stairs, landings, porches, balconies and
decks.
(iii) No Owner or Occupant of a Premises shall permit any Nuisance or danger to public
health or safety on or about a Premises or any Structure, earth work, excavation,
depression, drain, ditch, watercourse, pond, surface water, refuse or other matter of
thing upon the Property.
(iv) The Owner, agent, lessee, or Occupant of a Premise shall prevent stagnant water from
remaining on any such Premises and becoming a breeding place for mosquitoes or
other Pests.
(v) No Owner or Occupant of a Premise shall allow a Structure to become or remain a
Derelict Building.
(j)
Outdoor Storage of Building Materials:
(i) No Owner or Occupant of a Premises shall allow on the Premises the accumulation of
Building Materials, whether new or used, unless that Owner or Occupant can establish
a construction or renovation undertaking is being carried out on the Premises and that:
A. the project has begun or the beginning of work is imminent;
B. the materials found on the Premises relate to the project taking place on the
Premises of a quantity reasonable to complete the project; and
C. the work on the project has not been suspended for a period in excess of one-
hundred and twenty days (120).
(ii) An Owner or Occupant of a Premises shall ensure that all Building Materials stored on a
Premises that are not in contravention of Subsection (i) are stacked or stored in an
orderly manner.
A. Notwithstanding anything in Section 7, it shall not be an offence to store a small
amount of neatly stacked materials on a Premises for basic Property
Bylaw #C6-26
Page 12
maintenance or for operation of a permitted business.
(k)
Unoccupied Buildings:
(i) If a building normally intended for human habitation or use, is in the opinion of a Peace
Officer, unoccupied, then any door or window opening in the building must be in Good
Repair or be covered with a solid piece of wood that complies with the following
requirements:
A. Installed from the exterior and fitted within the frame of the opening in a
watertight manner; and
B. Of a thickness sufficient to prevent unauthorized entry into the building; and
C. Secured in a manner sufficient to prevent unauthorized entry into the building;
and
D. Painted or treated with an opaque protective finish in a manner that is not
detrimental to the surrounding area.
(ii) If a building normally intended for human habitation or use is unoccupied then every
driveway, walk and sidewalk on or adjacent to the Property shall be maintained clear
of all snow and ice by the Owner.
(iii) Any wood or boards present on a building's doors or window openings subject to
section 7(k)(i), must be removed within twenty-four (24) months of written direction from
a Peace Officer, and all doors and windows must be in Good Repair.
8. WRITTEN ORDERS AND INSPECTIONS
(a)
In accordance with Section 542 of the Municipal Government Act, the City Manager and/or
their designate may, after giving reasonable notice to the Owner or Occupant of the
Premises, enter upon the said Premises and carry out an inspection for conditions that may
contravene or fail to comply with the provisions of this Bylaw.
(i) Any Person who refuses to allow an inspection of the Premises under Section 8(a) is
guilty of an offence.
(b)
If the City Manager and/or their designate believes, on reasonable grounds, that a Person
is contravening any provision of this Bylaw, the City Manager and/or their designate may, by
written Order, require any Person responsible for the contravention to remedy it.
(i) Any Person who fails to comply with an Order made under Section 8(b) is guilty of an
offence.
9. LITTERING
(a)
No Person shall place, deposit, throw, or cause to be placed, deposited, or thrown, any Litter,
refuse, or other substance upon any street, Lane, Sidewalk, parking lot, park, playground,
or other Public Place or watercourse, or on Property not their own, except in a receptacle
provided for such purposes.
(b)
A Person who has placed, deposited, or thrown, or caused to be placed, deposited, or
Bylaw #C6-26
Page 13
thrown, any Litter upon any Highway, Lane, Sidewalk, parking place, park, playground or
other Public Place or watercourse, or an any Property not their own, shall forthwith remove
it, or upon direction of the Property Owner, agent or lessee, or a Peace Officer.
(c)
For the purposes of this section, "owner" includes any person registered as owner at the
Motor Vehicle registry. If Litter, refuse, or other substance is disposed of in a public place
from a vehicle in contravention of this section, and it cannot be determined who is the
operator of the vehicle transporting the Litter, refuse or other substance. The owner of the
vehicle is deemed to be the Person who disposed of the Litter, refuse or other substance
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.
10. PANHANDLING
(a)
No Person shall engage in Panhandling.
11. PUBLIC DISTURBANCES
(a)
No Person shall participate in a Fight which a Peace Officer has reasonable grounds to
believe is a verbal or physical confrontation in any Public Place or any place to which the
public is allowed access.
(b)
No Person shall be a member of an assembly of three (3) or more Persons in any Public
Place or any place to which the public is allowed access where a Peace Officer has
reasonable grounds to believe the assembly will disturb the peace of the neighbourhood,
and any such Person shall disperse as requested by a Peace Officer.
(c)
No Person shall loiter where a Peace Officer has reasonable grounds to believe the Person
will obstruct any other Person in any Public Place.
(d)
No Person shall, fail to leave city owned property or premise immediately after being directed
to do so by the owner or occupier of the land or a person authorized by the owner or occupier.
(e)
No person shall, in any public place:
(i) Bully any Young Person
(ii) Participate in or encourage by verbal or other means in the Bullying of any Young
Person in any Public Place.
12. URINATION / DEFECATION
(a)
No Person shall Urinate or deposit any human waste in any Public Place or in any place to
which the public is allowed access, other than a public washroom.
13. DAMAGE TO CITY PROPERTY
(a)
No Person shall cause or permit to be caused any damage to City property or assets.
14. UNAUTHORIZED USE OF CITY PROPERTY
(a)
No Person shall Camp on City owned Property without authorization.
Bylaw #C6-26
Page 14
(b)
No Person shall fail to clean up and remove all items around or adjacent to a Camping
location as directed by a Peace Officer.
15. WILDLIFE ATTRACTANTS
(a)
No owner or occupant of a premises shall place, store, permit or dispose of animal
Attractants outdoors in such a manner that they are accessible to wildlife on any private
property.
(b)
Bird feeders are to be removed once they become an attractant.
16. CHRONIC NUISANCE PROPERTY
(a)
With fifteen (15) days written notice to the Owner, where a Property has been the subject of
more than 6 complaints or enforcement actions by the City or the R.C.M.P. related to this
bylaw within a 6 month period, or more than 4 complaints or enforcement actions by the City
or the R.C.M.P. within a 48 hour period, the City Manager or designate may designate the
Property as a "Chronic Nuisance Property".
(b)
Where the Property designated as a Chronic Nuisance Property is sold or transferred to a
new Owner the designation shall be rescinded unless:
(i) A Person or Persons in occupancy at the time of designation remain the same after the
sale or transfer;
(ii) The sale is to a corporation for which a Person who owned or was in occupancy of the
Property at the time of the designation is a director, officer or shareholder; or
(iii) In the determination of the City Manager or designate, the sale or transfer was done for
the sole purpose of having the Chronic Nuisance Property designation rescinded and
the conditions giving rise to the Chronic Nuisance designation have not been
remediated
(c)
An Owner may appeal the Chronic Nuisance designation to the City Manager or designate
within fourteen (14) days, pursuant to the provisions of Section 21.
(d)
Any Property designated as a Chronic Nuisance Property under this bylaw is subject to
double the fine amount listed in Schedule A for any offence.
17. TREE DISEASE CONTROL
(a)
A Person who removes an Elm Tree from any land in the City shall ensure the following
occurs:
(i) Removal of the stump of the elm Tree to a minimum depth of 15 centimeters below the
soil line; and
(ii) Treatment of the Elm Tree stump in a manner satisfactory to an Inspector or the City
Arborist; and
(iii) That the Elm Tree be disposed of in a manner authorized by the Inspector or City
Arborist.
Bylaw #C6-26
Page 15
(b)
Subject to Section 17(c), the owner of an Elm Tree shall keep the Elm Tree pruned;
(i) So that the Elm Tree is free of wood that is dead or dying; or
(ii) Within a reasonable time, after damage to the Elm Tree occurs, so that the Elm Tree is
free of wood that is dead or dying
(c)
No Person shall prune an Elm Tree between April 1 and September 30 in any year unless
pruning is explicitly authorized in writing by an Inspector pursuant to Section 17(e).
(d)
Where an Inspector is satisfied that it is safe, having regard to the control of Dutch Elm
Disease, to prune an Elm Tree;
(i) Which is an Infected Tree or Hazard Tree; or
(ii) Between April 1 and September 30 in any year;
(iii) The Inspector may give written authorization to a Person to prune the Elm Tree and
may grant such authorization subject to such terms and conditions as the Inspector
deems appropriate.
(e)
A Person receiving an authorization by an Inspector to prune an Elm Tree shall comply with
all terms and conditions imposed thereon.
(f)
No Person shall transport Elm Tree pieces into the City unless the Person has obtained
written authorization of an Inspector to store, use, exchange, sell or transport the Elm Tree
pieces.
(g)
An Inspector may give written authorization to a Person to store, use, exchange, sell, or
transport Elm Tree pieces where the Inspector is satisfied that:
(i) It is safe to do so;
(ii) the storage, use, exchange, sale, or transport will not spread Dutch Elm Disease or
dangerously increase the risk of spreading Dutch Elm Disease; and
(iii) The Elm Tree pieces to be stored, used, exchanged, sold, or transported are not from
an Infected Tree or Hazard Tree.
(h)
Elm Tree pieces shall only be disposed of through chipping the wood or through burial at an
approved collection center for Elm wood, unless an inspector authorizes another mechanism
or disposal in writing. Wood chips shall be no greater than 2.5 centimeters in size.
18. OFFENCES & PENALTIES
(a)
Any Person who contravenes any provision of this Bylaw is guilty of an offence and is liable
upon summary conviction, to a specified penalty for that offence as set out in Schedule "A"
to this Bylaw.
(b)
Notwithstanding Schedule "A" of this Bylaw, any Person who commits a second or
subsequent offence under this Bylaw within one (1) year of committing a first offence under
this Bylaw, is liable on summary conviction to double the fine set out in Schedule "A" to this
Bylaw, for that offence.
Bylaw #C6-26
Page 16
(c)
A Person who is guilty of an offence is liable to a fine in an amount not less than that
established in Schedule "A", and not exceeding ten thousand dollars ($10,000.00).
19. VIOLATION TAGS
(a)
A Peace Officer is hereby authorized and empowered to issue Violation Tags to any Person
whom the Peace Officer has reasonable and probable grounds to believe has contravened
any provision of this Bylaw.
(b)
A Violation Tag may be issued to such Person:
(i) either personally; or
(ii) by placing a copy of the Violation Tag on a Motor Vehicle; or
(iii) by mailing a hard copy to such Person at their last known postal address.
(c)
A Violation Tag shall be in a form approved by the City and shall state:
(i) the name of the Person;
(ii) the offence;
(iii) the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw;
(iv) that the penalty shall be paid within seven (7) days of the issuance of the Violation Tag;
and
(v) any other information that may be required by the City.
(d)
Where a Violation Tag is issued pursuant to this Bylaw, the Person to whom the Violation
Tag is issued may in lieu of prosecution of the offence, pay the City the specified penalty set
out on the Violation Tag.
(e)
Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation
Ticket.
20. VIOLATION TICKETS
(a)
In those cases where a Violation Tag has been issued and the penalty specified on the
Violation Tag has not been paid within the prescribed time, a Peace Officer is hereby
authorized and empowered to issue a Violation Ticket.
(b)
Notwithstanding Section 18(a), a Peace Officer is authorized and empowered to immediately
issue a Violation Ticket to any Person who the Peace Officer has reasonable and probable
grounds to believe is responsible for a contravention of this Bylaw.
(c)
A Violation Ticket issued with respect to a contravention of this Bylaw shall be served upon
the Person responsible for the contravention in accordance with the Provincial Offences
Procedure Act, as amended, repealed, or replaced from time to time.
(d)
The Person to whom the Violation Ticket has been issued may plead guilty by making a
voluntary payment in respect of the summons by delivering to the Provincial Court, on or
Bylaw #C6-26
Page 17
before the initial appearance date, the Violation Ticket together with an amount equal to the
specified penalty for the offence as provided for in Schedule "A" to this Bylaw.
(e)
When a Clerk of the Provincial Court records the receipt of a voluntary payment pursuant to
Section 18(d) of this Bylaw and the Provincial Offences Procedure Act, the act of recording
constitutes acceptance of the guilty plea and also constitutes a conviction and the imposition
of a fine in the amount of the specified penalty.
21. ENFORCEMENT ORDER
(a)
An Order issued by the City Manager and/or their designate may:
(i) direct a Person to stop doing something, or to change the way in which the Person is
doing it;
(ii) direct a Person to take any action or measures necessary to remedy the contravention
of this Bylaw and, if necessary, to prevent a re-occurrence of the contravention;
(iii) state a time within which the Person must comply with the directions; or
(iv) state that if the Person does not comply with the directions within a specified time, the
City shall take action or measures at the expense of the Owner or Occupant.
(b)
An Order issued pursuant to this Section may be served:
(i) by delivering it personally to the Person;
(ii) by leaving it for the Person at their apparent place of residence with someone who
appears to be at least eighteen (18) years of age;
(iii) by mail addressed to the Person at their apparent place of residence or at any address
for the Person on the tax roll of the City or at the Land Titles registry; or
(iv) by posting it in a conspicuous place on the Premises or Property referred to on the
Order.
(c)
If in the opinion of the City Manager and/or their designate, service of the written Order
cannot be reasonably affected, or if the City Manager and/or their designate believes that
the Owner of the Premises or Property is evading service, the City Manager and/or their
designate may post the written Order in a conspicuous place on the Premises or Property, or
on the private dwelling place of the Owner of the Premises or Property, and the written Order
shall be deemed to be served upon the expiry of three (3) days after the written Order is
posted.
(d)
When an Owner fails to remedy a contravention of this Bylaw within the time allowed in a
written Order, the City may enter the Premises or Property, in accordance with provisions of
the MGA and upon given reasonable notice, to perform or complete the work necessary to
remedy the violation of this Bylaw the costs incurred by the City to remedy the violation, as
well as any applicable fines under this Bylaw, will be billed to the Owner and will be amounts
owing to the City. If the costs are not paid in the time specified by the City, the costs may be
charged against the Premises or Property as a special assessment to be recovered in the
same manner as other taxes.
Bylaw #C6-26
Page 18
22. APPEALS
(a)
A Person who receives a written Order to comply with a Section pursuant to this Bylaw may
by written notice within fourteen (14) days after the date the Order is received, submit a request
for Council to review the Order in an open meeting of Council.
(b)
After reviewing the Order, Council may confirm, vary, substitute or cancel the Order.
23. NUMBER AND GENDER REFERENCES
All references in this Bylaw shall be read with such changes in number, gender or legal entity as
may be appropriate, and pronouns shall be deemed to not be gender specific.
24. SEVERABILITY
If any portion of this Bylaw is declared invalid by a Court of competent jurisdiction, then the
invalid portion must be severed and the remainder of the Bylaw is deemed valid.
25. REPEAL
Upon third reading of Bylaw C6-26, Bylaw C1-21 and all amendments thereto are hereby
repealed.
26. EFFECTIVE DATE
Bylaw C6-26 becomes effective upon third and final reading.
READ a first time in Council this
23
day of
June
2026
READ a second time in Council this 23
day of
June
2026
READ a third time in Council this
23
day of
June
2026
________________________________
MAYOR
________________________________
DIRECTOR, LEGISLATIVE SERVICES
Date Signed:
June 23, 2026
Original Signed
Original Signed
Bylaw #C6-26
Page 19
BYLAW C6-26
SCHEDULE "A"
FINES AND PENALTIES
SECTION
OFFENCE
SPECIFIED
PENALTY
SECOND &
SUBSEQUENT
OFFENCE
2(a)
Fail to display address visible to street
$250.00
$500.00
2(b)
Fail to display address visible to Lane
$250.00
$500.00
3(a)
Dumping at Charity Collection Site
$250.00
$500.00
3(b)
Scavenging from Charity Collection Site
$250.00
$500.00
4(a)(i-ii),
4(a)(iv-vi)
Make prohibited noise
$250.00
$500.00
5(a)(i)
Prohibited water flow
$250.00
$500.00
5(b)(i)
Dust/Airborne Matter escaping Premises
$250.00
$500.00
5(c)(i)
Outdoor light shining at adjacent house
$300.00
$600.00
5(d)(i)
Flyers uncontained and escaping Premises
$300.00
$600.00
5(d)(iii)
Business distributing flyers improperly
$300.00
$600.00
6(a)
Place posters without permission
$250.00
$500.00
7(a)(i)
Accumulation of materials on Premises
$250.00
$500.00
7(a)(ii)
Improper storage of Industrial Fluids
$250.00
$500.00
7(a)(iii)
Accumulation in view from outside Property
$250.00
$500.00
7(a)(iv)
Accumulation of materials in Motor Vehicle
$250.00
$500.00
7(b)(ii)
Appliances in view from outside Property
$200.00
$400.00
7(b)(iii)
Failure to secure appliance lid
$200.00
$400.00
7(b)(ii)
Appliance in view outside Property
$200.00
$400.00
7(c)(i)
Grass exceeds 15 cm on Boulevard
$250.00
$500.00
7(c)(ii)
Accumulation of debris on Boulevard
$250.00
$500.00
7(d)(i)
Animal feces or meat in Compost Pile
$250.00
$500.00
7(d)(ii)
Improper placement of Compost pile
$250.00
$500.00
Bylaw #C6-26
Page 20
7(d)(iii)
Compost Pile become Nuisance
$250.00
$500.00
7(e)(i)
No waste container on construction site
$500.00
$1000.00
7(e)(ii-iii)
Waste materials blown off construction site
$500.00
$1000.00
7(f)(i),7(f)(ii) Apply or fail to remove Graffiti
$250.00
$500.00
7(g)(ii)
Grass on Premises exceed 15 cm height
$250.00
$500.00
7(h)(i)
Improper repair of Motor Vehicle on Premises
$500.00
$1000.00
7(h)(ii)
Accumulation of Automobile Parts
$250.00
$500.00
7(h)(iii)
Improper storage of Derelict Motor Vehicle
$250.00
$500.00
7(h)(iv)
Improper parking or storage of Vehicle in front or side yard
$250.00
$500.00
7(h)(v)
Improper storage of shipping container or moving pod
$250.00
$500.00
7(i)(i)
Safety hazard - Structure or Fence
$300.00
$600.00
7(i)(ii)
Premises not in Good Repair
$300.00
$600.00
7(i)(iii)
Nuisance of building or land
$300.00
$600.00
7(i)(iv)
Accumulation of stagnant water
$250.00
$500.00
7(i)(v)
Allow a Structure to become or remain a Derelict Building
$500.00
$1000.00
7(j)(i)
Improper outdoor storage of Building Materials
$250.00
$500.00
7(j)(ii)
Building Materials not stored in orderly manner
$250.00
$500.00
7(k)(i)
Improper blocking of unoccupied building
$1000.00
$2000.00
7(k)(ii)
Fail to remove snow - unoccupied building
$250.00
$500.00
7(k)(iii)
Fail to remove wood or boards from windows and doors within
twenty-four (24) months
$1000.00
$2000.00
8(a)(i)
Refuse to allow inspection of Peace Officer
$500.00
$1000.00
8(b)(i)
Fail to comply with written order from Peace Officer
$500.00
$1000.00
9(a)
Littering
$250.00
$500.00
10(a)
Panhandling
$150.00
$300.00
11(a)
Fight in Public Place
$250.00
$500.00
11(b)
Illegal assembly/Disturb the peace
$250.00
$500.00
11(c)
Loitering
$250.00
$500.00
Bylaw #C6-26
Page 21
11(d)
Fail to leave City owned property when directed
$150.00
$300.00
11(e)(i-ii)
Bully or encourage Bullying of any Young Person
$150.00
$300.00
12(a)
Urination/Defecation
$300.00
$600.00
13(a)
Cause or permit to cause damage to City property or assets
$500.00
$1000.00
14(a)
Camp on City Property without permission
$250.00
$500.00
14(b)
Fail to clean up and remove items at Camp as directed
$250.00
$500.00
15(a)
Place, store, permit or dispose of animal Attractants on private
property
$250.00
$500.00
17(a) -
17(h)
All offences under section 17
$350.00
$700.00