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COMMUNITY STANDARDS BYLAW
976-18
1
Current as of May 13, 2023
MUNICPALITY OF HIGH LEVEL
BYLAW NO. 976-18
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26 (hereinafter referred to as "the
Act), as amended, provides that a municipality may pass a bylaw for municipal purposes of the
safety, health, and welfare of people, and the activities in, on or near public places as well as
the protection of people, public and property, and;
WHEREAS the Council of the Town of High Level, in the Province of Alberta, deems it
appropriate to establish a bylaw regulating certain activities in order to prevent and compel
the abatement of noise, nuisances, unsightly premises and disturbances to the public,
NOW THEREFORE the Council of the Town of High Level, in the Province of Alberta, duly
assembled, hereby enacts as follows:
SHORT TITLE
1. This bylaw shall be called the "Community Standards Bylaw".
DEFINITIONS
2. In this bylaw, unless context otherwise requires, the following definitions shall apply:
(a) "Aggressive manner" means a manner that is likely to cause a reasonable person
to be concerned for their safety or security.
(b) "Breach of Peace" means any disturbance activity that would cause a reasonable
person to fear for their safety or the safety of others, or, detract from the peaceful
enjoyment of any area, including but not limited to fighting physically or verbally,
excessive shouting or swearing, or the obstruction, interruption or interference
with any person in the lawful use, enjoyment or operation of a public place, or a
place where the public would ordinarily be permitted access.
(c) "Contractor" means a person or persons, or corporation hired for or by a person
or corporation for the purposes of but not limited to constructing or renovating
buildings and other structures, providing services such as lawn cutting,
maintenance and other landscaping.
(d) "Council" means the Council of the Town of High Level, elected pursuant to the
Local Authorities Election Act, Revised Statutes of Alberta.
(e) "Debris" means waste material such as building or construction material, or refuse
arising from building construction or development.
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Current as of May 13, 2023
(f) "Designated Officer" means the Chief Administrative Officer, Acting Chief
Administrative Officer, or any other designate or delegate of the Chief
Administrative Officer designated or delegated to perform the duties of the
Designated Officer.
(g) "Development Authority" means any person, department or corporation
designated by the Town of High Level to provide administration, enforcement,
or action under the Land Use Bylaw of High Level.
(h) "Disturbance" means actions, behaviours or conduct that is likely to cause a
reasonable person to fear for their safety or deprive that person of their peaceful
enjoyment of the place they are located.
(i) "Developer" means a person or persons or corporation that provides services for
another person, persons or corporation, or for themselves, related to land or the
structure development for the purpose of resale.
(j) "Emergency or Extraordinary situation" means any situation encountered by a
Peace Officer which the Peace Officer verily believes there may be immediate risk
to public safety, persons inside any structure, or immediate risk for damage
against private or public property, or other similar situationally specific
circumstances.
(k) "Garbage" means all kitchen and table leavings, condemned meats, fish, fruits,
vegetables, and other such waste of decomposing matter, and general
household waste;
(l) "Graffiti" means words, figures, letters, or drawings scribbled, scratched, painted,
sprayed, written, drawn, or otherwise applied on Premises without the consent
of the owner of the Premises.
(m) "Habitual" means illicit or inappropriate activities, actions, behaviours or conduct
that occurs on a regular basis, frequently enough to be recognized by a
reasonable person of the general public or neighbouring properties.
(n) "Highway" as defined by the Traffic Safety Act of Alberta.
(o) "Holiday" means any statutory holiday as defined in the Interpretation Act.
(p) "Hospital Zone" means an area which:
(i) is designated as such by signs or other devices, or
(ii) any portion of the Town within one hundred (100) meters in any
direction from the boundaries of the site on which is situated a hospital
as defined in the Alberta Hospitals Act.
(q) "Industrial Zone" is defined as in the Land Use Bylaw.
(r) "Intoxicating substance" means any substance that may alter the state of mind of
an individual or a substance that is controlled, regulated, or prohibited under
enactment in the Province of Alberta at all levels of government.
(s) "Nuisance" means anything that causes annoyance, offence, trouble, or injury.
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Current as of May 13, 2023
(t) "Noxious Weeds" means any restricted, noxious, or nuisance weed listed in the
Alberta "Weed Control Act Weed Designation Regulation".
(u) "Order" means any formal direction given under this bylaw, a Stop Order, Clean
Up Order, Fire Smart Order, or any order issued in accordance with the Municipal
Government Act of Alberta.
(v) "Outdoor public place" means a place outdoors to which the public is ordinarily
invited or permitted access and, for greater certainty, includes but is not limited
to a sidewalk, street, parking lot, public facility, park and playground, and school
grounds.
(w) "Owner" means any person who is registered under the Land Titles Act as the
owner of the land.
(x) "Peace Officer" means any Police Officer Employed or contracted by the police
service of jurisdiction, or Peace Officer appointed under the Peace Officer Act of
Alberta or Bylaw Enforcement Officer appointed by the Town of High Level for
the purposes of this bylaw and may include a Designated Officer when issuing
orders under this bylaw.
(y) "Premises" means any property contained within the property lines as registered
with Alberta Land Titles but excludes all residential buildings, sheds, or garages
unless otherwise specifically included.
(z) "Public Place" means any place, including privately owned or leased property, to
which the public reasonably has or is permitted to have access.
(aa)
"Residential Building" means a building which is constructed as a dwelling
for human beings and includes a hotel or motel.
(bb)
"Residential Zone" is as defined as in the Land Use Bylaw.
(cc)
"Roadway" has the same meaning as in the Traffic Safety Act.
(dd)
"Rubbish" means tin cans, broken dishes, glasses, rags, wastepaper, food
containers, grass cuttings, shrubbery, manure, weeds, garden refuse, and any
other such waste of a non-decomposing matter not included in any other
definition in this bylaw.
(ee)
"Signalling device" means a horn, gong, bell, claxon, or other device
producing an audible sound for the purpose of drawing people's attention to an
approaching vehicle, including a bicycle.
(ff) "Solicit" means to request, in person, the immediate provision of money or
another thing of value or service, regardless of whether consideration is offered
or provided in return, using the spoken, written, or printed word, a gesture or
other means.
(gg)
"Town" means the corporation of the Town of High Level, or the area
contained within the boundaries of the Town as the context requires.
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Current as of May 13, 2023
(hh)
"Unsightly" means a premises that has not been maintained in order to
prevent its deterioration due to weather, rot or insects and not free from loose
and broken materials.
(ii) "Untidy" means the land that is not protected by suitable ground cover which
prevents erosion of the soil or devaluation of neighbouring property, and shall
include grass, plants, and vegetation that is not trimmed.
(jj) "Vehicle" includes automobile, motorcycle, van, truck, trailer, bus, mobile home,
traction engine, farm tractor, road-building machine, bicycle, motor-assisted
bicycle, motorized snow vehicle, streetcar and any other vehicle drawn,
propelled, or driven by any kind of power, including muscular power.
(kk) "Weekday" means any other day other than a Sunday or Holiday.
PART I - SAFE STREETS
OFFENCES
3.
(1) No person shall commit an act of vandalism by:
(a) Intentionally causing damage or destruction to tangible property without
consent, or;
(b) Applying graffiti to any property without consent;
(2) Notwithstanding section 3(1) Graffiti may be permitted in designated areas or at
events.
(3) Every owner or occupier of Premises shall ensure that Graffiti applied on the Premises
is removed, painted over, or otherwise permanently blocked from public view within
seven (7) days of receiving written notice from a Peace Officer.
(4) A property owner who breaches the provisions of Section 3(3) where, following the
issuance of and failure to comply with an Order under this bylaw, is guilty of an
offence.
4. No person shall solicit in an aggressive manner by engaging in one or more of the
following activities:
(a) Threatening the person solicited with physical harm, by word, gesture or other
means, during the solicitation or after the person solicited responds or fails to
respond to the solicitation.
(b) Obstructing the path of the person solicited during the solicitation or after the
person solicited responds or fails to respond to the solicitation.
(c) Using abusive language during the solicitation or after the person solicited
responds or fails to respond to the solicitation.
(d) Proceeding behind, alongside or ahead of the person solicited during the
solicitation or after the person solicited responds or fails to respond to the
solicitation.
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Current as of May 13, 2023
(e) Soliciting while intoxicated by alcohol or drugs.
(f) Continuing to solicit a person in a persistent manner after the person has
responded negatively to the solicitation.
5. No person shall solicit in one or more of the following manners
(a) Solicit a person who is using, waiting to use, or departing from an automated
teller machine;
(b) Solicit a person who is using or waiting to use a pay telephone or a public toilet
facility;
(c) Solicit a person who is in, or process of getting in, out of, on or off a vehicle or
who is in a parking lot or roadway;
(d) Solicit for the purposes of obtaining an intoxicating substance or selling sexual
services.
6. No person shall dispose of or cause to be deposited any of the following things in an
outdoor public place:
(a) A used condom;
(b) A new or used hypodermic needle or syringe; or
(c) Broken glass.
7. No person shall cause a breach of the peace in or near a public place, road, or alleyway
by:
(a) Physically or verbally fighting, using obscene or offensive language, or shouting;
(b) Being under the influence of an intoxicating substance;
(c) Interfering with someone in lawful use of a park, sidewalk, business or residence;
(d) Creating an indecent personal exposure; or
(e) Conveying threats to any person through verbal communication or physical
gestures.
7.1 No person shall cause a breach of the peace in or near a Residential Building by:
(a) Physically or verbally fighting, using obscene or offensive language, or shouting;
(b) Being under the influence of an intoxicating substance, or;
(c) Conveying threats to any person through verbal communication or physical
gestures,
7.2 All persons are prohibited from, brandishing, concealing, or discharging in a public
place:
(a) Compressed air powered firearms;
(b) Paintball guns;
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Current as of May 13, 2023
(c) Irritant sprays designed to incapacitate animals or persons;
(d) Fireworks or firecrackers;
(e) Crossbows, longbows, or other devices designed to propel an arrow; and
(f) Any other item that discharges a projectile by a source of ignition or compressed
gas.
7.3 Any item listed in Section 7.2 is not subject to that provision if:
(a) That item is being transported in a lawful manner to a place where it may be
lawfully used;
(b) That item is being transported to, or used in a place where it is reasonable in the
circumstances, in the manner it was intended;
(c) That item is a standard tool used for the persons employment, and that person is
transporting it to or from their place of employment; or
(d) That item is being used by minors for the purpose of common recreational use.
8. No person shall loiter in a public place in such a manner that:
(a) Causes physical destruction or damages to property;
(b) Obstructs the entryway into or around a business, residence, or vehicle; or
(c) Creates a nuisance to a business or residence through noise, waste, debris or
through the consumption of an intoxicating substance.
9. No person who is a registered owner of any property or premise shall permit that
property or activities on that property to pose a danger to public safety, by adversely
affecting any other resident's peaceful enjoyment of their own property, or by negatively
affecting the health, safety, or security of any persons within the confines of the Town of
High Level.
9.1
(1) Any person may submit a complaint about a property in accordance with Section 9
of this bylaw if that person believes that the public safety has been jeopardized in the
Town of High Level as a result of any one or more of the following:
(a) The presence of, or frequent interaction with violent or aggressive dogs;
(b) Unresolved or reoccurring unsightly premises causing repugnant odours,
attracting animals, or dangerous conditions;
(c) Causing disturbances to residents, occupants, or neighbouring properties of the
community through:
(i) Habitual physical violence or verbal fighting, obscene or offensive
language or shouting;
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(ii) The habitual manufacturing, import, purchase, sale, transport, giving,
possession, storage, consumption or use of a substance, as defined in the
Regulated Substances Bylaw 992-19 in contravention of that bylaw;
(iii) Excessive foot or vehicular traffic at irregular hours;
(iv) Persons intoxicated by any substance on a habitual basis;
(v) The commission of offenses under this bylaw, or any other enactment the
Town is authorized to enforce that may pose a risk to public safety, create
an emergency or extraordinary situation, or make the property or premise
detrimental to the surrounding market value; or
(vi) Other habitually committed activities or conduct that would cause a
disturbance or nuisance to the public or neighbourhood.
(2) A property owner responsible for a property named in a complaint under Section 9 of
this bylaw may be liable to prosecution under this bylaw or proceedings under the
Municipal Government Act, or both if the property is determined to be in contravention
of Section 9 after an order to remedy a condition pursuant to this section has been
served to the property owner.
(3) A Peace Officer may issue an order by a Designated Officer appointed under the
Municipal Government Act of Alberta pursuant to Section 9 and 9.1 of this bylaw
providing orders that:
(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 enactment or bylaw, including the removal or demolition
of a structure that has been erected or placed in contravention of a 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; and
(d) state that if the person does not comply with the directions within a specified
time, the municipality will take the action or measure at the expense of the
person.
(4) If, in the opinion of a Peace Officer, a structure, excavation or hole is dangerous to public
safety or property, because of its unsightly or unsafe condition, or is detrimental to the
surrounding area, the designated officer may by written order:
(a) require the owner of the structure to:
(i) eliminate the danger to public safety in the manner specified; or
(ii) remove or demolish the structure and level the site;
(b) require the owner of the land that contains the excavation or hole to
eliminate the danger to public safety in the manner specified, including the
filling or demolition of the any necessary portion of the premise;
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(c) require the owner of the property that is in an unsightly condition to:
(i) improve the appearance of the property in the manner specified; or
(ii) if the property is a structure, remove or demolish the structure and level
the site.
(5) If in the opinion of a Peace Officer, the property, premise or activities on the property or
premise are creating an emergency or extraordinary situation, which may include:
(a) Severe health risks posed to neighbouring properties due to unresolved or
reoccurring unsightly premises;
(b) Immediate or re-occurring incidents, threats or risks of violent confrontation
between occupants of the property or premise, or between the occupants
of the premise and neighbouring properties;
(c) Immediate or re-occurring incidents of property vandalism, tampering or
property damage to the property, premise or surrounding properties; or
(d) Any other condition found in Section 9.1(1) that would cause a reasonable
person to fear for their safety or well-being.
A Peace Officer may without notice to the property owner or occupants
apply to the Court of Kings Bench for an order that permits entry to a structure
for the purpose of entry, inspection, enforcement, or action of this bylaw and
prohibits any person from obstructing that entry, inspection, enforcement, or
action.
(6) A Peace Officer may apply to the Court of Kings Bench for an order against a property
which specifies necessary conditions and requirements that eliminates the risk to public
safety or property, ordering the property owner to ensure compliance to this bylaw after
an order to remedy a condition has failed.
(7) In lieu of prosecution of an offence under Section 9, 9.1, 10, 10.1 or 10.2 of this bylaw,
a person may enter into a Consent Order in which the property owner consents to
conditions to be imposed and enforced through the Court of Kings Bench which
mitigate or eliminate the risk to the public.
10. Any person who permits their property whether residential or commercial, to remain
vacant or unattended shall immediately upon becoming vacant:
(a) Ensure on-going compliance of all municipal bylaws;
(b) Ensure adequate steps are taken to ensure the safety and security of the property;
and
(c) Not permit the property to house vagrancy, wildlife, animals or activities specified
in Section 9.1 of this bylaw.
10.1
Any property described in Section 10 which is permitting an offence listed in
Section 10 may be subjected to remedial action by the Town or its contractors to repair
fencing, doors, exterior fortifications, barricades, or property maintenance to ensure
compliance to municipal bylaws or eliminate risks to public safety or other properties in
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Current as of May 13, 2023
the community, at the property owner's expense in addition to prosecution of the
offence.
10.2
A Peace Officer who believes on reasonable grounds that any land or structure
that appears to be vacant, abandoned, or insecure and is:
(a) permitting animals or wildlife;
(b) permitting unauthorized persons to gain access to the land or structure; or
(c) creating, about to create, or will create an emergency or extraordinary situation
as listed in Section 9.1(5), and, the Peace Officer believes the condition presents
imminent danger to public safety or the property, and obtaining an order from
the Court of Kings Bench or Designated Officer would pose an unreasonable
delay, may without the consent of the owner or unauthorized occupants, enter
the land or structure to and carry out an inspection, enforcement or action
authorized by this or any other enactment the Town is authorized to investigate
or enforce.
10.3
A Peace Officer may issue an order to a property owner with respect to a
property listed under Section 10, 10.1 or 10.2 in the same format and under the same
conditions as found in Section 9.1(3) and 9.1(4).
EXEMPTION
11. Article 5(c) does not apply to fund-raising activities that meet the following conditions:
(a) They are conducted by a charitable organization registered under the Income
Tax Act (Canada) on a roadway where the maximum speed limit is 50 kilometres
per hour.
(b) They are permitted by a bylaw of the municipality in which the activities are
conducted.
11.1
It is a defence to a charge under Section 6 for the person who disposed of the
condom, the needle or syringe or the broken glass to establish that he or she took
reasonable precautions to dispose of it in a manner that would not endanger the health
or safety of any person.
PART II -
NOISE OFFENCES
12. No person shall make, cause, continue to cause, or allow to be made any loud,
unnecessary or unusual noise which either annoys disturbs, injures, endangers or
detracts from the comfort, repose, health, peace or safety of other persons within the
corporate boundaries of the Town of High Level.
12.1
No person shall allow property belonging to them or under their control to be
used so that there occurs thereon or emanates there from any loud, unnecessary, or
unusual noise which either annoys, disturbs, injures, endangers, or detracts from the
comfort, repose, health, peace, or safety of other persons within the corporate
boundaries of the Town of High Level.
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Current as of May 13, 2023
12.2
Any Peace Officer conducting an investigation pursuant to Section 12 or 12.1 of
this bylaw shall exercise discretion and consider all factors including the hours specified
in Section 14, the time of the year, day of the week, demographic and other factors as
necessary to determine what unreasonable noise is.
13. Where an area is designated by signs or by other means as being a hospital zone no
person shall:
(a) Make or cause to be made any noise or loud sound within the area.
14. No person shall operate a power mower, snow-clearing device, power tools or
machinery or carry on construction activities such as hammering, sawing or labours
which cause noise or disturbance in any area designated as a Residential Zone between
the hours of:
(a) 2200 hours and 0700 hours on weekdays; OR
(b) 2300 hours and 0800 hours when the following day is a Saturday, Sunday or
holiday.
15. No person shall operate a vehicle of any type on a street in a Residential Zone at any
time of the day or night in such a way as unduly to disturb the residents in the Residential
Zone in which he is operating the vehicle.
EXEMPTION
16. Nothing in this bylaw shall apply to a work on a Town Street or Provincial highway or
a public utility carried on by a:
(a) Town department;
(b) Public Utility; OR
(c) Contractor working for a Public Utility.
PART III -
SIGHTLY PREMISES STANDARDS
17. A Peace Officer may consider this Part as standards to conducting an unsightly or untidy
premise investigation.
18. The Designated Officer may delegate any person employed or contracted by the Town
of High Level to conduct inspections in accordance with this part and serve Clean Up
Orders in accordance with Section 25 of this bylaw.
19. Any premise, residential or commercial, but not including Town land or properties
permitted to have a natural state, within the Town of High Level shall maintain the
following minimum standard regulations:
(a) Grass and weeds shall be a maximum of 15 centimeters tall;
(b) Noxious weeds shall be destroyed or controlled as directed by the Weed Control
Act ;
(c) Pine needle mulches shall be prohibited;
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(d) Premises shall be free from excess accumulates such as:
(i) Piles of dead leaves;
(ii) Dead pine needles;
(iii) Piles of dead grass trimmings;
(iv) Excess tree bark;
(v) Twigs;
(vi) Tree trimmings;
(vii) Rotted trees;
(viii)
Dead Trees; or
(ix) Chopped trees except where stacked as a controlled wood pile;
(e) Log piles shall be stacked a minimum of 3 meters from the residential dwelling,
unless mitigation of risk has been undertaken to the satisfaction of the Town;
(f) Log piles shall be kept in a stacked or controlled manner;
(g) Excess log trimmings, bark and wood debris shall be removed from the yard;
(h) Vegetation shall be trimmed and cleared from access routes into the premise and
dwelling;
(i) Excess building materials shall be stacked and or placed in a manner that is
controlled, non obstructive to entrances to the premise and dwelling, and not
near any source of ignition;
(j) Spare or loose pallets shall be stacked neatly a minimum of 3 meters from the
residential dwelling;
(k) Filled garbage bags shall be sealed and stacked in a controlled manner that is
not obstructive to entrances to the premise or pathways on the premise;
(l) Household items, mattresses, box springs, foams, appliances, furniture, old motor
vehicles, implements, scrap metals, waste, loose soils, loose stones, loose garbage
or any other potentially combustible waste or implement is not permitted to be
loose or uncontrolled on any area of premise visible by neighbors or the
roadway;
(m) Household items, mattresses, box springs, foams, appliances, furniture, old motor
vehicles, implements, scrap metals, waste, loose soils, loose stones, loose garbage
or any other potentially combustible waste or implement is not permitted to be
loose or uncontrolled on entrances to the premise, dwelling or routes of access
or escape from the premise or dwelling;
(n) Large objects, spare building materials, tools or items shall not be placed in a
leaning or insecure fashion that may pose a falling or safety hazard to persons
entering, exiting or passing by;
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(o) Petroleum products, dangerous or hazardous substances, oils, fats or other
combustible substances, not inside a garage, shed or outbuilding. shall be stored
in sealed containers a minimum of 3 meters from the residential dwelling:
(i) This section does not apply to barbecue or fire pit propane cylinders; and
(p) Petroleum products, dangerous or hazardous substances, oils, fats or other
combustible substances shall not be disposed of on any property unless in
accordance with the Environmental Enhancement and Protection Act of Alberta.
20. Any premise, dwelling or structure that has been damaged extensively by fire, neglect,
deterioration, abandonment to an extent to which is would be unsafe or unhealthy to
inhabit shall, upon order from a Peace Officer in accordance with Section 546.01 of the
Municipal Government Act of Alberta have that premise removed or demolished in the
time and manner specified in the order, subject to any conditions imposed.
21. Any fence constructed on, or located on a property, whether commercial or residential
shall be:
(a) Maintained in good repair;
(b) Free from rotted material;
(c) Free from loose, hanging or significantly damaged boards;
(d) Maintained in an up-right position;
(e) Not contain any sharp or protruding points that may harm pedestrians; and
(f) In compliance with the Land Use Bylaw of the Town of High Level.
22. The owner or occupant may be required to construct a fence, wall, or screen, or similar
structure to prevent the untidy or unsightly premises from being viewed from any
highway or other public place at the discretion of the Development Authority.
23. Any residential dwelling, shed, garage, outbuilding or commercial building shall
maintain the following minimum standard regulation:
(a) Roofs shall be free from:
(i) Overhanging trees;
(ii) Blankets;
(iii) Tarps; and
(iv) Other loose or scrap material;
(b) Gutters with accumulates visible from the roadway shall be cleaned; and
(c) Chimneys shall be free from loose bricks, visible damage or accumulates.
24.
(a) Contractors and Developers shall at all work sites have and use an adequate
container designed to contain all construction debris and rubbish; and
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Current as of May 13, 2023
(b) Upon such container being filled it must be completely secured in such a manner
so that no portion of the load can escape, blow, drop, or spill, or fall onto a
highway or land adjacent thereto. It must then be transported away to an
appropriate location designated for the disposal of such materials.
CLEAN UP ORDERS
25.
(1) Peace Officer may issue a Clean Up Order for any provision of Part III of this bylaw.
(2) A Clean Up Order shall be deemed sufficiently served if served:
(a) personally on the person, firm or corporation or by leaving at their residence or
business with a person on the premises who appears to be at least 18 years of
age;
(b) by sending it by registered mail to the last known address of the person, firm, or
corporation; or
(c) by publication in one issue of a newspaper published or circulating in the Town.
(3) When a person complies with an Order, no prosecution shall be commenced with
respect to the offense.
(4) When a person or persons fails to comply with any Order issued under this bylaw, the
Town may execute the remedial action necessary to the extent specified in the Order
and shall charge the costs of the work done to the person or persons to whom the clean
up order was issued.:
(a) These costs involved are a debt due to the Town and may be recovered as such;
(b) The statement and demand for payment may be served by ordinary mail
addressed to the registered owner or occupant, last known address, and a copy
to the owner of the land at the address on the assessment roll; and
(c) If the person or persons on whom the statement is served fails to pay the amount
set out in the statement within 30 days, the Town may cause the amount of the
statement to be placed on the tax roll as an additional tax against the land
concerned and the amount may be collected in the same manner as any
property taxes due and payable.
(5) Where a person or persons are convicted of an offense under this bylaw, the court may
order, in addition to a penalty, that the convicted person clean up the nuisance,
unsightly, or untidy premises or land as the court considers appropriate.
(6) A clean up order issued under this bylaw shall provide that the property owner has
fourteen (14) days to remedy the conditions or file for a review pursuant to Section 547
of the Municipal Government Act.
(7) Notwithstanding Section 25(6) of this bylaw, any order issued under Section 546.01 of
the Municipal Government Act, or under Sections 9.1, 10.3, or 20 of this bylaw, may
provide that the property owner has seven (7) days to remedy the condition or file for a
review.
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(8) A Peace Officer shall ensure that remedial action is taken place on the 15th day, or as
soon as practicable, after issuance of the Order.
PART IV -
LITTERING OFFENCES
26.
(1) No person shall place, deposit or throw or cause to be placed, deposited or thrown
upon any Town property, including any street, lane, sidewalk, boulevard, parking lot,
park, or other public place or water course:
(a) A cardboard or wooden box, carton, container, or receptacle of any kind;
(b) A paper, wrapper, envelope, or covering of any kind, whether paper or not, from
food or confectionery;
(c) Paper of any kind, whether or not containing written or printed matter thereon;
(d) Any human, animal or vegetable matter or waste;
(e) Any glass, crockery, nails, tacks, barbed-wire or other breakable or sharp objects;
(f) Scrap metal, scrap lumber, tires, dismantled wrecked or dilapidated motor
vehicles or parts there from;
(g) Any motor vehicle or any part of any motor vehicle which may, in whole or in
part, obstruct any highway, street, lane, alley, bi-way or other public place; or
(h) Dirt, filth or rubbish of any kind whether similar or dissimilar to the foregoing.
(2) A person who has placed, deposited, or thrown or caused to be placed or thrown
anything or any matter mentioned in subsection (1) upon any street, lane, sidewalk,
boulevard, parking lot, park, or other public place or water course shall forthwith remove
it.
PART V -
SPITTING & URINATING OFFENCES
27.
(1) 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.
(2) No person shall spit at any person or on any public or private property that they
do not own.
PART VI -
FLYERS ON VEHICLES OFFENCES
28. No person shall place, deposit, or throw or cause to be placed, deposited or thrown
upon or into any motor vehicle, which is parked on any street, lane, parking lot or other
public place, any leaflet, pamphlet, poster, handbill, flyer or any paper containing printed
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or written matter, whether advertising or not, with the exception of any violation ticket
or summons issued pursuant to lawful authority.
PART VII -
AUTHORITY TO REMOVE
29. A Peace Officer may remove and put in storage or destroy anything placed upon Town
property, in contravention of this bylaw or used in commission of the offence of any
section in this bylaw.
ENFORCEMENT
30. A Peace Officer may, for the purpose of performing their duties and exercising their
powers under this bylaw, enter onto any premises, including any shed, garage or
temporary structure but excluding a residential dwelling at any time after giving
reasonable notice:
(a) If a person refuses entry to a Peace Officer, that Peace Officer may request a
warrant or an order from the Court of Kings Bench, whichever is necessary for
the Peace Officer to complete their duties as the case may be; and
(b) Notwithstanding anything in Section 10.2, A Peace Officer may apply to a Court
of Kings Bench or Provincial Court for an order or warrant to enter a residential
building for the purposes their duties under this bylaw or any other enactment
the Town is permitted to enforce.
31. No person shall hinder or obstruct a Peace Officer in the course of their duties in the
enforcement of any bylaw, Court Order, Municipal Government Act Order or Clean Up
Order or any other enactment the Peace Officer is permitted to investigate or enforce
by:
(a) Intentionally providing false or misleading information or statements;
(b) Failing to identify themselves to an extent satisfactory to a Peace Officer during
an investigation; or
(c) Physically interfering with or acting in an unreasonable manner that directly
impedes the ability of a Peace Officer to execute duties.
32. Any person committing an offence listed in Section 31 may be detained by a Peace
Officer until the duties are executed to an extent where that person's action will no
longer hinder or obstruct the Peace Officer.
33. Any person who is not a peace officer is authorized to enter onto any premise to remedy
a condition in accordance with this bylaw as requested by a Peace Officer and shall
therefore, not incur any liability.
33.1 No person shall hinder or obstruct a contractor or person providing assistance to a
Peace Officer in the course of their duties in the enforcement of any bylaw, Court Order,
Municipal Government Act Order or Clean Up Order by:
(a) Intentionally providing false or misleading information or statements;
(b) Failing to identify themselves to an extent satisfactory to a Peace Officer; or
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(c) Physically interfering with or acting in an unreasonable manner that directly
impedes the ability of a contractor or person providing assistance to a Peace
Officer attempting to execute duties.
33.2 Any person committing an offence listed in Section 33.1 may be detained until the
duties can be executed to an extent where that person's action will no longer hinder
or obstruct the contractor or person providing assistance to a Peace Officer.
34. A Peace Officer who has reason to believe that a person has contravened any provision
of this bylaw may at the discretion of the Peace Officer:
(a) Issue an Order to that person in the form specified by the Town;
(b) Commence a prosecution against that person in the form of a summons or long
information for the contravention;
(c) Issue a Part 3 Provincial Offence Notice allowing for the voluntary payment as set
out in schedule "A";
(d) Issue a municipal tag allowing for a voluntary payment amount as set out in
schedule "A" in lieu of prosecution of the offence; or
(e) Commence proceedings in accordance with authorities permitted under the
Municipal Government Act.
35. A Voluntary Payment Tag shall be deemed to be sufficiently served:
(a) If served personally on the accused;
(b) Served personally to a person who is 18 years of age or older or appears to be
18 years of age or older that resides either permanently or temporarily at the
residence;
(c) If mailed by ordinary mail to a registered owner of the residence or to the tenant
of that residence; or
(d) If affixed to what the Peace Officer reasonably believes to be the Primary Entrance
to the residence.
36.
(1) Any Person is guilty of an offence who contravenes any provision of this bylaw by:
(a) Doing any act or thing which the person is prohibited from doing; or
(b) Failing to do any act or thing the person is required to do.
(2) A Peace Officer who finds a person committing an offence listed in Section 3 through 8
including all subsections may in lieu of prosecution may arrest the person without
warrant and detain as necessary if the Peace Officer believes on reasonable grounds
that it is necessary to prevent the person from continuing or repeating the offence,
establishing identity or the preservation of evidence related to that offence.
(3) Any Person who is convicted of an offence pursuant to this bylaw is liable on summary
conviction to a fine not less than Three Hundred ($300) Dollars but not exceeding Five
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Thousand ($5000). In default of payment of any fine imposed a Form 21 Warrant of
Committal shall be issued to enforce a period of imprisonment not less than 7 days and
not exceeding sixty (60) days or until such fines are paid.
(4) Notwithstanding Section 36(3) of this bylaw any person convicted of an offence in
Section 4 through Section 10 including all sub-sections of this bylaw on summary
conviction is subject to a fine not less than Five Hundred ($500) dollars but not
exceeding Five Thousand ($5000) dollars. In default of payment of any fine imposed a
Form 21 Warrant of Committal shall be issued to enforce a period of imprisonment not
less than fourteen (14) days and not exceeding sixty (60) days or until such fines are paid.
37. No liability or action lies against a Peace Officer, for anything done in good faith with
respect to the apprehension, custody or release of a person, service or execution of an
Order, or remedial action taken against a property pursuant to this bylaw.
38. The document attached hereto and marked Schedule 'A' shall form part of this bylaw.
39. It is the intention of the Council of the Town of High Level that each provision of this
bylaw shall be deemed independent of all other provisions, and it is further the intention
of the Council of the Town of High Level that if any provisions of this bylaw be declared
invalid, all the other provisions shall remain valid and enforceable.
40. The documents attached and marked Schedules "A" are hereby incorporated into and
form part of this bylaw.
41. This bylaw repeals Bylaw 885-09 as amended.
42. This bylaw amends Bylaw 976-18 as the consolidated version.
READ A FIRST TIME this 12th Day of August 2019.
READ A SECOND TIME this 23rd Day of September 2019.
READ A THIRD TIME this 12th Day of November 2019.
SIGNED AND PASSED THIS 15th DAY OF NOVEMBER 2019.
_______________________________
Mayor
_______________________________
Municipal Secretary
Community Standards Bylaw Amendments
Bylaw #
Resolution #
Date
1038-23
183-23
May 8, 2023
[Original Signed by Mayor McAteer]
[Original Signed by S.Beaton]
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SCHEDULE "A"
GRAFFITI
Description
Penalty
Section 3(1) Vandalism
a) first offence
$500.00
a) second offence within 1 year
$1000.00
b) third and subsequent offences within 1 year
$2500.00
Section 3(4) Failure to remove graffiti
a) first offence
$50.00
a) second offence within 1 year
$100.00
b) third and subsequent offences within 1 year
$300.00
SAFE STREETS
Description Fee
Section 4 - Any subsection - Solicit in an aggressive manner
a) first offence
$300.00
b) second and subsequent offences within 1 year
$500.00
Section 5 - Any subsection - Solicit a captive audience
a) first offence
$100.00
b) second and subsequent offences within 1 year $300.00
Section 6 - Any subsection - Unlawfully dispose of item in a public place
a) first offence
$100.00
b) second and subsequent offences within 1 year
$300.00
Section 7 - 7.2 - Any subsection -
a) first offence
$300.00
b) second offence within 1 year
$500.00
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c) third and subsequent offences within 1 year
$1000.00
Section 8 - Any subsection - Unlawful loitering
a) first offence
$300.00
b) second offence within 1 year
$500.00
c) third and subsequent offence within 1 year
$1000.00
Section 9 - Permit property to reduce public safety
a) first offence
$1000.00
b) second offence
$1500.00
c) third and subsequent offence
$2000.00
Section 10 - Permit vacant property to adversely affect community
a) first offence
$500.00
b) second offence
$1000.00
c) third and subsequent offence
$1500.00
NOISE
Description Fee
Sections 12 through 18
$100.00
UNSIGHTLY PREMISE
Description Fee
Section 19 -25 -All subsections
$100.00
Section 27 (a) Fail to have or use garbage container at
construction site
$250.00
Section 27 (b) Fail to secure garbage container and
remove from construction site
$250.00
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LITTERING
Description Fee
Section 29(1) littering on Town or public property
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences within 1 year
$750.00
Section 29(2) Failing to remove litter
a) first offence
$250.00
b) second and subsequent offences within 1 year
$500.00
SPITTING AND URINATING
Description Fee
Section 30(1) Urinating or depositing human waste in a public place
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences within 1 year
$750.00
Section 30(2) Spitting
a) first offence
$100.00
b) second and subsequent offences
$200.00
FLYERS ON VEHICLES
Description Fee
Section 31 Placing item on motor vehicle
$250.00