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TOWN OF HINTON
BYLAW #1185-1
BYLAW OF THE TOWN OF HINTON IN THE PROVINCE OF
ALBERTA TO REGULATE FOR THE SAFETY, HEALTH,
WELFARE, AND PROTECTION OF PEOPLE AND PROPERTY
WHEREAS the Municipal Government Act, Chapter M-26, R.S.A. 2000 and amendments
thereto, provides for a municipality to regulate for the safety, health, welfare and protection
of people and property; and
AND WHEREAS the Council of the Town of Hinton deems it necessary to implement and
enforce such regulations and controls;
NOW THEREFORE the Municipal Council of the Town of Hinton, in session duly
assembled, hereby enacts as follows:
Part 1: Interpretation
1.
TITLE
1.1 This Bylaw may be referred to as the Nuisance Bylaw.
2.
DEFINITIONS
2.1 "Construction" means erecting, building, reconstructing, altering, repairing,
and demolishing any building, structure, or thing within the corporate limits of
the Town.
2.2 "Council" means the municipal Council of the Town of Hinton.
2.3 "Direct Action" means action(s) taken by the Town on a Property using
employees or an agent or contractor to physically remediate any state,
condition, or thing that is or could reasonably be expected to be a Nuisance,
for example, by removing Refuse, towing unregistered Vehicles, covering
Graffiti, draining noxious liquids, filling excavations, demolishing structures,
and extinguishing fires.
2.4 "Disturb" means to substantially disrupt, diminish, prevent, or interfere with a
Person(s) quiet, peaceful, restful, and comfortable enjoyment of their Property
or surrounding area with a Nuisance.
2.5 "Excessive Noise" means any vocalization, music, clamour, mechanical
noises and other sound of activities and movement occurring in, at, or on a
Property which by its type, volume, duration, or time of occurrence Disturbs
other Person(s), and specifically includes noise that at a different duration,
place, volume, time of the day or day of the week, or if reduced by mitigation
standards (e.g., a muffler), is not Excessive.
2.6 "Graffiti" means words, figures, letters, or drawings scribed, scratched,
etched, painted, or sprayed anywhere on an exterior surface of a premise
with or without the consent of the Owner or Occupier.
2.7 "Highway" means any thoroughfare, street, road, trail, avenue, parkway,
viaduct, lane, alley, bridge, causeway, trestle, or other place or any part of
another place to which the public is ordinarily entitled, invited, or permitted to
use for the passage of Person(s)s and Vehicles, or the parking of Vehicles;
includes the entire right of way whether:
i.
a sidewalk
ii.
a boulevard
iii.
a ditch, or
iv.
undeveloped land between fences or between a fence and a
Highway.
2.8 "MGA" means the Municipal Government Act, R.S.A. 2000 c. M-26, as
amended.
2.9 "Nuisance" means Excessive Noise, Refuse, Graffiti, noxious liquids, smoke,
and odour; damage; Unsightly conditions or things; and work or activity on a
Property which is or could reasonably be expected to be Disturbing,
annoying, troublesome, detrimental, destructive, hazardous, unsanitary,
offensive, or injurious to other Person(s), Property, or the surrounding area.
2.10 "Occupier" means Person(s) having legal right to occupy a Property
conferred on them by the Owner or his or her legal representatives, such as
a tenant or lessee, and Person(s) occupying a Property without legal right.
2.11 "Order" means a written direction to remedy a Nuisance issued by the Town
and/or a Designated Officer to an Owner, Occupier, or other Person(s).
2.12 "Owner" means Person(s) having the powers, authority, and responsibilities
of Ownership of a Property who is or are a registered holder of the Property
under the Land Titles Act, and their legal representatives for the Property.
2.13 "Peace Officer" means a Designated Officer of the Town, a Bylaw
Enforcement Officer, a Community Peace Officer, and a member of the
R.C.M.P. or another police agency with jurisdiction.
2.14 "Person(s)" means an individual, a group of individuals, or an entity having
natural Person(s) powers under Canadian law, such as a company,
corporation, partnership, firm, government, association, or society, and any
authorized agent of the foregoing.
2.15 "Property" means land, buildings, structures, vegetation, Vehicles, chattel,
personal property, premises including structures used as a dwelling, and any
combination or assembly thereof as the context may convey.
2.16 "Refuse" means discarded, rejected, disused, broken, and decomposed
matter or debris; and rubbish, waste, litter, garbage, and trash and
specifically includes Prohibited Waste as defined in the Town Refuse Bylaw
as amended from time to time.
2.17 "Seasoned Firewood" means wood pellets and untreated, un-milled wood
that has been air-dried for a minimum of six (6) months spanning at least one
summer month and has a moisture content of 25% or less.
2.18 "Town" means the municipal corporation of the Town of Hinton and its
elected officials, authorized employees, and agents, individually and
collectively.
2.19 "Unsightly" has the same meaning as in the MGA s. 541(s) and includes
other things, actions, and conditions on a Property which are or could
reasonably be expected to be repugnant to or have a deleterious influence
on Person(s) or Properties in the vicinity.
2.20 "Vehicle" means a device in, on, or by which Person(s) or things may be
transported or drawn on a Highway and includes combinations of Vehicles
and Off-Highway Vehicle as defined by the Traffic Safety Act as amended
from time to time but excludes mobility aids and non-motorized cycles.
2.21 "Violation Tag" means a municipal notice in a prescribed form or similar
document issued by a Peace Officer pursuant to the MGA.
2.22 "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial
Offences Procedure Act and associated regulations.
Part 2: Application
3.
GENERAL
3.1 No Person(s) may cause or allow a Nuisance on, at, or in any Property in the
Town.
3.2 Notwithstanding s. 3.1, in an emergency, any Person(s) may perform actions
necessary for the preservation or protection of life, health, or property that are
or may cause a Nuisance, provided the Person(s) can demonstrate afterward,
to the satisfaction of the Town in its sole discretion, that there was an
emergency.
3.3 No Person(s) may cause, allow, or apply Graffiti to any Property in the Town.
3.4 Owners and Occupiers of Property are responsible to remove, paint over, or
otherwise permanently block from public view any Graffiti found on their
Property within a period specified by the Town in writing.
4.
VEHICLE AND PARTS STORAGE
4.1 No Person(s) may park, or allow or cause to be parked, more than three (3)
unregistered Vehicles on a residential Property.
4.2 A maximum of one (1) unregistered Vehicle may be parked on a residential
Property while visible to Person(s) at or on another Property if parked in a
space designed for parking, such as a driveway or on-site parking space.
4.3 Other unregistered Vehicles stored on the same Property within the limit
prescribed by s. 4.1 must be screened from view in a manner acceptable to
the Town in its sole discretion.
4.4 Person(s) storing unregistered Vehicles on a residential Property in
accordance with this Bylaw must ensure the Vehicle(s) do not become
dilapidated, derelict, unusable, or in any other way a Nuisance.
4.5 No Person(s) may store detached Vehicle parts on a residential Property
unless the parts are covered to the satisfaction of the Town in its sole
discretion.
5.
TOWN PROPERTY
5.1 No Person(s) may cause or permit to be caused any damage to Town
Owned or Occupied Property, including but not limited to the land, the natural
and cultivated vegetation (trees, grass, shrubs, plants), and the natural and
constructed amenities (rocks, benches, sand, fences, sidewalks, trails,
receptacles, equipment, shelters, signs) whether permanent or temporary.
5.2 No Person(s) may cause, permit, or allow any Nuisance on, at, in, or from
any Town Owned or Occupied Property.
6.
GROUNDS AND BOULEVARDS
6.1 Owners and Occupiers must maintain the grounds of their Property and the
sidewalk and boulevard fronting or flanking their Property at minimum by:
6.1.1
Removing noxious weeds and cutting grass at least twice per growing
season.
6.1.2
Removing snow and ice from sidewalks within forty-eight (48) hours of
the cessation of snowfall.
6.1.3
Removing sand, dirt, Refuse, and debris as necessary to avoid
Unsightly conditions or safety hazards.
6.1.4
Refraining from depositing or causing to be deposited any snow, ice,
sand, dirt, Refuse, or debris from their Property onto a Highway,
sidewalk, or boulevard without expressed permission from a
Designated Officer of the Town.
7.
EXCESSIVE NOISE
7.1 No Person(s) may:
7.1.1
Engage in Construction of any kind outside of the following permitted
hours:
i.
Monday to Saturday inclusive, 7:00 a.m. to 10:00 p.m.
ii.
Sunday, 10:00 a.m. to 7:00 p.m.
7.1.2
Engage in the use of municipally owned courts located adjacent to
Gerard Redmond Community Catholic School outside of the following
permitted hours:
i.
Monday to Sunday inclusive, 8:30 a.m. to 9:00 p.m.
7.1.3
Make, cause, permit, or allow to be made, Excessive Noise in or on
any Property which Disturbs or tends to Disturb Person(s) on another
Property or in the surrounding area.
7.1.4
Being the Owner or Occupier of a Property, allow or permit the
Property to be used in a manner that generates Excessive Noise.
7.1.5
Operate any amplified public address or music system outdoors
anywhere in the Town without first having obtained a permit for the use.
7.1.6
Keep, harbour, or allow any animal or bird to be kept or harboured on a
Property which by Excessive Noise, odour, or safety risk to Person(s)
in the the surrounding area, or any other cause, is a Nuisance.
7.1.7
Use engine retarder brakes at any time while operating a Vehicle within
the corporate limits of the Town.
7.1.8
Operate a snow machine, motorboat, motorcycle, or any other
motorized Vehicle within the corporate limits of the Town in a manner
that constitutes a Nuisance.
8.
BURNING
8.1 No Person(s) conducting, allowing, or causing any burning on a Property may:
8.1.1
Cause the emission or spread of smoke which is opaque, dense, or
odourous for longer than five (5) continuous minutes except one time
on ignition or refuelling of the burn, for a maximum of 30 minutes in any
four (4) hour period.
8.1.2
Burn any fuel other than Seasoned Firewood, and more specifically,
may not burn wet or unseasoned firewood, treated wood, plastic,
rubber, waste oil, paints, solvents, coal, glossy papers, particle board,
or Refuse of any kind.
8.1.3
Where a permit has been issued by the Fire Chief of the Town or his or
her designate, burn in any way except in compliance with that permit.
8.2 In addition to any enforcement by a Peace Officer for a Nuisance, the Fire
Chief or his or her designate may, at their discretion, order a fire creating a
Nuisance or a safety hazard to be extinguished immediately or extinguish it.
9.
ENFORCEMENT
9.1 Any Person(s) contravening any provision of this Bylaw by doing something
prohibited by it, or neglecting to do anything required by it, is deemed to have
committed an offence and is liable to a fine as outlined in Schedule A of this
Bylaw, imposed via a Municipal Tag or a Violation Ticket issued pursuant to
the Provincial Offences Procedure Act, in addition to any other remedy the
Town may undertake.
9.2 Each day that an offence continues constitutes a new and separate offence.
9.3 A Peace Officer and a Designated Officer are authorized to enter into any
Property other than a dwelling, at any reasonable hour after giving reasonable
the Owner or Occupier notice, to inspect the Property's compliance with this
Bylaw in accordance with s. 542(1) of the MGA.
9.4 Enforcement action(s) taken under this Bylaw does not limit the Town in any
way from seeking remedy for Nuisances by other available measures such
those authorized by an Act or imposed by a court of competent jurisdiction.
9.5 Orders
9.5.1
A Designated Officer of the Town or a Peace Officer may, by written
Order, require the Owner or Occupier of a Property to rectify any
Nuisances on or at that Property in accordance with this Bylaw, in a
manner and by a specified date and time, including:
i.
Removing from the Property refuse, noxious fluids, and
decomposing matter; unsafe structures; dilapidated, wrecked, and
unregistered Vehicles or unscreened Vehicle parts; and anything
that creates a Nuisance or an Unsightly condition.
ii.
Screening a Nuisance from a Highway, other Property, or other
public place to the satisfaction of the Town in its sole discretion.
iii.
Demolishing a building or structure erected or placed on a Property
without required authority, permit, or license, or non-compliant with
the authority, permit, or license, and removing the debris.
iv.
Requiring a building, structure, hole, excavation, or other feature of
a Property be secured against unpermitted access, accidental
entry, and fire.
9.5.2
Orders will state:
i.
The name of the Person(s) responsible.
ii.
The date and location of the offence.
iii.
The Bylaw and section contravened.
iv.
The potential penalty established by this Bylaw for the offence.
v.
The potential penalty for failing to comply with the Order.
vi.
The prescribed period within which the Person(s) must rectify the
offence.
vii.
That the Person(s) receiving the Order may request Council review
it, and the timeline and method for requesting the review.
viii.
That failure to comply with an Order may result in Direct
Enforcement at the Person(s)' expense.
9.5.3
Person(s) affected by the decision of Council following a review of an
Order may appeal Council's decision to the Court of King's Bench of
Alberta within 30 days as provided for by MGA s. 548(1).
9.5.4
Failure to comply with an Order for which the review period has expired
or which has been confirmed, varied, or substituted by Council and the
decision not appealed to the Court, is an offence separate and distinct
from other Bylaw offences and subject to a penalty stipulated in
Schedule A attached to and forming part of this Bylaw.
9.5.5
Imposition of a penalty for failure to comply with an Order does not
exempt the Person(s) from the requirement to comply or limit the Town
from using other remedies available to enforce this Bylaw.
9.6 Municipal Tag and Violation Ticket
9.6.1
A Peace Officer is hereby authorized and empowered to issue a
Municipal Tag or a Violation Ticket to any person they believe, on
reasonable grounds, to have committed an offence.
9.6.2
The Municipal Tag or Violation Ticket may be issued to the Person(s):
i.
By hand delivery, or
ii.
By leaving it at the last known residence of the Person(s) with a
Person on the premises apparently aged 18 or older.
9.6.3
In addition to service methods provided in s. 9.6.2, a Municipal Tag is
deemed served if posted in a conspicuous place at the last known
residence of the Person(s) or sent via registered mail to the Persons'
last known mailing address.
9.6.4
Municipal Tags and Violation Tickets must be in a form approved by
the CAO and must state at minimum:
i.
The name of the Person(s) committing the offence.
ii.
The date and location of the offence.
iii.
The Bylaw and section contravened with a description of the
offence and the specified penalty as set out in Schedule A.
iv.
The prescribed period within which the Person(s) may pay the
penalty indicated on the Municipal Tag or Violation Ticket to avoid
prosecution, if provided.
9.6.5
Where a Municipal Tag is issued pursuant to this Bylaw, the Person(s)
receiving the Tag may avoid prosecution for the Offence by paying to
the Town the specified penalty within the time prescribed.
9.6.6
If a Municipal Tag has been issued and the penalty is not paid within
the prescribed time, a Peace Officer may issue a Violation Ticket for
the same offence pursuant to the Provincial Offences Procedure Act.
9.6.7
Notwithstanding Section 9.6.6, a Peace Officer is authorized and
empowered to immediately issue a Violation Ticket to a Person(s)
pursuant to the Provincial Offences Procedure Act.
9.6.8
If a Violation Ticket is issued in respect of an offence, the Violation
Ticket must:
i.
Specify the penalty established by this Bylaw for the offence, which
may be paid voluntarily within a prescribed period; or
ii.
Specify a date and place for the Person(s) to appear in Provincial
Court without the option of making a voluntary payment.
9.6.9
Any Person(s) to whom a Violation Ticket has been issued with a
voluntary payment option may pay the specified penalty by delivering
the Ticket with payment to the Provincial Court noted on the Ticket on
or before the initial appearance date indicated.
9.6.10 The payment of a fine does not relieve Person(s) of the requirement(s)
to comply with this Bylaw, nor does it allow the Person(s) to avoid
paying the costs of Direct Action by the Town to rectify the offence.
9.7 Eviction
9.7.1
Where a Peace Officer finds a Person(s) committing a Nuisance on,
at, or from a Town Owned or Occupied Property, the Peace Officer
may evict the Person(s) from the Property in addition to or instead of
issuing a Municipal Tag or Violation Ticket.
9.8 Direct Action
9.8.1
If Person(s) to whom an Order is issued fails to comply with the Order
within the time allotted, after reasonable notice to the Owner or
Occupier, the Town may enter onto the Property at a reasonable hour
and take the action(s) required by the Order to bring the Property into
compliance, utilizing employees, contactors, or agents, and thereafter
charge the costs of the action(s) to the Owner or the Occupier.
9.8.2
Costs invoiced to an Owner for Direct Action, if unpaid after December
31 in the year charged, may be converted to property taxes owing and
be collected by the Town as such.
9.8.3
Costs invoiced to an Occupier for Direct Action, if unpaid within 30
days, may be recovered as a debt owing to the Town.
10.
SEVERABILITY
10.1 If any portion of this Bylaw is found by a court of competent jurisdiction to be
invalid, such portion shall be severed from the Bylaw, and the remainder is to
remain valid.
11.
REPEALS AND COMING INTO FORCE
11.1 Bylaw No. 1101 and all amendments thereto are hereby repealed upon the
coming into force of this Bylaw.
11.2 Bylaw No. 947 and all amendments thereto are hereby repealed upon the
coming into force of this Bylaw.
11.3 This Bylaw shall take effect on the final day of passing.
READ A FIRST TIME THIS 21ST DAY OF JANUARY 2025.
READ A SECOND TIME THIS 21ST DAY OF JANUARY 2025.
READ A THIRD TIME THIS 18TH DAY OF MARCH 2025.
______________________________
Mayor
_____________________________
Chief Administrative Officer
SCHEDULE "A"
Section and
Descriptive Phrase
1st Offence
within a 12-
Month Period
2nd Offence
within a 12-
Month Period
3rd and Subsequent
Offence within a 12-
Month Period
3.1 Cause or Allow Nuisance on
Property
3.3 Cause, Allow, or Apply Graffiti
3.4 Fail to Remove Graffiti
4.1 Store Excess Unregistered
Vehicles on Property
4.5 Store Uncovered Vehicle
Parts on Property
5.1 Damage Town Property
5.2 Cause Nuisance At or On
Town Property
6.1 Fail to Maintain Property,
Sidewalk, or Boulevard
$100.00
$250.00
$300.00
7.1.1 Construction Outside
Permitted Hours
7.1.2 Excessive Noise Disturbing
Person(s)
7.1.4 Operate Amplified System
without Permit
7.1.5 Keep or Harbour Nuisance
Animal
7.1.6 Use Engine Retarder
Brakes
7.1.7 Cause Nuisance with
Motorized Vehicle
8.2.2 Conduct or Allow Burning
with Nuisance Smoke
8.2.2 Burn Prohibited Fuel
9.6.4 Fail to Comply with Order