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SUMMER VILLAGE OF JARVIS BAY
COMMUNITY STANDARDS BYLAW
BY-LAW 191-23
BEING A BYLAW OF THE SUMMER VILLAGE OF JARVIS BAY IN THE
PROVINCE OF ALBERTA TO PROHIBIT CERTAIN ACTIVITIES IN ORDER TO
PREVENT AND COMPEL THE ABATEMENT OF NOISE, NUISANCE,
UNSIGHTLY PREMISES AND PUBLIC DISTURBANCES
WHEREAS, the Municipal Government Act, R.S.A. 2000, c. M-26 as amended in
the Province of Alberta provides that a Municipal Council may by bylaw provide
for a system of licensing, permits and approvals and regulating business within
the Municipality;
AND WHEREAS, the Council of the Summer Village of Jarvis Bay deems it
expedient and in the public's interest to pass a bylaw to regulate and control
noise, nuisance, unsightly premises, and public disturbances.
NOW THEREFORE, the Municipal Council of the Summer Village of Jarvis Bay,
in the Province of Alberta, duly assembled, hereby enacts as follows:
1.
TITLE
1.1 This bylaw may be cited as the "Community Standards Bylaw."
2. DEFINITIONS
2.1 In this Bylaw, including this section, unless the context otherwise
requires:
(a) "Act" means the Municipal Government Act, R.S.A. 2000, c. M-26 as
amended, and any amendment or substitutions thereof.
(b) "Bullying" means verbal or physical abuse, threats, taunts, teasing,
name calling and put downs, written, or electronically transmitted, or
repeated abusive communication, direct or through any medium
whatsoever.
(c) "Chief Administrative Officer" means the Chief Administrative
Officer of the Summer Village of Jarvis Bay appointed by Council.
(d) "Council" means the Municipal Council of the Summer Village of
Jarvis Bay.
(e) "Graffiti" means the defacement or disfigurement of any property or
object, through the performance of any of the following acts:
i. The application of any substance, including paint, ink, stain,
or whitewash to any surface or;
ii. The affixing of any substance, including paper, fabric, or
plastic, by any form of adhesion that does not remove
cleanly when pulled away from the applied surface; or
iii. The marking, scratching, etching or other alteration or
disfigurement of any surface.
(f) "Minor" means an individual under 18 years of age.
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(g) "Municipal Ticket" means a ticket in a form as approved by the
Chief Administrative Officer, issued by the Summer Village allowing
for voluntary payment of a fine established under this Bylaw.
(h) "Nuisance" for the purpose of this bylaw includes any use of or
activity upon any property which is offensive to any person or has or
may have a detrimental impact upon any person or other property.
(i) "Peace Officer" means:
i.
a member of the Royal Canadian Mounted Police;
ii.
a Bylaw Officer as appointed by the Summer Village to
enforce bylaws of the Summer Village; or
iii. a Community Peace Officer as appointed by the Solicitor
General of Canada.
(j) "Premises" means the external surfaces of all buildings and the
whole or part of any parcel of real property, including the land
immediately adjacent to the building or buildings.
(k) "Public Place" means any place, including privately owned or leased
property, to which the public reasonably has or is permitted to have
access.
(l) "Roadway" means the part of a road/highway intended for use by
vehicular traffic.
(m) "Sign" means any word, letter, model, placard, board, notice, device
or representation, whether illuminated or not, in the nature of and
employed wholly or in part for the purposes of advertisement,
announcement, or direction, and its supporting structure.
(n) "Summer Village" means the Summer Village of Jarvis Bay.
(o) "Youth" means an individual 12 to 17 years of age.
3.
NOISE
3.1
No person shall cause or permit any noise that annoys or disturbs the
peace of any other person.
3.2
No person shall permit property that they own or control to be used so
that noise from the property annoys or disturbs the peace of any other
person.
3.3
In determining what constitutes noise likely to annoy or disturb the peace
of other persons, consideration may be given, but is not limited to:
3.3.1. type, volume, and duration of sound;
3.3.2 time of day and day of week;
3.3.3. nature and use of the surrounding area.
3.4
Permissible Hours: Noise or disturbance that annoys or disturbs the
peace of any other person is not allowed between 11:00 p.m. and 8:00
a.m. any day.
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4.
INDUSTRIAL/CONSTRUCTION NOISE
4.1
Nothing in this bylaw shall prevent the continual operation or carrying on
of an industrial activity where the activity is one which:
4.1.1. is a permitted use; or
4.1.2. is an approved discretionary use; or
4.1.3. is a non-conforming, but not illegal, use as defined in the Municipal
Government Act.
4.2
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.
4.3
With the exception of the activities referred to in section 4.1 herein, 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 between the hours of 8:00 p.m. and
8:00 a.m. any day.
4.4
These provisions do not apply to work carried on by the Summer Village,
or by a contractor carrying out the instructions of the Summer Village,
providing it is work of an emergent nature of circumstance.
5.
CONSTRUCTION WASTE
5.1
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.
5.2
No loose construction material is to be stored or accumulated on the
construction site unless it is not capable of being blown around the
construction area.
6. NUISANCE AND UNSIGHTLY PREMISES
6.1
No person shall permit any use or activity upon their property which is
offensive to any person and may have a detrimental impact on any person
or property including but not limited to:
6.1.1. the failure to cut grass, weeds, shrubs, trees, or other landscaping
features incidental to a landscaped area;
6.1.2. the failure to destroy restricted weeds, control noxious weeds, or
prevent the spread or scattering of nuisance weeds;
6.1.3. the growth of trees or shrubs in such a manner that they interfere
with utilities or endanger visibility to street signage, or roadway
clearance;
6.1.4. the accumulation of any material that creates unpleasant odors,
any material that attracts pests or any animal remains, parts of
animal remains or animal feces;
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6.1.5. the storage or accumulation of or failure to dispose of discarded
dilapidated furniture or household appliances, loose garbage,
rubbish, packaging material, scrap metals, scrap lumber, tires,
parts of disassembled machinery, equipment or appliances and
motor vehicle parts;
6.1.6. the causing of opaque or dense smoke and permitting such smoke
to be emitted into the atmosphere for a period in excess of six (6)
minutes in any one hour, or at a point other than the opening to the
atmosphere of the flue, stack, or chimney, unless specifically
authorized by Council;
6.1.7. the generation of excessive dust and permitting such dust to
escape from the property;
6.1.8. the failure to maintain an accessory building, structure, or fence
such that it deteriorates, becomes unsightly or becomes a safety
hazard;
6.1.9. the failure to fence or secure an excavation, drain, ditch or other
depression so that is does not become a danger to public safety;
6.1.10.the posting or exhibiting of advertising posters, signs, billboards,
placards, writings or pictures upon any light standard, utility pole,
bench, garbage receptacle, fence, or wall on any property including
municipal property, except as permitted in the Land Use Bylaw;
6.1.11.the burning of anything other than dry untreated clean wood in a
residential wood fireplace.
6.2
No person being the owner, agent of the owner, leaser, or occupier of any
property within the Summer Village shall permit such property, or the
activities upon such property to be or remain a nuisance or safety hazard.
7. GRAFFITI
7.1
No person shall place graffiti or cause it to be placed on any property.
7.2
Every property owner shall ensure that graffiti placed on their premises is
removed, painted over, or otherwise permanently blocked from the public
view.
7.3
A property owner who breaches the provisions of Section 7.2 where,
following the issuance of and failure to comply with an Order under
section 545 of the Municipal Government Act, shall be liable to payment
of a penalty as prescribed in Schedule A.
7.4
In prosecuting for an offence under this Section, the consent of the
property owner of any premises to place graffiti shall not be a defense
under this bylaw.
8.
LITTERING
8.1
No person shall place, deposit, or throw or cause to be placed, deposited,
or thrown upon any Summer Village property, including any street, lane,
ditches, park, other public place, or water course:
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8.1.1 a cardboard or wooden box, carton, container, or receptacle of any
kind;
8.1.2 a paper, wrapper, envelope, or covering of any kind, whether paper
or not, from food or confectionery;
8.1.3 paper of any kind, whether or not containing written or printed
matter thereon;
8.1.4 any human, animal or vegetable matter or waste;
8.1.5 any glass, crockery, nails, tacks, barbed wire or other breakable or
sharp objects;
8.1.6 scrap metal, scrap lumber, tires, dismantled, wrecked, or
dilapidated motor vehicles or parts there from;
8.1.7 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;
8.1.8 dirt, filth, yard refuse or rubbish of any kind whether similar or
dissimilar to the foregoing including but not limited to grass
clippings, weeds, materials from pruning such as branches, limbs,
twigs, leaves, or any other pruning debris.
8.2
A person who has placed, deposited, or thrown or caused to be placed or
thrown anything or any matter mentioned in subsection 8.1 upon any
road, ditch, municipal reserve or other public place or water course shall
forthwith remove it.
9.
CAUSE A DISTURBANCE
9.1
No person located in a public place shall disturb the peace and enjoyment
of other members of the public by:
9.1.1 screaming, shouting, or using loud, abusive, or grossly insulting
language;
9.1.2 being intoxicated by alcohol or other substances; or
9.1.3 openly exposing or exhibiting an indecent act.
10.
NUISANCE ENFORCEMENT
10.1 A Peace Officer may, after giving reasonable notice to the owner or
occupier of the premises, enter upon the said premises and carry out an
inspection.
10.2 Upon completion of the inspection, the Peace Officer may direct the
owner or occupant of the property to:
10.2.1 cease the activity which causes the nuisance;
10.2.2 change the way in which such person is carrying out any activity;
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10.2.3 direct any person to take any action or measure necessary to
compel the elimination or abatement of the nuisance, including:
(a) the removal of any thing or matter from the property, which
constitute the nuisance; and
(b) the construction or installation of a garbage bin or enclosure or
the repair of an existing garbage enclosure;
(c) enter into a cleanliness agreement in a form to the satisfaction
of the Peace Officer;
(d) specify the time within which such person must comply with the
directions contained in the notice; and
(e) notify the owner or occupant that, if compliance with the notice
is not affected within a specified time, the municipality will take
the actions or measures specified in the notice to abate the
nuisance, at the expense of the owner or occupier;
(f) offer the owner or occupant of the property an opportunity to
enter into any other voluntary agreement with the Summer
Village to keep the premises clean, tidy and free of nuisances.
10.3 Any person who refuses to allow an inspection of the premises under
Section 10.1 is guilty of an offence.
10.4 Any person who fails to comply with a direction made under this section is
guilty of an offence.
10.5 No person shall cause or permit or undertake any activity upon any
Summer Village property which is a nuisance.
11.
AUTHORITY TO REMOVE
11.1 The Chief Administrative Officer may authorize the removal and put in
storage or destroy anything placed upon Summer Village property in
contravention of this bylaw.
12.
ORDER
12.1 A designated officer may, by written order, require a person responsible
for the contravention to remedy the contravention.
12.2 The Order shall:
12.2.1 state a time within the owner must comply with the order;
12.2.2 state that if the owner does not comply with the order within a
specified time, the Summer Village will take the action or measure
at the expense of the owner.
12.3 the Summer Village may, in respect of an order, register a caveat under
the Land Titles Act against the certificate of title for the land that is the
subject of the order.
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13.
RIGHT TO REMEDY
13.1 The Summer Village may take whatever actions or measures are
necessary to deal with any contraventions if:
13.1.1 the Summer Village has issued a written Order under Section 12 of
this bylaw.
13.1.2 the Order contains a statement referred to in Section 12.2 of this
bylaw.
13.1.3 the person to whom the Order is directed has not complied with the
Order within the time specified in the Order, and
13.1.4 the appeal periods respecting the Order have passed or, if an
appeal has been made, the appeal has been decided and it allows
the Summer Village to take the action or measures.
14.
PENALTIES
14.1 Any person who breaches any section of this Bylaw is guilty of an offence
and liable to:
14.1.1 payment of the penalty specified in Schedule "A" hereto;
14.1.2 for any offence for which there is no penalty specified, to a penalty
of not less than $200.00 and not more than $10,000.00;
14.1.3 and in default of payment of any penalty, to imprisonment for up to
six (6) months.
15.
MUNICIPAL AND PROVICIAL TICKETS
15.1 Any Peace Officer who has reasonable and probable ground to believe
that any person has contravened any provision of this Bylaw, may issue,
and serve:
15.1.1 A Municipal Ticket allowing payment of the specified penalty to the
Summer Village; or
15.1.2 A Provincial Ticket according to the provisions of the Provincial
Offences Procedure Act, as amended.
15.2 Service of a Municipal Ticket will be sufficient if it is:
15.2.1 personally served; or
15.2.2 served by regular mail to the person's last known mailing address.
15.3 If a violation ticket is issued in respect of an offence, the violation ticket
may:
15.3.1 specify the fine amount established by this Bylaw for the offence;
or
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15.3.2 require a person to appear in Court without the alternative of
making a voluntary payment.
15.4 A person who commits an offence may:
15.4.1 If a violation ticket is issued in respect of the offence; and
15.4.2 If the violation ticket specifies the fine amount established by this
Bylaw for the offence, make a voluntary payment equal to the
specified fine by delivering the violation ticket and the specified
fine to the Provincial Court Office specified on the violation ticket.
16.
SEVERABILITY
16.1 If any part of this Bylaw is found to be invalid, then that part shall be
severed, and the remaining Bylaw will continue to be in force.
That this bylaw shall take effect on the date of the third and final reading. Upon
3rd reading, bylaws #18-87, and #20-87 are hereby rescinded.
READ a first time this 7th day of March 2023.
READ a second time this 7th day of March 2023.
READ a third and final time this 7th day of March 2023.
______________________________
Julie Maplethorpe, Mayor
______________________________
Tanner Evans, C.A.O.
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SCHEDULE "A"
Offence Schedule "A" Schedule of Fines
Section
Fine
Make noise
a) first offence
3.1
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$750.00
Permit noise
3.2
a) first offence
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences
within 1 year
$750.00
Industrial or construction noises
4.1 or
4.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$750.00
Failing to contain construction waste 5.1 or
5.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
$1,000.00
Permitting a nuisance on private property
6.1
a) first offence
$200.00
b) second offence within 1 year
$400.00
c) third and subsequent offences
within 1 year
$600.00
Placing graffiti on property
7.1
a) first offence
$2,500.00
b) a second offence within 1 year
$5,000.00
c) third and subsequent offences
within 1 year
$7,500.00
Failure to remove Graffiti
7.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$1,000.00
Failure to comply with graffiti order
7.3
$250.00 for
each day
that the
breach
continues
Depositing litter on Summer Village property
8.1
a) first offence
b) second and subsequent offence
$500.00
$750.00
c) third and subsequent offences
within 1 year
$1,000.00
Failing to remove litter
8.2
a) first offence
$500.00
b) second offence within 1 year
$750.00
c) third and subsequent offences
within 1 year
$1,000.00
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Cause a disturbance
9.1
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$1,000.00