Bylaw 1348 - Municipal Addressing

Lethbridge County, Alberta

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P:\Lethbridge County\Web Design\COL working files\add new info\council\bylaw\bylaw1348.doc COUNTY OF LETHBRIDGE IN THE PROVINCE OF ALBERTA BY-LAW 1348 A BY-LAW OF THE COUNTY OF LETHBRIDGE PROVIDING FOR THE REGULATION OF MUNICIPAL ADDRESSING WHEREAS pursuant to Section 7 of the Municipal Government Act, Revised Statues of Alberta, 2000, Chapter M-26 and amendments thereto, Council may pass bylaws respecting the safety, health and welfare of people and property; AND WHEREAS, the Council of the County of Lethbridge deems it desirous to put into effect a municipal addressing system which can be utilized by emergency service providers and for other purposes; AND WHEREAS, the Council of the County of Lethbridge may, pursuant to Section 58 of the Municipal Government Act, Statues of Alberta, 2000, M-26, as amended, pass said Bylaw requiring owners or occupants of a building or parcel of land to display the numbers assigned to their land, building or unit in a standardized format; and Now Therefore Council of the County of Lethbridge duly assembled hereby enacts as follows: 1) SHORT TITLE This Bylaw may be cited as "The Municipal Addressing Bylaw". 2) DEFINITIONS a) "Building" means the occupied permanent structure accessed by a road, driveway or foot path and that is identified in accordance to County guidelines and addressing standards for the purpose of addressing. b) "County" means County of Lethbridge c) "Council" means the Municipal Council of the County of Lethbridge d) "Municipality" means the County of Lethbridge a municipal corporation in the Province of Alberta and where the context so requires means the area contained within the corporate boundaries of the said municipality. e) "Municipal Address" means a number assigned to a residential, commercial or industrial property by the County of Lethbridge that provides a unique identity to the occupied space, building or property and is displayed in accordance to County guidelines and addressing standards. A Municipal Address may include a primary address number, the combination of a primary address number and a unit address number or the combination of a street address and a unit address number. f) "Municipal Address Sign" means a panel or sign posted at the primary access of the property, clearly visible from the public roadway and that is designed and installed in accordance to County guidelines and addressing standards. Physically addressing a property includes fixing the assigned unit number to the building itself and may include the installation of either a primary address sign or a combination of a primary address sign and a unit address sign. g) "Name Plate Sign" means optional customized sign to be placed in accordance to County guidelines and addressing standards. h) "Occupant" means the person residing on the property, and shall include both an owner and a person renting the property. P:\Lethbridge County\Web Design\COL working files\add new info\council\bylaw\bylaw1348.doc Page 2 - Bylaw 1348 i) "Owner" means i. In the case of land, any person who is registered under the Land Titles Act, R.S.A. 2000, Chapter L-4, as amended, as the owner of land, or ii. In the case of property other than land, any person who is in lawful possession thereof. j) "Peace Officer" means a member of the Royal Canadian Mounted Police, a Special Constable, Bylaw Officer or other person(s) designated by the County to enforce any part of this bylaw within the County. k) "Primary Access" means the main access to a property as identified by the County. l) "Public Road Right-of-Way" includes all developed roads and streets within the County of Lethbridge. m) "Residential, Commercial and Industrial Property" means any property that is identified by the County for the purposes of addressing and in accordance to the provisions of this bylaw n) "Unit Number" means a number assigned to those properties where multiple properties, that are located in proximity of one another, exist and where additional property identification is needed. o) "Violation Ticket" means a ticket issued to Part 2 of the Provincial Offences and Procedures Act, R.S.A. 2000 chapter P-34. 3) ADDRESSING SYSTEM a) All parcels of land supporting residential, commercial and industrial developments with a primary access onto a developed public road right-of- way will be assigned an address by the County of Lethbridge and such addresses will be posted in accordance with the provisions of this bylaw. b) Oil and gas industry sites regulated by the Energy Resources Conservation Board (ERCB) are exempt from this bylaw unless: i. requested by the owner or occupant of the land and further approved by the County to have a municipal address; or ii. the site is occupied by employees or agents a place of employment or business c) The County will provide for the materials and installation costs of all signs for residential homes existing within the County of Lethbridge up to December 31, 2008. d) All residential homes existing from January 1, 2009 and beyond will be charged for materials and installation of their municipal address sign as per the Schedule of Fees Bylaw. e) All commercial and industrial properties will be charged for materials and installation of their municipal address sign as per the Schedule of Fees Bylaw. f) The County will act as the agent responsible for the materials and installation of Municipal Address Signs regardless of responsibility of cost as per 3(c). g) Primary and Unit signage shall be placed by the County according to County guidelines and addressing standards. P:\Lethbridge County\Web Design\COL working files\add new info\council\bylaw\bylaw1348.doc Page 3 - Bylaw 1348 h) Where Unit Numbers are assigned, owners shall be notified of their address and the owner will be responsible to fix/install their assigned Unit Number directly to the building, in a location that is clearly visible from the primary access, within 30 days after receiving notification. The cost of placing a Unit Number shall be the responsibility of the owner or occupant. i) Primary and Unit Address Signs shall be the property of the County of Lethbridge. Units Number(s) fixed directly to a building shall be the property of the owner. 4) POWERS OF PEACE OFFICERS a) Peace Officers for the purpose of this Bylaw may: i. Enforce any part of this Bylaw within the County boundary. ii. Access any land, reserve or structure, at any time for inspection or enforcement activities. 5) OFFENCES No person shall: a) Fail to display a Municipal Address as described in this Bylaw. b) Fail to display a Municipal Address Sign with specifications less than those described in this Bylaw. c) Continue to display a number or other address that is not consistent with the assigned address provided by the County. d) Damage, deface or remove a Municipal Address Sign from any location within the Municipality. e) Obstruct any Municipal Address Sign by any natural or man-made object whether temporarily or not. f) Fail to report to the County any known situation where their Municipal Address Sign has become damaged, defaced, removed or obstructed. g) Obstruct any Peace Officer in the performance of his investigation and lawful authority to enforce this Bylaw. 6) PENALTIES a) Any Person that violates any provision of this Bylaw is guilty of an offence and is liable upon conviction of $100 for the first offence, $250 for the second offence and $500 for the third offence. 7) ENFORCEMENT a) Where a Peace Officer has reasonable grounds to believe that a person has violated any provision of this Bylaw, the Peace Officer may commence Court proceedings against such person by issuing the person a Violation Ticket pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act. b) Where a Peace Officer issues a Person a Violation Ticket in accordance with Section 7 of this Bylaw, the Officer may either: Page 4 - Bylaw 1348 P:\Lethbridge County\Web Design\COL working files\add new info\council\bylaw\bylaw1348.doc i. Allow the Person to pay the specified penalty as provided for the offence in Section 5 of this Bylaw by including such specified penalty in the Violation Ticket; or ii. Require a Court appearance of the Person where the Peace Officer believes that such appearance is in the public interest, pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act. c) No provision of this Bylaw nor any action taken pursuant to any provision of this Bylaw shall restrict, limit, prevent or preclude the County from pursuing any other remedy in relation to a Premises provided by the Municipal Government Act, or any other law of the Province of Alberta. 7) SEVERABILITY a) Each provision of this Bylaw is independent of all other provisions. If any such provision is declared invalid by a Court of competent jurisdiction, all other provisions of this Bylaw will remain valid and enforceable. 8) EFFECTIVE DATE a) This Bylaw comes into force and effect upon the date of its third reading. GIVEN first reading this 3rd day of June, 2010. ______________________________ Reeve _______________________________ County Manager GIVEN second reading this 3rd day of June, 2010. ______________________________ Reeve _______________________________ County Manager GIVEN third reading this 3rd day of June, 2010. ______________________________ Reeve _______________________________ County Manager