Bylaw 405-17 — Community Standards — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot aa648efc35a0 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF LONGVIEW ## Bylaw 405-17 - Community Standards BEING A BYLAW OF THE VILLAGE OF LONGVIEW IN THE PROVINCE OF ALBERTA FOR THE PURPOSES OF ESTABLISHING COMMUNITY STANDARDS TO REGULATE NEIGHBOURHOOD NUISANCE, SAFETY AND LIVEABILITY ISSUES WHEREAS pursuant to the Municipal Government Act, being Chapter M-26, R.S.A. 2000, and amendments thereto, authorizes a municipality to pass bylaws respecting the safety, health and welfare of people and protection of people and property; AND WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws respecting nuisances, including unsightly property; AND WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws regarding the remedying of contraventions of bylaws; AND WHEREAS it is desirable to regulate certain activities within the Village for the health, safety, and welfare of people and property; NOW THEREFORE the Council of the Village of Longview, duly assembled, enacts as follows: ## PART 1. INTERPRETATION TITLE 1. This Bylaw may be cited as the "Community Standards Bylaw." ## DEFINITIONS 2. In this Bylaw: - a. "Automobile Parts" includes, but is not limited to, any vehicle or part or collection of vehicles parts, or one or more vehicles that are dilapidated, derelict or not in operable condition; - b. "Boulevard" means the strip of land between the curb and the Sidewalk and between the Sidewalk and the property line, or where there is no Sidewalk, the strip of land between the curb and the property line. Where there is no curb the meaning shall be extended to include the strip of land between the near edge of the Roadway and the property line. 4. с. "Building" includes a structure or anything constructed or placed on, in, over or under land but does not include a highway, road, or bridge forming part of a highway or road; - d. "'Cannabis" has the meaning given to it in the Cannabis Act  - e. "Cannabis Act" means Bill-45, an Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal code and other Acts, 1st Sess, 42nd Part, 2017; - f. "Child" means any person under the age of 18 years of age. - g. "Construction" means the temporary process of demolishing or building any structure, or repairing or improving a building that already exists, including landscaping, home repair, property improvement and any work in connection with that process; - h. "Continuous Sound" means any sound that occurs: - i. for a continuous duration of more than three (3) minutes; or - ii. sporadically for a total of more than three (3) minutes in any continuous fifteen (15) minutes time period; - i. "Council" means the Council of the Village of Longview; - j. "Dangerous Wildlife" means bear, cougar, coyote or wolf; or a wildlife species deemed dangerous by a Peace, Fish and Wildlife or Conservation Officer. - k. "Day-time" means the period: 10. or i. beginning at 7:00 A.M. and ending at 10:00 P.M. of the same day on weekdays; 11. or holidays; ii. beginning at 9:00 A.M. and ending at 10:00 P.M. of the same day on weekends 1. "Dispose" means discharging, dumping, placing, throwing, dropping, discarding abandoning, spilling, leaking, pouring, emitting, emptying, or any two or more of them. - m. "Electronic Smoking Device" means an electronic device that can be used to deliver a vapour, emission or aerosol to the person inhaling from the device, including but not limited to an electronic cigarette, cigar cigarillo or pipe. - n. "Encroachment" means the use of any portion of the Street and includes the airspace over such Street and any area beneath the surface of the Street. 15. о. "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way, or other place or any part of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: - i. a sidewalk, including a boulevard adjacent to the 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 fence and the edge of the roadway, as the case may be; but does not include a place declared by regulation not to be a highway; - р. "Holiday" means any statutory holiday as defined in the Interpretation Act of Alberta;   - q. "Landowner" includes an occupier, tenant, a person in control of property, and the person shown as the owner of the property on the Land Title for that property; - r. "Litter" means any solid or liquid material or product or combination of solid or liquid materials or product including, but not limited to: - a) any rubbish, refuse, garbage, paper, package, container, bottle, can, manure, human or animal excrement, or the whole or part of an animal carcass or offal, coal, wood, gravel, earth, sawdust, glass, or like material, plastic, nails, staples, tacks, scraps of metal, expended tobacco products; or - b) the whole or part of any article, raw or processed material, vehicle or machinery of any type that is disposed of. - s. "Material" means any object or article, animal waste, ashes, building waste, dry refuse, garbage, industrial chemical waste, refuse and yard waste as defined and includes sand, gravel, earth and building products. - t. "Motorized Garden Tool" means any tool used for horticulture that is powered by an electric or internal combustion engine of any kind; - u. "Natural Forces" includes: 8. rain, snow melt, and - b) water from hoses or other mechanical or human action; - v. "Night-time" means the period beginning at 10:00 P.M. and ending the following day at: - i. 7:00 A.M. if the following day is a weekday; or - il. 9:00 A.M. if the following day is a weekend or holiday; Weekends - Friday, Saturdays, and Sundays on long weekend Nightime will begin at 11:00 P.M. - w. "Noise" means any loud, unnecessary or unusual sound or any sound whatsoever which, in the opinion of an Officer in his sole discretion, having regard for all circumstances, including the time of day, and the nature of the activity generating the sound, is likely to unreasonably annoy, disturb, injure or detract from the comfort, repose, health, peace or safety of any Person within the limits of the Village;" - x. "Nuisance" means any condition or use of Premises which, in the opinion of an Officer, constitutes an unreasonably interference with the use and enjoyment of other Premises; 3. у. "Off-Highway Vehicles" has the same meaning as in the Traffic Safety Act as amended or repealed and replaced from time to time; - z. "Officer" means the Chief Administrative Officer, a Bylaw Enforcement Officer, a Community Peace Officer or a member of the RCMP who is authorized to enforce bylaws or for the purpose of inspection and enforcement under this Bylaw. An Officer is a designated Officer of the Municipality;  you lot - aa. Open Space Area" means any of the following: - i) any land in the Village which is developed, used, leased, controlled or managed by the Village as a public park, sports field, playground or recreational area, including, with restricting the generality of the foregoing, all lands in the Village which are jointly controlled or managed by the Village and Educational Authority, or other Government owner property for any of the purposes previously described; - ii) any land acquired by the Village through the subdivision process as reserve or public utility lot; - ii) any land used as a highway buffer strip, whether on a permanent or temporary basis; - iv) any land designated by resolution of Council as an Open Space Area for the purposes of this bylaw; or - v) any land developed by the Village as a pathway, park, playground or recreational area. - bb. "Outdoor Speaker System" means any sound amplification device that converts electrical impulses into sound, whether the device is independent or incorporated into a radio, stereo, television, public address or other system, which is used for general listening purposes and positioned: - i. outside of a building; - ii. inside of a building and within two (2) metres of any opening in the building including a window or doorway, where it is directed outside of the building; or - iii. in a tent; - сс. "Owner" of a property or premises means: - i. a Person who is registered under the Land Titles Act as the owner of the land; - ii. a Person who is recorded as the assessed person on the tax assessment roll of the Village; - ili. a Person who has purchased or otherwise acquired the land, whether he has purchased or otherwise acquired the land directly from the owner or from another purchaser and had not yet become the registered owner thereof; - iv. a Person holding himself out as the person having the powers and authority of ownership of the property or Premises or who for the time being exercises the powers of authority and ownership; - v. a Person controlling the property or Premises under construction; or - vi. a Person who is the occupant of the property or Premises pursuant to a lease agreement, license or permit; - dd. "Peace Officer" means any member of the Royal Canadian Mounted Police, a Peace Officer of the Village, a Designated Bylaw Officer, or any other peace officer sworn in by the Province of Alberta;  - ee. "Person" includes a corporation, other legal entities and an individual having charge or control of a premises; - ff. "Power Tool" includes any tool powered by an engine, motor or compressed air; - gg. "Premises" includes the external surfaces of all buildings and the whole or part of any parcel of real property, including land immediately adjacent to any building or buildings, situated in whole or in part within the Village and includes any buildings owned or leased by the Village; - hh. "Public Place" means any highway, street, sidewalk, lane, alley, park, school ground, playground, business, facility, or any public owned property within the Village; - ii. "Receptacle" means a container that is placed to provide for the collection of Litter. - jj. "Remedial Order" means an order written pursuant to Section 545 or 546 of the Municipal Government Act, as amended or replaced from time to time; - kk. "Residential Development" includes lands in Districts defined as Residential Districts in the Land Use Bylaw; - II. "Roadway" means that portion of the Street set aside for the specific use of the general public for the passage of vehicles but does not include any privately or publicly owned area primarily intended to be used for the parking of vehicles and the necessary passageways on that area. - mm. "Sidewalk" means that portion of a Street set aside for the use of and ordinarily used by pedestrians, whether or not the surface of such portion is covered with gravel, concrete, asphalt, or other type of paving - nn. "Signaling Device" means a horn, gong, bell, klaxon, or other device producing an audible sound for the purpose of drawing a person's attention to an approaching vehicle, including a bicycle; 00. "Smoke" or "Smoking" means: - i) the inhalation or exhaling the smoke or vapours produced by burning or heating of tobacco or cannabis or; - її) the holding or otherwise having control of any device or thing containing lit or heated tobacco or cannabis; - pp. "Street" means any thoroughfare, highway, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way, or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: - i. a Sidewalk (including a Boulevard portion thereo), - ii. where a ditch lies adjacent to and parallel with the Roadway, the ditch, and  - ili. where a Street 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 maybe; 2. qq. "Substance" is considered something that may attract dangerous wildlife if it is a food substance or other edible substance accessible to wildlife. 3. rr. "Structure" means a building, garage, shed, fence or other improvement erected or placed in, on, over or under land, whether or not it is affixed to the land; 4. ss. "Ticket" means any ticket which is authorized by the Municipal Government Act or under the Provincial Offences Procedures Act, and any amendments thereto, issued for any bylaw offence in which a penalty must be paid out of court in lie of appearing to answer to a summons; 5. tt. "Truck" means any vehicle that has a gross allowable maximum weight in excess of 5450 kilograms as listed on the official registration certificate issued by the Government of the Province of Alberta, or on any other official registration document issued by any other government body, regardless of the vehicles actual weight at a specific time, and includes a truck-tractor and tractor-trailer, but does not include a Concrete Mixer or Garbage Truck; 6. uu. "Unsightly Premises" means any Premises whether land, buildings, improvements to land or buildings, personal property or any combination of the above, located on the lands within the Village, in the opinion of an Officer, is unsightly to such a degree as to detrimentally affect the repose, amenities, use, value or enjoyment of the surrounding lands in reasonable proximity to the Unsightly Premises, or as otherwise detrimental to the surrounding area or in an unsightly condition as defined in the Municipal Government Act; - vv. "Vacant Lot" means any lot on which no place of residence is located, this does not include those lots where the residence of the property owner is located on an adjacent lot; ## ww. "Vape" or "Vaping" means: - i. the inhaling or exhaling the vapour, emissions or aerosol produced by an electronic smoking device containing tobacco or cannabis or; - ii. having or otherwise having control of an electronic smoking device that is producing vapour, emissions or aerosol from tobacco or cannabis. - xx. "Vehicle" means a device in, upon or by which a person or thing may be transported or drawn upon a Street, and includes a trailer so designed that it may be attached to or drawn by a motor vehicle or tractor and intended to transport property or persons and includes any trailer that is designed, constructed and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and includes any type of machinery, tractor, or such like.  - yy. "Village" means the Village of Longview, a municipal corporation in the Province of Alberta and where the context so requires means the area within the corporate boundaries of the said municipality; - zz. "Village CAO" means the Chief Administrative Officer of the Village as appointed by Bylaw, and anyone authorized by the Village CAO; - aaa. "Violation Tag" means a municipal tag or similar document in a form approved by the Town, authorized under the Provincial Offences Procedures Act as amended, issued for any offence in which a penalty may be paid out of court in lieu or appearing to answer a summons. - bbb. "Violation Ticket" means a ticket issued pursuant to Part II of the Provincial Offences Procedure Act; as amended, and the regulations thereunder. - ccc. "Walkway" means a right-of-way set aside for the use of and ordinarily used for pedestrian travel of the general public, whether publicly or privately owned and includes a Sidewalk and Boulevard portion thereof. - ddd. "Weekday" means Monday through Friday, inclusive, unless the day is a holiday, as defined in the Interpretation Act; - eee. "Weekend" means Saturday and Sunday or any other holiday as defined in the Interpretation Act. - "Wildlife Attractant" means any substance that could be reasonably expected to attract dangerous wildlife. - 8gg. "Work Forces" means Village employees and/or contract workers employed by the Village. ## PART 2 NOISE ## GENERAL PROVISIONS 3. No person shall in either Day-time or Night-time: - a) make, continue, cause, or allow to be made or continued any excessive, unnecessary, or unusual Noise of any type; - b) allow or permit any real or personal property that is owned, occupied or controlled by that Person to be used in any way that allows excessive, unnecessary, or unusual Noise of any type to emanate from such property; - c) operate, allow or permit the operation of a speaker system of any type at an unnecessarily loud volume, thereby creating excessive noise; - d) operate a motorized vehicle, including Off-Highway Vehicles, if the exhaust muffler is cut out, disconnected or has had the baffle plate or other parts removed. 4. Except as authorized pursuant to this Bylaw, no owner or occupier of a Premises shall make or cause or allow to be made or continue any noise which emanates from the Premises and   disturbs or annoys a Person, including any loud outcry, clamour, shouting, movement, music or activity. ## ACTIVITIES IN RESIDENTIAL DEVELOPMENTS 5. No Person shall operate: - a) a lawn mower; - b) a Motorized Garden Tool; - c) a Power Tool outside of any building or structure; - d) a model aircraft or drone driven by an engine of any kind; - e) a snow clearing device powered by an engine of any kind; - f) a motorized snow or leaf blowing device; - g) any other motorized device which may cause a disturbing noise; in a Residential Development during the Night-time. 6. A Person who owns, occupies or controls a vehicle must not at any time allow it to remain running for longer than twenty (20) minutes when it is stationary in a Residential Development or within 150 metres of a Residential Development. ## VEHICLE NOISES 7. Except as authorized, no Person shall permit a vehicle located on a Premises to emit noise which emanates from that Premise and disturbs or annoys any Person, including noises from excessive engine revving and stereo and amplification equipment in the vehicle. For the purposes of this section of the Bylaw, a vehicle includes a Vehicle and Off-Highway Vehicle, but does not include tractors or other vehicle operated in the maintenance of property. 8. If a vehicle is involved in an offence referred to in Section 7 the registered owner of that vehicle is guilty of an offence. ## OUTDOOR SPEAKER SYSTEMS 9. No person shall operate an Outdoor Speaker System on a parcel where a property line of the parcel is within 150 metres of a Residential Development during the period beginning at 10:00 P.M. and ending at 7:00 A.M. the following day. Weekends - Friday, Saturdays, and Sundays on long weekend Nightime will begin at 11:00 P.M. ## EXEMPTIONS 10. The provisions of this Part do not apply to: - a) emergency vehicles; - b) construction in Residential Developments during the Day-time, whether or not the Construction requires any municipal permits; - c) work on a municipal street or on a public utility carried out by the owner or operator of the public utility, or its contractors; - d) any activity within the sole jurisdiction of the Government of Canada or the Province of Alberta;  ## PERMITS 12. A Person may make application to the Village CAO for the temporary allowance of noise that would otherwise violate this Bylaw. 13. The application made pursuant to Section 12 must contain the following information: - a) the name, address and telephone number of the applicant; - b) the address of the site; 5. a description of the source of the noise; - d) the period of time that the exemption is desired. 14. An Officer may, in his sole discretion: - a) waive any requirement of Section 13; - b) issue a temporary allowance where it is determined that circumstances make it impractical for the applicant to comply with this Bylaw; 10. revoke any temporary allowance that has been issued if the Officer determines that the applicant has not taken sufficient measures to minimize noise; - d) impose any conditions on the issuance of the allowance that the Officer considers appropriate. ## PART 3 NUISANCES & UNSIGHTLY PREMISES ## NUISANCES 15. An owner or occupier of a Premise shall not cause or allow that property or the use of that property to constitute a Nuisance. 16. "Nuisance" for the purpose of this Part, includes any use of or activity upon a property which is offensive in the opinion of an Officer, or has or may have a detrimental impact upon any person or other property in the neighbourhood, and without limiting the generality of the foregoing, includes the following - e) work performed in relation to a highway or public utility by the owner or operator of the public utility, or its contractors; 4. activities or events exempted under the Land Use Bylaw; - g) work or activities deemed to be an emergency. 11. The provisions of this Part must not be interpreted to prevent: - a) the ringing of bells in churches, religious establishments, and schools; 8. the use of signalling devices of Vehicles in their normal operation for the purpose of giving warning to other drivers or pedestrians; - c) the sounding of any alarm or warning to announce a fire or other emergency; - d) the playing of a band or other activities related to a lawful parade, event, or public demonstration.  - a) the posting or exhibiting of posters, signs, billboards, placards, writings or pictures upon any fence or wall on any property, where the same are accumulated and become in a dilapidated or unsightly condition; - b) drawing, painting, or writing or any signs or message upon public or private property except with the prior permission of the owner of the property; - c) the whole or any part of more than one unregistered vehicles which are inoperative by reason of disrepair, removed parts or missing equipment; - d) equipment or machinery that has been rendered inoperative by reason of disassembly, age or mechanical condition; - e) the flow of water from hose, eavestrough, downspout, or similar device on the premise directed towards adjacent premises if it is likely that the water from the hose, eavestrough, downspout, or similar device will enter the adjacent premises; - f) the open or exposed storage on the premise of any industrial fluid, including engine oil, brake fluid, or antifreeze, or any other hazardous materials; - g) the whole or part of an animal carcass, manure, animal or human excrement, sewage, or any other biological waste; - h) the creation of smoke, dust or other airborne matter without taking reasonable precautions that the matter does not escape the Premises; - i) the shining of an outdoor light directly into the living or sleeping areas of an adjacent Premise. 17. No person shall place, deposit, throw, or cause to be placed, deposited or thrown upon any village property, including any street, lane, sidewalk, parking lot, park, or other public place: - 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 confectionary; - 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 or wrecked or dilapidated motor vehicles or parts there from; 17. g)any motor vehicle or any part of any motor vehicle which may, in whole or in part, obstruct any highway, street, lane, bi-way or other public place; - h) dirt, filth, or rubbish of any kind whether similar or dissimilar to the foregoing. 18. A person who has placed, deposited or thrown or caused to be placed or thrown anything or any matter mentioned in Section 17 upon any street lane, sidewalk, parking place, park, or other public place shall forthwith remove it. 19. Notwithstanding Section 17.d, the accumulation of manure or other animal waste on a property used for agricultural purposes shall not constitute a nuisance under this Bylaw, conditional to it not adversely affecting the quality of life or health of the neighbouring parties.  ## BURN BARRELS 20. The burning of rubbish, garbage, scrap lumber (treated or painted) in a barrel shall be prohibited within the boundaries of the Village. Any existing burn barrels must be removed. ## UNSIGHTLY PREMISES 21. An owner or occupier of a Premise shall not cause or allow that property to be an Unsightly Premise. 22. "Unsightly Premise" for the purpose of this Part, includes, but is not limited to: - a) the accumulation of rubbish, refuse, garbage, papers, packages, containers, bottles, cans, dirt, soil, gravel, rocks, sod, broken household furniture, chattels or goods, boxes, cartons, discarded fabrics, and the like; - b) uncut grass or the presence of weeds, which in the opinion of an Officer, are excessive or which demonstrate neglect by the owner; 5. the accumulation of yard material, ashes, or scrap building material; 6. the accumulation of building materials, whether new or used, unless the owner or occupier can establish that a construction or renovation undertaking is being carried out on the premises and that the project has begun or the beginning of the work is eminent; and that the material is stacked or stored in an orderly manner; - e) any form of scrap, litter, trash, or waste of any kind. ## MAINTENANCE STANDARDS - RESIDENTIAL DEVELOPMENTS 23. All buildings, structures and improvements to property in the Village shall be maintained so that the: - a) foundations; 3. exterior walls; - C) roof; 5. windows, including frames, shutters and awnings; - e) doors, including frames and awnings; - f) steps, sidewalks, and driveways; and - g) fences 9. are kept in a reasonable state of repair. 24. All fixtures, improvements, renovations or additions to any building, structure or improvement of property, including, but not limited to: - a) exterior stairs; - b) porches; - c) decks; - d) patios; - e) landings; - f) portable seasonal lawn furniture and accessories; - g) gazebo; - h) balconies; or  - i) other similar structures shall be maintained in a reasonable state of repair. 25. All owners or occupiers of a property shall ensure that all garbage is stored in animal and weatherproof containers and are responsible for any such clean up relating to a violation of this section. ## GRASS 26. A well maintained lawn and adjoining boulevard ensures our communities are safe, clean and attractive. Grass must be less than six inches (15 cm) tall. As a resident you are responsible for caring for and maintaining your lawn and property. This generally includes all adjacent areas such as boulevards, sidewalks, walkways, lanes and to the centre of the back alley. The best time to water your lawn is early in the morning or once it cools off in the evening. Make sure the water isn't running onto the streets or sidewalk. ## WEEDS 27. Keep weeds under control and ensure they don't spread from your property. Did you know: - a) Long grass can lead to mosquito and mouse problems. - b) Weeds spread to your neighbour's property, spoiling their property's appearance and reducing its value. - c) People increase their use of pesticides when weeds get out of control. ## BOULEVARD MAINTENANCE 28. Any person having occupation and control of a property, and whether such person is the owner, lessee, tenant or agent of the owner of the property, shall maintain, including but not limited to cutting the grass, on the boulevard abutting the frontage of such property and on the boulevard abutting the flankage of such property. 29. For the purposes of this Bylaw a boulevard shall be considered to be a portion of and included in the property itself. ## EXEMPTIONS 30. The provisions of this Part shall not be interpreted to prevent bona fide and permitted commercial, industrial, agricultural, construction, demolitions, renovation, landscaping, cleanup, storage or other related activities from being carried out on, or in relation to a Premise. ## GENERAL PROVISONS 31. The Owner of a Premise that carries on, or permits the carrying on of any activities referred to in this Part of the Bylaw shall ensure that all reasonable steps are taken to minimize the duration and visual impact of any resulting untidiness or unsightliness of the Premise.  32. In accordance with Section 542 of the Municipal Government Act, as amended or replaced from time to time, an Officer may enter on to Lands, upon providing the Owner with reasonable notice, for the purpose of carrying out an inspection to insure compliance with the provisions of this Bylaw or enforcement of any other action that is required or authorized under this Bylaw. 33. If the Officer considers any property to be a Nuisance or Unsightly Premise, the Officer may issue a Remedial Order or a Violation Ticket, or both a Remedial Order and Violation Ticket. ## TREE, SHRUB, & HEDGE MAINTENANCE 34. Property owners are responsible for the trimming of trees, shrubs, and hedges on their property to ensure that sidewalks are not encroached upon and that people utilizing the sidewalk can walk without branches encumbering their movements. 35. Trees that overhang sidewalks should be trimmed to eight feet directly overhead of the sidewalk and back to the property line.   Trees that overhang roadways, streets, and lanes should be trimmed to a height of no less than 15 feet to ensure that trucks, motorhomes can pass beneath them without risk of damaging either the vehicle or the tree. The trees need to be trimmed back to the property line. ## FRUIT TREES  If you have a fruit-bearing tree or shrubs, consider removing it. Fruit trees in residential areas of Longview bring bears into the townsite. If you can't remove the tree, it is your responsibility to remove the fruit as soon as it begins to ripen and bring it indoors or properly dispose of it.  36. No person or owner other than a Peace Officer or a person appointed by the CAO who is acting in the course of their duties shall store, collect, handle or dispose of wildlife attractants in such a way that the wildlife attractants are accessible to or may attract dangerous wildlife. 37. No person or owner of a parcel of land shall permit fruit from a tree or bush, or otherwise located on a parcel of land, to accumulate on the tree, bush or ground such that it attracts dangerous wildlife. 38. No person or owner shall feed, attempt to feed or permit the feeding of dangerous wildlife and must not feed other animals in a manner that is likely to attract wildlife. ## BIRD FEEDERS 40. Bird Feeders are not to be used from September 1st to the end of November. ## OPEN SPACE AREAS 41. The hours of operation of any and all Open Space Areas within the Town shall be from 5:00 a.m. until 12:00 a.m. each and every day. 42. No person shall be within an Open Space Area outside of the hours of operation 43. A Peace Officer may demand a person leave an Open Space Area. 44. No person shall: - a) Camp in a public place; - b) Erect a tent, in a public space, without a permit; or - c) Build or place any structure in a public place, without a permit. 45. No person shall ignite or allow a fire to burn in an open space area except in a designated fire pit or other receptacle intended for such use and provided by the Town. 46. No person shall engage in any conduct or activity in an open space area which may: - a) Injure any other user of an open space area; - b) Disturb the use or enjoyment of the open space area by any other user of that open space area; or - c) Damage an open space area or an amenity of an open space area. ## SMOKING and VAPING 47. No person is permitted to smoke or vape tobacco or cannabis in a public place or open space area or any other area where children could be or may be present. 48. Section 9(a) of this Bylaw shall not include areas approved or designated by the Village solely for the use smoking or vaping be it temporary or permanent. ## PART 4 REMEDIAL ORDERS 49. Every Remedial Order written with respect to this Bylaw must comply with the Municipal Government Act.  50. A Remedial Order written pursuant to this Bylaw may be served personally upon the owner of the premises to which it relates, or it may be left with a Person apparently over the age of eighteen (18) years at the premises, or sent by regular mail to the address on the tax roll, or posted on the parcel in contravention of this Bylaw and the Remedial Order shall be deemed to have been served upon the expiry of three (3) days after the Remedial Order is posted. 51. Every person who fails to comply with a Remedial Order issued pursuant to this Bylaw within the time frame set out in the Remedial Order commits an offence. ## APPEAL OF REMEDIAL ORDERS 52. A person to whom a Remedial Order is directed may seek a review of the Remedial Order by filing an appeal in writing to the Village CAO within fourteen (14) days of the receipt of the Remedial Order. - a) A person to whom a Remedial Order has been issues under Section 20 for a property considered Vacant under the definition within this Bylaw, must file their appeal within seven (7) days of receipt of the Remedial Order. 53. An appeal must state the name of the appellant, the municipal address of the property to which the Remedial Order being appealed from relates, a day-time telephone number at which the appellant may be reached, and an address at which documents in relation to the appeal may be delivered. ## PART 5 ENFORCEMENT ## OBSTRUCTION 54. No person shall resist or willfully obstruct or attempt to obstruct an Officer or a member of a Fire Department in the lawful execution of his duties. ## OFFENCE 55. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable upon summary conviction, to the specified penalty for the offence as set out in Schedule "A". 56. A Peace Officer is hereby authorized and empowered to issue Violation Tickets to any person who the Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 57. 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. 58. 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 of Alberta, on or before the initial appearance dates, the Violation Ticket together with an amount equal to the specified penalty as set out in Schedule "A".  59. When a Clerk of the Provincial Court of Alberta accepts receipt of a voluntary payment pursuant to Section D of the Provincial Offences Procedure Act, the act of recording the payment constitutes the acceptance of the guilty plea an also constitutes a conviction and the imposition of a fine in the amount of the specified penalty. ## VIOLATION TICKETS AND PENALTIES 60. Where a Peace Officer believes that a person has contravened any provision of this Bylaw, the Peace Officer may commence proceedings against the Person by issuing a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act. 61. The minimum specified penalties are outlined in Schedule "A" of this Bylaw. 62. Notwithstanding Section 37 of this Bylaw, if a person is convicted of violating the same provision of this Bylaw twice within twelve (12) months from the date of the first offence, the minimum specified penalty for the second such violation shall be double the amount set out in Schedule "A" of this Bylaw. ## ENFORCEMENT 63. Where a Peace Officer issues a Person a Violation Ticket in accordance with Section 42 of this Bylaw, the Peace Officer may either: - i. allow the Person to pay the minimum specified penalty as provided in Schedule "A" of this Bylaw; or - ii. require a Court appearance by the Person where the Officer believes that such appearance is in the public interest, pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act. 64. If a Remedial Order is issued pursuant to this Bylaw, the Village may take whatever actions or measures are necessary to deal with the unsightly condition of a property in accordance with the Municipal Government Act, and collect any unpaid costs or expenses incurred by the Village in accordance with the Act. 65. The Village is not required to enforce this Bylaw. In deciding whether to enforce this Bylaw, the municipality may take into account any practical concerns, including available municipal budget and personnel resources. 66. The costs and expenses of the actions or measures taken by the Village may be charged in addition to any penalty imposed under this Bylaw. ## PART 6 GENERAL PROVISIONS 67. The owner of any real property, as registered on title at the Land Titles Office is ultimately responsible for all activities on the property which may constitute prohibitions of this Bylaw. 68. Nothing in this Bylaw relieves a person from complying with any Federal or Provincial Law or Regulation, any other bylaw or any requirements of lawful permit, order or license.  69. Where this Bylaw refers to another Act, bylaw, regulation or agency, it includes reference to any Act, bylaw, regulation or agency that may be substituted therefore. 70. Every provision of this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable. 71. All schedules attached to this Bylaw shall form part of this Bylaw. 72. This Bylaw rescinds Village of Longview Bylaws #355-13. 73. This Bylaw comes into full force and effect upon third and final reading. READ a first time this 18* day of September, 2017 READ a second time this 16* day of October, 2018 READ a third time this 16* day of October, 2018   Kattie Wigit MAYOR Xel Parras HIEF ADMINISTRATIVE OFFICER Violation Fines under this Bylaw $250.00 $500.00 $1,000.00 First Offence Second Offence Third & Subsequent Offences Fail to Comply with Remedial Order $500.00 $1,000.00 $1,500.00 First Offence Second Offence Third & Subsequent Offences  ## SCHEDULE "B" ## REMEDIAL ORDER (Issued Pursuant to the Municipal Government Act, RSA 2000, c. M-26) ROLL # DATE: NAME: MAILING ADDRESS: ## NUISANCE & UNSIGHTLY PREMISE DESCRIPTION ## TAKE NOTICE THAT As a result of an inspection of the property located at: Being a designated officer of the Village of Longview, having the delegated power, duties and functions for the purposes of Section 545 of the Municipal Government Act, I find that you are in contravention of the provisions of the Village of Longview Community Standards Bylaw. You are hereby ordered to remedy the condition of the above property within date stated above. days from the CORRECTIVE ACTION REQUIRED ## AND TAKE ALL NECESSARY MEASURES TO PREVENT THE ABOVE CONTRAVENTION FROM OCCURRING Officer's Signature PLEASE SEE REVERSE Officer's Name ## IMPORTANT - If the required actions are not done within the time specified, the Village of Longview may carry out the work required and charge all costs thereof against the person whom the Order is directed and if such a person does not pay the costs, the costs shall be charged against the property concerned as taxes due and owing in respect of that property, and recovered as such. - Every person who fails to comply with a Remedial Order issued pursuant to this Community Standards Bylaw within the time set out in the Remedial Order commits an offence. - A person to whom a Remedial Order is directed may seek a review of the Remedial Order by filing for an appeal in writing to the Chief Administrative Officer within fourteen (14) days of the receipt of the Remedial Order for all Nuisances, and seven (7) days of the receipt of the Remedial Order for all Unsightly Premises by writing to: Chief Administrative Officer Village of Longview PO Box 147 Longview, AB TOL 1HO