Bylaw No. 994/ADM/2022 Community Standards Bylaw

Municipal District of Fairview No. 136, Alberta · No. 994/ADM/2022 · adopted 2023-05-23 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 43074dec6e9c · verified 2026-10-22 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

1 ZEPXS> BYLAW NO. 994/ADM/2022 MUNICIPAL DISTRICT OF FAIRVIEW NO. 136 A BYLAW OF THE MUNICIPAL DISTRICT OF FAIRVIEW NO. 136 IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING, CONTROLLING AND ABATING NUISANCES, NOISE, DANGEROUS AND UNSIGHTLY PREMISES. WHEREAS Council deems it desirous to promote maintenance of property within the Municipal District of Fairview No. 136, tidy and safe living conditions and to minimize nuisance to other persons, AND WHEREAS Sections 7 and 8 of the Municipal Government Act, R.S.A. 2000 Chapter M-26, of the Province of Alberta, gives Council the authority to pass such a bylaw; NOW THEREFORE, The Council of the Municipal District of Fairview No. 136, in the Province of Alberta, enacts the following: SECTION 1: INTERPRETATION 1.1 This bylaw may be referred to as the Municipal District of Fairview No. 136 "Community Standards Bylaw". 1.2 The headings in this bylaw are for the purposes of guidance and convenience only. 1.3 Any reference to the provisions of a statute of Alberta is a reference to that statute as amended, from time to time. 1.4 Nothing in this bylaw relieves a Person from complying with any provision of any Provincial or Federal legislation or regulation, other bylaw or any requirement of any lawful permit, order or license. SECTION 2: APPLICATION 2.1 Nothing in this bylaw shall prevent bona fide Agricultural Practices. 2.2 This bylaw shall apply to Property within the boundaries of the Hamlets of Bluesky and Whitelaw. 2.3 This bylaw shall not affect any property recognized by the Municipal District of Fairview No. 136 as a sanitary landfill site, recycling centre or other waste management facility. SECTION 3: DEFINITIONS 3.0 This bylaw uses the following terms: a) Abandoned Equipment: equipment or machinery, which has been rendered inoperative by reason of its disassembly, damage, age or the deterioration of its mechanical condition, and includes, but is not limited to, any household appliances stored outside of a residence or other Structure, regardless of whether the household appliance is in an inoperative condition. b) Abandoned Vehicle: the entirety or any portion of any Motor Vehicle, where that vehicle: (i) is in a rusted, wholly or partially wrecked, dismantled, or inoperative condition, and is not located within a Structure or located on Property such that it can be concealed from view; or (ii) | has no current license plate attached to it and, in respect of which, no registration certificate has been issued for the current year; or (iii) is inoperative by reason of missing or disassembled parts or equipment and is not located within a Structure or located on Property such that it can be concealed from view. c) Agricultural Practices: agricultural practices that are conducted in a manner consistent with appropriate and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances and, without limiting the Page 1 of 10 fZ-- generality of the foregoing, includes the use of innovative technology with advanced management practices. d) Boulevard: as defined in the Traffic Safety Act; e) Bylaw Enforcement Officer: the designated officer(s) appointed by the Municipality for the purposes of inspections or the enforcement of bylaws for the Municipal District of Fairview No. 136. f) Compost: the managed practice of recycling organic material including food and yard waste, through biological degradation in a container or pile, to create a useable soil conditioner. g) Construction Equipment: machinery or equipment typically utilized in the construction process and shall include, but not be limited to, a riveting machine, concrete mixer, gravel crusher, steam shovel, dragline, backhoe, air or steam compressor, jack-hammer, pneumatic drill, tractor (other than a tractor used in farming operation), bulidozer, front end loader, motor scraper, motor grader or any other tool, device or machine of a noisy nature used in the construction process. h) Council: the Council of the Municipal District of Fairview No. 136. i) Designated Officer: a Bylaw Enforcement Officer, or any other Person who has been appointed by the Municipality, for the purpose of inspections or enforcement of bylaws for the Municipal District of Fairview No. 136. ]) Front Yard: as defined by the Municipal District of Fairview No. 136's Land Use Bylaw No. 876. k) Land Titles Act: the Land Titles Act, being Chapter L-4 of the Revised Statutes of Alberta 2000, as amended from time to time. l) Land Use Bylaw: the Municipal District of Fairview No. 136's Land Use Bylaw No. 876, as amended from time to time. m) Municipal Government Act (MGA): the Municipal Government Act, being Chapter M-26 of the Revised Statutes of Alberta 2000, as amended from time to time. n) Motor Vehicle: as defined in the Traffic Safety Act, 0) Municipality: the Municipal District of Fairview No. 136, in the Province of Alberta. p) Nuisance: a condition or an emission from Property which, in the opinion of a Designated Officer, following the guidelines contained in this bylaw, constitutes an unreasonable interference with the use and enjoyment of other private or public Property, and includes, without limiting the foregoing, Noise or an Unsightly Premises. q) Nuisance Animal: any animal identified in section 3(1) of the Pest and Nuisance Control Regulation under the Agricultural Pests Act, being Chapter A-8 of the Revised Statutes of Alberta 2000, as amended from time to time. r) Noise: any sound which, having regard all relevant factors, is likely to unreasonably annoy, disturb, injure, endanger or detract from the comfort, repose, health, peace or safety of a Person. s) Occupant. any Person, other than the registered Owner, who is possession of the Property, including, but not restricted to, a lease, licensee, tenant or agent of the Owner. t) Off-Highway Vehicle: as defined in the Traffic Safety Act. u) Owner: (i) a Person registered as Owner of Property under the Land Titles Act; (ii) a Person who is recorded as the Owner of Property on the Assessment Roll of the Municipal District of Fairview No. 136; (iii) a Person who has purchased or otherwise acquired the Property, whether they have purchased or otherwise acquired the Property directly from the Owner or from another purchaser, and has not become the registered pane thereof; D2 Page 2 of 10 Ye (iv) a Person holding himself out as the Person exercising the power or authority of Ownership or who, for the time being, exercises the powers and authority of Ownership over the Property; (v) a Person in control of Property under construction; or (vi) a Person who is the Occupant of the Property. v) Permit: a written Permit issued by the Municipal District of Fairview No. 136 pursuant to this Bylaw or any other Bylaw of the Municipal District of Fairview No. 136. Ww) Person: a corporation, partnership, or individual, and the heirs, executors, administrators or other legal representatives of an individual. X) Pest: any animal, bird, reptile or insect which causes, or could reasonably be expected to cause, annoyance, damage or injury to any Person, animal or plant. y) Property: any lands, buildings, Structures or premises, or any personal property located thereupon, within the municipal boundaries of the Hamlets of Bluesky and Whitelaw. Z) Provincial Offences Procedures Act: the Provincial Offences Procedures Act, being Chapter P-34 of the Revised Statutes of Alberta 2000, as amended from time to time. aa) Quiet Hours: e Any non-holiday weekday (Monday -- Friday) between the hours of 10:00 p.m. and 7:00 a.m.; and, e Any Saturday, Sunday or statutory holiday recognized in Alberta between the hours of 10:00 p.m. and 9:00 a.m. bb) Refuse: all solid and liquid waste including, but not limited to: e organic and inorganic household, garden and yard waste; e cardboard, paper products, discarded fabrics; e bottles, cans, cartons, or other containers; e dilapidated furniture; e scrap building materials; e scrap metals; e tires: e Abandoned Vehicles, Abandoned Equipment; e petroleum products, chemicals, hazardous materials; ® manure or sewage; e whole or part of animal carcasses; or e any other form of garbage, rubbish, waste or litter. cc) Reasonable State of Repair: the condition of being: (i) structurally sound, (ii) free from significant damage, (iii) free from rot or other deterioration, and (iv) safe for its intended use. dd) Recreational Vehicle: as defined in the Municipal District of Fairview No. 136's Land Use Bylaw. ee)Sidewalk: as defined in the Traffic Safety Act. ff) Structure: A building, item or improvement placed in, on, or over land, whether or not it is affixed to the land. gg) Traffic Control Device: any sign, signal, marking or device placed, marked or erected under the authority of this bylaw or the Traffic Safety Act for the purpose of regulating, warning or guiding traffic. hh)Traffic Safety Act: the Traffic Safety Act, being Chapter T-6 of the Revised Statutes of Alberta 2000, as amended from time to time. ii) Unsightly Premises: Any Property, whether land, Structures, personal property or any other combination of the above, located within the Municipality that, in the opinion of a Designated Officer, is unsightly to such an extent as to detrimentally affect the repose, amenities, use, value or enjoyment of the surrounding Properties in reasonable proximity to the Unsightly Premises, or is otherwise detrimental to the surrounding area or in an Unsightly condition as defined by the Municipal Government Act. Page 3 of 10 ff j)) Violation Tag: A tag or similar document issued by the Municipality pursuant to the Municipal Government Act that alleges a bylaw offence and provides a Person with the opportunity to pay an amount to the Municipality in lieu of prosecution for the offence. kk) Violation Ticket: A ticket issued by the Municipality pursuant to the Provincial Offences Procedures Act. Il) Weed: \nclude noxious and prohibited noxious weeds that are regulated by the Province of Alberta under the Weed Control Act. mm) Weed Control Act: the Weed Contro/l Act, being Chapter W-5.1 of the Revised Statutes of Alberta 2000, as amended from time to time. SECTION 4: NUISANCES, UNSIGHTLY OR DANGEROUS PREMISES 4.1 An Owner of Property shall not cause or allow that Property to become a danger to the health or safety of the public. 4.2 An Owner of Property shall not cause or allow that Property to pose an environmental concern or fire hazard. 4.3 An Owner of Property shall not cause or allow that Property to become an Unsightly Premises. 4.4 An Owner of Property shall not cause or allow that Property or the use of that Property to constitute a Nuisance. Conditions constituting a Nuisance include, but are not limited to: a) the accumulation of Refuse on the Property; b) the presence of whole or part of animal carcasses, hazardous materials, feces or sewage; c) the production of any generally offensive or noxious fumes or odours; d) the production of excessive dust, dirt or smoke; e) stagnant water, or other conditions or attractants which support the breeding of mosquitoes, Pests or Nuisance Animals; f) grass more than fifteen centimeters in length or the presence of Weeds; g) the presence of shrubs, trees, Weeds or other vegetation which, because of its location on the Property: (i) has caused or is causing damage to adjacent properties, (ii) interferes or could interfere with any public work or utility, (iii) obstructs a sidewalk, municipal road or public place, or (iv) impedes the visibility of Traffic Control Devices or obstructs sight lines necessary for the safe operation of Motor Vehicles on a municipal road; h) the presence of Abandoned Vehicles or Abandoned Equipment; i) the failure to keep Property and the Structures thereon in a Reasonable State of Repair. j) the presence of any accessible excavation, ditch, drain or standing water that could pose a danger to the health and safety of the public; 4.5 An Owner of Property shall not permit or allow, and no Person shall cause Refuse, Abandoned Equipment or Abandoned Vehicles be placed or stored upon the Property of another Person or Owner. 46 Notwithstanding Section 4.5, Refuse, Abandoned Equipment or Abandoned Vehicles may be placed: a) in an appropriate container placed for temporarily collecting it; or b) ata Refuse management facility; or c) in a Refuse disposal system established by the Municipality. 47 A Person shall not set out waste for collection at any front yard or curbside collection location before 12:00 p.m. (noon) on the day before the collection date. A Person shall not leave waste containers at any front yard or curbside collection location later than 12:00 p.m. (noon) Page 4 of 10 EE on the day after the collection date. 4.8 Nothing in Section 4 is intended to prohibit using Refuse for Compost. When Composting: a) A Person shall Compost material in a container or heap in such a manner that: (i) It is as orderly, non-offensive and non-odorous as is reasonably possible: (ii) It does not constitute a Nuisance; and, (iii) It does not attract Nuisance Animals or Pests. b) A Person shall not keep or store Composting containers or heaps within one metre of a Property line; c) A Person shall not compost material in a front Yard; d) A Person shall not use or allow to be used any hazardous materials, sewage, feces or animal carcasses (whole or part) as Compost material. SECTION 5: NOISE 5.14 Except as otherwise permitted pursuant to this Bylaw, no Person shall, during Quiet Hours: a) make, continue, cause or allow to be made, continued or caused a Noise; b) operate or permit the operation of a Motor Vehicle or Off-Highway Vehicle in a manner that causes a Noise; c) permit, suffer or allow Property, real or personal, which the Person owns, occupies or controls, to be used in a manner such that there emanates a Noise; or, d) operate or permit the operation of Construction Equipment, power tools, a power lawn mower, or a power snow removal device in a manner that causes a Noise. 5.2 In determining whether a sound is a Noise that is likely to unreasonably annoy, disturb, injure, endanger or detract from the comfort, repose, health, peace or safety of a Person, relevant factors to be considered include, but are not limited to: e the type, volume and duration of the sound; e the time of day or night; e the nature and use of the surrounding area; e proximity of the sound to sleeping facilities, whether residential or commercial; and e whether the sound is recurrent, intermittent or constant. 5.3 The Chief Administrative Officer may, upon receipt of a written request, issue a Permit to a Person suspending the application of Section 5 of this Bylaw. Any Permit issued pursuant to the provisions of this Bylaw shall: e Specify the hours and dates during which the Noise may occur; e Include the name, address and telephone number of the Person to whom the Permit is issued; e Include any other condition or limitations the Municipality determines to be warranted in the circumstances; and . e Be produced to a Bylaw Enforcement Officer upon demand. 5.4 Section 5 shall not apply to: a) Any Person operating under the authority of a Permit issued by the Municipality or any other written approval granted by the Municipality; b) Any Person performing work of an emergency nature for the preservation or protection of life, health or Property; c) The operation of emergency equipment or any emergency vehicle; d) Any act of emergency maintenance or repairs being carried out by employees, agents or contractors of the Municipality; e) Any act of emergency maintenance or repairs being carried out by employees, agents or contractors of any public or private utility; or, f) Any activity within the sole jurisdiction of the Government of Canada or the Province of Alberta. as Page 5 of 10 fe SECTION 6: LIGHT 6.1 A Person shall not cause or permit outdoor lighting located on Property to be directed such that the light generated: a) shines directly into the living or sleeping areas of an adjacent dwelling, b) disturbs the peace of a Person or unreasonably affects the use or enjoyment of another Property, or c) interferes with traffic safety on any roadway, unless the outdoor light is permitted or required pursuant to the Land Use Bylaw, a development permit or a similar municipal approval. SECTION 7: SIDEWALK AND BOULEVARD MAINTENANCE 7.1 An Owner of Property shall remove or cause to be removed snow, ice, dirt, debris or other obstruction from that part of the Sidewalk that is adjacent to the Owner's property, within seventy-two (72) hours of deposit. 7.2 A Person shall not construct, erect, or place any installation or device, which shall open over, obstruct or in any way encroach upon a Sidewalk, without permission from the Municipality. 7.3 An Owner of Property shall not allow trees, shrubs, bushes, grasses, or other vegetation to encroach upon a Sidewalk from their Property. 7.4 A Person shall not deposit snow, ice, dirt, or debris onto a Sidewalk. 7.5 An Owner of Property shail maintain any Boulevard adjacent to Property they own or occupy by keeping grass on the Boulevard cut to a length of not more than 15 centimeters and removing any Weeds, fallen leaves or debris from the Boulevard. SECTION 8: VEHICLES 8.1 An Owner of Property shall not allow the number of Recreational Vehicles stored or parked on the Property to exceed the number of Recreational Vehicles permitted by the Land Use Bylaw. 8.2 An Owner of Property shall not allow a Recreational Vehicle to be parked on Property for living and steeping accommodation by a bona fide tourist for a period exceeding that permitted by the Land Use Bylaw. 8.3 An Owner of Property shall not allow a Motor Vehicle or Recreational Vehicle be stored or parked in a front yard other than in a parking area where Motor Vehicles or Recreational Vehicles are intended to be parked. 8.4 A Person shall not store or park a Motor Vehicle or Recreational Vehicle on any Boulevard or Sidewalk. SECTION 9: ENFORCEMENT 9.4 Nothing in this Bylaw restricts the Municipality or any of its Designated Officers to specifically mentioned sections of the Municipal Government Act. All appropriate sections of the Municipal Government Act shall be considered and may be relied upon by the Municipality or any of its Designated Officers. 9.2 The Municipality has the discretion to enforce this Bylaw and is not liable of any outcomes should the Municipality, or its Designated Officers, not decide to enforce this Bylaw, if acting in good faith. Inspections 9.4 Inspections will be performed pursuant to and in accordance with Section 542 of the Municipal Government Act. Orders 9.5 Where contraventions of this Bylaw has occurred or is occurring, a Designated Officer may issue an Order pursuant to and in accordance with Sections 545 and 546 of the Municipal Page 6 of 10 | Government Act. 9.6 Nothing in this Bylaw shall be construed to limit or hinder the ability of the Municipality to issue an Order pursuant to Sections 545 and 546 of the Municipal Government Act, or to recover costs and expenses relating to enforcement or remedial! action pursuant to the Municipal Government Act. 9.7 An Order issued for a contravention of this bylaw may be served: (a) in the case of an individual: (i) by delivering it personally to the individual: (ii) by leaving it for the individual at their apparent place of residence with someone who appears to be at least eighteen (18) years of age; or, (iii) by registered mail addressed to the individual at their apparent place of residence or to any address for the individual on the tax roll of the Municipality; and, (b) in the case of a corporation: (i) by delivering it personally to any director or officer of a corporation; (ii) by delivering it personally to a Person apparently in charge of an office of the corporation or at an address held out by the corporation to be its address; or, (iii) by registered mail addressed to the registered office of the corporation. Offences and Penalties 9.7 Regardless of whether an Order has been issued, any person who contravenes any provision of this Bylaw by doing any act or thing which the person is prohibited from doing, or by failing to do any act or thing the person is required to do, is guilty of an offence pursuant to this Bylaw. 9.8 Any person guilty of an offence is liable: (a) in the case of a Violation Tag, to a fine as prescribed in Schedule "A" of this Bylaw; and, (b) In the case of a Violation Ticket, a specified penalty in an amount equivalent to that prescribed by Schedule "A", or, upon summary conviction, to a fine and/or other penalty not to be less than the specified penalty in Schedule "A", and not to exceed the maximum amount or other penalties provided for by the Municipal Government Act. 9.9 The payment of a Violation Tag or a Violation Ticket shall not relieve a Person from the necessity of paying any fees, charges, costs or expenses for which that Person is liable under this Bylaw or any other Bylaw or enactment. Nor shall such payment relieve the Person from the necessity of complying with this Bylaw. 9.10 A Designated Officer is hereby authorized to issue a Violation Tag to any Person whom the Designated Officer has reasonable grounds to believe has contravened any provision of this Bylaw. 9.11 A Violation Tag shall be served using the same methods provided for serve of an Order in this Bylaw. 9.12 A Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state: (i) the name of the Person to whom the Violation Tag is issued; (ii) a description of the Property upon which the offence has been committed, if applicable; (iii) the offence: (iv) the specified penalty for the offence as established in Schedule "A" of this Bylaw; (v) that the penalty shall be paid within (30) days of the issuance of the Violation Tag; and (vi) any other information as may be required by the Chief Administrative Officer. 9.13. Where a Violation Tag has been issued, the Person to whom it has been issued may, in lieu of being prosecuted for the offence pay to the Municipal District of Fairview No. 136 the penalty specified on the Violation Tag. 9.14 Ifa Violation Tag has been issued and the penalty specified on the Violation Tag has not been paid within the prescribed time, a Designated Officer is hereby authorized to issue a Violation Ticket pursuant to the Provincial Offences Procedures Act. 9.15 Notwithstanding Section 9.14 of this Bylaw, a Designated Officer is hereby authorized to immediately issue a Violation Ticket to any Person to whom the Designated Officer has reasonable grounds to believe has contravened any provision this bylaw. Page 7 of 10 {L-- 9.16 A Violation Ticket shall be served in accordance with the Provincial Offences Procedure Act. SECTION 10: OBSTRUCTION 10.1. No Person shall obstruct, hinder or impede any Designated Officer or Municipal employee, contractor, agent or other Person in the exercise of any of their powers or duties pursuant to this bylaw. SECTION 11: VICARIOUS LIABILITY 11.1. For the purposes of this bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the Person if the act or omission occurred in the course of the employee's employment with the Person, or in the course of the agent's exercising the powers or performing the duties on behalf of the Person under their agency relationship. SECTION 12: CORPORATIONS AND PARTNERSHIPS 12.1. When acorporation commits an offence under this bylaw, every principle, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. 42.2 Ifa partner in a partnership is guilty of an offence under this bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. SECTION 13: SEVERABILITY 13.1. Each provision of this bylaw is independent of all other provisions and should any provision of this bylaw be deemed invalid by a court of competent jurisdiction, then the invalid provision shall be severed, and all other provisions of this Bylaw shall remain valid and enforceable. SECTION 13: EFFECTIVE DATE 13.1 This bylaw shall come into force upon receipt of its third and final reading. Read a firsL#imne this 13" day of September, 2022. Ly Dog pn i Reeve Philip Kolodychuk AO Robert Jorgensen Lo Read a second time this 23° day of May, 2023. _~ Y/ , LS LLL aegpe Reeve Philip Kolodychuk AO Robert Jorgensen Read a third and final time this 23° day of May, 2023. ral hy a8 aie a ail Reeve Philip Kolo SAD pavers Jorgensen & Page 8 of 10 SCHEDULE "A" i ee ee eee Offence | &subsewent) Offence 4 Nuisances, Unsightly or Dangerous Premises 4.1 ___ Property that is a danger to the health or safety of the public __{$ 200.00 _$ 400.00 _$ 600.00 4.4(a) [Nuisance - Accumulation of Refuse on Property ($100.00 _$ 300.00 _§ 500.00 eces or sewage odours or Nuisance Animals 4.A(f) egetation Equipment Repair 4.4(j) Nuisance -- Presence of accessible excavation, ditch, drainor $200.00 $400.00 ($600.00 eas cnartanrate me PS Fee public 4.5 Permitting/Allowing/Causing Refuse, Abandoned Equipment or $200.00 $400.00 ($600.00 + Severe ieee ee another 4.7 aste receptacles set out for collection before permitted time; $50.00 $100.00 ($ 150.00 7 Paani ime 4.8 5 Noise Noise during Quiet Hours 5.1(b) Operate or permit the operation of a Motor Vehicle or Off- $50.00 $100.00 {$150.00 | Hours | 5.1(c) Permit, suffer or allow Property (real or personal) to be used ina {$50.00 $100.00 $150.00 | manner that there emanates a Noise during Quiet Hours | 5.1(d) Operate or permit the operation of Construction Equipment, i$ 50.00 $100.00 $150.00 power tools, power lawn mower, or a power snow removal | evice during Quiet Hours. . 6.1(a) (Outdoor light that shines directly into the living or sleeping area ($ 50.00 Ss 100.00 i 150.00 lof an adjacent dwellin | 6.1(b) (Outdoor light that disturbs the peace of a Person or $50.00 $100.00 § 150.00 _____unreasonably affects the use and enjoyment of another Property| B.1(c) 7 Sidewalk and Boulevard Maintenance ' idewalk within 72 hours of deposit opening over, obstructing or encroaching upon Sidewalk ; encroach upon Sidewalk 7.4 5 8 Vehicles (Motor Vehicles and Recreational Vehicles) Bt Exceeding the permitted number of Recreational Vehicles tobe $50.00 $100.00 [$150.00 stored or parked upon Propert | B.2 Allowing a Recreational Vehicle to be parked on Property for $ 50.00 $100.00 {$150.00 | Shs and sleeping accommodation by a Bona Fide tourist | | beyond permitted period of time ront yard other than in a designated parking area Boulevard or Sidewalk