Municipal District of Pincher Creek No. 9, Alberta
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MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9
BYLAW NO. 1355-25
BEING A BYLAW OF THE MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9, IN THE
PROVINCE OF ALBERTA, TO PROVIDE FOR THE REGULATION AND CONTROL OF
ESCAPED IRRIGATION IN THE MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9.
WHEREAS pursuant to Section 7 of the Municipal Government Act, R.S.A. 2000, Chapter M-
26 and amendments thereto, the council of the Municipal District ofPincher Creek No. 9 may
pass bylaws for municipal purposes respecting:
a) the safety, health and welfare of people and the protection of people and property;
b) people, activities and things in, on or near a public place or place that is open to the
public;
c) transport and transportation systems, and
d) the enforcement of by laws;
WHEREAS the Municipality deems it necessary to provide for the regulation and control of
water being sprinkled or watered on highways, roads, lanes or open road allowances by irrigation
systems;
NOW THEREFORE, be it resolved that the Council of the Municipal District ofPincher Creek
No. 9, duly assembled, enacts as follows:
Part 1 - Title, Definitions and Interpretation
Title:
1. This Bylaw may be cited as the Escaped Irrigation Bylaw.
Definitions
2. In this Bylaw, the following words shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include the past and
future; words in the plural include the singular; words in the singular include the plural;
words in the masculine gender include feminine and neuter genders; words in the
feminine and neuter genders include the masculine gender. The word "shall" is always
mandatory and not merely directory.
(a) "Council" means the Council of the Municipal District ofPincher Creek No. 9;
(b) "Municipal Government Act" means the Municipal Government Act, R.S.A.
2000, c. M-26, as amended or replaced from time to time;
(c) "Municipality" means the municipal corporation of the Municipal District of
Pincher Creek No. 9 within the boundary thereof as the context requires;
(d) "Owner" means the person(s) or corporation shown on the Certificate of Title;
(e) "Peace Officer" means a person engaged by the Municipality as a Community
Peace Officer, a Bylaw Enforcement Officer, a Designated Officer or a member
of the Royal Canadian Mounted Police to carry out the provisions of this Bylaw;
(f) "Road" means a highway, road, lane and open road allowance under the
jurisdiction of the Municipality;
Bylaw No. 1355-25 1| Page
(g) "Provincial Offences Procedures Act" means the Provincial Offences
Procedures Act, R.S.A. 2000, Chapter P-25 and the regulations thereunder, as
amended or replaced from time to time;
(h) "Violation Ticket" means a violation ticket issued pursuant to the Provincial
Offences Procedures Act
Interpretation
3. Nothing in this Bylaw relieves a person from complying with any requirement of any
lawful pemiit, order, or licence.
4. Any heading or sub-headings in this Bylaw are included for guidance purposes and
convenience only and shall not form part of this Bylaw.
5. Where this Bylaw refers to another Act, Bylaw, Regulation or Agency, it includes
reference to any Act, Bylaw, Regulation or Agency that may amend or be substituted,
therefore.
6. All Schedules attached to this Bylaw shall form a part of this Bylaw.
Part 2 - Responsibilities of Landowners
7. No Owner shall operate or allow to be operated an irrigation installation or equipment
in a manner which allows water to enter into or onto any municipally controlled
highway, road, lane or open road allowance within the boundaries of the Municipality.
8. Where water enters onto and causes damage to any municipally controlled highway,
road, lane or open road allowance, the owner of the property where the irrigation
installation or equipment responsible for the release of water is located, shall be
responsible for any costs associated with repairing the municipally controlled highway,
road, lane or open road allowance.
Part 3 - Enforcement - Offences - Violation Tickets - Penalties
Inspections
9. Subject to the entry notice provisions of the Municipal Government Act, a Peace
Officer of the Municipality, who has been appointed as a Designated Officer, bearing
proper identification, may enter a premises to conduct an inspection in order to
determine whether or not this Bylaw or an Ofer issued pursuant to this Bylaw is being
complied with.
Obstruction
10. No person shall interfere with or obstruct a Peace Officer conducting an investigation
or taking any action under the authority of this Bylaw or the Municipal Government
Act.
Remedial Orders
11. Where a Peace Officer believes, that a person has contravened any provision of this
bylaw, the Peace Officer may issue a Remedial Order, pursuant to the provisions set out
in Section 545 of the Municipal Government Act.
12. The owner or occupant of a premises, who is served with a Remedial Order, shall
comply with the provisions and conditions set out in the Order.
13. Remedial Orders may be served:
(a) personally to the owner of the premises;
Bylaw No. 1355-25 2 | P age
(b) personally to an occupant, who appears to be 18 years of age or older, of the
premises; or
(c) when personal service of the Order cannot reasonably be effected or where a
Peace Officer believes the owner or occupant of the premises is evading service,
the Order may be served by posting it in a conspicuous location on the premises
and then sending a copy of the Order to the owner of the premises via single
registered mail.
14. A Remedial Order is deemed to have been served:
(a) Immediately, when served personally to an owner or occupant; or
(b) Three (3) days from the date the Remedial Order is posted on the premises and
a copy is sent via single registered mail.
Remedial Orders -JReview by Council
15. A person, who is served with a Remedial Order, may seek a review of the Remedial
Order by submitting a request in writing to the Enforcement Services Appeal Board,
within fourteen (14) days from the date the Remedial Order is served.
16. The written letter request for review pursuant to subsection 14 must contain:
(a) the name of the person to whom the Remedial Order is directed;
(b) the municipal address of the premises to which the Remedial Order has been
issued against;
(c) a day-time phone number at which the appellant may be reached; and
(d) a mailing or email address to which documents in relation to the appeal may be
delivered.
Remedial Orders - Appeal to Court of King's Bench
17. A person affected by the decision of the Enforcement Services Appeal Board may
appeal to the Court of King's Bench, pursuant to the provisions of Section 548 of the
Municipal Government Act.
Remedial Orders - Enforcement
18. Pursuant to S. 549 of the Municipal Government Act, if a person fails or refuses to
comply with a Remedial Order, the Municipality may take whatever action or measures
necessary to remedy a contravention of the Municipal Government Act, this Bylaw or
any other enactment the County is authorized to enforce or to prevent a re-occurrence
of the contravention.
19. Pursuant to S. 546.1 of the Municipal Government Act, the Municipality may register a
caveat under the Land Titles Act against the certificate of title for the land, in relation to
a Remedial Order issued pursuant to S. 545 of the Municipal Government Act. Any
such caveat must be discharged when the Order has been complied with or when the
County has performed the action or measures referred to in the Order.
20. Council may add any unpaid expenses and costs associated to an action or measure
taken by the Municipality to remedy a contravention, where the parcel's owner
contravened the enactment or bylaw and the contravention occurred on all or part of the
parcel, pursuant to S. 553(l)(c) of the Municipal Government Act.
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21. Council may add any unpaid expenses and costs associated to an action or measure
taken by the County to remedy a contravention to the tax roll of any property for which
the person is the assessed person, where that person owes money to the Municipality
under S. 549(5) of the Municipal Government Act.
Offences and General Penalty Provisions
22. Every person who contravenes any of the provisions of this Bylaw by:
(a) doing any act or thing which the person is prohibited from doing; or
(b) failing to do any act or thing the person is required to do,
is guilty of an offence.
23. Any person who is convicted on an offence pursuant to this Bylaw is liable on
summary conviction to a fine not exceeding ten thousand dollars ($10,000.00) and in
default of payment of any fine imposed, to imprisonment for not more than one (1)
year.
Violation Tickets and Penalties
24. Where a Peace Officer believes that a person has contravened any provision of this
Bylaw, he may commence proceedings by issuing a violation ticket in accordance with
the Provincial Offences Procedures Act.
25. The specified penalty payable in respect of a contravention of any provision of this
Bylaw is the amount shown in Schedule 'A' of this Bylaw in respect of that provision.
26. The minimum penalty payable in respect of a contravention of any provision of this
Bylaw is the amount shown in Schedule 'A' of this Bylaw in respect of that provision.
27. Notwithstanding subsection 25:
(a) Wliere any person has been in contravention of the same provision of this
Bylaw twice within one (1) twelve (12) month period, the specified penalty
payable in respect of the second offence is double the amount shown in
Schedule 'A' of this Bylaw in respect of that provision; and
(b) Where any person has been in contravention of the same provision of this
Bylaw three (3) or more times within one (1) twelve (12) month period, the
specified penalty payable in respect of the third or subsequent offence is triple
the amount shown in Schedule 'A' of this bylaw in respect of that provision.
28. Notwithstanding subsection 26:
(a) Where any person has been in contravention of the same provision of this
Bylaw twice within one (1) twelve(12) month period, the minimum penalty
payable in respect of the second offence is double the amount shown in
Schedule 'A' of this Bylaw in respect of that provision; and
(b) Where any person has been in contravention of the same provision of this
Bylaw three (3) or more times within one (1) twelve (12) month period, the
minimum penalty payable in respect of the third or subsequent offence is triple
the amount shown in Schedule 'A' of this Bylaw in respect of that provision.
Continuins Offences
29. In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which the offence continues.
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Mandatory Court or Information
30. No provision of this Bylaw shall prevent any Peace Officer from issuing a violation
ticket requiring the court appearance of the defendant, pursuant to the provisions of the
Provincial Offences Procedures Act, or from laying an information instead of issuing a
violation ticket.
Liability for Costs
31. The levying and payment of any fine or the imprisonment for any period provided in
this Bylaw shall not relieve a person from the necessity of paying any fees, charges, or
costs from which he is liable under the provisions of this Bylaw or the Municipal
Government Act.
Part 4 - General
32. A copy of a record of the municipality, certified by the person duly appointed as the
Designated Officer for the same as a tme copy of the original, shall be admissible
evidence as prima facie proof of the facts stated in the record without proof of the
appointment or signature of the person signing it.
33. Schedule 'A' as attached, forms a part of this Bylaw.
34. It is the intention of the Council of the Municipality that each section of this Bylaw
should be considered as being separate and severable from all other sections. Should
any section or part be found invalid by a court of competent jurisdiction, it is intended
that the invalid section or part shall be severable, and the remainder of the Bylaw will
remain in effect.
35. It is the intention of the Council of the municipality that all offences created pursuant to
this Bylaw be construed and considered as being Strict Liability Offences.
Effective Date
36. This Bylaw shall come into full force and effect upon the date of the third and final
reading.
READ a first time on this this 24 day of June, 2025.
READ a second time on this this 24 day of June, 2025.
Presented for third and final reading this 24 day of June, 2025.
READ a third time on this this 24 day of June, 2025.
Reeve
/ /.-
/ ' ;
Chief Administrative Officer
Bylaw No. 1355-25 5 | Page
Schedule 'A'
Section
Number
7
10
12
Description
Operate / Allow to be Operate
Irrigation Installation / Equipment
that allows water to enter onto
highway / road / lane / open road
allowance
Obstmct Peace Officer
Fail to comply with Remedial
Order
Minimum
Penalty
200.00
1000.00
1000.00
Specified
Penalty
250.00
1200.00
1200.00
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