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COMMUNITY BYLAW 1299/18
UNOFFICIAL CONSOLIDATED BYLAW (INCORPORATING ADOPTED AMENDMENTS)
February 18th 2025
TOWN OF NANTON
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Bylaw #1299/18
Amendments Table
Bylaw Number/Year
Reason
Section(s)
1373/23
Excessive Protective
Elements regulation
introduced
Addition to Section 2
definitions
Insertion of Section 16
(prohibition, exemptions)
Schedule A amended to
insert offence and penalty.
1405/25
Camping, Soliciting and
Loitering
Addition to Section 2
definitions
Insertion of Section 4.3
(prohibition)
Schedule A amended to
insert offence and penalty.
Amended or new content is highlighted in yellow.
Other notes:
Further direction to staff: if is determined that the present bylaw (as amended) should be repealed
and/or replaced by Council, this consolidated bylaw is typically the starting point for drafting or re-
drafting.
The Chief Administrative Officer certifies that this is the correct unofficial consolidated bylaw on
the following date:
February 18th 2025
_________________________
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Bylaw #1299/18
BYLAW
Bylaw Number: 1299 / 18
A BYLAW OF THE MUNICIPALITY OF THE TOWN OF NANTON IN THE PROVINCE OF ALBERTA
TO MITIGATE NOISE, NUISANCES AND UNSIGHTLY PREMISES.
WHEREAS, Section 7(a) of the Municipal Government Act of the Province of Alberta provides that a
Council may pass bylaws for the safety, health and welfare of people and the protection of people and
property, and
WHEREAS, Section 7(b) of the Municipal Government Act of the Province of Alberta provides that a
Council may pass bylaws respecting people, activities and things in, on or near a public place or a place
open to the public, and
WHEREAS, Section 7(c) of the Municipal Government Act of the Province of Alberta provides that a
Council may pass bylaws respecting nuisances, including unsightly property, and
WHEREAS, Council deems it proper and expedient to enact a bylaw respecting the mitigation of noise,
nuisances and unsightly premises to encourage a sense of community respect and ensure quiet
enjoyment of property for the residents of Nanton;
NOW THEREFORE, the Council of the Municipality of the Town of Nanton in the Province of Alberta duly
assembled enacts the following Bylaw, to be cited as the "Community Bylaw":
1.
POWERS AND INTERPRETATION:
1.1
This Bylaw shall be administered and enforced by the Chief Administrative Officer, Bylaw
Enforcement Officer or any designated officer or employee of the Town of Nanton otherwise
delegated the authority of administration and enforcement of this Bylaw.
1.2
In this Bylaw, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as
amended from time to time, and referred to throughout this Bylaw as the Act, shall have precedence
of hierarchy in the matters of this Bylaw. For matters concerning the enforcement of this Bylaw,
the provisions of Division 4, Enforcement of Municipal Law of the Act shall be the primary authority.
2.
DEFINITIONS:
Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, and any
subsequent amendments to the Act.
Approved means acceptable to the Appeal Board or Chief Administrative Officer, or the CAO designate.
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Board means the Appeal Board as formed or approved by the Council of the Town of Nanton to review a
remedial order appeal, as per the terms of this bylaw, in accordance with Section 8 (d) of the Act.
Building has the meaning defined in the Act and includes anything constructed or placed on, in over or
under land, but does not include a highway or road or a bridge that forms part of a highway or road.
Camping means: to stay between the hours of 10:00 p.m. and 08:00 a.m. in a tent, vehicle or other form
of shelter, or under the open sky, whether or not on a temporary basis, on any town land unless prior
approval has been granted.
CAO is the Chief Administrative Officer which is the person appointed to this position by the Council of the
Town of Nanton or a person designated to act on the CAO's behalf.
Construction means the temporary process of demolishing or building any structure, or repairing or
improving a building or premises that already exists, including landscaping, home repair, property
improvement and any work in connection with that process.
Council means the Municipal Council of the Town of Nanton.
Dangerous Condition means the condition of any property, premises, structure or improvement or any
part thereof, which is likely or probably hazardous or dangerous to public health and safety and shall include
without limiting the generality of the foregoing:
-
A refrigerator, ice box or freezer, which is not being used for the storage of perishable goods and
is equipped or fitted with a door that cannot be opened from the inside;
-
An excavation or hole that is not safeguarded to prevent persons from falling into such excavation
or hole.
Development Permit means a document issued by the Town, authorizing a development pursuant to the
Town of Nanton Land Use Bylaw, and includes plans and conditions of approval.
Dwelling Unit means habitable space used or intended to be used by one or more persons which contains
cooking, eating, living, sleeping and sanitary facilities and is accessed by a separate locked entrance or
serviced by one or more separate utility connections or accounts, or both.
Excessive Protective Elements means protective elements that are excessive and includes but is not
limited to:
a)
Visual surveillance equipment, including video cameras, 'night vision' systems,
surveillance drone equipment or electronic listening devices, installed on Land or
Premises capable of permitting either stationary or scanned viewing or listening, by an
operator or viewer or listener of that equipment, beyond the perimeter of Land owned,
leased or occupied by the Owner or Occupant.
b)
Floodlighting and/or alarm equipment, including motion sensor-based technology,
installed on Land or Premises, which unreasonably generates light or sound beyond the
perimeter of Land owned, leased or occupied by the Owner or Occupant.
Fence means a vertical barrier which is used to prevent or restrict passage, to provide visual screening,
sound attenuation, protection from dust or other elements, or to mark a boundary.
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Good Repair means maintaining the condition of an object or Structure such that it does not become untidy,
unsightly or dangerous and such that the object or Structure can continue to be used in the means that it
was originally intended.
Graffiti means the illicit placement of one or more letters, symbols, figures, etchings, scratches, drawings,
inscriptions, stickers, stains, or other markings or things however affixed on the surface of any Premises,
Structure or other property.
Highway means any thoroughfare, street, via duct, lane, alley, square, bridge, causeway, trestleway 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:
-
Sidewalk (including a boulevard portion thereof);
-
where a ditch lies adjacent to and parallel with the roadway, the ditch; and
-
where a Highway right-of-way is contained between fences or between a fence and on 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 the Lieutenant Governor in Council not to be a Highway.
Inoperative Motor Vehicle means a vehicle, other than a vehicle that displays a vehicle permit number
plate with evidence of the current validation of the permit affixed to it, issued under the Highway Traffic
Act.
Land means the land around and appurtenant (secondary or attached) to the whole or any part of the
Premises and used or intended to be used, or capable of being used in connection with the Dwelling Unit
or Building and includes those portions of public lanes or streets normally maintained by Owners or
Occupants of the adjacent Premises.
Land Use Bylaw means the Land Use Bylaw of the Town of Nanton, as amended from time to time.
Loitering means: to linger, hang about, travel indolently, and includes to rest and to
stand, sit or recline without a purpose relating to the property, and shall include obstructing any person
while loitering.
Maintain means the work of keeping something in proper working order so that it performs its intended
function, or keeping something in good repair or reasonable condition.
Motorized Garden Tool means any tool used for horticulture or lawn maintenance that is powered by an
electric or internal combustion engine of any kind.
Municipal Tag means a form of notice alleging an offence issued pursuant to the authority of this Bylaw,
which may or may not state a fine, as per the provisions of this Bylaw.
Noise means any sound that is reasonably likely to disturb the peace of others.
Non-residential means the use or occupancy of a Building or Land or part thereof for any purpose other
than Residential.
Nuisance means any use of or activity upon any property which is offensive to any person, or has or may
have a detrimental effect or impact upon any person or other property in the neighborhood.
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Occupant means any Person who resides, leases or carries on any kind of business in a Residential or
Non-residential Premises with or without a License of Occupation granted by the owner of said Premises.
Owner means:
a) a person who is registered under the Land Titles Act as the owner of a parcel of land; or
b) a person who is recorded as the owner of a property on the tax assessment roll of the Town
of Nanton; or
c) a person who has purchased or otherwise acquired a parcel of land, whether that person has
purchased or otherwise acquired the land directly from the owner or from another purchaser,
and has not yet become the registered owner thereof; or
d) a person holding himself out as the person having the powers and authority of ownership of a
property or premises or who for the time being exercises the powers and authority of
ownership; or
e) a person in possession or control of a property or premises under construction; or
f)
a person who is the occupant of a property or premises pursuant to a written or verbal rental
or lease agreement, license or permit.
Panhandling means: to ask for a gratuitous donation of money, food, or goods of any kind, whether by
spoken or printed word, or bodily gesture, but does not include the solicitation of charitable donations
allowed or authorized pursuant to the Charitable Fundraising Act, or any other legislation permitting the
solicitation of charitable donations.
Pathway means any multiple-use path whether of asphalt, concrete, shale or gravel surface, which is not
a Highway.
Peace Officer means a member of the Royal Canadian Mounted Police, a Peace Officer, a Community
Peace Officer or a Bylaw Enforcement Officer for the Town.
Person means an individual or any business entity including a firm, partnership, association, corporation,
company or society.
Premises includes the external surface of all Buildings and the whole or part of any parcel of real
property, including the lands immediately adjacent to any Building or Buildings.
Property means the parcel of land and improvement, or a parcel of land and the improvements to it.
Property, in respect to this Bylaw, shall also include the adjacent boulevard, and the land directly
behind the rear of the property from property line to the mid-point of the laneway or one (1) meter beyond
rear property line if abutting a Municipal or Public Reserve area.
Provincial Offences Procedure Act means the Provincial Offences Procedure Act, RSA 2000, c.P-34,
and the regulations thereof, as amended or replaced from time to time.
Provincial Ticket or Violation Ticket has the same meaning as in the Provincial Offences Procedures
Act, R.S.A. 2000, as amended or replaced from time to time.
Public Place means any place, including privately owned or leased property, to which the public
reasonably has or is permitted to have access.
Reasonable means an objective standard determined under the circumstances of a situation or condition
(i.e. reasonable standard of a property means a property which is in a neat and tidy condition), in keeping
with the standard of maintenance common to the neighbourhood, whether or not the property is
maintained with the use of natural landscaping features.
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Recreational Vehicle means a vehicle or trailer that is designed, constructed and equipped, either
temporarily or permanently, as an accommodation for travel, vacation, or recreational use and includes a
travel trailer, motorized homes, slide-in campers, chassis-mounted campers, boats, all-terrain vehicles,
snowmobiles and tent trailers, whether licensed or unlicensed.
Refuse means any discarded or abandoned organic or inorganic material and without restricting the
generality of the foregoing, includes rubbish or garbage, ashes and all forms of grass, tree and hedge
cuttings and clippings, broken household dishes and utensils, empty or partly empty tins, boxes, cartons,
bottles and containers, discarded paper and fabric and other materials, all trees, shrubs, stumps, scrap
lumber, scrap metal, large boxes and crates, oil drums, and similar unwieldy materials, discarded
furniture and fixtures, including but not limited to tables, mattresses, water heating tanks, stoves,
furnaces, fences, gates and other discarded fixtures.
Residential or residence means a room or a suite of rooms which form a Dwelling unit that is exclusively
used for human habitation purposes and includes houses, duplexes, townhouses, condominiums, and
apartments, and means a vacant lot that is contained within a Residential Development.
Screening means a fence, wall, berm or hedge used to visually separate areas or functions that detract
from the street or neighbouring land uses.
Sidewalk means:
-
that part of a Highway especially adapted to the use of or ordinarily used by pedestrians, and
includes that part of a Highway between the curb line thereof (or the edge of the roadway where there is
no curb line) and the adjacent property line, whether or not paved or improved; and
-
a Pathway that is adjacent to a Highway that fronts and/or flanks a Premises.
Standards means the standards as set out in this Bylaw.
Structure means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground, which, among other things, includes buildings, walls,
fences, billboards and poster panels, (and includes any Building, utility box, retaining wall, scaffolding,
Receptacle, mobile home, shed or portable shack).
Town is the corporation of the municipality of the Town of Nanton.
Unsightly Condition means the condition of any property, premises, structure or improvement, or any
part thereof, which is detrimental to the surrounding area, due to its condition, as characterized by visual
evidence of a lack of general maintenance, repair and upkeep.
Untidy means items or accumulations (e.g. possessions, clutter, refuse) not arranged or stored neatly or
in order.
Vehicle means a device in, on or by which a person or thing may be transported or drawn on a highway
and includes a combination of vehicles but does not include a mobility aid (as defined by the Alberta
Traffic Safety Act).
Weeds are defined within the Alberta Weed Control Act and Regulation and includes those described as
prohibited noxious weeds and noxious weeds.
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3.
NOISE:
3.1
No person shall cause or permit any noise that annoys or disturbs the peace of any other person.
3.2
In determining what constitutes noise likely to annoy or disturb the peace of other persons,
consideration may be given, but is not limited to:
(a)
type, volume and duration of the sound;
(b)
time of day and day of the week;
(c)
nature and use of the surrounding area;
(d)
if the noise is excessive, unnecessary, or unusual;
(e)
any other relevant factor.
3.3
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 between the hours of 11:00 p.m. any
day of the week and 6:00 a.m. the next day, excepting Sundays, which shall be to 9:00 a.m.
without the direct written permission of the CAO.
3.4
No owner or manager or other person in charge of premises where liquor is served to the public
shall permit any noise to emanate from such premises such that it annoys or disturbs any person
outside the boundary of the premises. Section 3.2 of this Bylaw applies to this provision.
3.5
Nothing in this Bylaw shall prevent the continual operation or carrying on of an industrial activity
where the activity is one which:
(a)
is a permitted use; or
(b)
is an approved discretionary use.
3.6
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.
3.7
No person shall cause or permit any construction noise on property that they own or control so
that the noise from the property annoys or disturbs the peace of any other person between the
hours of 9:00 p.m. any day of the week and 7:00 a.m. the next day, excepting Sundays, which
shall be to 9:00 a.m.
3.8
Unless permission from the Town Development Authority or Chief Administrative Officer is first
obtained, no person shall use, operate or allow to be used or operated any machinery or
equipment so as to create a noise, or disturbance which may be heard in a residential building
between the hours of 9:00 p.m. and 7:00 a.m. the next day, except Sundays which shall be to
9:00 a.m.
3.9
The provisions in Section 3.7 and 3.8 do not apply to work carried out by the Town, or by a
contractor carrying out the instructions of the Town.
3.10
Nothing in this Section prohibits the use of motorized garden tools or grass cutting devices on a
golf course between the hours of 6:00 am to 9:00 am any day of the week.
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4.
UNSIGHTLY / UNTIDY PROPERTY AND NUISANCE:
4.1
No person being an owner, agent of the owner, lessee or occupier of any property within the
Town shall permit such property, or the activities upon such property to be or remain, unsightly,
untidy, a nuisance or a safety hazard, by doing, or neglecting to do, without limiting the generality
of the foregoing, the following:
-
allowing grass, weeds, shrubs, trees or other organic or natural landscaping features to grow and
propagate uncontrolled or excessively on the premises;
-
failure to cut, mow and maintain the grass on any boulevard, situated on Town owned land
adjoining, abutting or adjacent to the premises owned or occupied by the owner, to prevent such
grass from growing to such a height as to be unsightly, having regard to the height of the grass
on adjacent or surrounding premises;
-
failure to protect lands by suitable ground cover to prevent erosion of the soil;
-
as per the provisions of the Alberta Weed Control Act, failure to "control a noxious weed and
destroy a prohibited noxious weed", that is on land the person owns or occupies and on any
boulevard which abuts or adjoins the premises, including up to the center of lanes or alleys at the
rear or side of the premises;
-
failure to manage the growth of trees or shrubs or other vegetation upon such property or
premises to ensure that the growth does not cause any obstruction, interfere with or endanger
any visibility of streets or sidewalks, including signage for same, lines, poles conduits, pipes,
sewers or other works of the Town, or otherwise present a safety hazard for pedestrians or traffic;
-
allow any infectious blight or disease of trees or other vegetation located on the property to go
uncontrolled or unchecked, including insect pests;
-
preventing stagnant water from accumulating or remaining on the premises so as to avoid it
becoming a potential breeding place for mosquitoes or other pests;
-
engaging in any activity that is likely to allow excessive smoke, dust or other airborne matter, that
may disturb any other Person, to escape the Premises, without taking reasonable precaution to
ensure the smoke, dust or other airborne matter does not escape the Premises;
-
Use any chemical, compound, product or substance for any purpose whatsoever without regard
to the manufacturer's recommendations for use and safety precautions, or Provincial Regulations,
that results in adverse effects to the environment or another person;
-
excessive storage or accumulation or the failure to dispose of all forms of garbage, including but
not limited to animal material, building material, papers, packages, containers, bottles, cans,
sewage, yard material, dirt, soil, gravel, rocks, sod, petroleum products, hazardous recyclables,
substances and wastes as defined in the Environmental Protection and Enhancement Act
(Alberta), tires, boxes, scrap materials including metals and lumber, dilapidated furniture,
appliances, machinery, machinery parts, or other similar materials or items;
-
allow or permit significant deterioration of improvements or portions of improvements, or the
failure to maintain any structure in Good Repair, including accessory buildings, structures or
fences such that the structure deteriorates, becomes unsightly or becomes a health or safety
hazard;
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-
the failure to fence or secure an excavation, culvert, ditch or other depression so that it does not
become a danger to public safety;
-
the storage or accumulation of construction waste, other than waste placed in an appropriate
waste container and covered as to prevent the material from being blown off the property;
-
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 and
unsightly condition;
-
drawing, painting or writing of any signs or messages upon public or private property, except with
the prior permission of the owner of the property;
4.2
No person shall cause, permit or undertake any activity upon any Town property which is a
nuisance.
4.3
No person shall cause, permit or undertake any Loitering, Panhandling, or Camping upon any
Town property.
5.
MOTOR VEHICLE REPAIR
5.1
No person may conduct any repair work on motor vehicles, including mechanical repairs, auto
body work, frame repair, collision repair, auto painting or modifications to the body or rebuilding of
a motor vehicle, on any site in a residential district.
5.2
This provision shall not apply to routine maintenance work done on any vehicles owned, operated
and registered, in the name of the owner or occupant of premises, provided that:
-
The work is done in an area which is suitably screened to the satisfaction of the CAO;
-
The activity does not create a nuisance or noise complaints from the neighbourhood;
-
There is no escape of offensive, annoying or noxious odours, fumes or smoke from the site;
-
Vehicle fluids, oil, gasoline products or other hazardous materials are properly stored and
disposed of and not swept or washed into lanes, streets, or down storm sewers;
-
All discarded vehicle parts and materials are properly stored in a defined and enclosed area
which is visually screened and/or are disposed of from the site in a timely manner, to the
satisfaction of the CAO;
-
No power washing of motor or power train is performed on the site;
-
All building and fire code regulations are met.
5.3
No person may permit more than one Inoperative Motor Vehicle on a residential premises, unless
permission is granted, in writing, by the CAO. Such vehicle must be maintained, repaired or be
otherwise operational.
5.4
An Inoperative Motor Vehicle is permitted on non-residential premises, provided the Land Use
Bylaw permits such use on such premises, and the vehicle is located in a salvage yard and the
like where an un-plated vehicle is an integral component of a legally operating business.
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6.
CONSTRUCTION SITES:
6.1
An owner of a property or premises under construction shall ensure that building materials and
waste materials on the premises are removed or contained and secured in such a manner that
prevents such material from being blown off or scattered from the property.
6.2
An owner of a property or premises under construction shall ensure that waste building material
on the premises is removed within a reasonable time by means of appropriate containers.
6.3
Nothing in this section shall be deemed to prevent the lawful storage and keeping of material in or
on any non-residential property if a lawful use requiring that material is conducted on the property
and the materials are stored in a neat and orderly fashion.
7.
GRAFFITI:
7.1
Every property owner shall ensure that graffiti placed on their premises is removed, painted over,
or otherwise permanently blocked from public view, within 30 days of the placement of the graffiti.
7.2
In prosecuting an offence under 7.1, the consent of the property owner of any premises to place
graffiti thereon shall not be a defence under this Bylaw.
8.
ADDRESSING:
8.1
The owner or occupier of any Premises shall display the civic address number assigned to the
property, pursuant the current Town of Nanton Street Numbering bylaw, at a location plainly
visible from the street in front of the Premises to which the property is addressed.
8.2
The owner or occupier of a Premises that has access to a laneway, shall display the number
assigned to the property, pursuant the current Town of Nanton Street Numbering bylaw, at a
location plainly visible from the laneway.
9.
ENFORCEMENT:
9.1
A Peace Officer, may, for the purpose of ensuring that the provisions of this Bylaw are being
complied with, enter onto or upon any Property, in accordance with Section 542 of the Municipal
Government Act, to carry out an inspection, enforcement or other action required or authorized by
this Bylaw, the MGA, or other statute.
9.2
When exercising authority to enter onto Property for inspection or enforcement under Section 9.1,
a Peace Officer shall provide the Owner or Occupant of the Property with reasonable notice as
required by the MGA.
9.3
Any Owner or Occupant who contravenes this Bylaw may be issued a written Order by a Peace
Officer to remedy the contravention in any manner deemed necessary in the circumstance
pursuant to Section 545 of the MGA, in the case of a Nuisance, or Section 546 of the MGA, in the
case of a danger to public safety or Unsightly Premises.
9.4
An Order issued by the Peace Officer as per Section 9.3, for any Nuisance, danger or unsightly
premises, shall be in accordance with the provisions of Sections 545 and 546 of the MGA.
9.5
An Owner or Occupant or other person who receives a written Order under this
Section may request a review of the Order by written notice within fourteen (14) days of
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the day on which the Order is received. Upon reviewing the Order, the Appeal Committee may
confirm, vary, substitute or cancel the Order.
9.6
An Owner or Occupant or other person affected by the decision of Council under Section 9.5 of
this Bylaw may appeal to the Court of Queen's Bench, as per the provisions of the MGA, Sections
547 and 548.
9.7
The expenses and costs of any action or measures taken by the Town under this Bylaw are an
amount owing to the Town by the Owner, Occupant or any other Person in contravention of this
Bylaw, as per Section 568 of the MGA.
9.8
If the Town sells all or part of a building, structure or improvement that has been removed under
this Bylaw, the proceeds of the sale must be used to pay the expenses and costs of the removal
and any excess proceeds must be paid to the Owner or Occupant if entitled to them.
9.9
The expenses and cost incurred by the Town in the enforcement of this Bylaw may be collected
as a civil debt or added to the tax roll of the Property that is the subject of the enforcement
proceedings under the Bylaw, as per Sections 552 and 553 of the MGA.
9.10
The Town may register a caveat under the Land Titles Act in respect of an Order issued under
this Bylaw against the Certificate of Title for the Property that is the subject of the Order, in
accordance with Section 546 of the MGA.
9.11
An Order under this Bylaw may be served on an Owner or Occupant, and is deemed to have
been served on the Owner or Occupant, when the Order has been:
-
Personally delivered to the Owner or Occupant;
-
Left for the Owner or Occupant at his residence with a person on the premises who appears to be
at least eighteen (18) years of age;
-
Sent via registered mail addressed to the last known postal address of the Owner or Occupant;
or,
-
Posted in a conspicuous place on the Property referred to on the Order, when the CAO or Peace
Officer has reason to believe:
o
That the Owner or Occupant to whom the Order is addressed is evading service;
or
o
No other means of services available.
9.12
If an Order is sent via register mail as referred to in Section 9.11, then it is deemed to be received
by the Owner or Occupant five (5) days after the Order was mailed.
10.
PENALTIES:
10.1
Notwithstanding whether an Order has been issued as per this Bylaw, any person who
contravenes any provision of this Bylaw is guilty of an offence and is liable to penalty as set out in
Schedule "A", herein.
10.2
Under no circumstances shall any person contravening any provision of this Bylaw be subject to
the penalty of imprisonment.
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11.
VIOLATION TAGS:
11.1
A Peace Officer or CAO is hereby authorized and empowered to issue a Violation Tag to any
person who the Peace Officer has reasonable and probable grounds to believe has contravened
any provision of this Bylaw.
11.2
A Violation Tag shall be served upon such a person in the same manner as outlined in Section 9
of this Bylaw
11.3
The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:
-
the name of the Owner and/or Occupant of the Property;
-
a description of the Property
-
the offence;
-
the appropriate penalty for the offence as specified in Schedule "A " of this Bylaw;
-
that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag; and
-
any other information as may be required by the CAO.
11.4
Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be
issued by the Peace Officer, provided that no more than one Violation Tag shall be issued for
each day that the contravention continues.
11.5
Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is
issued may, in lieu of being prosecuted for the offence, pay to the Town of Nanton the penalty
specified on the Violation Tag.
11.6
Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket for
the mandatory Court appearance of any person who contravenes any provision of this Bylaw.
12.
VIOLATION TICKET:
12.1
If the penalty specified on a Violation Tag is not paid within the prescribed time period then a
Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II
of the Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended or repealed and
replaced from time to time.
12.2
Notwithstanding Section 11.1 of this Bylaw, a Peace Officer is hereby authorized and empowered
to immediately issue a Violation Ticket to any person whom the Peace Officer has reasonable
and probable grounds to believe has contravened any provision of this Bylaw.
12.3
Where there is a specified penalty listed for an offence in Schedule "A" of this Bylaw, the amount
is the specified penalty for the offence.
12.4
Notwithstanding the specified or minimum penalties set out in Schedule "A" of this Bylaw:
(a)
if a Person is convicted twice of the same provision of this Bylaw within a twenty-four-
month period, the minimum penalty for the second conviction shall be the amount of the
specified penalty for a first offence; and
(b)
if a Person is convicted three or more times of the same provision of this Bylaw within a
twenty-four-month period, the minimum penalty for the third and subsequent convictions
shall be double the amount of the specified penalty for such first offence.
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13.
EXEMPTIONS & EXCEPTIONS:
13.1
The provisions of this Bylaw shall not be interpreted to prevent bona fide and permitted
commercial, industrial, agricultural, construction, demolition, renovation, landscaping, clean-up,
storage or other related activities from being carried out on, or in relation to, a premises, provided
that all reasonable steps are taken to minimize the duration of any noise which may annoy or
disturb persons that may be affected by such noise.
13.2
The owner of a premises that carries on or permits the carrying on of any activities referred to in
Section 4.1 of this Bylaw shall ensure that all reasonable steps are taken to minimize the duration
and visual impact of any resulting untidiness or unsightliness of the premises.
14.
MISCELLANEOUS:
14.1
Nothing in this Bylaw relieves a Person from complying with any Federal or Provincial law or
regulation, or other Bylaw, or any requirements of any lawful permit, order or license.
14.2
The levying and payment of any penalty or 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 that Person is liable under the provisions of this Bylaw.
14.3
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.
14.4
The Town is not required to enforce every breach or contravention of this Bylaw. In deciding
whether or not to enforce the Bylaw, the Town may take into account any practical concerns or
considerations, including but not limited to the nature and extent of the breach or contravention,
any financial or budgetary considerations and the availability of personnel or human resources.
14.5
All Schedules attached to this Bylaw shall form part of this Bylaw.
14.6
The use of nouns and pronouns within this Bylaw are gender neutral and, accordingly, any
reference to one gender includes the other. Also, words in the singular include the plural and
conversely, words in the plural include the singular.
14.7
Upon coming into force of this Bylaw, the following Bylaws shall be repealed:
o
Nuisance and Unsightly Premises Bylaw #1197/08,
o
Noise Control Bylaw #1126/03.
15.
EFFECTIVE DATE AND READINGS (2018)
16.
EXCESSIVE PROTECTIVE ELEMENTS:
16.1
General Prohibition:
No person shall construct, affix or place or permit the construction, affixing or placement of
Excessive Protective Elements on Land or Premises.
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16.2
Exemptions:
16.2.1 The following are exempt from Section 16.1:
a)
Financial institutions in Commercially districted areas;
b)
Lands owned or occupied by the Federal or Provincial Government;
c)
Lands owned or occupied by the Town of Nanton or other municipal entities; and
d)
Land specifically exempted from this Section 16.1 of this Bylaw.
16.2.2 A person requesting an exemption from Section 16.1 of this Bylaw shall provide to the
Chief Administrative Officer the following:
a)
Proof of ownership of the Land and where the person requesting the exemption is not the
owner, authorization from the owner to request the exemption;
b)
Complete details of the location of the Land, including municipal address, legal
description, the existing use and nature of the use (residential, commercial, industrial or
farm), and a scaled drawing showing the Land and all structures on the Property;
c)
A detailed explanation shall be included of the exemption(s) requested and the rationale
for requesting such an exemption(s). This should include details of the proposed
application of Excessive Protective Elements along with an explanation of how that
application of the Excessive Protective Elements is rationally connected to the purpose
for which the exemption is being sought and the impact on the use and enjoyment of
neighbouring Property; and
d)
Any other information or documents as may be required by the Chief Administrative
Officer.
16.2.3 In determining whether to exempt any Land from Section 16.1 of this Bylaw, the Chief
Administrative Officer may consider:
a)
the reason, necessity and rationale for the exemption(s) requested;
b)
the nature and extent of the specific exemption(s) requested;
c)
whether adjacent Land owners or Occupants have consented to the exemption or any
conditions that may be attached; and
d)
the views of local law enforcement.
16.2.4 The Chief Administrative Officer may revoke an exemption under this section at any time,
for any reason.
16.2.5 An exemption granted under this Bylaw is personal, not assignable, does not run with the
Land, and immediately expires upon the sale of the Land or any change in occupancy or
corporate control of the tenancy or ownership of the Land.
16.2.6 The Chief Administrative Officer's decision pursuant to Section 16 of this Bylaw
shall be considered final.
SCHEDULE A
Community Bylaw # 1299 / 18 Specified Penalties
Offence
Section
Penalty
Cause or Permit noise
3.1 & 3.3
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences within 1 year
$1,000.00
Noise from premises where liquor is served
3.4
$1,000.00
a) second offence within 1 year
$2,500.00
b) third and subsequent offences within 1 year
$5,000.00
Industrial or construction noise
3.6 & 3.7
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences within 1 year
$1,000.00
Operate or allow noise from Machinery
3.8
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences within 1 year
$1,000.00
Permit a nuisance on private property or permit unsightly property
4.1
$500.00
a) second offence within 1 year
$1,500.00
b) third and subsequent offences within 1 year
$5,000.00
Nuisance on Town property
4.2
$500.00
a) second offence within 1 year
$1,500.00
b) third and subsequent offences within 1 year
$5,000.00
Motor Vehicle repair in contravention of bylaw
5.1 & 5.2
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences within 1 year
$1,000.00
Failure to contain, secure or remove construction materials
6.1 & 6.2
$250.00
c) Second offence within 1 year
$500.00
d) Third and subsequent offences within 1 year
$1,000.00
Failure to remove graffiti on property
7.1
$250.00
Failure to display civic address number
8.1 & 8.2
$250.00
Excessive Protective Elements
16.1
$250.00
a) Second offence within 1 year
$500.00
b) Third and subsequent offences within 1 year
$1,000.00
Panhandling, Loitering or Camping
4.3
$250.00
a) second offense within 1 year
$500.00
b) third and subsequent offenses within 1 year
$1,000.00
NOTE: No penalty or other fine for nuisance or unsightly property shall
limit the Town from seeking compensation for costs incurred as per
Section 9.7 of this Bylaw.
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