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SUMMER VILLAGE OF NORGLENWOLD
COMMUNITY STANDARDS BYLAW
BY- LAW #277-23
BEING A BYLAW OF THE SUMMER VILLAGE OF NORGLENWOLD IN
THE PROVINCE OF ALBERTA TO PROHIBIT CERTAIN ATIVITIES IN
ORDER TO PREVENT AND COMPEL THE ABATEMENT OF NOISE,
NUISANCE, UNSIGHTLY PREMISES AND PUBLIC DISTURBANCES.
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26 as
amended of the Province of Alberta provides that a Municipal Council may
by bylaw provide for a system of licensing, permits and approvals and
regulating business within the Municipality;
WHEREAS the Council of the Summer Village of Norglenwold deems it
expedient and in the public's interest to pass a bylaw to regulate and
control noise, nuisance, unsightly premises, and public disturbances;
NOW THEREFORE the Municipal Council of the Summer Village of
Norglenwold, in the Province of Alberta, duly assembled enacts as follows:
1.
TITLE
1.1
This bylaw may be cited as the "Community Standards Bylaw."
2.
DEFINITIONS
2.1
In this Bylaw, including this section, unless the context otherwise
requires:
a) "Act" means the Municipal Government Act, R.S.A. 2000, c.
M-26 as amended, and any amendment or substitutions
there of.
b) "Bullying" means verbal or physical abuse, threats, taunts,
teasing,
name
calling
and
put
downs,
written,
or
electronically
transmitted,
or
repeated
abusive
communication, direct or through any medium whatsoever.
c) "Chief
Administrative
Officer"
means
the
Chief
Administrative Officer of the Summer Village of Norglenwold
appointed by Council.
d) "Council" means the Municipal Council of the Summer
Village of Norglenwold.
e) "Graffiti" means the defacement or disfigurement of any
property or object, through the performance of any of the
following acts:
(i)
the application of any substance, including paint, ink,
stain, or whitewash to any surface; or
(ii)
the affixing of any substance, including paper, fabric,
or plastic, by any form of adhesion that does not
remove cleanly when pulled away from the applied
surface; or
(iii)
the marking, scratching, etching or other alteration or
disfigurement of any surface.
f) "Minor" means an individual under 18 years of age.
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g) "Municipal Ticket" means a ticket in a form as approved by
the Chief Administrative Officer, issued by the Summer
Village allowing for the voluntary payment of a fine
established under this Bylaw.
h) "Nuisance" for the purpose of this bylaw, includes any use
of or activity upon any property which is offensive to any
person or has or may have a detrimental impact upon any
person to other property in the neighbourhood.
i) "Peace Officer" means:
(i)
a member of the Royal Canadian Mounted Police;
(ii)
a Bylaw Officer as appointed by the Summer Village
to enforce bylaws of the Summer Village; or
(iii)
a Community Peace Officer as appointed by the
Solicitor General of Alberta.
j) "Premises" means the external surfaces of all buildings and
the whole or part of any parcel of real property, including the
land immediately adjacent to any building or buildings.
k) "Provincial Ticket" means a ticket as defined in the
Provincial Offences Procedure Act, R.S.A. 2000, c. P-34.
l) "Public Place" means any place, including privately owned
or leased property, to which the public reasonably has or is
permitted to have access.
m) "Sign" means any word, letter, model, placard, board,
notice device, or representation, whether illuminated or not,
in the nature of and employed wholly or in part for the
purposes of advertisement, announcement or direction, and
its supporting structure.
n) "Summer
Village"
means
the
Summer
Village
of
Norglenwold.
o) "Youth" means an individual 12 to 17 years of age;
3.
NOISE
3.1
No person shall cause or permit any noise that annoys or
disturbs the peace of any other person.
3.2
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.
3.3
In determining what constitutes noise likely to annoy or disturb the
peace of other persons, consideration may be given, but is not
limited to:
3.3.1 type, volume, and duration of the sound;
3.3.2 time of day and day of the week;
3.3.3 nature and use of the surrounding area.
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3.4
Permissible Hours. Noise or disturbance that annoys or disturbs
the peace of any other person is not allowed between 11:00 p.m.
and 8:00 a.m. any day.
4.
INDUSTRIAL/CONSTRUCTION NOISE
4.1
Nothing in this bylaw shall prevent the continual operation or
carrying on of an industrial activity where the activity is one which:
4.1.1 is a permitted use; or
4.1.2 is an approved discretionary use; or
4.1.3 is a non-conforming, but not illegal, use as defined in the
Municipal Government Act.
4.2
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.
4.3
With the exception of the activities referred to in section 4.1 herein,
no person shall use, operate, or allow to be used or operated any
tools, machinery or equipment so as to create a noise, or
disturbance which may be heard in a residential building between
the hours of 8:00 p.m. and 8:00 a.m. any day.
4.4
These provisions do not apply to work carried on by the Summer
Village, or by a contractor carrying out the instructions of the
Summer Village, providing it is work of an emergent nature of
circumstance.
5.
CONSTRUCTION WASTE
5.1 Each construction site shall have a waste container to ensure that
waste construction materials are placed in the container to prevent
the material from being blown away from the construction site.
5.2
No loose construction material is to be stored or accumulated on a
construction site unless it is not capable of being blown around the
construction area.
6.
NUISANCE AND UNSIGHTLY PREMISES
6.1
No person shall permit any use or activity upon their property which
is offensive to any person and may have a detrimental impact on
any persons or property including but not limited to:
6.1.1 the failure to cut grass, weeds, shrubs, trees, or other
landscaping features incidental to a landscaped area;
6.1.2 the failure to destroy restricted weeds, control noxious
weeds, or prevent the spread or scattering of nuisance
weeds;
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6.1.3 the growth of trees or shrubs in such a manner that they
interfere with utilities or endanger visibility to street signage,
or roadway clearance;
6.1.4 the accumulation of any material that creates unpleasant
odors, any material that attracts pests or any animal
remains, parts of animal remains or animal feces;
6.1.5 the storage or accumulation of or failure to dispose of
discarded dilapidated furniture or household appliances,
loose garbage, rubbish, packaging material, scrap metals,
scrap lumber, tires, parts of disassembled machinery,
equipment or appliances and motor vehicle parts;
6.1.6 the causing of opaque or dense smoke and permitting such
smoke to be emitted into the atmosphere for a period in
excess of six (6) minutes in any one hour, or at a point other
than the opening to the atmosphere of the flue, stack or
chimney, unless specifically authorized by Council;
6.1.7 the generation of excessive dust and permitting such dust to
escape from the property;
6.1.8 the failure to maintain an accessory building, structure or
fence such that it deteriorates, becomes unsightly or
becomes a safety hazard;
6.1.9 the failure to fence or secure an excavation, drain, ditch or
other depression so that it does not become a danger to
public safety;
6.1.10 the posting or exhibiting of posters, signs, billboards,
placards, writings or pictures upon any light standard, bench,
garbage receptacle, fence or wall on any property, where
the same are accumulated and become in a dilapidated and
unsightly condition;
6.1.11 the burning of anything other than dry untreated clean wood
in a residential wood fireplace.
6.2
No person being the owner, agent of the owner, lessee, or occupier
of any property within the Summer Village shall permit such
property, or the activities upon such property to be or remain a
nuisance or safety hazard.
7. GRAFFITI
7.1
No person shall place graffiti or cause it to be placed on any
property.
7.2
Every property owner shall ensure that graffiti placed on their
premises is removed, painted over, or otherwise permanently
blocked from public view.
7.3
A property owner who breaches the provisions of Section 7.2
where, following the issuance of and failure to comply with an Order
under section 545 of the Municipal Government Act, shall be liable
to payment of a penalty as prescribed in Schedule A.
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7.4
In prosecuting for an offence under this Section, the consent of the
property owner of any premises to place graffiti shall not be a
defense under this bylaw.
8
LITTERING
8.1
No person shall place, deposit, or throw or cause to be placed,
deposited or thrown upon any Summer Village property, including
any street, lane, ditches, park, other public place or water course:
8.1.1 a cardboard or wooden box, carton, container, or receptacle
of any kind;
8.1.2 a paper, wrapper, envelope, or covering of any kind, whether
paper or not, from food or confectionery;
8.1.3 paper of any kind, whether or not containing written or
printed matter thereon;
8.1.4 any human, animal or vegetable matter or waste;
8.1.5 any glass, crockery, nails, tacks, barbed wire or other
breakable or sharp objects;
8.1.6 scrap metal, scrap lumber, tires, dismantled wrecked or
dilapidated motor vehicles or parts there from;
8.1.7 any motor vehicle or any part of any motor vehicle which
may, in whole or in part, obstruct any highway, street, lane,
alley, bi-way or other public place;
8.1.8 dirt, filth, yard refuse or rubbish of any kind whether similar
or dissimilar to the foregoing including but not limited to
grass clippings, weeds, materials from pruning such as
branches, limbs, twigs, leaves, or any other pruning debris.
8.2
A person who has placed, deposited, or thrown or caused to be
placed or thrown anything or any matter mentioned in subsection
8.1 upon any road, ditch, municipal reserve or other public place or
water course shall forthwith remove it.
9.
CAUSE A DISTRURBANCE
9.1
No person located in a public place shall disturb the peace and
enjoyment of other members of the public by:
9.1.1 screaming, shouting, or using loud, abusive, or grossly
insulting language;
9.1.2 being intoxicated by alcohol or other substances; or
9.1.3 openly exposing or exhibiting an indecent act.
10.
NUISANCE ENFORCEMENT
10.1 A Peace Officer may, after giving reasonable notice to the owner or
occupier of the premises, enter upon the said premises and carry
out an inspection.
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10.2 Upon completion of the inspection, the Peace Officer may direct the
owner or occupant of the property to:
10.2.1 cease the activity which causes the nuisance;
10.2.2 change the way in which such person is carrying out any
activity;
10.2.3 direct any person to take any action or measure necessary
to compel the elimination or abatement of the nuisance,
including:
(a) the removal of any thing or matter from the property,
which constitutes the nuisance;
(b) the construction or installation of a garbage bin or
enclosure or the repair of an existing garbage enclosure;
(c) enter into a cleanliness agreement in a form to the
satisfaction of the Peace Officer.
(d) specify the time within which such person must comply
with the directions contained in the notice;
(e) notify the owner or occupant that, if compliance with the
notice is not affected within a specified time, the
municipality will take the actions or measures specified
in the notice to abate the nuisance, at the expense of
the owner or occupier;
(f) offer the owner or occupant of the property an
opportunity to enter into any other voluntary agreement
with the Summer Village to keep the premises clean, tidy,
and free of nuisances.
10.3 Any person who refuses to allow an inspection of the premises
under Section 10.1 is guilty of an offence.
10.4 Any person who fails to comply with a direction made under this
Section is guilty of an offence.
10.5 No person shall cause or permit or undertake any activity upon any
Summer Village property which is a nuisance.
11.
AUTHORITY TO REMOVE
11.1 The Chief Administrative Officer may authorize the removal and put
in storage or destroy anything placed upon Summer Village
property in contravention of this bylaw.
12.
ORDER
12.1 A designated officer may, by written order, require a person
responsible for the contravention to remedy the contravention.
12.2 The Order shall:
12.2.1 state a time within the owner must comply with the order;
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12.2.2 state that if the owner does not comply with the order within
a specified time, the Summer Village will take the action or
measure at the expense of the owner.
12.3 The Summer Village may, in respect of an order, register a caveat
under the Land Titles Act against the certificate of title for the land
that is the subject of the order.
13.
RIGHT TO REMEDY
13.1 The Summer Village may take whatever actions or measures are
necessary to deal with the unsightly property if:
13.1.1 the Summer Village has issued a written Order under
Section 12 of this bylaw;
13.1.2 the Order contains a statement referred to in Section 12.2 of
this bylaw;
13.1.3 the person to whom the Order is directed has not complied
with the Order within the time specified in the Order; and
13.1.4 the appeal periods respecting the Order have passed or, if
an appeal has been made, the appeal has been decided
and it allows the Summer Village to take the action or
measures.
14.
PENALTIES
14.1 Any person who breaches any section of this Bylaw is guilty of an
offence and liable to:
14.1.1 payment of the penalty specified in Schedule "A" hereto; or
14.2.2 for any offence for which there is no penalty specified, to a
penalty of not less than $200.00 and not more that
$10,000.00;
14.2.3 and in default of payment of any penalty, to imprisonment for
up to six (6) months.
15.
MUNICIPAL AND PROVINCIAL TICKETS
15.1 Any Peace Officer who has reasonable and probable grounds to
believe that any person has contravened any provision of this
Bylaw, may issue, and serve:
15.1.1 A Municipal Ticket allowing payment of the specified
penalty to the Summer Village; or
15.1.2 A Provincial Ticket according to the provisions of the
Provincial Offences Procedure Act, as amended.
15.2 Service of a Municipal Ticket will be sufficient if it is:
15.2.1 personally served; or
15.2.2 served by regular mail to the person's last known mailing
address.
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15.3 If a violation ticket is issued in respect of an offence, the violation
ticket may:
15.3.1 specify the fine amount established by this Bylaw for the
offence; or
15.3.2 require a person to appear in Court without the alternative of
making a voluntary payment.
15.4 A person who commits an offence may:
15.4.1 If a violation ticket is issued in respect of the offence; and
15.4.2 If the violation ticket specifies the fine amount established by
this Bylaw for the offence,
make a voluntary payment equal to the specified fine by delivering
the violation ticket and the specified fine to the Provincial Court
Office specified on the violation ticket.
16.
SEVERABILITY
16.1 If any part of this Bylaw is found to be invalid, then that part shall be
severed, and the remaining Bylaw will continue to be in force.
This Bylaw shall take effect on the date of the third and final reading and
upon signing by the Mayor and Chief Administrative Officer. Upon signing
of Bylaw #222-15 all previous bylaws and amendments thereto are hereby
rescinded.
READ a first time in Council assembled this 24th day of March 2023.
___________________________________
Cyril Gurevitch, K.C., Mayor
___________________________________
Tanner Evans, C.A.O.
READ a second time in Council assembled this 21st day of April 2023.
READ a third time in Council assembled and passed this 21st day of April
2023.
___________________________________
Cyril Gurevitch, K.C., Mayor
___________________________________
Tanner Evans, C.A.O.
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SCHEDULE "A"
Offence Schedule of Fines
Make noise
Section
3.1
Fine
a) first offence
$250.00
b) second offence within 1 year
$500.00
c)third and subsequent offences
within 1 year
$750.00
Permit Noise
3.2
a) first offence
$250.00
a) second offence within 1 year
$500.00
b) third and subsequent offences
within 1 year
$750.00
Industrial or construction noises
4.1 or
4.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$750.00
Failing to contain construction waste 5.1 or
5.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
$1000.00
Permitting a nuisance on Private Property
6.1
a) first offence
$200.00
b) second offence within 1 year
$400.00
c) third and subsequent offences
within 1 year
$600.00
Placing Graffiti on property
7.1
a) first offence
$2,500.00
b) a second offence within 1 year
$5,000.00
c) third and subsequent offences
within 1 year
$7,500.00
Failure to remove Graffiti
7.2
a) first offence
$250.00
b) second offence within 1 year
$500.00
c) third and subsequent offences
within 1 year
$1,000.00
Failure to comply with Graffiti order
7.3
$250.00
for each
day that
the breach
continues
Depositing litter on Summer Village property
8.1
a) first offence
$500.00
b) second offence within 1 year
c) third and subsequent offences
within 1 year
$750.00
$1,000.00
Failing to remove litter
8.2
a) first offence
$500.00
b) second offence within 1 year
$750.00
c) third and subsequent offences
within 1 year
$1,000.00
Cause a disturbance 9.1
a) first offence $250.00
b) second offence within 1 year $500.00
c) third and subsequent offences $1,000.00
within 1 year