This is the exact embedded text of the captured official document.
Snapshot f20f1c60c1cf · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
ADMINISTRATIVE CONSOLIDATION OF BYLAW 17-07
AS OF JUNE 11, 2012
TOWN OF OKOTOKS
Bylaw No. 17-07
NUISANCE AND UNSIGHTLY PREMISES BYLAW
(As amended by Bylaw 19-12)
Being a Bylaw to control nuisances, weeds, and unsightly premises within the
Town of Okotoks.
WHEREAS:
Pursuant to the provisions of the Municipal Government Act,
Statutes of Alberta, RSA 2000 and amendments thereto, Council
may pass a Bylaw for the purpose of controlling weeds, unsightly
premises and nuisances within the Town of Okotoks;
AND WHEREAS:
Council deems it necessary to pass a Bylaw to control nuisances,
weeds, and unsightly premises within the Town of Okotoks;
NOW, THEREFORE, THE MUNICIPAL COUNCIL OF THE TOWN OF OKOTOKS, IN
THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1.
TITLE
This Bylaw may be cited as the "Nuisance and Unsightly Premises Bylaw".
2.
DEFINITIONS
2.1
In this Bylaw, unless the context otherwise requires:
a)
"building material" means material or debris which may result from the
construction, renovation or demolition of any building or other structure
and includes, but is not limited to, wood, gypsum board, roofing, vinyl
siding, metal, packaging material and containers of building material,
gravel, concrete and asphalt and any earth, rocks and vegetation
displaced during such construction, renovation or demolition of any
building or other structure;
b)
"carry on" means to carry on, continue, operate, perform, keep, hold,
occupy, or use a thing, object or practice;
c)
"Chief Administrative Officer" means a Municipal official in the
responsible role of Chief Administrative Officer, and includes anyone
designated and authorized to act on his behalf;
d)
"control" in reference to weeds means:
i. Cut, mow or carry out measures designed to inhibit propagation of
nuisance or noxious weeds, or
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 2 of 9
ii. Destroy the prohibited noxious weed if specified by a Peace Officer
or Weed Inspector employed by the Town of Okotoks, or
(Bylaw 19-12)
iii. Carry out other measures as prescribed by a Peace Officer or Weed
Inspector employed by the Town of Okotoks;
e)
"Council" means the Council of the Town of Okotoks;
f)
"Court" means the Provincial Court of Alberta;
g)
"front yard" means the yard which extends in width between the side
boundaries of a site and in depth from the front boundary of the site to
the front yard setback as prescribed in the district by the Land Use
Bylaw and is determined by the majority of sites fronting on a street.
With a corner lot, it is determined by the narrowest portion of the lot.
With irregularly shaped lots a mean average shall be used to establish
the yard (see Schedule "A"); (Bylaw 19-12)
h)
"garbage" means any household or commercial rubbish including, but
not limited to, boxes, cartons, bottles, cans, containers, packaging,
wrapping material, waste paper, cardboard, food, discarded clothing or
fabric and discarded household items;
(Clause i) deleted as per Bylaw 19-12)
i)
"including" when introducing a list of items, does not limit the meaning
of the words to those items or to items of a similar kind;
j)
"Notice" means a notice issued pursuant to this Bylaw to remedy a
condition that is not in compliance with any provision of this Bylaw;
k)
"owner" means:
i. a person who is registered under the Land Titles Act as the owner of
a parcel of land, or
ii. a person who is recorded as the owner of a property on the tax
assessment roll of the Municipal District, or
iii. a person who has purchased or otherwise acquired a parcel of land,
whether he 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
iv. 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 ownerships; or
v. a person controlling a property or premises under construction, or
vi. a person who is the occupant of a property or premises pursuant to a
rental or lease agreement, license or permit;
l)
"Peace Officer" means a person so designated, and includes any
inspector designated by Council or the Chief Administrative Officer, to
perform the duties of peace officer with respect to the enforcement of
this Bylaw; (Bylaw 19-12)
m)
"person" means an individual or any business entity including a firm,
partnership, association, corporation, company or society;
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 3 of 9
n)
"premises" means any land situated in whole or in part within the Town
including the external surfaces of all buildings and land immediately
adjacent to any building or buildings and includes any land or buildings
owned or leased by the Town;
o)
"Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, R.S.A. 2000, Chapter P-34, and the regulations thereof,
as amended or replaced from time to time;
p)
"rear yard" means the yard which extends in width between the side
boundaries of a site and in depth from the rear boundary of the site to
the rear year setback as prescribed in the district by the Land Use
Bylaw. With irregularly shaped lots a mean average shall be used to
establish the yard (See Schedule "A"); (Bylaw 19-12)
q)
"recreation 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 home, slide-in camper, chassis-mounted
camper, boat, all terrain vehicle, snowmobile and tent trailer, whether
licensed or unlicensed; (Bylaw 19-12)
r)
"residential building" means a structure used as a residence
containing one or more dwelling units, including a house, multi-family
dwelling, apartment building, hospital, lodging house, hotel, motel,
mobile home, tent, trailer, motor home, camper or recreational vehicle of
any type;
s)
"residential development" means any land that is the site of one or
more residential buildings, including farms, ranches, and other land that
is used for purely agricultural purposes;
t)
"roadway" has the same meaning as defined in the Traffic Safety Act;
but excludes any lane or alley; (Bylaw 19-12)
u)
"side yard" means a yard which extends in width between the front and
rear yard and in depth from the side boundary of the site to the side yard
setback as prescribed in the district by the Land Use Bylaw (see
Schedule "A"); (Bylaw 19-12)
v)
"Town" means the Town of Okotoks, a municipal corporation in the
Province of Alberta, and where the context so requires means the area
of land within the corporate boundaries thereof;
w)
"Unsightly Premises" means any property or part of it which is
characterized by visual evidence of a lack of general maintenance and
upkeep by the excessive accumulation on the premises of:
i. garbage, animal or human excrement, sewage, weeds or dead
grass, the whole or a part of an animal carcass, dirt, soil, gravel,
rocks, petroleum products, hazardous materials, disassembled
equipment or machinery, broken household chattels or goods, or
ii. the whole or any part of any vehicle or vehicles which are not
registered with the Motor Vehicle Registry for the current year and
which are inoperative by reason of disrepair, removed parts or
missing equipment, or
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 4 of 9
iii. equipment or machinery which has been rendered inoperative by
reason of disassembly, age or mechanical condition, including
household appliances, or
iv. animal material, ashes, building material, garbage and yard material
as defined in this Bylaw, or
v. any other form of scrap, litter, trash or waste of any kind;
(Bylaw 19-12)
x)
"utility trailer" means a vehicle so designed that it may be attached to
or drawn by a motor vehicle and intended to transport property, goods,
etc.; (Bylaw 19-12):
y)
"vehicle" has the same meaning as defined in the Traffic Safety Act;
z)
"yard material" means waste material of an organic nature formed as a
result of gardening, horticultural pursuits, or agricultural activities and
includes grass, tree and hedge cuttings, waste sod and decomposing
plants, leaves and weeds.
3.
GENERAL PROHIBITION
3.1
No owner of a property or premises shall cause, allow or permit the premises to
become or to continue to be an unsightly premises as defined in this Bylaw.
3.2
Whether or not a particular premises is "characterized by visual evidence of a
lack of general maintenance" or as a result of the "excessive accumulation" of
the materials listed in section 2(w) of this Bylaw are questions of fact to be
determined by a Court hearing a prosecution pursuant to the provisions of this
Bylaw. (Bylaw 19-12)
3.3
When making the determination during a trial as to whether a particular
premises constitutes an "unsightly premises" the Court's considerations shall
include any admissible evidence as to:
a)
The general condition and state of tidiness of the neighbouring or
surrounding premises; and
b)
The location and permitted use of the premises and whether or not the
premises is located within a Residential Development; and
c)
The period of time the premises has been in the state complained of;
and
d)
Whether or not the premises is undergoing construction or renovation,
and the period of time that such activity has been ongoing; and
e)
Any other circumstances or factors relating to the premises which the
Court deems are relevant to the said determination.
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 5 of 9
4.
WEEDS, GRASS, TREES, PESTS, AND SMOKE
4.1
Every occupant or owner of any property or premises within the Town shall:
a)
Eradicate or control all weeds and grass on a premises, 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;
b)
Prune or remove any and all trees that, due to a deterioration of
condition or for any other reason, interfere with any public utility or public
works, and are a public safety hazard;
c)
Remove or prune any shrub owned by him which is, or could be, a
nuisance to any person using any publicly owned or maintained sidewalk
or street;
d)
Prevent stagnant water from remaining on any such premises and
becoming a breeding place for mosquitoes or other pests;
e)
Cut or mow the grass on any boulevard or street, situated on Town
owned land adjoining, or abutting or adjacent to premises owned or
occupied by him, 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;
f)
Remove from such property any dead grass or brush or rubbish which
may be untidy or unsightly, or may harbor vermin or pests thereon;
g)
Cut the grass on such property before said grass reaches such a height
as to be unsightly, having regard to the height of the grass on adjacent
or surrounding property.
4.2
No occupant or owner of any property or premises shall:
a)
Allow noxious weeds or prohibited noxious weeds (as defined in the
Weed Control Regulation AR 19/210) to grow on occupied or
unoccupied premises. (Bylaw 19-12)
b)
Suffer or permit trees growing on private property to interfere or
endanger the lines, poles, conduits, pipes, sewers or other works of the
Town;
c)
Allow blight or disease of the trees or shrubs or vegetable or plant life
liable to spread to other trees or shrubs or plant life within the Town to
go unchecked;
d)
Allow or cause an opaque or dense smoke or dust to be emitted to the
atmosphere from any lands, buildings or premises within the Town of
Okotoks.
5.
CONSTRUCTION SITES
5.1
An owner of a property or premises under construction shall ensure that
building materials and waste materials on the premises are removed or
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 6 of 9
contained and secured in such a manner that prevents such material from
being blown off or scattered from the property.
5.2
An owner of a property or premises under construction or renovation shall
ensure that waste building material on the premises is removed or secured
within a reasonable time by means of appropriate containers.
6.
RECREATION VEHICLES AND UTILITY TRAILERS (Bylaw 19-12)
6.1
No person shall be allowed to keep or maintain on private property in a
residential district or within the Heritage Mixed Use District, as defined in the
Land Use Bylaw:
a)
a recreation vehicle or utility trailer in a front yard or side yard abutting a
roadway for longer than 72 consecutive hours, following which the owner
or operator shall remove the recreation vehicle or utility trailer from any
private property in a residential district or with the Heritage Mixed Use
District, as defined in the Land Use Bylaw, for a period of not less than
48 consecutive hours;
b)
a recreation vehicle or utility trailer on any portion of a front yard except
on an area that is paved. A paved surface may consist of cement,
asphalt, paver, or similar, and is not considered paved if only the areas
under the tires are paved;
c)
a recreation vehicle or utility trailer parked other than parallel to the sides
of a driveway;
d)
a recreation vehicle or utility trailer parked in a manner that, in the
opinion of a Peace Officer, impairs the line of sight for vehicular and/or
pedestrian traffic to the point where it constitutes an unsafe or
hazardous condition, or it constitutes any traffic or public safety hazard;
or
e)
a recreation vehicle or utility trailer parked so as to encroach onto the
sidewalk, curb, or roadway.
6.2
Notwithstanding Section 6.1, a person may be allowed to keep or maintain a
recreation vehicle or utility trailer on private property in a residential district or
within the Heritage Mixed Use District, as defined in the Land Use Bylaw, at a
location other than a front yard or side yard abutting a roadway.
7.
EXEMPTIONS & EXCEPTIONS
7.1
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.
7.2
The owner of a premises that carries on or permits the carrying on of any
activities referred to in section 7.1 of this Bylaw shall ensure that all reasonable
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 7 of 9
steps are taken to minimize the duration and visual impact of any resulting
untidiness or unsightliness of the premises. (Bylaw 19-12)
7.3
Whether or not an owner has taken "all reasonable steps" to minimize the
duration and visual impact of any resulting untidiness or unsightliness of a
premises, as referred to in section 7.2 of this Bylaw, is a question of fact to be
determined by the Court hearing a prosecution pursuant to the provisions of
this Bylaw. (Bylaw 19-12)
8.
INSPECTIONS
8.1
The Chief Administrative Officer (CAO) and other duly appointed Town officials
are charged with the responsibility and authority to enforce and carry out the
provisions of this Bylaw. Any person so authorized and/or contracted by the
CAO or the Council to carry out any inspection and remedial work on a
premises or property pursuant to the provisions of this Bylaw shall have the
right to enter upon any such property, other than a dwelling house, to carry out
such inspections or work.
8.2
A Peace Officer, when investigating an alleged contravention of this Bylaw, is
hereby authorized to enter upon any lands, buildings or premises, other than a
dwelling house, to inspect for conditions that may constitute a nuisance, or
otherwise contravene the provisions of this Bylaw. A Peace Officer may
thereafter issue a verbal or written order to the owner or occupant thereof to
remedy any condition(s) of the subject premises or property that have been
found to be in contravention of this Bylaw.
9.
ENFORCEMENT
9.1
Where a Peace Officer has reasonable grounds to believe that a person has
contravened any provision of this Bylaw, the Peace Officer may commence
proceedings against such person by:
a)
Issuing the person a Violation Ticket pursuant to the provisions of Part 2
of the Provincial Offences Procedure Act; or
b)
Swearing out an Information and Complaint against the person.
9.2
Where a Peace Officer issues a person a Violation Ticket in accordance with
section 9.1(a) of this Bylaw, the officer may either:
a)
Allow the person to pay the specified penalty as provided for in sections
11.1 and 11.2 of this Bylaw by indicating such specified penalty on the
Violation Ticket; or (Bylaw 19-12)
b)
Require a Court appearance of the person where the Peace Officer
believes that such appearance is in the public interest, pursuant to the
provisions of Part 2 of the Provincial Offences Procedure Act.
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 8 of 9
9.3
Notwithstanding any other provision of this Bylaw, a Peace Officer, upon
receiving and reviewing a nuisance or unsightly premises complaint, shall
assess the nuisance being the subject of the complaint. The investigating
officer shall then recommend or take whatever actions are considered
appropriate to address the complaint, in all of the circumstances.
9.4
No provision of this Bylaw nor any action taken pursuant to any provision of this
Bylaw shall restrict, limit, prevent or preclude the Town from pursuing any other
remedy in relation to a premises or nuisance as provided by the Municipal
Government Act, or any other law of the Province of Alberta.
10.
GENERAL PENALTY PROVISION
10.1 Any person that violates any provision of this Bylaw is guilty of an offence and
is liable upon conviction to a maximum fine of TEN THOUSAND DOLLARS
($10,000.00) or in default of payment of the fine to imprisonment for a period
not exceeding one (1) year, or to both fine and imprisonment in such amounts.
11.
MINIMUM AND SPECIFIED PENALTIES
11.1 The specified penalty for a violation of any provision of this Bylaw is a fine in
the amount of FIVE HUNDRED DOLLARS ($500), and the minimum fine
allowable for any such violation is THREE HUNDRED DOLLARS ($300).
11.2 Notwithstanding section 11.1 of this Bylaw, if a person violates the same
provision of this Bylaw twice (or more) within a one-year period, the minimum
penalty allowable for the second (and subsequent) such violation(s) shall be a
fine in the amount of FIVE HUNDRED DOLLARS ($500.00). (Bylaw 19-12)
12.
GENERAL
12.1 It is the intention of the Council of the Town that each provision of this Bylaw
should be considered as being separate and severable from all other
provisions. Should any section or provision of this Bylaw be found to have
been improperly enacted, then such section or provision shall be regarded as
being severable from the rest of this Bylaw and that the Bylaw remaining after
such severance shall remain effective and enforceable.
12.2 It is the intention of the Council of the Town that all offences created pursuant
to this Bylaw be construed and considered as being Strict Liability Offences.
12.3 In the case of an offense that is of a continuing nature, a contravention
constitutes a separate offense in respect of each day or part of a day on which
it continues. (Bylaw 19-12)
Bylaw 17-07
ADMINISTRATIVE CONSOLIDATION
Page 9 of 9
12.4 Whenever the singular and masculine gender is used in this Bylaw, the same
shall include the plural, feminine and neuter gender whenever the context so
requires.
12.5 This Bylaw shall come into effect upon third reading, and Bylaw A.295 and
A.426 of the Town is hereby repealed upon this Bylaw coming into effect.
Bylaw 17-07 received third and final reading August 13, 2007.
ORIGINAL BYLAW SIGNED BY
MAYOR AND MUNICIPAL SECRETARY
Bylaw 19-12 received third and final reading June 11, 2012.
ORIGINAL BYLAW SIGNED BY
MAYOR AND MUNICIPAL SECRETARY
SCHEDULE "A"
Lane or Adjoining Property
Rear Yard
Side
HOUSE
Yard
W
Side
uJ
Yard
o
Front Yard
Street
(Bylaw 19-12)