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Town of Raymond Graffiti Bylaw--December 2011
TOWN OF RAYMOND
BYLAW NO. 992-11
GRAFFITI BYLAW
A BYLAW OF THE TOWN OF RAYMOND TO REGULATE GRAFFITI AND
ACTIVITIES IN RELATION TO GRAFFITI WITHIN THE CORPORATE
LIMITS OF THE TOWN OF RAYMOND.
WHEREAS the Municipal Government Act, authorizes municipalities to pass bylaws
respecting the safety, health and welfare of people and the protection of people and
property;
AND WHEREAS the Municipal Government Act authorizes a municipality to pass
bylaws respecting nuisances, including unsightly property.
NOW THEREFORE, the Council of the Town of Raymond duly assembled, ENACTS
AS FOLLOWS:
NAME OF BYLAW
1. This bylaw may be cited as the "Raymond Graffiti Bylaw".
DEFINITIONS
2. For the purposes of this bylaw the following words have the following
definitions:
(a) "Bylaw Enforcement Officer" means any person employed by the Town
of Raymond as a community peace officer, bylaw enforcement officer, or
member of the Royal Canadian Mounted Police.
(b) "graffiti" means words, figures, letters or drawings scribbled, scratched,
painted, sprayed, written, drawn, or otherwise applied on premises without
the consent of the owner of the premises;
(c) "premises" includes anything constructed or placed on, in or over land.
(d) "the Town" means the Town of Raymond.
GRAFFITI PREVENTION AND ABATEMENT
3.
(1)
No person shall apply or attempt to apply graffiti.
(2)
Every owner or occupier of premises shall ensure that
graffiti applied on the premises is removed, painted over, or
Town of Raymond Graffiti Bylaw--December 2011
otherwise permanently blocked from public view within
seven (7) days of receiving written notice from a Bylaw
Enforcement Officer. If the owner or occupier, as the case may
be, fails to comply with this provision, the Town, at their sole
discretion and without further notice, may take such steps as
the deem necessary to remove, paint over, or otherwise
permanently block from public view the graffiti.
(3)
Everyone who, without lawful excuse, the proof of which
lies on him, has in his possession any instrument suitable for
the purpose of applying graffiti under circumstances that
give rise to a reasonable inference that the instrument has
been used or is or was intended to be used for any such purpose, is
guilty of an offence.
(4)
In a prosecution for an offence under subsection (1) or (2), if
the defendant seeks to rely on the graffiti being made with
the consent of the owner of the premises, the onus of
proving the owner's consent rests with the person relying on
consent.
PENALTIES
4.
(1)
Where a Bylaw Enforcement Officer believes on reasonable
and probable grounds that a person has contravened any
provision of this bylaw he may commence proceedings by
issuing a summons by means of a violation ticket in
accordance with Part 2 of the Provincial Offences Procedure
Act R.S.A. 2000 c. P-34.
(2)
The specified penalty payable in respect of a contravention
of this bylaw is the amount set out in Schedule "A".
(3)
Pursuant to section 27(2)(d) of the Provincial Offences
Procedure Act, if the summons issued by a Bylaw
Enforcement Officer under subsection (1) so provides, the
person named in the summons may make a voluntary
payment in the specified amount set out in Schedule "A" of
this bylaw, and upon making the voluntary payment, that
person is not required to appear before a justice to answer
the summons.
(4)
A person who contravenes subsection 3(1) of this bylaw is
guilty of an offence and liable upon conviction to pay a fine
of not less than one thousand ($1,000) dollars and not more
than ten thousand ($10,000) dollars, or in default of payment
Town of Raymond Graffiti Bylaw--December 2011
SCHEDULE "A"
SPECIFIED PENALTIES
Subsection
Offence
Amount
3(1)
Applying Graffiti
$1,500.00
3(2)
Failing to remove, paint over, or otherwise
permanently block graffiti from public view
$50.00
3(3)
Possession of Graffiti instrument
$500.00
IN THE EVENT OF A PROSECUTION OF A YOUNG PERSON, IF THE YOUTH
JUSTICE ACT (ALBERTA) SETS A MAXIMUM FINE THAT MAY BE IMPOSED
AGAINST A YOUNG PERSON WHICH IS LOWER THAN AN AMOUNT STATED
IN THIS SCHEDULE "A', THE MAXIMUM AMOUNT STATED IN THE YOUTH
JUSTICE ACT SHALL APPLY.