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SUMMER VILLAGE OF ROCHON SANDS
BY-LAW NO. 206 10
BEING A BYLAW TO PREVENT AND COMPEL THE ABATEMENT OF NUISANCES
GENERALLY, REGULATING UNSIGHTLY AND UNTIDY PREMISES
WHEREAS, under section 7(c) of the Municipal Government Act, a Council of a Municipality
may pass Bylaws for municipal purposes respecting nuisances, including unsightly property;
NOW THEREFORE, the Council for the Summer Village of Rochon Sands in the Province of
Alberta, duly assembled, enact as follows:
1. This Bylaw may be called the "Nuisance Bylaw".
2. (1) "Nuisance" for the purpose of this Bylaw means 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 or other property in the neighbourhood, and without
limiting the generality of the foregoing, includes the following:
(a) the failure to cut grass or weeds;
(b) the failure to destroy restricted weeds, control noxious weeds, or prevent the
spread or scattering of nuisance weeds which include but are not limited to
dandelions;
c) the growth of trees or shrubs in such a manner that they interfere with or
endanger visibility to street signage or sidewalk roadway clearance;
(d) the causing of opaque or dense smoke and permitting such smoke to be
emitted into the atmosphere for a period in excess of 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;
(e) the generation of excessive dust and permitting such dust to escape from the
property;
(f) the use of any pesticide or herbicide which has significant detrimental or
environmental effects on surrounding areas;
(g) the failure to control or eliminate insect pests harmful to the growth and
development of trees and shrubs or any vegetable or plant life;
(h) the storage or accumulation of dilapidated vehicles or the storage of vehicles
in excess of the number of vehicles permitted under the Land Use Bylaw;
(i) the storage or accumulation of or failure to dispose of discarded or dilapidated
furniture or household appliances, scrap metals, scrap lumber, tires, and motor
vehicle parts;
(j) the failure to dispose of any rubbish or garbage accumulated upon any
property.
(k) 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 as permitted under the Land
Use Bylaw.
3. 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.
4.
1. The Council or their designate may, after giving reasonable notice to the
owner or occupier of the premises, enter upon the said premises and carry
out an inspection.
2. Upon completion of the inspection, the Council or their designate may
direct the owner or occupant of the property to:
(a) cease the activity which causes the nuisance;
(b) change the way in which such person is carrying out any activity;
(c) direct any person to take any action or measure necessary to compel
the elimination or abatement of the nuisance, including the removal of any
thing or matter from the property, which constitutes the nuisance;
(d) specify the time within which such person must comply with the
directions contained in the notice; and
(e) notify the owner or occupant that, if compliance with the notice is not
effected 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.
5. No person shall cause or permit or undertake any activity upon any Summer
Village property which is a nuisance.
6.
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,
sidewalk, parking lot, park, or other public facility or other public place or
water course:
(a)
a cardboard or wooden box, carton, container, or receptacle of any
kind;
(b) a paper, wrapper, envelope, or covering of any kind, whether paper or
not, from food or confectionery;
(c) paper of any kind, whether or not containing written or printed matter
thereon;
(d) any human, animal or vegetable matter or waste;
(e) any glass, crockery, nails, tacks, barbed-wire or other breakable or
sharp objects;
(f) scrap metal, scrap lumber, tires, dismantled wrecked or dilapidated
motor vehicles or parts there from;
(g) 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;
(h) dirt, filth or rubbish of any kind whether similar or dissimilar to the
foregoing.
2. A person who has placed, deposited or thrown or caused to be placed or
thrown anything or any matter mentioned in subsection (1) upon any
street, lane, sidewalk, parking place, park or other public place or water
course shall forthwith remove it.
7. No person shall place, deposit or throw or cause to be placed, deposited or thrown
upon or into any motor vehicle, which is parked on any street, lane, parking lot or
other public place, any leaflet, pamphlet, poster, handbill, flyer or any paper
containing printed or written matter, whether advertising or not, with the
exception of any violation ticket or summons issued pursuant to lawful authority.
8. The Council or their designate may authorize any Summer Village employee, or
other person, to remove and put in storage or destroy anything placed upon
Summer Village property in contravention of Section 5 and 6 of this Bylaw.
OFFENCES AND PENALTIES
9. (a) Any person who contravenes or fails to comply with the provisions of this
Bylaw is guilty of an offence and shall be liable upon conviction to a specified
penalty of $500.00, unless otherwise provided for in section 9(b).
(b) Any person who contravenes or fails to comply with the provisions of this
Bylaw respecting public facilities (section 6) is guilty of an offence and shall be
liable upon conviction to a specified penalty of $50.00.
10. Where the Council or their designate has reasonable grounds to believe that a
person has contravened any provisions of this Bylaw, may serve upon such person
an offence ticket allowing payment of the specified penalty to the Summer
Village, which payment shall be accepted by the Summer Village in lieu of
prosecution for the offence.
11. This Bylaw comes into full force and effect upon receiving third reading. Bylaw
#76 is hereby rescinded.
READ a first time this
5th
day of
June
, 2010.
.
READ a second time this
3rd
day of
July
, 2010.
.
READ a third time and finally passed this
3rd
day of
July
, 2010.
Mayor
Administrator