Community Standards Bylaw 2026/06

Rocky Mountain House, Alberta

This is the exact embedded text of the captured official document. Snapshot 508f0900aeb0 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TRMH Community Standards Bylaw 2026/06 Page 1 of 10 TOWN OF ROCKY MOUNTAIN HOUSE BYLAW NO. 2026/06 BEING A BYLAW IN THE TOWN OF ROCKY MOUNTAIN HOUSE, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING, CONTROLLING, AND ABATING NOISE, NUISANCES, PUBLIC DISTURBANCES, UNSIGHTLY PROPERTIES AND ANY CONDUCT RELATED TO THE PERSONAL HEALTH & SAFETY OF RESIDENTS IN THE TOWN OF ROCKY MOUNTAIN HOUSE. WHEREAS, Section 7 of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended authorizes Council to pass bylaws respecting nuisances, including unsightly Property; the safety, health and welfare of people; and the protection of people and Property; AND WHEREAS, Council deems it necessary to implement a Bylaw to establish and enforce minimum standards relating to the state of maintenance of Property, to regulate, control and abate nuisances generally, and to regulate untidy and unsightly properties, to establish standards and regulate public conduct in the Town of Rocky Mountain House; NOW THEREFORE, the Council of Rocky Mountain House pursuant to that authority conferred upon it by the laws of the Province of Alberta, enacts as follows: 1. TITLE 1.1 This Bylaw may be cited as the "Community Standards Bylaw". 2. DEFINITIONS 2.1 In this Bylaw: a. "Animal Material" means any animal excrement and includes all material accumulated on a premises from pet pens or pet yards, stables, veterinary clinics, animal hospitals, kennels, or shelters or any similar uses; b. "Abandoned Equipment" means equipment or machinery, which has been rendered inoperative by reason of its disassembly, age, or mechanical condition; c. "Abandoned Vehicle" means the whole or any part of any motor vehicle or farm implement that is in a rusted, wrecked, partly wrecked, in a dismantled condition, or partly dismantled condition and is not located in a building or located on the Property such that it can be concealed from view; d. "Boulevard" means that part of a highway that is not a roadway, between the curb line or where there is no curb line, the edge of the roadway, and the adjacent Property line whether or not it is paved or unpaved and may include the sidewalk that is adapted to the use of or ordinarily used by pedestrians; e. "Construction Material" means all construction and demolition material accumulated on a premises while constructing, altering, repairing or demolishing any structure and includes, but is not limited to, earth, wood debris, vegetation or rock displaced during such construction, alteration or repair; f. "Control" means, with reference to noxious weed, to carry out measures designed to inhibit propagation of the weed, destroy the weed, or carry out measures prescribed by an inspector for the control of the weed: g. "Court" means the Provincial Court of Alberta; h. "Defecate" means to discharge human waste matter from the bowels; TRMH Community Standards Bylaw 2026/06 Page 2 of 10 i. "Designated Officer" means a Bylaw Enforcement Officer, Peace Officer or a member of the Royal Canadian Mounted Police or any other person so authorized to act on behalf of the Town of Rocky Mountain House; j. "Destroy" means, with reference to a restricted weed, to kill all growing parts of the weed, or render the reproductive mechanism of the weed non-viable; k. "Garage Sale" means a non-commercial sale or resale, organized by an individual or nonprofit group featuring the sale of personal and household goods that are owned by the host, host's friends, or nonprofit group. They are also known as yard, rummage, estate, or multi-family Garage Sales; l. "Graffiti" means: i. the application of any substance, including paint, ink, stain or whitewash; or, ii. the affixing of any substance, including paper, fabric or plastic by any form of adhesion which does not remove cleanly when pulled away from the applied surface; or, iii. the marking, scratching, etching or other alteration or disfigurement; to any Property, without permission of the owner, which results in a visual effect commonly referred to as "Graffiti"; m. "Noxious Weed" means a plant designated in accordance with the Weed Act, as a noxious weed and includes the plant's seeds. n. "Nuisance Property" means any building, structure, or land use that unreasonably interferes with the health, safety, comfort, or quiet enjoyment of neighbors or the general public. It involves persistent conditions--such as excessive noise, waste accumulation, noxious odors, or illegal activities--that annoy or endanger others. o. "Occupant or" "Occupier" means any person other than the Owner who is actually occupying, legally responsible or is in possession of the Property, including, but not restricted to, a lessee, licensee, tenant or agent of the Owner; p. "Owner" means: i. a person who is registered under the Land Titles Act as the Owner of the land; or, ii. the person who is recorded as the Owner of the Property on the assessment roll of the Town; or, iii. a person who has purchased or otherwise acquired the land, whether they have as purchased or otherwise acquired the land directly from the Owner or from another purchaser, and has not become the registered Owner thereof; or, iv. a person holding oneself out as the person having the powers and authority of ownership or who for the time being exercises the powers and authority of ownership; or, v. a person controlling the Property under construction; q. "Panhandling" means the solicitation of gratuitous donations of money, food, or goods of any kind, whether by spoken, written or printed word, or bodily gesture, but does not include the solicitation of charitable donations by or on behalf of a registered charitable organization; r. "Prohibited Noxious Weed" means a plant designated in accordance with the Weed Acts as a prohibited noxious weed and includes the plant's seeds. s. "Property" means a parcel of land, whether private or publicly owned, including any buildings; TRMH Community Standards Bylaw 2026/06 Page 3 of 10 t. "Public Nuisance" means: i. any condition or use of Property which, in the opinion of a Designated Officer, constitutes an unreasonable interference with the use and/or enjoyment of other Property and includes, without limiting the aforementioned, conditions set out in Part 3 and Part 4 of this bylaw; ii. anything that is annoying, unpleasant or obnoxious and shall include, but not be limited to litter; or, iii. any act or emission which obstructs, or causes inconvenience, or damage to the public within the Town of Rocky Mountain House; u. "Public Place" means any public land, but also includes privately owned or leased Property, to which the public reasonably has or is permitted to have access, whether on pavement or otherwise, within the corporate limits of the Town of Rocky Mountain House; v. "Reasonable Notice" means 48 hours notice; w. "Reasonable State of Repair" means the condition of being: i. structurally sound; ii. free from significant damage; iii. free from rot or other deterioration; iv. safe for its intended use; or, v. close to the intended building design at the time of initial development; x. "Refuse" means all solid and liquid wastes including, but not limited to: food waste, broken dishes, cans, glass, rags, cast-off clothing, waste paper, cardboard, containers, organic and inorganic yard and garden waste, garbage, fuels, abandoned equipment, abandoned vehicles, tires, or any other form of waste or litter; y. "Remedial Notice" means a warning to the Owner or person responsible, in form of written notice, stating the contravention and expected date of which to remedy the situation; z. "Spit or Spitting" means to eject phlegm, saliva, chewing tobacco, juice, or any other substance from the mouth; aa. "Town" means the Town of Rocky Mountain House, in the Province of Alberta; bb. "Unsightly Property" means any of the following: i. in respect of land, including which, in the opinion of the Designated Officer shows serious signs of disregard for general maintenance or upkeep; ii. land on which Refuse from domestic, commercial or industrial activities including, but not limited to grass, tree and hedge clippings and other animal material or waste are located; iii. in respect of a structure, includes a structure whose exterior, in the opinion of the Designated Officer shows signs of significant physical deterioration; iv. the presence of, accumulation of Refuse, dirt, stone, garden Refuse, dead leaves or grass, construction materials, implements, abandoned vehicles and/or parts thereof, and abandoned equipment; and/or, v. the presence of fences, signs, billboards, garbage containers, playground equipment, or anything used, or erected on the Property which in the opinion of the Designated Officer are not kept in a Reasonable State of Repair; TRMH Community Standards Bylaw 2026/06 Page 4 of 10 cc. "Untidy" shall mean any of the following: i. any land that, in the opinion of the Designated Officer, is not keeping with the condition of surrounding properties. This includes properties that may have a detrimental effect on the market value of the Property in the surrounding area; ii. any Property or premise located in the Town of Rocky Mountain House that, in the opinion of the Designated Officer has grass that is allowed to exceed 25 cm in height, the vegetation is not cut, or is not free from weeds; and/or, iii. land that is not protected by suitable ground cover which prevents soil erosion of the soil or the devaluation of neighboring Property and shall also include grass, plants and vegetation which is not trimmed; dd. "Urinate" means to discharge urine from the body; and, ee. "Violation Ticket" means a violation ticket as defined in the Provincial Offences Procedure Act. ff. "Weed Act" means the Weed Control Act, SA 2008, c W-5.1" is a legislation that regulates the prevention, control and destruction of noxious weeds in Alberta. It also outlines the powers and duties of the Minister, inspectors and seed cleaning facilities. gg. "Window Covering" means any type of material used to cover a window to manage privacy, make the building appear occupied or for aesthetic reasons. This may include a window wrap, professional looking window painting or any other innovative window treatment approved by the Town. 3. SPECIFIC REGULATIONS NOISE 3.1 No person shall: a. cause or permit any noise that disturbs the peace of any other individual; or, b. yell, scream, or swear in any Public Place. 3.2 No person shall cause or permit Property they own or occupy to be used so that noise from the Property disturbs the peace of any other individual. 3.3 No drinking establishment shall permit any noise to emanate from the premises of such drinking establishment such that it annoys or disturbs any person outside the boundary of the drinking establishment. 3.4 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, duration and place of the sound; b. time of day and day of the week; and, c. nature and use of the surrounding area. 3.5 Where an area is designated by signs or other means as being a Hospital District, no person shall: a. carry on any noise-making activity in the area unless it cannot be carried on in some other area; or, b. make or continue any noise or loud sound within the area. 3.6 Unless the permission of the Designated Officer is first obtained, no person shall use or allow to be used 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 10:00 TRMH Community Standards Bylaw 2026/06 Page 5 of 10 p.m. and 7:00 a.m. from Monday to Saturday. On Sunday, the prohibited times will be between the hours of 10:00 p.m. and 9:00 a.m. Commercial snow removal equipment is considered exempt from the mentioned hours. GRAFFITI 3.7 No person shall create or apply Graffiti on or to any: a. Premises; b. Structure; and/or, c. Other Property which is owned or occupied by another person; unless the Graffiti is not in public view and the person who owns or occupies the premises, structure or other Property to which the Graffiti has been created or applied has given prior written approval for the creation or application of the Graffiti. 3.8 Every Owner or occupier of a premise shall ensure that Graffiti placed on their premises is removed, painted over, or otherwise blocked from public view. LITTERING/ILLEGAL DUMPING 3.9 No person shall place, deposit or throw or cause to be placed, deposited, or thrown upon any Town Property, including any street, lane, sidewalk, parking lot, park, public facility or other Public Place or water course any Refuse, debris or litter. 3.10 No person shall place, deposit, or throw or cause to be placed, deposited, or thrown upon any Property, including any street, lane, sidewalk, parking lot, park, or receptacle any Refuse, debris or litter. 3.11 A person who has placed, deposited, or thrown any matter mentioned in section 3.9 and 3.10 remove items within twenty-four hours or sooner, and/or as directed by a Designated Officer. SPITTING/URINATING 3.12 No person shall Urinate or Defecate in any Public Place other than a public washroom. 3.13 No person shall Urinate or Defecate in a public washroom other than in the supplied toilet or urinal. 3.14 No person shall Spit at any person, or on any public Property or on any private Property that they do not own. FIGHTING/LOITERING 3.15 No person shall participate in a fight or any physical confrontation in any Public Place. 3.16 No person shall loiter in any Public Place and thereby obstruct any other person. PANHANDLING 3.17 No person shall panhandle on any public roadway and/or public Property. a. This section will not pertain to those who have obtained or been designated Town permission or a temporary business license for public Property use. 4. GENERAL REGULATIONS NUISANCE AND UNSIGHTLY/UNTIDY PROPERTIES 4.1 No Owner or Owners, agent, lessee or Occupant of a Property shall: a. cause, allow or permit the Property to become or to continue to be an Unsightly or Untidy Property regardless if the Unsightly or Untidy condition is visible from a Public Place or roadway; or, TRMH Community Standards Bylaw 2026/06 Page 6 of 10 b. cause, allow or permit the Property to become or continue to be a Public Nuisance. 4.2 No person, being the Owner, lessee, occupier or agent of a Property shall fail, neglect or refuse to cut the grass on the Property or on any Boulevard adjacent to land they own or occupy, including any alley or lane. 4.3 No owner or Occupier of a Property shall fail to destroy Prohibited Noxious Weeds, Control Noxious Weeds on a Property, neglect or refuse to remove weeds on the Property, including any Boulevard adjacent to land they own or occupy, including any alley or lane. MAINTENANCE STANDARDS 4.4 No Owner or Owners, agent, lessee or occupier of a Property in designated residential or business area shall allow or permit the Property to become or continue to be Untidy. 4.5 All buildings, structures and improvements (including renovations and additions) to Property in a designated residential or business area shall be maintained so that: a. the foundations; b. exterior walls; c. roof; d. windows; e. steps and sidewalks; f. fences g. porches h. landings; i. other similar structures; and, j. signage/lighting are kept in a Reasonable State of Repair. ADVERTISEMENT AND GARAGE SALE SIGNS 4.6 No person shall post or exhibit or cause to be posted or exhibited any notice, placard, bill or printed matter or other type of notice whatsoever upon any traffic control device. 4.7 No Sign-Owner shall cause, permit, or allow a Garage Sale sign or other poster to be placed on a median, road, mailbox, garbage/recycling receptacle, streetlight standard, pole, traffic control device, or traffic island. 4.8 Garage Sale Signs may be placed on the Boulevard up to 2 (TWO) days priors to and on the day(s) of the Garage Sale. 4.9 An Owner must remove all posted signs within 48 hours after the Garage Sale. 4.10 Any sign that impedes or interferes with the work of a Town operation, or which creates a hazard to public safety, may be removed and disposed of by a Town Employee, Designated Officer, or agent of the Town without notice to the Owner of the Sign. UNOCCUPIED BUILDINGS 4.11 All unoccupied buildings shall be secured against unauthorized entry as required in the National Fire Code Alberta Edition as amended or replaced from time to time. 4.12 In a residential district, an unoccupied building may cover any door or window with a solid piece of wood (or other similar suitable material) but only if it is: TRMH Community Standards Bylaw 2026/06 Page 7 of 10 a. installed from the exterior and fitted within the frame of the opening in a watertight manner; b. of a thickness sufficient to deter unauthorized entry into the building; c. secured in a manner sufficient to deter unauthorized entry into the building; and, d. coated with an opaque protective finish that matches or compliments the existing exterior finish in a manner that is not detrimental to the surrounding area. 4.13 In a Commercial District, an unoccupied building shall cover any glass entry door and windows with a window wrap that is satisfactory to the Town and meets the following criteria: a. provides the appearance the building is occupied; b. be aesthetically pleasing and enhances the streetscape; c. conforms to the requirements of the Land Use Bylaw and follows the aspects of the Town's Architectural Guidelines; and, d. may contain lease or sale information for the building. 5. EXEMPTIONS & EXCEPTIONS 5.1 The provisions in this Bylaw shall not be interpreted to prevent bona fide work diligently carried out in accordance with a development permit issued by the Development Authority such as: commercial, industrial, agricultural, construction, demolition, renovation, landscaping, clean-up, storage, or other related activities from being carried out on, or in relation to a Property. 5.2 The Owner of a Property that carries on or permits the carrying on of any activities referred to in Section 5.1 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 Property. 5.3 Whether or not an Owner has taken all reasonable steps to minimize the duration and visual impact of any resulting untidiness or unsightliness of the premise, as referred to in Section 5.2 of this Bylaw, is a question of fact to be determined by the Court hearing a prosecution of an offence pursuant to the provisions of this Bylaw. 6. ENFORCEMENT 6.1 The Designated Officer may, for the purpose of ensuring that the provisions of this Bylaw are being complied with, enter upon any Property, in accordance with Sec. 542 of the Municipal Government Act, to carry out an inspection, enforcement or other action required or authorized by this Bylaw, the Municipal Government Act, or other statute. 6.2 When exercising their authority to enter onto a Property for inspection or enforcement under Section 6.1, the Designated Officer shall provide the Owner or Occupant of the Property with Reasonable Notice. 6.3 Where a Designated Officer has reasonable grounds to believe that a person has violated any provision of this bylaw, the Designated Officer may commence enforcement against such person by issuing a Remedial Notice giving a specified time to remedy violation. 6.4 Where a Designated Officer has reasonable grounds to believe that a person has violated any provision of this bylaw, the Designated Officer may commence court proceedings against such person by: a. issuing the person a Violation Ticket pursuant to the provision of Part 2 of the Provincial Offences Procedure Act; or, b. swearing out an information and complaint against the Person. TRMH Community Standards Bylaw 2026/06 Page 8 of 10 6.5 Where a Designated Officer issues a Violation Ticket in accordance with Section 6.4 of this Bylaw, the Officer may either: a. require the person to pay the specified penalty as provided for the offence in Part 6 of this Bylaw by including such specified penalty in the Violation Ticket; or, b. require a Court appearance of the Person where the Designated Officer believes that such appearance is in the public interest, pursuant to the provisions of part 2 of the Provincial Offences Procedure Act. 6.6 No provision of this Bylaw or 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 Property provided by the Municipal Government Act, or any other law of the Province of Alberta. 6.7 Notwithstanding whether a Violation Ticket has been issued under Section 6.4 of this Bylaw, any Owner or Occupant who contravenes this Bylaw may be issued an Order by a Designated Officer to remedy the contravention in any manner deemed necessary in the circumstances pursuant to Sec. 545 or Sec. 546 of the Municipal Government Act. 7. PENALTIES 7.1 Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to a penalty as set out in Schedule "A" of this Bylaw. 7.2 Where a contravention of this Bylaw is of a continuing nature, more than one Violation Ticket may be issued by a Designated Offences are subject to increased fines, per offence. Fines will increase per offence and are calculated one year from the first offence. 7.3 If the Designated Officer has reasonable grounds to believe that a person has contravened any provisions of this Bylaw, such Officer may serve upon such person an offence ticket allowing payment of the specified penalty to the Town of Rocky Mountain House, which payment shall be accepted by the Town in lieu of prosecution for the offence. 8. AUTHORITY TO ENTER LANDS 8.1 Subject to Section 542 of the Municipal Government Act, an enforcement officer or Designated Officer of the municipality may, after giving Reasonable Notice to the Owner or occupier of the land, enter the land to carry out the inspection, remedy, enforcement or action: a. enter such land at any reasonable time, and carry out the inspection, enforcement or action authorized or required by this bylaw; b. request anything be produced to assist in the inspection, remedy, enforcement or action; and, c. make copies of anything related to the inspection, remedy, enforcement or action. 8.2 The Designated Officer must, on request, display or produce identification showing that the person is authorized to make the entry. 9. EFFECTIVE DATE 9.1 This Bylaw comes into force and effect upon third and final reading. 9.2 Community Standards Bylaw 2025/02 is hereby repealed upon this Bylaw coming into force and effect. TRMH Community Standards Bylaw 2026/06 Page 10 of 10 SCHEDULE "A" Community Standards Bylaw SECTION DESCRIPTION SPECIFIED PENALTY 1st Offence 2nd Offence 3rd and subsequent Offences 3.1(a) Cause or permit any noise that annoys or disturbs the peace of a person $150 $250 $500 3.1(b) Yell, scream or swear in a Public Place $150 $250 $500 3.2 Owner of Property permit/allow Property to cause noise $150 $250 $500 3.3 Drinking establishment permit noise to emanate from the premise $500 $1,000 $2,500 3.5(a) Carry on any noise making activity in hospital district $150 $250 $500 3.5(b) Make or continue any noise or loud sound within a hospital district $150 $250 $500 3.6 Make a noise during prohibited hours $150 $250 $500 3.7 Place or cause Graffiti to be placed on any Property $2,500 $5,000 $7,500 3.8 Property owner permit / allow Graffiti to remain on Property after receiving notification $250 $500 $1000 3.9 Place, deposit, throw or cause to be placed, Refuse/litter upon any Town Property $250 $500 $750 3.10 Place, deposit, throw or cause to be placed, Refuse/litter upon any private Property $250 $500 $750 3.11 Fail to remove any matter as listed in Section 3.9 and 3.10 of this bylaw $250 $500 $750 3.12 Urinate or deposit any human waste in a Public Place $250 $500 $750 3.13 Urinate or deposit any human waste in a public washroom other than in the supplied toilet or urinal $250 $500 $750 3.14 Spit at any person or on any public or private Property that they do not own $150 $250 $500 3.15 Participate in a fight or any physical confrontation in a Public Place $500 $750 $1,000 3.16 Loiter in a Public Place $50 $100 $200 3.17 Panhandle in a Public Place $50 $100 $200 4.1(a) Permit/allow Unsightly or Untidy Properties $150 $250 $500 4.1(b) Permit/allow Public Nuisance $150 $250 $500 4.2 Fail, neglect or refuse to cut the grass on the Property or on any Boulevard adjacent to land they own or occupy, including any alley or lane. $150 $250 $500 4.3 Fail, neglect or refuse to remove weeds on the Property or on any Boulevard adjacent to land they own or occupy, including any alley or lane. $250 $500 $1000 4.5 Fail to maintain any building, structure or improvement on a Property, in a Reasonable State of Repair $150 $250 $500 4.6 Post/exhibit material on a traffic control device $150 $250 $350 4.7 Owner display signs in unauthorized location $150 $250 $350 4.8 Owner display signs before authorized time $150 $250 $350 4.9 Owner fails to remove sign after 48 hours of Garage Sale $150 $250 $350 4.11 Owner fails to secure building against unauthorized entry $150 $250 $350 4.12 Noncompliant door and window covering - residential building $150 $250 $350 4.13 Noncompliant door and window covering - commercial building $150 $250 $350