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## SUMMER VILLAGE OF SUNBREAKER COVE
## BY-LAW #107-15
## COMMUNITY STANDARDS
PREVENT AND · COMPEL BATEMENT OF NOISE, NUISANCE, UNSIGHTLY PREMISES ANI PUBLIC DISTURBANCE
premises and public disturbances;
NOW THEREFORE the Municipal Council of the Summer Village of Sunbreaker Cove duly assembled enacts as follows:
## 1. TITLE
"Community Standards Bylaw"
## 2. DEFINITIONS
In this Bylaw, including this section, unless the context otherwise requires:
"Chine diage orsin one me apon his omitive ofice of the
"Cemeti" mems the Municipal Council of the Summer Village of Suntruker
ect to gains per defacement or dieteen of any property or
- he application of any substance, including paint, ink, stai r whitewash to any surface;
- the marking, scratching, etching or other alteration or disfigurement of any surface.
"Minor" means an individual under 18 years of age.
```
SUMMER VILLAGE OF SUNBREAKER COVE COMMUNITY STANDARDS BY -LAW #107-15 Page |2
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"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.
"Peace Officer" means:
- (i) a member of the Royal Canadian Mounted Police;
- i) a Bylaw Officer as appointed by the Summer Village to enfor laws of The Summer Village; (
- (iii) a Community Peace Officer as appointed by the Solicitor General of Alberta.
a pace of eaten are ral out in and he dier at of building or buildings.
"Provincial Ticket" means a ticket as defined in the Provincial Offences Procedure Act, R.S.A. 2000, c. P-34
"Public Place" means any place, including privately owned or lease roperty, to which the public reasonably has or is permitted to have access.
"Summer Village" means the Summer Village of Sunbreaker Cove.
"Youth" means an individual 12 to 17 years of age;
## 3. NOISE
- 3.1 No person pal cause permi any noise that annoys or
- other person.
- 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.
- 3.4 Prepeat of any ours person sino lance a ence or dis unde and 8:00 a.m. any day.
## 4. INDUSTRIAL/CONSTRUCTION NOISE
- 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 th lunicipal Government Act
- on that activity.
- With the exception of the activities referred to in section 4.1
## 5. EXCEPTIONS
- circumstance.
## 6. NUISANCE AND UNSIGHTLY PREMISES
- 6.1 *vis up an the purpose or this blas includes any us, or org
- 6.1.1 the failure to dur grasi, rect, shands pred a or other
- 6.1.2 the dier rode ly spect dred, can reside
- 6.1.3 the growth of trees or shrubs in such a manner that they signage, or roadway is anendanger visibility to street
- 6.1.4 ne accumulation of any material that creates unpleasar dors, any material that attracts pests or any anim remains, parts of animal remains or animal feces;
- 6.1.5 equipment or appliances and motor vehicle parts;
- 6.1.6 2205222
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 comes 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 t public safety;
- 6.1.11 e burning of anything other than dry untreated cle ood in a residential wood firepla
- 62 No any porn team the sum or a de ere pict property, or the activities upon such property to be or remain nuisance or safety hazard
## 7. GRAFFITI
- 7.1 No person shall place graffiti or cause it to be placed on any property.
- Evere is ry ore, sail else a praise cd on their blocked from public viev
- 7.3 A property owner who breaches the provisions of Section 8 here, following the issuance of and failure to comply with a Be able do paymen ta peaty as prest bed in schedule shall
- 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. CONSTRUCTION WASTE
- 8.1 Each construction site shall have a waste container to ensure that waste construction materials are placed in the container to preven the material from being blown away from the construction site.
- 8.2 lo loose construction material is to be stored or accumulated on onstruction site unless it is not capable of being blown around t construction area.
## 9. NUISANCE ENFORCEMENT
- 9.1
- Upon complice at the ingoin, he Peace fier may direct
- 9.2.1 cease the activity which causes the nuisance;
- 9.2.2 change the way in which such person is carrying out any activity;
- 9.23
- 1) the one ron real in eate in or enclosure;
- (e) satisfaction of the Finese gienent in a form to the
- specify the time mition bich such peon must
- (e) notify the owner or occupant that, if complianc with the notice is not effected within a specifier
- (f) premises clean, tidy and free of nuisances.
- Iny person who refuses to allow an inspection of the premise under Section 10.1 is guilty of an offenc
- Seeperis suitro fails te comply with a direction made under
- Sumeroiage proper emit a denake any activity upon any
## 10 LITTERING
- 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:
- 10.1.1 a cardboard or wooden box, carton, container, or receptacle of any kind;
- 10.1.2 a paper paper open, ron pod or coverio of any kind,
- ).1.3 paper of any kind, whether or not containing written inted matter thereo
- 10.1.4 any human, animal or vegetable matter or waste;
- 10.1.5 any glass, crockery, nails, tacks, barbed-wire or other breakable or sharp objects;
- 0.1.6 scrap metal, scrap lumber, tires, dismantled wrecked lapidated motor vehicles or parts there fron
- 10.1 dir similar eternalist of any kind wether similar
## 11. AUTHORITY TO REMOVE
- '!! The Chirage or destiny one a cupon there val and property in contravention of this bylaw.
## 12. ORDER
- 12.1 Ae posited of cor may, by witen order octave is person
- 12.2 The Order shall:
- 12.2.1 state a time within the owner must comply with the order;
- 12.2.2 state that if the owner does not comply with the orde within a specified time, the Summer Village will tak the action or measure at the expense of the owner.
- he Summer Village may, in respect of an order, register a cave nder the Land Titles Act against the certificate of title for the la that is the subject of the order.
## 13. RIGHT TO REMEDY
- Resury no i with me ake taproperagions or measures are
- 13.1.1 the Summer Village has issued a written Order under Section 13 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
- ly person who breaches any section of this Bylaw is guilty of fence and liable
- 14.1.1 payment of the penalty specified in Schedule "A" hereto; or
- 1422 gray of not fleshich heis openly a ice a $10,000.00;
nd in default of payment of any penalty, to imprisonment for u o six (6) month
## 15. MUNICIPAL AND PROVINCIAL TICKETS
- 1.1 Any ve ate Oniy or who has reasonable alp babi ground tis Bylaw, may issue and serve:
- .1.1 A Municipal Ticket allowing payment of the specifi nalty to The Summer Village;
- .1.2 A Provincial Ticket according to the provisions of t rovincial Offences Procedure Act, as amende
- 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.
- 15.3 Lic islation ticket is ised in respect of an oftence, the violation.
- 15.3.1 specify the fine amount established by this Bylaw for the offence; or
- 1532 of matin parson tay parie Cour without the allerative
- 15.4 A person who commits an offence may:
- 15.4.1 If a violation ticket is issued in respect of the offence; and
SUMMER VILLAGE OF SUNBREAKER COVE COMMUNITY STANDARDS BY-LAW #107-15
Page 18
15.4.2 If the violation ticket specifies the fine amount establishes ›y this Bylaw for the offence, make a voluntary paymen qual to the specified fine by delivering the violation ticke nd the specified fine to the Provincial Court Offic 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
THAT this Bylaw shall take effect on the date of the third and final reading and upon signing by the Mayor and Chief Administrative Officer.
READ a first time in Council assembled this 23 day of April, 2015.
READ a second time in Council assembled this 23'd day of April, 2015.
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let Can.
Bill Carr, Mayor
Phyllis Forsyth, CAO
READ a third time in Council assembled and passed this 28d day of May, 2015.
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Page |9
| Offence Make noise Schedule "A" Schedule of Fines Section | | Fine |
|-------------------------------------------------------------------------------------------------------|------------|-------------------|
| first offenc | | $50.00 |
| ) second offence within 1 yea | | $500.00 |
| c)third and subsequent offences | | $750.00 |
| within 1 year | | |
| | 3.2 | $250.00 |
| a) first offence a) second offence within 1 year | | $500.00 |
| b) third and subsequent offences | | $750.00 |
| Industrial or construction noises | 4.1 or 4.2 | |
| | | $250.00 |
| b) second offence within 1 year | | $500.00 |
| c) third and subsequent offences | | $750.00 |
| Permitting a nuisance on Private Property | 7.1 | |
| | | $200.00 |
| b) second offence within 1 year | | $400.00 |
| c) third and subsequent offences | | $600.00 |
| Placing Graffiti on property | 8.1 | |
| a) first offence | | $2,500.00 |
| b) a second offence within 1 year | | $5,000.00 |
| c) third and subsequent offences | | $7,500.00 |
| within 1 year Failure to remove Graffiti | 8.2 | |
| a) first offence | | $250.00 |
| b) second offence within 1 year | | $500.00 |
| c) third and subsequent offences | | $1,000.00 |
| within 1 year | | $250.00 for |
| Failure to comply with Graffiti order | 8.3 | each day that the |
| | | breach continues |
| Failing to contain construction waste | 9.1 ог 9.2 | |
| a) first offence | | $250.00 |
| b) second offence within 1 year | | $500.00 $1000.00 |
| c) third and subsequent offences | | $500.00 |
| Refusing to allow a Peace Officer access to carry out Failing to comply with order of a Peace Officer | 10.1 10.2 | $500.00 |
| a) first offence | | $750.00 |
| b) second offence within 1 year | | |
| c) third and subsequent offences | | $1,000.00 |
| within 1 year Nuisance upon Summer Village property | 10.5 | $500.00 |
| Depositing litter on Summer Village property | 10.1 | |
| a) first offence | | 350000 |
| b) second offence within 1 year | | |
| Failing to remove litter | 112 | |
| a) first offence | | $500.00 |
| b) second offence within 1 year c) third and subsequent offences | | $750.00 $1,000.00 |
| within 1 year | | |