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TOWN OF THREE HILLS
BYLAW NO. 1453-20
COMMUNITY STANDARDS BYLAW
BEING A BYLAW OF THE TOWN OF THREE HILLS, IN THE PROVINCE OF ALBERTA,
TO REGULATE THE CONDUCT AND ACTIVITIES OF PEOPLE IN PUBLIC PLACES AND
ON PRIVATELY OWNED PROPERTY AND IMMEDIATELY ADJACENT AREAS IN
ORDER TO PROMOTE THE SAFE, ENJOYABLE AND REASONABLE USE OF SUCH
PROPERTY FOR THE BENEFIT OF ALL CITIZENS OF THE TOWN.
WHEREAS the Municipal Government Act, RSA 2000, c. M-26, as amended, authorizes a council to
pass bylaws for municipal purposes respecting the safety, health and welfare of people and the
protection of people and property; and
WHEREAS the Municipal Government Act authorizes a council to pass bylaws for municipal purposes
respecting nuisances, including unsightly property; and
WHEREAS Council believes the regulation of nuisances through a Community Standards Bylaw would
benefit the community as a whole; and
WHEREAS the Municipal Government Act authorizes a council to pass bylaws for municipal purposes
respecting people, activities and things in, on or near a public place or a place that is open to the public;
and
WHEREAS the Municipal Government Act authorizes a council to pass bylaws for municipal purposes
respecting the enforcement of bylaws made under the Municipal Government Act or any other
enactment; and
NOW THEREFORE the Council of the Town of Three Hills, in the Province of Alberta, duly
assembled, enacts as follows:
PART I:
PURPOSE, DEFINITIONS, AND INTERPRETATIONS BYLAW TITLE
1.
SHORT TITLE
1.1. This Bylaw shall be known as the "Community Standards Bylaw".
2.
DEFINITIONS
2.1. In this Bylaw, unless the context otherwise requires:
2.1.1.
"Boulevard" shall mean that portion of the road right-of-way located between the
property line and the edge or curb of a road excluding any Sidewalk. A boulevard
can also mean a median strip located between the two edges of curbs of a road.
2.1.2.
"Building" shall include anything constructed or placed on, in, over or under land
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but does not include a highway or road or a bridge forming part of a highway or
public Highway.
2.1.3.
"Building Material" shall mean material or debris which may result from the
construction, renovation or demolition of any Building 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.
2.1.4.
"Cannabis" shall refer to the meaning given to it in the Cannabis Act, as amended.
2 .1. 5.
"CAO" shall mean the Chief Administrative Officer for the Town of Three Hills or
his designate.
2.1.6.
"Council" shall mean the body of elected officials who govern the Town.
2.1.7.
"Defecate" shall mean to discharge waste matter from the bowels.
2.1.8.
"Development Authority" shall mean the Development Officer or Municipal
Planning Commission pursuant to the Land Use Bylaw, as the context may require.
2.1.9.
"Dwelling" shall me~n any building or structure used exclusively for human
habitation and which is supported on a permanent foundation or base extending
below ground level and may include multiple dwellings, apartments, lodging and
boarding houses, but does not include manufactured homes of any kind, whether
standing on wheels or supported by blocks, jacks, or any other temporary
foundation.
2.1.10. "Electronic Smoking Device" shall mean an electronic device that can be used to
deliver a vapor, emission or aerosol to the person inhaling from the device,
including but not limited to an electronic cigarette, cigar, cigarillo or pipe.
2.1.11. "Enforcement Officer" shall refer to a Bylaw Enforcement Officer appointed by the
Town pursuant to the Municipal Government Act to enforce Town Bylaws, a
member of the Royal Canadian Mounted Police or, when authorized, a Community
Enforcement appointed under the Peace Officer Act, SA 2006, c. P-3.5, as
amended.
2.1.12. "Garbage" shall mean any household or commercial rubbish including, but not
limited to, boxes, cartons, bottles, cans, containers, packaging, wrapping material,
paper, cardboard, food, discarded clothing or fabric and discarded household items.
2.1.13. "Graffiti" shall mean the defacement or disfigurement of any Property or object,
through the performance of any of the following acts:
i. the application of any substance, including paint, ink, stain or whitewash to any
surface;
11. the affixing of any form of adhesion that does not remove cleanly when pulled
away from the applied surface; or
iii. the marking, scratching, etching or other alteration or disfigurement of any
surface.
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2.1.14. "Highway" shall mean any thoroughfare, Street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge, causeway, trestleway, or other place
or any part of any of the, whether publicly or privately owned, that the public is
ordinarily entitled or permitted to use for the passage or parking of vehicles and
includes: a Sidewalk, including a Boulevard adjacent to the Sidewalk; a ditch lying
adjacent to and parallel with the Highway; and a highway right of way contained
between a fence and one (1) side of the Highway, all the land between the fences, or
all the land between the fence and the edge of the Highway, as the case may be; but
does not include a place declared by regulation not to be a highway.
2.1.15. "Indecent Act" shall mean a sexual act performed in public in the presence of one
or more persons.
2.1.16. "Land Use Bylaw" shall mean the Town of Three Hills Land Use Bylaw, as
amended.
2.1.17. "Litter" shall mean to throw, place or deposit Garbage on any private or public land
within the Town.
2.1.18. "Loiter" shall mean to stand around or move slowly about without apparent purpose
or action in a Public Place.
2.1.19. "MGA" shall refer to the Municipal Government Act, RSA 2000, C. M-26, as
amended from time to time.
2.1.20. "Motor Vehicle" shall mean:
1. a Vehicle propelled by any power other than muscular power; or
11. a moped, but does not include a bicycle, a power bicycle, an aircraft, an
implement of husbandry or a Motor Vehicle that runs only on rails.
2.1.21. "Noise" shall mean any sound that is reasonably likely to disturb the peace of
others.
2.1.22. "Noxious Weeds" shall mean those weeds as designated in the Weed Control Act,
SA 2008, C. W-5.1 and accompanying regulations, as amended.
2.1.23. "Nuisance" shall mean anything that is obnoxious, offensive, or interferes with the
use or enjoyment of property, endangers personal health or safety, or is offensive to
the senses. This could include that which creates or is liable to create a nuisance
through emission of Noise, smoke, dust, odor, heat, light, fumes, fire, or explosive
hazard; which results from the unsightly or unsafe storage of goods, salvage, junk,
waste, or other materials; poses a hazard to health and safety; or adversely affects
the amenities of the neighborhood or interferes with the rights of neighbors to the
normal enjoyment of any land or Building.
2.1.24. "Occupy" or "Occupies" shall mean residing on or to be in apparent possession or ·
control of property.
2.1.25. "Owner" or "Owners" in respect to a parcel of land shall mean:
1. a Person who is registered under the Land Titles Act as the Owner of a Parcel of
land;
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11. a Person who is recorded as the Owner of a Property on the tax assessment roll of
the Town,
111. 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;
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 ownership;
v. a Person controlling a Property or Premises under construction; or
v1. a Person who is the occupant of a Property or Premises pursuant to a rental or
lease agreement, license or permit.
2.1.26. "Panhandling" shall mean to ask for a gratuitous donation of money, food, or goods
of any kind, whether by spoken or printed word, or bodily gesture, but does not
include the solicitation of charitable donations allowed or authorized pursuant to the
Charitable Fundraising Act, RSA 2000, c. C-9, or any other legislation permitting
the solicitation of charitable donations.
2.1.27. "Person" shall mean any individual, firm, partnership, association, corporation,
company or society but unless the context otherwise requires, does not include the
Town.
2.1.28. "Pest" shall mean any insect, animal or diseases likely to be destructive, dangerous
or a nuisance to human life, plants and/or other animals and other property.
2.1.29. "Premises" or "Property" shall mean any land situated in whole or in part within the
Town, including 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.
2.1.30. "Projectile" shall mean any object projected into space ( empty or not) by the
exertion of a force.
2.1.31. "Public Place" shall mean any place within the Town to which the public may have
either express or implied access including, but not limited to, areas such as Streets,
Sidewalks, pathways, trails, and any fixture or sculpture located in such area.
2.1.32. "Residence" shall mean a place used by a person as a permanent private Dwelling,
including a structure or land adjacent to the private Dwelling that is used for the
convenience or enjoyment of the occupants of the Dwelling. This does not include
multi-unit family units.
2.1.33. "Residential District" shall mean a district defined as such in the Land Use Bylaw.
2.1.34. "Residential Use" shall mean the use of land or Buildings for the purpose of a
residential development such as a detached Dwelling, duplex, or multiplex as
defined in the Land Use Bylaw.
2.1.3 5. "Sidewalk" shall mean that part of the highway especially adapted to the use of or
ordinarily used by pedestrians and includes that part of a highway between the curb
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line or, where there is no curb line, the edge of the Highway, and the adjacent
property line whether or not it is paved or unpaved.
2.1.36. "Smoke", "Smoking", "Vape" or"Vaping" shall mean:
1. inhaling or exhaling the smoke produced by burning Tobacco or Cannabis or
vapmg; or
11. holding or otherwise having control of any device or thing containing lit Tobacco
or Cannabis or any other substance.
2.1.37. "Special Event" shall mean any public or private event, gathering, celebration,
festival, competition, contest, exposition or similar type of activity as approved by
the Town.
2.1.38. "Statutory Holiday" shall mean News Years Day, Alberta Family Day, Good
Friday, Easter Monday, Victoria Day, Canada Day, Heritage Day, Labour Day,
Thanksgiving, Remembrance Day, Christmas Day and Boxing Day.
2.1.39. "Street" shall mean any public thoroughfare for movement of vehicles and
pedestrians and where the context so requires include the whole of the place
between the boundaries of the Street as recorded in the Land Titles Office and
includes an alley, but does not include a parking lot.
2.1.40. "Tobacco" shall mean a product composed in whole or in part of tobacco, including
tobacco leaves and any extract of tobacco leaves, but does not include any product
for use in nicotine replacement therapy.
2.1.41. "Town" shall mean the Town of Three Hills.
2.1.42. "Unsightly Premises" means any Property, or part of, which is characterized by
visual evidence of a lack of general maintenance and upkeep by the excessive
accumulation of:
1. uncut grass or excessive weeds;
11. Garbage, animal material, general waste, biological waste, Building Materials,
toxic waste, wood waste, yard material, petroleum products, hazardous materials,
disassembled equipment or machinery, broken household chattels or goods,
m. 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;
1v. equipment or machinery which has been rendered inoperative by reason of
disassembly, age or mechanical condition, including household appliances; or
v. any other form of scrap, Litter, trash, or waste of any kind.
2.1.43. "Urinate" shall mean to discharge urine from the body.
2.1.44. "Vehicle" shall mean a device in, on or by which a Person or thing may be
transported or drawn on a Highway and includes a combination of Vehicles but
does not include a mobility aid.
2.1.45. "Violation Tag" shall mean a tag or similar document issued by the Town pursuant
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to the Municipal Government Act, RSA. 2000, c.M-26 as amended.
2.1.46. "Violation Ticket" shall mean a ticket issued pursuant to the Provincial Offences
Procedures Act, RSA 2000.
3.
INTEPRETATION
3.1. The headings in this Bylaw are for reference purposes only.
3.2. Nothing in this Bylaw shall be interpreted as conflicting with any Provincial or Federal
legislation.
3.3. Where any provision of this Bylaw conflicts with any Provincial or Federal legislation, the
Provincial or Federal legislation shall take precedence.
3.4. Each provision of this Bylaw is independent of all other provisions and if any provision is
declared invalid for any reason by a Court of competent jurisdiction, all other provisions of
this Bylaw remain valid and in force.
PART II:
PUBLIC BEHAVIOURS AND NUISANCES
4.
CAUSE A DISTURBANCE
4.1. No Person located in a Public Place shall disturb the peace and enjoyment of other members
of the public by:
4.1.1.
screaming, shouting, or using loud, abusive or grossly insulting language;
4.1.2.
being intoxicated by alcohol or other substances; or
4.1.3.
openly exposing or exhibiting an Indecent Act.
5.
DANGEROUS PRACTICES
5.1. No Person shall throw or propel an object that is reasonably likely to cause injury to another
Person or Damage to a Property. A Special Event held on public Property that uses a
Projectile, or Projectiles, may require a Special Event permit.
6.
DISCHARGE OF A FIREARM AND OTHER PROJECTILES
6.1. No person shall discharge, cause to be discharged or permit to be discharged a firearm
within the limits of the Town.
6.2. No Owner or Occupier of a property shall permit the discharge of a firearm on the property
that they Own or Occupy, except as provided for in this Bylaw.
6.3. Despite the provisions of Section 6 of the Bylaw, nothing in this Bylaw shall serve to
prohibit the discharge of a firearm:
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6.3.1.
by a member of the R.C.M.P. or any other police officer during the performance of
his/her duties as a police officer;
6.3.2.
by an animal service officer during the performance of his/her duties as an animal
control officer;
6.3.3.
a participant of an organized sporting event who is governed by the rules of conduct
of that sporting event or a member of a recognized organization that promotes the
instruction and safe handling of firearms.
7.
GRAFFITI
7.1. No Person or Owner shall cause or place or allow to be caused or placed Graffiti on any
Property.
7.2. Within seventy-two (72) hours of becoming aware of the Graffiti, the Property Owner shall
ensure that all reasonable steps are taken to minimize the duration and . visual impact of
Graffiti placed on their Property.
7.3. Notwithstanding the above, street painting, graphic art, street art, murals and other similar
art work on Buildings, specified areas and on Sidewalks may be allowed where sanctioned
and authorized by the Town in accordance with any applicable bylaws of the Town
including any relevant provisions of the Land Use Bylaw; or, made with the consent of the
owner of the Premises or Property, the onus of proving the owner's consent rests with the
person relying on consent.
8.
INTERFERENCE WITH PROPERTY
8.1. No Person shall damage, destroy, deface, tamper or otherwise interfere with any Property.
8.2. An Owner or Occupant of a Premises or Property shall ensure that loose Garbage or Litter is
collected and contained on the Premises or Property so that it does do not escape onto
adjacent or other neighboring properties.
8.3. An Owner or Occupant of a Premises or Property is responsible for papers and flyers on
their Premises or Property regardless of whether they solicited for the delivery of these
papers or flyers.
8.4. No person shall deposit commercial flyers on a Premises or Property where sign(s) or
notice(s) have been posted and are clearly visible at the entrance to a Dwelling unit
indicating that such material is not wanted and/or permitted within the Land Use Bylaw.
9.
LITTERING
9 .1. A Person shall not leave any Garbage, Litter or other refuse in a Public Place except in a
receptacle designated and intended for such use.
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10.
LOITERING
No Person shall Loiter in a Public Place and thereby obstruct the passage of any other
Person.
11.
NUISANCE
11.1. No Person shall cause a Nuisance.
12.
PANHANDLING
12.1. No person shall engage in Panhandling.
13.
URINATION AND DEFECATION
13.1. No Person shall Defecate or Urinate in or on a Public Place or within the sight of the public
on any Property except in a facility designed and intended for such use.
13.2. No Person located in or on any Public Place shall Defecate or Urinate into or onto any other
Property.
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PART III:
PROPERTY MAINTENANCE
14.
UNTIDY AND UNSIGHTLY PREMISESS OR PROPERTY
14.1. A Person shall not cause or permit a Nuisance to exist on land they Own or Occupy.
14.2. For the purpose of greater certainty, examples of a Nuisance may include, but are not limited
to:
14.2.1. Accumulation of material including but not limited to Building Materials,
appliances, household goods, boxes, tires, vehicle parts, Garbage or Litter, whether
of any apparent value or not;
14.2.2. Any loose Litter, Garbage, construction debris or refuse whether located in a
storage area, collection area or elsewhere on the land;
14.2.3. damaged, dismantled or derelict vehicles or Motor Vehicles, whether insured or
registered or not;
14.2.4. smelly or messy compost heaps;
14.2.5. grass or weeds higher than ten (10) centimeters;
14.2.6. presence of Noxious Weeds;
14.2.7. production of excessive dust, dirt or smoke;
14.2.8. production of any generally offensive odours;
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14.2.9. any tree, shrub, other type of vegetation or any structure:
i. that interferes or could interfere with any public work or utility;
11. that obstructs any Sidewalk adjacent to the land;
9
111. that impairs the visibility required for safe traffic flow at any intersection adjacent
to the land; or
iv. that has any rot or other deterioration; and
14.2.10. any accessible excavation, ditch, drain or standing water that could pose a danger to
the public.
14.3. No Owner shall cause, allow or permit their Premises to become or to continue to be an
Unsightly Premises.
14.4. The Owner of a Premises that carries on or, permits the carrying on of any activities referred
to in Section 14.2 shall ensure that all reasonable steps are taken to minimize the duration
and visual impact of any resulting untidiness or unsightliness of the Premises.
15.
SIDEWALK MAINTENANCE
15.1. A Person shall reasonably remove snow, ice, dirt and debris from any Sidewalk adjacent to
land they Own or Occupy within forty-eight ( 48) hours after the snow or ice has been
deposited.
15.2. Snow, ice, dirt and debris will be considered removed when the Sidewalk is cleaned for the
entire width of the Sidewalk surface as completely and as reasonably possible.
15 .3. Where an Owner is absent, the Owner must make arrangements to ensure the Sidewalks are
maintained in accordance with this Bylaw.
15.4. In the event that the Occupier fails to remove said snow, ice, dirt or debris from said
Sidewalk(s) fronting, abetting, or adjoining such Premises within the stipulated forty-eight
( 48) hours following the conclusion of an event, then the Town may:
15.4.1. provide for the clearing of such Sidewalk(s) and invoice the Occupier to recover
their actual expenses and an administrative fee as set out in the Master Rates, Fees
and Charges Bylaw, as amended; and
15.4.2. in the event of non-payment of the Town's invoice thereof by the Occupier, sixty
( 60) days after the delivery date of the original invoice, the Town may charge such
expenses and the administration fee against such Premises as a special assessment
to be recovered in a like manner as real property taxes.
16.
DEPOSITING OF ~NOW, ICE, DIRT, OR DEBRIS ON A SIDEWALK OR STREET BY
OCCUPIER OR OTHER PERSON
16.1. No Occupier of any Premises nor any other Person, shall place or allow or cause to be placed
any obstruction, including snow, ice, dirt or debris, on or across any Sidewalk or Street,
without the written consent of the Town.
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16.2. Any obstruction which was placed or caused to be placed on or across any Sidewalk or
Street by an Occupier or Person, shall be removed immediately by said Occupier or Person
upon verbal notification by the Town.
16.3. In the event that the said Occupier or Person, fails to remove the said obstruction from the
said Sidewalk or Street, immediately as instructed, then the Town may, in the event of non-
payment of the Town's invoice thereof by the said Occupier or Person, sixty (60) days after
the delivery date of the original invoice the Town may charge such expense(s) and the set
fine against such Premises as a special assessment to be recovered in a like manner as real
property taxes.
17.
DAMAGE TO SIDEWALK OR STREET
17 .1. No Occupier of any Premises or any other Person shall cause damage to a Sidewalk or Street
in the Town by:
17 .1.1. striking, picking, cutting with any shovel, pick, crowbar, other metal instruments or
motorized equipment, whether such person is engaged in removing snow or ice
from such Sidewalk or Street; or
17 .1.2. applying fertilizer, or other damaging chemicals, whether such person is engaged in
removing snow or ice from such Sidewalk; or
17 .1.3. allowing gasoline, diesel fuel or other similar substances to leak or drain onto said
Sidewalk or Street.
17.2. Notwithstanding Section 17.1 of this Bylaw, using salt to de-ice Sidewalks or Streets does
not constitute damage to said Sidewalk or Street.
17.3. In the event that an Occupier or Person causes injury or damage to a Sidewalk or Street, then
the Town may:
17 .3 .1. provide for the repair of said Sidewalk or Street and invoice the Occupier or Person
to recover their actual expenses and an administrative fee as set out in the Master
Rates, Fees and Charges Bylaw, as amended; and
17 .3 .2. in the event of non-payment of the Town's invoice thereof by the said Occupier or
Person, sixty (60) days after the delivery date of the original invoice the Town may
charge such expense(s) and the set fine against such Premises as a special
assessment to be recovered in a like manner as real property taxes.
18.
ELECTRICAL CORDS
18.1. No Occupier or any other Person shall place or leave an electrical cord on or across any part
of a Sidewalk or Street without permission from the Town.
18.2. Any electrical cord which was placed or caused to be placed on or across a Sidewalk or
Street by an Occupier or Person, shall be removed immediately by said Occupier or Person
upon verbal notification by the Town.
18.3. In the event that an Occupier or Person fails to remove the electrical cord from the Sidewalk
or Street, the Town may provide for the removal of said electrical cord and invoice the said
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Occupier or Person to recover their actual expenses and a fine as set out in the Master Rates,
Fees and Charges Bylaw, as amended.
18.4. In the event of non-payment of the Town's invoice thereof by the said Occupier or Person,
sixty (60) days after the delivery date of the original invoice the Town may charge such
expense( s) and the set fine against such Premises as a special assessment to be recovered in a
like manner as real property taxes.
19.
BOULEVARDS
19.1. A Person shall maintain any Boulevard adjacent to land they Own or Occupy by:
19 .1.1. keeping any grass on the Boulevard cut to a length of no more than ten (10)
centimeters, unless otherwise requested;
19 .1.2. removing any accumulation of fallen leaves or other debris; and
19.1.3. notifying the Town if tree maintenance is required.
19.2. In the event that an Occupier or Person causes leaves in the Boulevard unattended, the Town
may provide for work to be completed on the Boulevard and invoice the said Occupier or
Person to recover their actual expenses and a fine as set out in the Master Rates, Fees and
Charges Bylaw, as amended.
19.3. In the event of non-payment of the Town's invoice thereof by the said Occupier or Person,
sixty (60) days after the delivery date of the original invoice the Town may charge such
expense( s) and the set fine against such Premises as a special assessment to be recovered in a
like manner as real property taxes.
20.
GRASS, TREES AND WEEDS & PESTS
20.1. An Owner is required to control all Yard Material on their Property and on any Boulevard
which abuts or adjoins the Property, including up to the center of lanes or alleys at the rear
or side of the Property.
20.2. An Owner is required to maintain or remove any and all trees on their Property that, due to
deterioration of condition or for any other reason, are a public safety hazard.
20.3. Any vegetation overhanging a Boulevard, Highway or alley must be more than four (4)
metres above public Sidewalk, Boulevard, Highway or alley. Any vegetation overhanging a
public Sidewalk, must be more than three (3) meters above a public Sidewalk.
20.4. An Owner or Occupant of a Premises shall:
20.4.1. cut, mow, or carry out measures designed to inhibit propagation of nuisance or
Noxious Weeds or Pests on the Premises or Property that is infested with weeds or
Pests;
·
20.4.2. cut, mow or carry out measures designed to inhibit propagation of uncontrolled
grass or other vegetation on the Premises from May 1st through to October 31 st to
ensure it does not exceed ten (10) centimeters in height;
20.4.3. prune any and all trees or shrubs that interfere with any public utility or public
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PART IV:
works, traffic control devices or curb sight lines, that are/or could be a public safety
hazard, including lines, poles, conduits, pipes, sewer or other works of the Town or
utility company on their Premises or Property;
20.4.4. destroy the restricted weed or Pest if specified by an Enforcement Officer or Weed
Inspector pursuant to the Weed Control Act, SA 2008, C. W-5.1, as amended; or,
20.4.5. carry out other measures as prescribed by an Enforcement Officer or Weed
Inspector pursuant to the Weed Control Act, SA 2008, C. W-5 .1, as amended.
NOISE CONTROL
21.
PROHIBITED NOISE
21.1. A Person shall not cause or permit any Noise that disturbs the peace of another individual.
21.2. A Person shall not cause or permit Property they Own or Occupy to be used so that Noise
from the Property disturbs the peace of any other individual.
21.3. Except to the extent permitted by the Bylaw, no person shall:
21.3.1. cause excessive Noise within the Town;
21.3 .2. operate or permit any other Person to operate within the Town a Motor Vehicle that
causes excessive Noise;
21.3 .3. allow a domestic animal, which by reason of barking, howling, crying, screeching
or other similar Noise, to disturb a person in the vicinity of his home.
22.
CRITERIA
22.1. In determining if a sound is reasonably likely to disturb the peace of others, the following
criteria may be considered:
22.1.1. type, volume, and duration of the sound;
22.1.2. time of day and day of week;
22.1.3. nature and use of the surrounding area; and
22.1 .4. any other relevant factor.
23.
INDUSTRIAL NOISE
23.1. Nothing in this Bylaw shall prevent the continual operation or carrying on of an industrial
activity where the activity is one which is a permitted use or, an approved discretionary use
under the Land Use Bylaw.
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24.
CONSTRUCTION NOISE
24.1. Unless permission from the Development Authority of the Town for such operation is first
obtained, no person shall carry on construction of any kind that can be heard beyond ,the
boundary of the construction site between the hours of 11 :00 pm and 7:00 am, seven (7)
days a week.
24.2. Nothing in this Bylaw shall apply to work carried on by the Town, or by a contractor
carrying out the instructions of the Town.
24.3. Nothing in this Bylaw shall prevent contractors carrying out snow removal from commercial
or industrial sites which are not adjacent to Residential Districts.
25.
GARBAGE COLLECTION
25 .1. A Person shall not collect, cause or permit the collection of Garbage with a Motor Vehicle
on or adjacent to any Property zoned for Residential Use before 7:00 am or after 11 :00 pm
daily.
26.
ENGINE RETARDER BRAKES
26.1. A Person shall not use engine retarder brakes to slow or stop a Motor Vehicle at any time
within the town limits of Three Hills.
27.
MOTOR VEHICLES
27 .1. If a Motor Vehicle is the cause of any sound that contravenes a provision of this Bylaw the
Owner of that Motor Vehicle is liable for the contravention.
27.2. No person may conduct any repair work on a Motor Vehicle, including mechanical repairs,
auto body work, frame repair, collision repair, auto painting or modifications to the body or
rebuilding of a Motor Vehicle, on any Premises in a Residential District unless:
27.2.1. the activity does not create a Nuisance or Noise complaints from the neighborhood;
27.2.2. there is no escape of offensive, annoying, or noxious odors, fumes or smoke from
the Premises;
27 .2.3 . . vehicle fluids, oil, gasoline products or other hazardous material are properly
disposed of and not swept or washed onto a highway or down storm or sanitary
sewers;
27.2.4. all discarded automobile parts and materials are properly stored and disposed of
from the Premises; and
27.2.5. the activity is routine maintenance work done on any Motor Vehicle, provided that
all building and fire code regulations are met.
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Bylaw No. 1453-20- Community Standards Bylaw
14
28.
SOUND AMPLIFYING EQUIPMENT
28.1. No person shall operate sound amplifying equipment from any Public Space so as to unduly
disturb residents of the Town without permission from the Town.
29.
NOISE EXEMPTIONS AND ALLOWANCES
29.1. A person may make a written application to the CAO for a special permit allowing for Noise
or sound levels that would otherwise violate this Bylaw.
PARTY:
CANNABIS, SMOKING & V APING REGULATIONS
30.
GENERAL PROVISIONS
30.1. A person who Owns or Occupies a place where smoking is prohibited by this part shall not
permit any individual to Smoke, Vape or use an Electronic Smoking Device in that place.
30.2. Nothing in this part prohibits a person from Smoking in an area of a Building designed,
intended and used exclusively as a private Residence.
30.3. Subject to the provisions of this Section, a person who Owns or Occupies a place where
Smoking is otherwise prohibited by this part may permit smoking in that place when
Smoking is permitted pursuant to provincial or federal legislation or powers exercised
pursuant to such legislation.
30.4. If Smoking is permitted pursuant to this Section, the person who Owns or Occupies the
Premises shall ensure that:
30.4.1. Smoke does not enter any place where Smoking is prohibited;
30.4.2. signage is clearly and prominently at each entrance to a place where Smoking is
permitted indicating that smoking is permitted inside and;
30.4.3. no person under the age of 18 years of age is allowed to enter or remain in a place
where smoking is permitted.
30.5. Persons under the age of 18 years shall not Smoke.
31.
CANNIBIS SMOKING RESTRICTIONS
31.1. Except as permitted in this part, no person shall use or consume Cannabis in a Public Place
or any other place other than a Residence, temporary residence, licensed Premises, or a place
prescribed in the regulations where Cannabis may be used or consumed.
31.2. Notwithstanding subsection 31.1, a person may Smoke in an area designated as a smoking
area for Cannabis under the provisions of this Bylaw.
31.3. No person may Smoke or Vape Cannabis in a Public Place.