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TOWN OF Viking CommLrnity Standards Bylaw 2A22-717
TOWN OF VIKING
BYLAW 2022-717
COMMUNITY STANDARDS BYLAW
TOWN OF VIKING
PROVINCE OF ALBERTA
WHEREAS, pursuant to Part 7 of the Municipal Government Act, a Council may pass bylaws
for municipal purposes respecting the following matters:
(a) the safety, health and welfare of people and the protection of people and property;
(b) nuisances, including unsightly property;
(c) the enforcement of bylaws made under the Municipal Government Act or any other
enactment including any or all of the following:
(i) the creation of offences;
(ii) for each offence, imposing a fine not exceeding 92,500;
(iii)providing that a person who contravenes a bylaw may pay an amount established
by bylaw and if the amount is paid, the person will not be prosecuted for the
contravention;
(iv)providing for inspections to determine if bylaws are being complied with; and
(v) remedying contraventions of bylaws, and
AND WHEREAS, pursuant to Part 66(2) of the Safefy Codes Acf a Council may make bylaws
respecting the following matters:
(a) Minimum maintenance standards for buildings and structures; and
(b) Unsightly or derelict buildings or structures; and
NOW THEREFORE the Municipal Council of the TOWN of VlKlNG, duly assembled enacts as follows:
TABLE OF CONTENTS
PART I- PURPOSE, DEFINITIONS AND INTERPRETATION
Purpose
Definitions.
Rules of lnterpretation .........
PART 2 - PROPERTY MAINTENANCE
Definitions.
Highway Occupancy
Land.........
Sidewalks
lcicles
Boulevards
Roadways.
Buildings
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Unoccupied Buildings........
Waste Bins..........
Refrigerators and Freezers
Waste Disposal....
PART3_NOISECONTROL
Definitions.
Prohibited Noise
Criteria
Construction Activity
Restricted Hours of Construction Notice
Engine Retarder Brakes
Motor Vehicles....
Exceptions
PART 4_ OUTDOOR FIRES
Definitions.
Prohibited Fires ...............
Exceptions
Fire Pit Requirements......
Fireplace Standards ........
Fire Ban
Nuisance Fire ..................
Nuisance Fire Order ........
Owner Liability
PART 5 _ WEED, PEST AND VERMIN CONTROL
Definitions.
Highway Occupancy
Weeds
Pests and Vermin on Private Property....
TreePruning. ....
lnfected Tree Transportation, Storage, Use and Sale
PART 6 - SMOKE.FREE PUBLIC PLACES
Smoking Prohibited
PART 7 - ENFORGEMENT
Offence.....
Continuing Offence.....
Vicarious Liability
Corporations and Partnerships...............
Fines & Penalties...
Municipal Tag ...........
Order to Comply
Compliance to a MunicipalTag or Order
Non-Compliance to an Order
Obstruction
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PART 8 - GENERAL
Powers of the Chief Administrative Officer
Permits
Proof of Permit........
Certified Copy of Record
Severability
Repeals
Effective Date....
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PART 1 - PURPOSE, DEFINITIONS AND INTERPRETATION
1)
PURPOSE
The purpose of this bylaw is to regulate the conduct and activities of people on privately owned property
and immediately adjacent areas to promote the safe, enjoyable and reasonable use of such property for
the benefit of all citizens of the town.
2) DEFTNTTTONS
ln this By-Law, unless the context otherwise requires:
a) "Boulevard" means that part of a highway that:
i) ls not a roadway; and
ii) ls that part of the sidewalk that is not especially adapted to the use of or ordinarily used by
pedestrians;
b) "Building" means a fully or substantially enclosed structure constructed such that it may
accommodate human occupation. A gazebo shall be considered a building for the purposes of this
Bylaw;
c) "Council" means the duly elected Council of the Town of Viking;
d) "Electronic Smoking Device" means an electronic device used to deliver nicotine, marijuana or
other substances to the person inhaling from the device and includes, but is not limited to, an
electronic cigarette, vaporizer cigarette, personalvaporizer, cigar, cigarillo, or pipe.
e) "Enforcement Officer" means any peace officer including a bylaw enforcement officer of the TOWN
of VlKlNG, or any other person appointed by Council to enforce the provisions of this bylaw, and
includes a member of the Royal Canadian Mounted Police;
0 "Highway" means the same meaning as in the Traffic Safety Act;
g) "Minor" means an individual who has yet to reach the age of majority, as described by the Age of
Majority Act RSA 2000 cAG (and any amending or succeeding legislation);
h) "Motor Vehicle" has the same meaning as in the Traffic Safety Act;
i) "Occupy" or "Occupies" means residing on or to be in apparent possession or control of property;
j) "Off-Highway Vehicle" means an Off-Highway Vehicle as defined inthe Traffic Safety Act;
k) "Order" means an Order as described in Part 545 or 546 of the Municipal Government Act, as
applicable;
l) "Outdoor Public Event" means an outdoor area or structure, including a balcony or patio that
adjoins or is adjacent to a restaurant or lounge and is regularly used for the consumption of food and
beverages by patrons of the adjoining restaurant or lounge;
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m) "Own" or "Owns" means:
i) ln the case of land, to be registered under the Land Titles Act as the owner of the fee simply
estate in a parcel of land; or
ii) ln the case of personal property, to be in lawful possession or have the right to exercise control
over it or to be the registered owner of it;
n) "Person" means any individual, firm, partnership, association, corporation, trustee, executor,
administrator or other legal representative;
o) "Playground" means any kind of structure or collection of structures which are designed and
intended for recreational uses such as climbing, swimming, hanging, crawling, jumping, stepper
whether over, across, under, through and includes the distinct material in which the structure or
apparatus is mounted;
p) "Property" means a parcel of land including any buildings;
q) "Sidewalk" means 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 line or, where there is no curb line,
the edge of the roadway, either developed or undeveloped, and the adjacent property line whether
or not it is paved or unpaved;
r) "Smoking" means holding or othenruise controlling or using an ignited cigarette, cigar or pipe
containing tobacco, marijuana or other product, or an electronic smoking device;
s) "Sports Fields" means an area designed and intended for use in a specific sporting event and
includes, but is not limited to, a soccer pitch, footballfield, baseball diamonds, tennis court and similar
areas, but does not include golf courses;
t) "Town" means the Town of Viking;
u) "Town-Owned Property" means any property owned or leased by the TOWN of VIKING and
includes all highways and boulevards;
v) "Violation ticket" has the same meaning as in the Provincial Offences Procedure Act;
3) RULES FOR TNTERPRETATTON
a) The table of contents, marginal notes and headings in this bylaw are for references purposes only;
b) Words used in the present tense include the other tenses and derivative forms. Words used in
the singular include the plural and vice versa;
c) Words have the same meaning whether they are capitalized or not;
d) Words in one gender include all genders;
e) The words sha// and musf require mandatory compliance.
PART 2 - PROPERTY MAINTENANGE
4l DEFTN|TIONS
ln this Part, unless the context othenruise requires:
a) "Building" includes a structure and any part of a building or structure placed in, on or over land,
whether or not it is so affixed to become transferrable without special mention by the transfer or sale
of land.
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5) HTGHWAY OCCUPANCY
For the purposes of this Part, a person who owns or occupies land shall be considered to occupy that
portion of any highway between the property line and the centre line of the highway.
6) LANp
a) A person shall not cause or permit a nuisance to exist on land they own or occupy.
b) For the purpose of greater certainty, a nuisance, in respect of land, means land, or any portion
thereof, that shows signs of a serious disregard for the general maintenance and upkeep, whether
or not it is detrimental to the surrounding area, some examples of which include:
i) Excessive accumulation of material including but not limited to building materials, appliances,
household goods, boxes, tires, vehicle parts, garbage or refuse, whether of any apparent value
or not;
ii) Any loose litter, garbage or refuse whether located in a storage area, collection area or elsewhere
on the land,
iii) Any loose building or construction materials, any accumulation of construction-related garbage
or refuse, or any untidy work or storage areas on the land;
iv) Damaged, dismantled or derelict vehicles or motor vehicles, whether insured or registered or not;
v) Two (2) or more unregistered vehicles;
vi) Smelly or messy compost heaps;
vii) Unkempt grass or weeds higher than ten (10) centimetres;
viii) Production of excessive dust, dirt or smoke;
ix) Production of any generally offensive odours;
x) Any tree, shrub, or other type of vegetation or any structure:
(1) That interferes or could interfere with any public work or utility;
(2) That obstructs any sidewalk adjacent to the land; or
(3) That impaired the visibility required for safe traffic flow at any intersection adjacent to the
land;
xi) Any structure that is placed on TOWN-owned property without prior written consent of
Council.
xii) Any accessible excavation, ditch, drain or standing water that could pose a danger to the
public; and
xiii)Any construction project or activity not completed within five years of the date the building
permit for the project or activity was issued by the TOWN, or within five (5) years of starting
construction.
7l
slpEwALKs
a) A person shall maintain any sidewalk adjacent to the land they own or occupy clear of all
snow, ice and vegetation.
8)
rcrGLES
a) A person shall maintain any roof or awning that extends over a highway or a sidewalk from a
building they own or occupy free of snow and ice.
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TOWN OF Viking Community Standards Bylaw 2022-717
BOULEVARDS
a) A person shall maintain any boulevard adjacent to land they own or occupy by:
i) Keeping any grass on the boulevard cut to a reasonable length; and
ii) Removing any accumulation of fallen leaves or other debris.
10) ROApWAYS
a) A person shall not place any debris on a roadway including, but not limited to:
i) Excessive grass clippings;
ii) Yard debris;
iii) Branches;
iv) Snow.
111 BUTLDtNGS
a) A person shall not cause or permit a nuisance to exist in respect of any building on land they
own or occupy.
b) For the purpose of greater certainty, a nuisance, in respect of a building, means a building,
or any portion thereof, showing signs of a serious disregard for general maintenance and
upkeep, whether or not it is detrimental to the surrounding area, some examples of which
include:
i) Any damage to the building;
ii) Any graffiti displayed on the building that is visible from any surrounding property;
iii) Any rot or other deterioration within the building; and
iv) Any inappropriate infiltration of air, moisture or water into the building due to peeling,
unpainted or untreated surfaces, missing shingles or other roofing materials, broken or
missing windows or doors, or any other hole or opening in the building.
121 UNOCCUPTEDBUTLDTNGS
a) lf a building normally intended for human habitation is unoccupied then any door or window
opening in the building may be covered with a solid piece of wood but only if the wood is:
i) lnstalled from the exterior and fitted within the frame of the opening in a watertight
manner;
ii) Of a thickness sufficient to prevent unauthorized entry into the building;
iii) Secured in a manner sufficient to prevent unauthorized entry into the building;
iv) Painted with an opaque paint and/or stain in a manner that is not detrimental to the
surrounding area.
b) lf a building normally intended for human habitation is unoccupied then every walk and
driveway on the property shall be maintained clear of all snow and ice by the person who
owns the property.
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13) WASTE B|NS
a) A person shall not place, cause or permit to be placed any waste bins on land they own or
occupy unless the waste bin is:
i) Equipped with a lid or cover capable of completely covering the waste bin; and
ii) Kept closed or covered at all times except for actual loading or unloading of waste.
b) A person shall not place, cause or permit to be placed any roll off waste bin on land they
own or occupy unless the roll off waste bin is:
i) Kept closed or covered at all times except for actual loading or unloading of waste; and
ii) Contains only material that will not emit odours and will not be blown out of the bin.
141
REFRIGERATORS AND FREEZERS
a) A person shall not place, cause or permit to be placed an inoperable refrigerator, freezer or
other similar appliances on land they own or occupy unless effective measures have been
taken to prevent the opening and closing of the appliance.
b) A person shall ensure that any inoperable appliances are stored within a lockable structure
until disposed of;
c) Without limiting the generality of subsection (a) measures considered to be effective may
include:
i) The complete removal of the door of the appliance;
ii) The removal of the door handle mechanism if this prevents opening and closing of the
door;
iii) The removal of the door hinges;
iv) Locking the appliances; or
v) Othenrvise wrapping or containing the appliance so that the interior is inaccessible.
15) WASTE pTSPOSAL
a) A person shall not place, cause or permit to be placed any litter, garbage, refuse or other
waste material upon the privately owned property of another person or of TOWN-owned
property.
PART3-NOISECONTROL
16)
DEFTNTTTONS
ln this Part, unless the context otherwise requires
a) "Holiday" means January 1't, Alberta Family Day, Good Friday, Easter Monday, Victoria Day,
July 1't, the first Monday of August, Labour Day, Thanksgiving Day, November 1 1th, December
25th and December 26th of every year;
b) "Emergency Repairs" means the least amount of immediate repair to damaged facilities
necessary for the Municipal facilities to support the mission, including but not limited to the
municipal water system, waste water system, storm water system, or gas system.
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c) "Motorcycle" has the same meaning inthe Traffic Safety Act, as amended;
d) "Noise" is any sound that is reasonably likely to disturb the peace of others.
171 PROHTBTTED NO|SE
a) A person shall not cause or permit any noise that disturbs the peace of another individual.
b) For the purpose of greater certainty some examples of Noise include.
i) Causing a Noise within the town;
ii) Operating a Motor Vehicle that causes a Noise within the town;
iii) Operating an Off-Highway Vehicle that causes Noise within the town;
iv) Causing a non-essential noise between:
(1) 22OO hours of one day and 0700 hours of the next day; and
(2) 2200 hours of one day and 1200 hours of the next day if the next day is a Holiday.
c) A person shall not cause or permit property they own to occupy or be used so that the noise
from the property disturbs the peace of any other individual.
d) A person may be found guilty of a contravention of this Part whether or not the decibel level:
i) ls measured; or
ii) lf measured, exceeds any limit prescribed by this bylaw.
18) CRTTERTA
a) ln determining if a sound is reasonably likely to disturb the peace of others, the following criteria
may be followed:
i) Type, volume, and duration of the sound;
ii) Time of day and day of week;
iii) Nature and use of the surrounding area;
iv) Decibel level, if measured; and
v) Any other relevant factor.
1e)
CONSTRUCTION ACTIVITY
a) A person shall not cause or permit any construction activity on property they own or occupy:
i) Before 0700 hours or after 2100 hours on any day other than Sunday or a Holiday;
ii) Before 0900 hours or after 1900 hours on any Sunday or Holiday; or
iii) At any time contrary to a written notice issued by the TOWN pursuant to Section 19.
2Ol RESTRTCTED HOURS OF CONSTRUCTTON NOTTCE
a) Subject to subsection b), the Chief Administrative Officer of the TOWN of VlKlNG, ffi?y, by written
notice, direct that a person may not cause or permit any construction activity on property they
own or occupy during the time specified in the written notice.
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b) Prior to issuing a written notice pursuant to subsection a), the Chief Administrative Officer must
consider:
i) The proximity of the construction activity to adjacent properties;
ii) The nature of the construction activity occurring on the property;
iii) The nature and use of adjacent properties;
iv) The number and nature of previous complaints regarding the construction activity occurring
on the property received by the Chief Administrative Officer;
v) The intended schedule for completion of the construction activity occurring on the property,
including the potential impact of restricted hours on the completion of the construction activity;
and
vi) Any other factor reasonably related to the construction activity occurring on the property.
c) A written notice issued by the Chief Administrative Officer pursuant to this section may:
i) Prohibit any construction activity on a property during specified times; or
ii) Prohibit certain types of construction activity on a property during specified times.
211 ENGINE RETARDER BRAKES
a) A person shall not use engine retarder brakes to slow or stop a motor vehicle at any time.
221
MOTOR VEHICLES
a) lf 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.
231 EXGEPTTONS
a) Nothing in this Part prohibits:
i) The TOWN, its agents or employees, from:
(1) Managing the accumulation of snow and ice on TOWN-owned property; or
(2) Undertaking emergency repairs to TOWN-owned infrastructure.
ii) Situations where the Chief Administrative Officer has issued a permit allowing the
production of certain sounds on whatever conditions the Chief Administrative Officer
deems appropriate.
PART4-OUTDOORFIRES
241 pEFTNTTTONS
ln this Part, unless the context othenruise requires:
a) "Fire" includes any combustion whether or not flame is present or visible;
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b) "Fire Ban" means a period of time designated by the Chief Administrative Officer or the Fire
Chief when, due to extremely dry or other unsafe environmental conditions, outdoor fires are
prohibited;
c) "Fire Pit" means a structure used for recreationalfires that complies with Section 25; and
d) "Fireplace" means a structure used for recreational fires that complies with Section 26.
251
PROHIBITED FIRES
a) A person shall not cause or permit an outdoor fire on land they own or occupy
261
EXCEPTIONS
a) This section does not apply to:
i) Cooking food using an appliance designed and intended for that purpose and fueled only by:
(1) Liquid petroleum gas;
(2) Naturalgas;
(3) Dry, preservative free wood or wood products; or
(4) Charcoal.
ii) Recreational fires fueled only by dry, preservative free wood or wood products and fully
contained with a fire pit or fireplace; or
iii) An outdoor fire for which a permit has been issued by the Chief Administrative Officer.
271
FIRE PIT REQUIREMENTS
a) A minimum of three (3) metre clearance, measured from the nearest fire pit edge is maintained
from buildings, property lines, or other combustible material;
b) The fire pit must be enclosed on all sides and constructed entirely from brick, concrete block,
heavy gauge metal, or other non-combustible material;
c) The fire pit height does not exceed .6 metre when measured from the surrounding grade to
the top of the pit opening;
d) The fire pit opening does not exceed one (1) metre in width or in diameterwhen measured
between the widest points or outside edges;
e) The fire pit installation has enclosed sides made from bricks, concrete blocks, heavy gauge
metal, or other non-combustible materials acceptable to the Fire Chief;
f) A spark arrester mesh screen with openings no larger than one and one-quarter (1.25) cm
and constructed of expanded metal (or equivalent non-combustible material) is used to cover
the fire pit opening in a manner sufficient to contain and reduce the hazards of airborne sparks,
g) The fire pit must not be located over any underground utilities or under any aboveground
wires, and
h) ls otheruvise acceptable to the Fire Chief.
i) No burning fire pit shall be left unattended at any time.
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281
FIREPLACE STANDARDS
a) Have a minimum of one (1) metre clearance, measured from the nearest fire pit edge is
maintained from buildings, property lines, or other combustible material;
b) Be constructed entirely from brick, concrete block, heavy gauge metal, or other non-
combustible material;
c) Have a base burning area that is at least thirty (30) centimetres above the surrounding surface
grade;
d) Have a fire burning area that is no more than one and one-quarter (1.25) metres wide and
between forty (40) centimetres and sixty (60) centimetres deep;
e) Have a chimney that:
i) Extends at least two and one-half (2.5) metres above the base fire burning area; and
ii) ls covered with a non-combustible mesh screen with openings of no greater than one and
one-quarter (1 .25) centimetres across.
f) The fireplace must not be located over any underground utilities or under any aboveground
wires, and
g) ls othenruise acceptable to the Fire Chief.
h) No burning fireplace shall be left unattended at any time.
2sl
FIRE BAN
a) Notwithstanding anything in this Part, a person shall not cause or permit an outdoor fire on land
they own or occupy while a fire ban is in effect.
30)
NUISANCE FIRE
a) Notwithstanding anything in this Part, a person shall not cause or permit an outdoor fire on land
they own or occupy that is reasonably likely to disturb the peace of any other individual.
b) ln determining if an outdoor fire is reasonably likely to disturb the peace of any other individual,
the following criteria may be considered:
i) Demonstrated impact of the outdoor fire on health or well-being of others;
ii) Proximity of the outdoor fire to adjacent or affected properties;
iii) Duration of the outdoor fire;
iv) Date and time of the outdoor fire;
v) Nature and intended use of the surrounding area; and
vi) Weather and other ambient conditions.
31)
NUISANCE FIRE ORDER
a) lf a person contravenes section 29a), the Chief Administrative Officer may, by written notice,
restrict that person from causing or permitting outdoor fires on land they own or occupy in the
manner directed by the Chief Administrative Officer.
b) A written notice may direct the person to:
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i) Limit the duration or frequency of outdoor fires on land they own or occupy;
ii) Only cause or permit outdoor fires on land they own or occupy at certain times;
iii) Modify or replace a fire pit or fire place; or
iv) Undertake any other action reasonably required to ensure outdoor fires are not reasonably
likely to disturb the peace of others.
c) A person shall not contravene a written notice issued pursuant to subsection a).
d) A person who receives a written notice pursuant to subsection a) may appealthe notice by filing
a notice of appeal within fourteen (14) days of the date of the notice pursuant.
321
OWNER LIABILITY
a) Where a person who owns land contravenes or fails to comply with any provision of this Part, the
person is liable forthe expenses and costs related to the TOWN in extinguishing any related fires
on land.
PART 5 - WEED. PEST AND VERMIN CONTROL
33) pEFtN|T|ONS
ln this Part, unless the context othenruise requires.
a) "lnspector" means an individual appointed as an inspector pursuant to the Weed Control Act
or Agricultural Pests Act.
b) "Noxious Weeds" means the same meaning asin Weed Control Act and any related
regulations as amended.
c) "Pest" means any living organism which is invasive or prolific, detrimental, troublesome,
noxious, destructive, and is a nuisance to either plants or animals, human or human
concerns, livestock, human structures, wild ecosystems.
d) "Vermin" means a noxious, objectionable, or disgusting animalthat appear commonly and are
difficult to control and that disturb the peace of others including, but not limited to:
i) lnsects - fleas, lice, wasps, etc.
ii) Rodents - mice, rats, gophers, etc.
iii) Animals - skunks, feral cats, etc.
34) HTGHWAY OCCUPANCY
a) For the purposes of the Weed Control Act andlhe Agricultural Pests Act, a person who owns
or occupies land shall be considered to occupy that portion of any highway between the
property line and the centre line of the highway.
35) WEEDS
a) A person shall not cause, permit or allow any land they own or occupy to become overgrown
with dandelions or noxious weeds and plants.
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b) A person shall not cause, permit or allow trees and shrubs on land they own or occupy to
interfere in any way with property owned by another person.
c) A person shall not cause, permit or allow trees and shrubs on land they own or occupy to
interfere in any way with TOWN-owned property including sidewalks and roadways.
36)
PESTS AND VERMIN ON PRIVATE PROPERTY
a) A person is responsible for controlling pests and vermin on land they own or occupy.
b) A person shall not provide conditions which may encourage infestation by pests or vermin.
c) For the purpose of greater certainty some examples of these conditions include:
i) Placing food out to feed pests or vermin;
ii) Ensuring that all structures are secured in such a way that pests or vermin could not
seek shelter within, under, or around buildings and structures;
iii) Ensuring that garbage or debris is appropriately disposed of or stored so that it does not
provide food or shelter to pests or vermin;
iv) Any other action that would cause a condition to exist that would be reasonably likely to
provide food or shelter to pests or vermin.
371
TREE PRUNING
a) Unless othenrvise ordered by an lnspector, and subject to subsection b), a person who owns or
occupies land shall keep every tree pruned so that the tree is free of wood that is dead or
dying.
b) Unless otherwise ordered or permitted by an lnspector, a person shall not prune, cause or
permit the pruning of any tree that contains any level of Black Knot infection or Dutch Elm
Disease after March 31't and before October lstin any year.
c) Unless otherwise ordered or permitted by the Chief Administrative Officer, a person shall not:
i) Remove, damage or plant any tree on a boulevard; or
ii) Prune, cut, repair or perform any other work on any tree on a boulevard.
38) |NFECTEp TREE TRANSPORTATTON. STORAGE. USE AND SALE
a) A person shall not bring, cause or permit to be brought into the Town any tree suffering from
any infectious disease such as, but not limited to:
i) Black Knot infection;
ii) Dutch Elm Disease,
iii) Native Elm Bark Beetle; or
iv) European Elm Bark Beetle.
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PART 6 -
E PUBLIC PLACES
3e)
SMOKING PROHIBITED
a) Unless an exception applies under this Bylaw, no person may engage in smoking activity:
i) On the grounds of an Outdoor Public Event, except in an area reserved for motor vehicle
parking, or an area specifically reserved for smoking by the Proprietor of the Outdoor Public
Event;
ii) ln any area or place where that person is prohibited from smoking under the Tobacco and
Smoking Reduction Act of any other Act, including but not limited to:
(1) Hospital property;
(2) School property;
(3) Child Care facility property.
b) Unless an exception is applied under this Bylaw, no person may engage in smoking activity
within ten (10) metres of a:
i) Doorway, window or air intake of a building owned and/or operated by the TOWN of
VIKING;
ii) Recreation facility including:
(1) Outdoor pool;
(2) Arena and/or riding arena;
(3) Tennis courts;
(4) Playgrounds;
(5) Sports Fields;
iii) Other areas where Minors may gather, including the grounds of an Outdoor Public Event
being held for Minors.
PART 7 - ENFORCEMENT
OFFENCE
a) A person who contravenes this bylaw is guilty of an offence.
411 CONTINUTNG OFFENCE
a) ln the case of an offence that is of a continuing nature, a contravention constitutes a separate
offence in respect of each day, or part of a day, on which it continues and a person guilty of an
offence is liable to a fine in an amount not less than established by this bylaw for each such
day.
40)
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421 V|CAR|OUS LTABTLTTY
a) For the purposes of this bylaw, an act or omission by an employee or agent of a Person is
deemed also to be an act or omission of the person if the act or omission occurred in the
course of the employee's employment with the person, or in the course of the agent's
exercising the powers or performing the duties on behalf of the person under their agency
relationship.
43) CORPORATTONS ANp PARTNERSH|pS
a) When a corporation commits an offence under this bylaw, every principal, director, manager,
employee or agent of the corporation who authorized the act or omission that constitutes the
offence or assented to or acquiesced or participated in the act or omission that constitutes the
offence is guilty of the offence whether or not the corporation has been prosecuted for the
offence.
b) lf a partner in a partnership is guilty of an offence under this bylaw, each partner in that
partnership who authorized the act or omission that constitutes the offence or assented to or
acquiesced or participated in the act or omission that constitutes the offence is guilty of the
offence.
441
FINES AND PENALTIES
a) A person who is guilty of an offence is liable to a fine in an amount not less than established in
this section, and not exceeding $2,500.00, to be imposed in the discretion of the court having
jurisdiction, having regard to section 7(i) of the Municipal Government Act.
b) Without restricting the generality of subsection a) the following fine amounts for use on
municipal orders if a voluntary payment option is offered and the person is non-compliant with
the order shall be:
i) $250.00 for any offence for which a fine is not otherwise established in this section;
ii) $100.00 for any offence under sections 7, 8 and 9;
iii) $500.00 for any offence under section 17;
iv) All fines will be doubled for subsequence offences.
45) MUNIC|PAL TAG
a) An Enforcement Officer may, for the purposes of ensuring that this bylaw is complied with,
enter in or upon the property in accordance with section 542 of lhe Municipal Government
Act to carry out an inspection, enforcement or other action required or authorized by this
bylaw.
b) lf an Enforcement Officer determines:
i) , that a nuisance exists;
ii) that the inspected property has become unsightly or untidy; or
iii) that a danger to public safety exists
the Enforcement Officer may issue a Municipal Tag directing the owner or occupant of the
property upon which an offence exists to remedy the offence as follows:
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v) lssue a verbal or written warning to remedy the problem;
vi) lssue a violation tag specifying a voluntary penalty to be paid;
vii) lssue a violation ticket directing that the owner or occupant appear before a Provincial
Court Judge;
viii) lssue an Order under section 545 or 546 of the MGA to remedy the nuisance or
unsightly condition;
ix) Any combination of the above.
46) ORDER TO COMPLY
a) Each Order to Comply (Order) shall include:
i) Description of the premises by name, if any, and the municipal address or legal land
description;
ii) The contravention pursuant to the provisions of this bylaw;
iii) Reasonable particulars of the extent of the remedy, clean up, removal, clearing or other
actions required to be made;
iv) The time within which the required actions are to be completed;
v) A statement that if the required actions are not completed within the time specified, the
TOWN may undertake to carry out the actions pursuant to the MGA and charge the cost
thereof against the person to whom the order is directed and if said person does not pay
the costs, the costs shall be charged against the premises concerned as taxes due and
owing in respect of that property, and recovered as such;
vi) A Statement that a person receiving a written Order may request that Council review the
Order;
vii) A Statement that a request for Council to review the Order must be written including the
reasons for requesting a review, dated, and signed by the appellant and delivered to the
TOWN Administrator within fourteen (14) days after the Order issued pursuant to section
545 of the MGA is received by the person, or seven (7) days after which the Order
issued pursuant to section 546 of the MGA is received by the person.
b) Within thirty (30) days of receiving a request, Councilwill review the Order and may vary,
revoke, or uphold the Order and the time stipulated by the Order to remedy the nuisance or
unsightly condition.
c) A copy of the Order shall be served on any owners or occupants of the premises:
i) By being delivered personally to the person who is intended to be served;
ii) By being left with a person apparently over the age of eighteen (18) and residing with the
owners or occupants of the premises; or
iii) By being mailed to the person at their apparent place of residence or at any address for
the individual on the tax roll of the TOWN or at the Land Titles registry.
iv) ln the case of a corporation:
(1) By delivering personally to any director or officer of the corporation;
(2) By delivering it personally to a person apparently in charge of an office of the
corporation at an address held out by the corporation to be its address: or
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(3) By mail addressed to the registered office of the corporation.
v) As directed by the Court.
d) The Enforcement Officer may, at his discretion, extend the time for doing anything directed
in the Order considering the circumstances involved.
471 COMPLTANCE TO A MUNTCTPAL TAG OR ORDER
a) A person who commits an offence and is issued a Municipal Tag or Order for the first time in
respect to the offence, and subsequently remedies the offence within the stated time period the
fine amount shall be waived upon notice of compliance by the Enforcement Officer.
b) Fines for subsequent offences will not be waived.
48) NON-COMPLTANCE TO AN ORpER
a) lf a person to whom an order is directed does not satisfactorily comply with the directions of the
Order as specified by the Enforcement Officer, or in the event of a review, as specified by
Council:
i) An Enforcement Officer may enter a process to enforce the terms of an Order in
accordance with provisions pursuant to the Municipal Government Act.
ii) The expenses incurred to process and execute an Order constitute a debt owed to the
TOWN from the person to whom the Order is directed.
iii) The Chief Administrative Officer shall send a demand for payment of these expenses by
regular mail to the person to whom the Order was directed.
iv) lf the person to whom the Order was directed fails to pay, the expenses incurred by the
TOWN will become an amount owing the TOWN and may be added to the tax roll pursuant
to the MunicipalGovernment AcL
b) lf the TOWN carries out an Order, the workers shall deposit any materials, vehicles, buildings,
erections or structures at a location as designated by an Enforcement Officer and said property
shall be disposed of in a manner determined by the Enforcement Officer.
c) Any monies collected from the disposition of materials, vehicles, buildings, erections or
structures may be applied against the costs incurred by the TOWN to execute the Order.
49) OBSTRUCTTON
a) A person shall not obstruct or hinder any person in the exercise or performance of the person's
powers pursuant to this bylaw.
PART 8 - GENERAL
50)
POWERS OF TH E CHIEF ADMINISTRATIVE OFFICER
a) Without restricting any other power, duty or function granted by this bylaw the Chief
Adm inistrative Officer may:
i) Carry out any inspections to determine compliance with this bylaw;
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ii) Take any steps or carry out any actions required to enforce this bylaw;
iii) Take any steps or carry out any actions required to remedy a contravention of this bylaw;
iv) Establish investigation and enforcement procedures with respect to residential, commercial,
industrial and other types of property and such procedures may differ depending on the
type of property in question;
v) Establish areas where activities restricted by this bylaw are permitted;
vi) Establish forms for the purpose of this bylaw;
vii) lssue permits with such terms and conditions as are deemed appropriate;
viii) Establish the criteria to be met for a permit pursuant to this bylaw;
ix) Delegate any powers, duties or functions under this bylaw to an employee or agent of the
Town.
51) PERMTTS
a) A person to whom a permit has been issued pursuant to this bylaw, and any person carrying
out an activity othenruise regulated, restricted or prohibited by this bylaw pursuant to such
permit, shall comply with any terms or conditions forming part of the permit.
b) A person shall not make any false or misleading statement or provide any false or misleading
information to obtain a permit pursuant to this bylaw.
c) lf any term or condition of a permit issued pursuant to this bylaw is contravened or if a false or
misleading statement was provided to obtain the permit, the Chief Administrative Officer may
immediately cancel the permit.
521
PROOF OF PERMIT
a) The onus of proving a permit issued in relation to any activity otherwise regulated, restricted or
prohibited by the bylaw is on the person alleging the existence of such permit on a balance of
probabilities.
53) CERTTFTED COPY OF RECORp
a) A copy of a record of the TOWN, certified by the Chief Administrative Officer as a true copy of
the original, shall be admitted in evidence as prima facie proof of the facts stated in the record
without proof of the appointment or signature of the person signing it.
54)
SEVERABILITY
a) Should any provision of this bylaw be invalid, then such provision shall be severed and the
remaining bylaw shall be maintained.
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55) EFFECTTVE DATE
a) Bylaw 2021-713, the Community Standards Bylaw, is hereby repealed.
b) This bylaw shall take effect on the date of passing of third (3d) and final reading.
READ a first time this 21't day of March2Q22.
READ a second time this 2lstday of MarchZlZ2.
READ a third time this 21't day of March2022.
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