Village of Warburg Community Standards Bylaw 159/18

Warburg, Alberta · No. 159/18 · adopted 2018-11-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot e778f2eb33cc · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Village of Warburg Bylaw # 159/18 A BYLAW OF THE VILLAGE OF WARBURG, IN THE PROVINCE OF ALBERTA RESPECTING COMMUNITY STANDARDS. WHEREAS, Section 7, Part 2, Division 1 of the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M--26 and amendments thereto, 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, Section 7, Part 2, Division 1 of the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M--26 and amendments thereto, authorizes a council to pass bylaws for municipal purposes respecting nuisances, including unsightly premises or property; AND WHEREAS, pursuant to Sections 542, 543, 545, 546 (0.1), 546.1, 547, 549, and 550 of Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M--26 and amendments thereto, Council believes the regulation through a Community Standards Bylaw would benefit the community as a whole; NOW THEREFORE, the Municipal Council of the Village of Warburg, Alberta duly assembled, hereby enacts as follows: TITLE: This bylaw may be cited as the "Community Standards Bylaw". PART | -- INTERPRETATION Definitions 1. "BUILDING MATERIAL" means any construction material which may result from the construction, renovation, or demolition or any structure and includes, but is not limited to, wood, gypsum, vinyl siding, metal, bricking, packaging material and containers of construction material, gravel, concrete and asphalt and any earth, rocks and vegetation displaced during such construction, renovation or demolition of any structure; 2. "BYLAW" means under the Municipal Government Act RSA 2000 C. M26, Part 2 Division 1 General Jurisdiction Section 7 provided general jurisdiction to pass Bylaws. 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. People, activities and things in, on or near a public place or place that is open to the public; Nuisances, including unsightly property; Transport and transportation systems; Business, business activities and persons engages in business; Services provided by or on behalf of the municipality; Public utilities; Wild and domestic animals and activities in relation to them; Enforcement of bylaws made under this or any other enactment, including any or all the following: i. Fines for each offense, not exceeding $10,000.00 or imprisonment for not more than one year or both; ti. Providing the imposition of a penalty for an offence that is in addition to a fine or imprisonment so long as the penalty relates to a fee, cost, rate, toll or charge that is associated with the conduct that gives rise to the offence; --~ zqo on 10. 11. 12. 13. 14. iil. Providing that a specified penalty prescribed under Section 44 of the Provincial Offences Procedure Act is reduces by a specified amount if the penalty is paid within a specified time; iv. Providing for inspections to determine if Bylaws are being complied with; v. Remedying contraventions of Bylaws; J Section 8 gives Councils powers under Bylaws to regulate, prohibit, deal with any development; provide for a system of licenses, permits, approvals; establishing fees; prohibiting any development; providing terms and conditions for license, permit or approval; setting out the conditions that must be met before a license, permit or approval is granted or renewed,; setting out the conditions that must be met before a license, permit or approval is granted or renewed, providing duration for the licenses, permits and approvals and their suspension or cancellation for failure to comply; provide the process for appeal. "CANNABIS" means the definition given to it in the Cannabis Act, as amended or repealed and replaced from time to time. "CHARITY COLLECTION SITE" means an area accessible to the public, which is marked by signs identifying the name of the charity and identifying the area for the collection of donated goods, and which contains a receptacle or bin for the coilection of donated goods; "CHIEF ADMINISTRATIVE OFFICER (CAO)" means the Municipal Administrator of the Village of Warburg, or the Director(s) or Department(s) designated by the Chief Administrative Officer; "CHILD" means a person who is fifteen (15) years of age or under; "COMMUNITY SPECIAL EVENT" means any event that is operated, coordinated, or sanctioned by the Village of Warburg or by resolution of Council and is meant for the unhindered enjoyment and benefit of all residents (e.g. Heritage Days, festivals, parades, special events, sporting events); "CONSTRUCTION EQUIPMENT" means and includes but is not limited to a riveting machine, concrete mixer, gravel crusher, steam shovel, dragline, backhoe, air or steam compressor, jJack--hammer, pneumatic drill, truck, dump truck, vac truck, tractor, other than a tractor used in agriculture, bulldozer, front--end loader, bob--cat, scraper, motor grader, or any other tool, device or machine if of a noisy nature; "CONSTRUCTION NOISE" means noise caused by construction equipment; "COUNCIL" means the duly elected Municipal Council of the Village of Warburg; "DEBRIS" means building material or refuse arising from building construction or development; "FIREARM®"includes a gun, an air--gun, a spring--gun, a pellet gun, a paint ball gun, a cross--bow, a long--bow or any class or type thereof; "GRAFFITI" means words, figures, letters, drawings, initials, symbols, marks or slogans scribbled, scratched or sprayed on a surface of a premise or property; "GUARDIAN" means a parent, legal guardian, or foster parent; a temporary guardian means an adult person who has been given prior permission by a guardian to look after a child for a specified time period and; a proper adult guardianship means under the care 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. and control of, and accompanied by a guardian or temporary guardian; "HIGHWAY" means the same as in the Traffic Safety Act, Revised Statutes of Alberta 2000 Chapter T--6 and amendments thereto; "JUNKED VEHICLE" means any vehicle that is not located in an enclosed structure such that the vehicle, or any portion thereof, would not be visible from a highway or another premises or property and: a. the whole of any part of any vehicle which are not currently registered or licensed in accordance with Alberta Motor Vehicle Registries for the current year; b. are inoperative or incapable of movement under its own power by reason of disrepair, removed parts or missing equipment; or c. does not form part of the business enterprise with a valid business licence lawfully being operated on that premises or property; "LAND USE BYLAW" means the Village of Warburg Land Use Bylaw, and amendments thereto; "LEGITIMATE REASON" includes only the following in relation to the curfew provisions: a. travelling directly to and from a place of employment whether paid or volunteer work; b. working at a job whether paid or volunteer that requires the child to be in a public place; or c. travelling directly between home from an organized sporting or other event which has been supervised by proper adult guardianship; "MINOR" means an individual who has yet to reach the age of majority, as described by the Age of Majority Act, Revised Statutes of Alberta 2000 Chapter A--6 and amendments thereto; "MOTOR VEHICLE (MV)" means the same as in the Traffic Safety Act, Revised Statutes of Alberta 2000 Chapter T--6 and amendments thereto; "MEDICAL OFFICER OF HEALTH" means the individual that holds that position for the Health Region at any given time and includes any person authorized to act for and in the name of that individual; "MUNICIPAL GOVERNMENT ACT (MGA)" means the Municipol Government Act, Revised Statutes of Alberta 2000 Chapter M--26 and amendments thereto; "NUISANCE" means any activity or thing which arises from unreasonable, unwarranted or unlawful use by any person on a premises or property so as to produce a material annoyance, inconvenience or discomfort to the public or create annoyance or inconvenience to people living, working or pursuing activities in the vicinity of the premises or property; and, anything by act or omission that causes or permits a condition to exist which injures or endangers the public health, safety or welfare, or may reasonably be anticipated to be likely to injure or endanger public health, safety or welfare; "NOISE" means any sound having regard for all circumstances, including the time of day and the nature of the activity generating the sound, likely to unreasonably annoy or disturb persons or to injure, endanger or detract from the comfort, repose, health, peace and safety of persons within the boundary of the Village of Warburg; 25. 26. 27. 28. 29. 30. 31. 32. 33. "OCCUPANT" means residing on or to be in apparent possession or control of premises or property or; property pursuant to a written or verbal rental or lease agreement, license or permit; "ORDER TO REMEDY" means written notice issued pursuant to this Bylaw to remedy a condition that is not in compliance with any provision of this Bylaw or any applicable Bylaw within the Village of Warburg including the Land Use Bylaw or an order written pursuant to Section 545 of the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M--26 and amendments thereto; "OWNER" means a person: a. who is registered under the Land Titles Act, Revised Statues of Alberta 2000 Chapter L--4 and amendments thereto as the owner of a parcel of land; b. who is recorded as the owner of a premises or property on the tax assessment roll of the Municipality of Village of Warburg; c. who has purchased or otherwise acquired a parcel of land, whether he or she has purchased or otherwise acquired the land directly from the owner or from another purchaser, and has not yet become the registered owner thereof; d. holding himself or herself out as the person having the powers and authority of ownership of a premises or property or who for the time being exercises the powers and authority of ownership; e. in possession or control of a premises or property under construction; "PANHANDLING" means to ask for a gratuitous donation of money, food, or goods of any kind, whether by spoken or printed work, or bodily gesture, but does not include the solicitation of charitable donations allowed or authorized pursuant to the Charitable Fundraising Act, Revised Statutes of Alberta 2000 Chapter C--9 ond amendments thereto or any other legislation permitting the solicitation of charitable donations; "PARK" means any development specifically designed or reserved for the general public for active or passive recreational use. It includes all natural and man--made landscaping, facilities, building, playing fields, and other structures consistent with the general purposes or purposes of public parkland, whether or not such recreational facilities are publicly operated or operated by other entities pursuant to arrangements with the public authority owning the park; Any land acquired by Warburg as a municipal reserve and/or school reserve, public utility lots, or environmental reserve as defined in the Land Use Bylaw; Any land designated by Council as a park or recreational area for the purposes of this Bylaw; Any land developed or designated by the Village of Warburg as a trail system including pathways other than sidewalks; "PEACE OFFICER" has the same meaning as in the Provincial Offences Procedure Act, Revised Statutes of Alberta 2000 Chapter P--34 and amendments thereto. This includes a Village of Warburg Community Peace Officer, Bylaw Enforcement Officer, as well as a member of the Royal Canadian Mounted Police duly appointed by the Village of Warburg Council; "PERSON" means any individual, firm, partnership, association, corporation, trustee, executor, administrator, or other legal representative; "PREMISES" means any external surfaces of all structures and the whole or part of any parcel of real property, including property immediately adfacent to any structure and includes all forms of vegetation and including any property or structures owned or leased by the Municipality; "PROPERTY" means: a. in the case of land, a parcel of land including any structures; or, 34. 35. 36. 37. 38. 39. 40. 41. b. in other cases, personal property; "PUBLIC PLACE" means any premises or property, whether publicly or privately owned, to which members of the public have access as a right or by express or implied invitation, whether on payment of any fee or not and shall also mean: a. a highway, road, street, sidewalk, lane, other thoroughfare or a parking lot; b. a place or building to which the public has or is permitted to have access (i.e.: coffee shops, restaurants, shopping malls, retail stores, movie theatres); c. a park or playground or any other place of public resort or amusement; "RECREATIONAL VEHICLE" means a vehicle or trailer that provides temporary accommodation for recreation or travel purposes and includes any motor home, travel trailer, fifth wheel trailer, tent trailer, any camper van, bus or truck converted for use as a recreational vehicle, campers mounted on a truck or any similar vehicle, but does not include small utility trailers, off--road vehicles or watercraft and trailers to transport them, unless they are being used as a dwelling unit, in which case they will be considered recreational vehicies for the purposes of this bylaw; "REFUSE" means articles including, but not limited to, loose scrap or litter including cigarettes or cigarette "butts/ends", solid waste such as rubber, metal, glass, plastic, paper, cardboard, fabric, food, garbage bags, grass cuttings, shrubbery and tree pruning, weeds, garden waste, the whole or part of an animal carcass, animal or human feces, sewage, manure, dirt, soil, ash, gravel, rocks, or any other such waste of a decomposing or non--decomposing matter which may or may not harbour vermin or pests therein; petroleum products, hazardous materials, disassembled equipment and machinery, discarded household chattels or goods; and/or equipment or machinery which has been rendered inoperative by reason of disassembly, age or mechanical condition, including household appliances; "SHIPPING CONTAINER" means a standardized, reusable vessel that is or appears to be originally, specifically or formerly designed for or used in the packing, shipping, movement, or transportation of freight, articles, goods or commodities, or designed for or capable of being mounted or moved on a rail car, or designed for or capable of being mounted on a chassis or bogie for movement by truck trailer, or loaded on a ship. This includes intermodal containers made of corrugated metal and any shipping container used for storage. "SIDEWALK" means that part of a 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 curk line, the edge of the roadway and the adjacent property line, whether or not it is paved; "SMOKE" where used as a verb and speaking in regords to cannabis, means inhailing or exhailing the smoke produced by lit cananabis or holding or otherwise having control of lit Cannabis or any device or thing that contains lit Cannabis. "SPECIAL PERMIT" means a written permit issued by the CAO (as defined) pursuant to this Bylaw and is designed to be temporary in nature; "STRUCTURE" means any structure, including but not limited to a building, fence, retaining wall, scaffolding, shed, portable shack, or other similar types of construction; 42. 43. 44. 45. 46. "UNTIDY AND UNSIGHTLY PREMISES OR PROPERTY" means any premises or property which, because of deposits of rubbish, litter, garbage, noxious weeds, or lack of general maintenance to a structure or property, impacts the property values of the property or other properties in the area; "VAPE" means inhaling or exhailing the apor , emissions or aerosol produced by , or holding or otherwise having control of an electric cigarette or similar device containing Cannabis. "VEHICLE" means the same as in the Troffic Safety Act, Revised Statues of Alberta 2000 Chapter T--6 and amendments thereto; "VIOLATION TICKET" means the same as in the Provincial Offences Procedure Act, Revised Statutes of Alberta 2000 Chapter P--34 and amendments thereto; "WEEDS" means the definitions found in the Weed Control Act, Statutes of Alberta 2011 Chapter W--5.1 and amendments thereto; For the purposes of this Bylaw, all terms referred to and not defined in this Bylaw are as defined in the Land Use Bylaw and amendments thereto; PART II -- PROPERTY MAINTENANCE 201. 202. 203. Accumulation of Materials No owner or occupant of a premises shall allow on the premises the accumulation of yard material, animal remains, parts of animal remains, animal feces, any material that creates unpleasant odours or is likely to attract pests, or disassembled machinery, equipment, fuel tanks and appliances and parts thereof; No owner or occupant of a premises shall allow the open or exposed storage on the premises of any industrial fluid; No owner or occupant of a premises shall allow loose garbage, bottles, cans, boxes, packaging materials, household furniture or other household goods to accumulate on the premises such that the accumulation is visible to a person viewing from outside the property. Appliances, Refrigerators and Freezers No owner or occupant of a premises shall allow a refrigerator or freezer to remain on the exterior of the premises without first ensuring that the hinges and latches, or lid or doors of the unit have been removed unless authorized by the Village; . Without limiting the generality of Section 202(1), measures considered to be effective may include: complete removal of the door of the appliance; the removal of the door handle mechanism if this prevents opening and closing of the door; the removal of the door hinges; locking the appliance; or otherwise wrapping or containing the appliance so that the interior is inaccessible. Boulevards An owner or occupant of a premises shall maintain any boulevard adjacent to the premises or property by: a. keeping any grass on the boulevard cut to a length of no more than 6" (15 cm); b. removing any accumulation of fallen leaves or other refuse or debris; and c. notifying the Municipality if tree maintenance is required. d. refrain from removing or pruning trees or shrubs on the boulevards that are the responsibility of the municipality. Subject to obtaining written permission from the Municipality, any owner who chooses to utilize any landscaping material other than natural grass (e.g. crushed rock, mulch, artificial turf, hard-- surfacing, plantings, etc.) in the boulevard or any other publicly owned premises or property adjacent to their premises or property assumes responsibility for all maintenance of such landscaping material and the repair of damage to such landscaping material, regardless of cause. Notwithstanding the above, if the Municipality is responsible for the damage due to the repair of public utilities, the Municipality will only cover the cost to repair the damage with natural grass. Notwithstanding the above, if the Municipality is responsible for the damage due to the repair of public utilities, the Municipality will only cover the cost to repair the damage within the Village right of Way, not on the owner's property. 204. Commercial Vehicle 1. No owner or occupant of a premises shall keep in any part of any yard within any residential premises or property any vehicle that is registered for commercial use, loaded or unloaded, of a gross vehicle weight in excess of 7,500 kg. 2. A truck tractor may park on private property only if all the following conditions are met: a. parking is only to take place for the winter months, namely October 15"" to March 31"; b. a parking permit is purchased at a price of $500.00 per winter; c. approval must be obtained from all the neighbours within audio distance of the driveway; d. parking will be of the truck tractor unit only; e. parking will be on a driveway only. 3. A truck tractor which has been registered as a recreational vehicle may park on private property only if all the following conditions are met; a. parking may be year--round; b. a parking permit is purchased at a price of $100.00 per calendar year; c. approval must be obtained from all the neighbours within audio distance of the driveway; d. no parking in the front yard will be allowed except on a driveway. 205. Construction of Premises or Property 1. An owner or occupant of a premises or property under construction shall ensure that building materials or debris on the premises or property are removed or contained and secured in such a manner that prevents such building material or debris from being blown off or scattered from the premises or property or scattering mud or debris on municipal roads; 2. No person shall keep or permit in any part of a premises or property, an excavation or debris during construction or renovation unless said excavation is properly secured or debris is stored in a container and removed within a reasonable period of time of being filled or required to complete the stage of renovation or construction, unless said excavation or debris is allowed pursuant to the Land Use Bylaw; No Garbage Bins are to be on any residential premises or property unless the premesis or property is under construction. 3. Upon such container being filled, it must be completely secured in such a manner so that no portion of the load can escape, blow, drop, spill, or fall onto a highway or premises or property adjacent thereto. It must then be transported to an appropriate location designated for the disposal of such building materials or debris; or, 4. An owner or a premises or property under construction or renovation shall not pile or store any building materials or debris related to the construction or renovation on the street, sidewalk or any premises or property owned by the Municipality or other landowners without written permission to do so. 5. An owner of a premises or property or premises shall adhere to any applicable requirements of the Village of Warburg Land Use Bylaw. 6. A person shall not cause or permit any construction activity on Property they own or occupy before 7:00 a.m. or after 11:00 p.m. on a Weekday or before 8:00 a.m. or after 10:00 p.m. on a Weekend or Holiday. 206. Control of Weeds and Unmaintained Vegetation on Premises or Property 1. An owner or occupant of a premises shall, with the exception of farmland or natural grasslands or natural municipal sanctioned grasslands or garden projects: a. cut, mow, or carry out measures designed to inhibit propagation of nuisance or noxious weeds of the premises or property be infested with weeds; b. cut, mow or carry out measures designed to inhibit propagation of uncontrolled grass or other vegetation from May ist through to October 31ist to ensure it does not exceed 10 cm or 4" in height, weather permitting; c. remove or prune any and all trees that, due to a deterioration or condition or for any other reason interfere with any adjacent property, public utility or public works, or curkb sight lines, and are or could ba a public safety hazard, including lines, poles, conduits, pipes, sewer or other works of the Village of Warburg on their premises or property; d. remove or prune any shrub which is or could be a nuisance to any person using a publicly owned or maintained sidewalk or street; e. destroy the restricted weed if specified by a Peace Officer or Weed Inspector pursuant to the Weed Control Act, Statutes of Alberta 2008 Chapter W--5.1 and amendments thereto; or, f. carry out other measures as prescribed by a Peace Officer or Weed Inspector pursuant to the Weed Control Act, Statutes of Alberta 2008 Chapter W--5.1 and amendments thereto; 207. Graffiti, Flyers and Refuse 1. An owner or occupant of a premises or property shall ensure that loose refuse or debris are collected and contained on the premises or property so that they do not escape onto adjacent or other neighbouring properties; 2. 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 fiyers; 3. No person shall deposit commercial flyers on a premise 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; 4. No person shall deposit commercial flyers/private flyers, advertisements on power poles, light standards, municipal trees, benches, flower containers, garbage cans, sign posts, or other municipal, provincial, or federal properties. 5. No person shall create or apply graffit and every owner or occupant of a premises or Property shall ensure that any graffiti placed on their premises or property is removed, painted over, or otherwise permanently blocked from public view; 6. Notwithstanding Section 207(4), 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 Municipality in accordance with any applicable bylaws of the Municipality 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. 208. Motor Vehicles 1. 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: a. the activity does not create a nuisance or noise complaints from the neighbourhood; b. there is no escape of offensive, annoying, or noxious odours, fumes or smoke from the premises; c. 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; d. all discarded automobile parts and materials are properly stored and disposed of from the premises; e. the activity is routine maintenance work done on any Motor Vehicle, provided that all building and fire code regulations are met; and f. the activity does not allow for more than one inoperable Motor Vehicle to remain on the Premises and the Motor Vehicle must be either contained within a Structure which has been approved by the Village or covered by a tarpaulin or other device acceptable to the Village which prevents it being seen from any neighbouring Property or public area. 2. No owner or occupant of a premises shall allow the accumulation of automobile parts on the premises untess they are contained in a structure which has been approved by the Village. 3. No owner or occupant of a premises shall park or store a Motor Vehicle, Recreational Vehicle, trailer, ATV, snowmobile or boat in the front yard of a premises and whally or partially on turf, lawn, dirt or other non--hard surfaced areas. 209. Obligation to Maintain Property 1. No owner or occupant of a premises shall allow a structure and their structural members or fence to become a safety hazard. 2. No owner or occupant of a premises shall allow a nuisance to exist in respect of any building on the premises. 3. The owner, agent, lessee, or occupant of a premise shall prevent stagnant water from remaining on any such Premises and becoming a breeding place for mosquitoes or other Pests. 4. No owner or occupant of a premises shall permit any excavation, depression, drain, ditch, watercourse, pond, surface water, refuse or other matter or thing upon private land, street, road, or in or about any building to be or to remain a Nuisance or danger to public health or safety. 5.. With respect to eavestroughs and downspouts: a. an owner or occupant of a premises shall direct any rainwater downspout or eavestrough on the premises towards the front or rear of the premises or a side yard which does not abutt another b. no owner or occupant of a premises shall allow a flow of water from a hose or similar device, rain water, downspout or eavestrough to be directed over a public sidewalk so as to be a hazard to any person. 210. Buildings 1. Every owner or occupant of a premises or property shall not cause or permit a nuisance to exist in respect of any Building on land they Own or Occupy; 2. For greater certainty, a nuisance, in respect of a Building, means a building showing signs of a serious disregard for general maintenance and upkeep, whether it is detrimental to the surrounding area. Some examples of which include: a. Any damage to the Building; b. Any rot or other deterioration within the Building; and, c. 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; 3. If 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: a. Installed from the exterior an fitted within the frame of the opening in a watertight manner; b. Of a thickness, sufficient to prevent unauthorized entry into the Building; c. Secured in a manner sufficient to prevent unauthorized entry into the building; and; d. Coated with an opaque protective finish in a manner that is not detrimental to the surrounding area; 211. Recreational Vehicle No owner or occupant of a premises shall have more than two (2) Recreation Vehicles ensuring that: 1. the Recreational Vehicle shall not be used as a dwelling unit; and 2. is located on a hard--surfaced parking area as defined in the Land Use Bylaw and is not overhanging the sidewalk or curb or property line. 3. owner must reside in residence of same property. 212. Sidewalk (Snow Removal) As per Bylaw 27/98; 1. A person shall maintain any sidewalk adjoining and adjacent to land they own or occupy and clear of any dangerous condition caused by snow or ice within 48 hours from which the dangerous condition was formed. 2. For the purpose of greater certainty a dangerous condition with respect to snow and ice accumulation means a condition that, a Peace Officer has reasonable grounds to believe, may cause someone to slip, trip or fall. 3. No person shall remove snow or ice from any sidewalk or property by causing such material to be placed upon the Village of Warburg property, other than the adjacent boulevard they occupy. 4. Notwithstanding Section 212(3), where any portion of a building abuts a sidewalk, a person may clear snow or ice onto the side of the road, but only in a manner so as to avoid causing a dangerous roadway condition or obstruction. 5. If a person: a. fails to remove the snow or ice from the sidewalk as required in Bylaw 27/98; Section 212{1) or; b. permits or causes the snow or ice to be placed upon Village of Warburg property in contravention of Bylaw 27/98; Section b. permits or causes the snow or ice to be placed upon Village of Warburg property in contravention of Bylaw 27/98; Section 212(1), the Village of Warburg may cause the removal of that snow or ice without notice to the owner. 6. Where possible, any cost incurred by the Village of Warburg while acting in accordance with Bylaw 27/98; Section 212(5) is the responsibility of the owner or occupant of a premises or property and may be added to the tax roll respecting the referenced property. PART III -- PUBLIC BEHAVIOR 301. Littering 1. No person shall leave, place, deposit or throw upon any public place any refuse or debris except in a receptacle designated and intended for such use. 2. A person who has left, placed, deposited or thrown any matter mentioned in Section 301(1) upon any public place shall forthwith remove it. 302. Charity Collection Sites 1. No Person shall dump or deposit household garbage or other litter at a charity collection site. 2. No Person shall scavenge from or disturb any material, bag or box in or at a charity collection site, whether or not that material, bag or box is contained in a receptacle or resting upon the ground. 303. Urination and Defecation A person shall not urinate or defecate in public except in a facility designed and intended for such use. 304. Fighting No person shall participate in a fight which a Peace Officer has reasonable ground to believe is a physical or verbal confrontation in any public place or anyplace to which the public reasonably has access; this prohibition does not apply to participant of an organized sporting event who are governed by the rules of conduct of that sporting event. 305. Panhandling No person shall engage in panhandling. 306. Discharge of a Firearm 1. No person shall discharge, cause to be discharged or permit to be discharged a firearm within the limits of the Village. 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. 3. Despite the provisions of Section 306(1) of the bylaw, nothing in this bylaw shall serve to prohibit the discharge of a firearm; a. by a member of the RCMP or any other police officer during the performance of his/her duties as a police officer; b. by an animal service officer during the performance of his/her duties as an animal control officer; c. by a Village employee or Village's contractor during the performance of his/her duties for animal/predator control. d. a participant of an organized sporting event who are governed by the rules of conduct of that sporting event. 307. Curfew As per Bylaw 49/01; 1. No child shall be in a public place within the corporate limits of the Village of Warburg after the hour of 11:00 pm on any day and before 6:00 am on the following day without Proper Adult Guardianship or a Legitimate Reason. 2. Any child who is found in a Public Place after 11:00 pm and before 6:00 am without Proper Adult Guardianship or Legitimate Reason will be warned to go home by a Peace Officer. 3. Any child who is found in a public place after 11:00 pm and before 6:00 am without Proper Adult Guardianship or Legitimate Reason is guilty of an offence. 4. Any guardian whose child is in a public place after 11:00 pm and before 6:00 am without proper adult guardianship or legitimate reason is guilty of an offence for lack of supervision. 5. Any child, to whom this Bylaw applies, found in a public place within the Village of Warburg during the hours specified in Section 307(4), without proper guardianship may be warned to go directly home by a peace officer. If after such warning the said child refuses or otherwise thwarts the directive to go home, the Peace Officer may take further actions. PART IV -- NOISE 401. Provisions, Infractions and General Abatement Provisions As per Bylaw 122/12; 1. No person shall make, continue or cause, or allow to be made or continue any loud, unnecessary, or unusual noise or any noilse whatsoever which either annoys, disturbs, injures, endangers, or detracts from the comfort, repose, health, peace, or safety of other persons within the limits of the Village of Warburg. 2. No person shall allow property they own or control to be used so that there originates from the property any loud, unnecessary, or unusual noise that disturbs the comfort or the repose of other persons in the vicinity of such property or generally within the limits of the Village of Warburg. 3. Except to the extent permitted by the Bylaw, no person shall: a. cause excessive noise within the Village of Warburg; b. operate or permit any other person to operate within the Village of Warburg a motor vehicle that causes noise; c. operate or permit any other person to operate within Village of Warburg an off--highway vehicle that causes noise; d. operate or permit any person to operate within Village of Warburg any vehicle or equipment contrary to the Traffic Safety Act, Revised Statutes of Alberta 2000 Chapter T--6 and amendments thereto. 402. In determining if a sound is reasonably likely to disturb the peace of others, the following criteria may be considered: 1. Type, volume, and duration of the sound; 2. Time of day and day of week; 3. Nature and use of the surrounding area; and, 4. Any other relevant factor, such as multiple complaints, 403. Vendors No person shall ring bells or knock on doors to advertise the sale of goods and services in a residential area between the hours of 8:00 pm and 9:00 am. 404. Operation of Equipment No person shall operate a hand or power lawn mower, a snow removal device, or motorized model toy in a residential district between the hours of 10:00 pm and 7:00 am Monday thru Friday; Saturday and Sunday between the hours of 10:00 pm and 9:00 am. Any such equipment must be properly maintained, operated in a normal manner for that type of equipment, and the noise must be temporary and intermittent in nature. Where an activity which is not specifically prohibited by any federal, provincial or municipal law or regulation or statute; including this Bylaw and which involves creating or making a sound which: 1. is or may become; or, creates or produces or may create or produce noise, 2. a person engaging in such activity shall do so in such a manner as to create as little sound as practicable under the circumstances. 405. Construction No person shall carry on construction of any kind that can be heard beyond the boundary of the construction site between the hours of 10:00 pm and 7:00 am Monday thru Friday; Saturday and Sunday between the hours of 10:00 pm and 8:00 am. 406. Sound Amplifying Equipment No person shall operate sound amplifying equipment from any premises, park, or other public space so as to unduly disturb residents of the Village of Warburg. 407. Noise Exemptions and Allowances 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. 2. Any application made pursuant to this section must be made at least five (5) business days prior to the proposed activity and must contain the following information pertaining to the work or activity for which the exemption is sought: the name, address, and telephone number of the applicant; the address of the site; the building permit number (if applicable); a description of the source(s) of noise and sound levels; the period of time that the exemption is desired; the applicant's reason{s) why the exemption should be given; and g. a statement of the measures that will be taken to minimize the noise or sound levels. --~ m p n & w 408. The CAO May In Their Sole Discretion; 1. Waive any requirement of Part IV {Noise}); 2. Issue the special permit where Enforcement Services determines that circumstances make it impractical for the applicant to comply with this Bylaw; 3. Revoke any special permit that has been issued where Enforcement Services or the RCMP determine the applicant has not taken sufficient measures to minimize the noise of sound levels; or, 4. Impose any conditions on the issuance that Enforcement Services or the RCMP consider appropriate. 409. Any such special permit or permission shall be produced to a Peace Officer upon demand. 410. Persons owning or controlling construction equipment, and persons owning or controlling land on which construction equipment is being operated shall be exempt from the provisions of this Bylaw if: 1. the noise is generated pursuant to work done in the normal manner to the industry; 2. the noise is not generated between the hours of 10:00 pm and ?:00 am; and 3. all necessary federal, provincial and municipal permits, licenses, and approvals have been obtained and the work is not contrary to any federal, provincial or municipal laws, statutes, or regulations. 411. Notwithstanding the Operation of Equipment Section, a person may at any time unload a vehicle containing: 1. fresh fruit, produce and perishable merchandise including milk, milk products and baked goods, meat or; daily or weekly newspapers delivered to vendors; Canada Post; armoured vehicle deliveries and maintenance of banking; designated Truck Route; unloading commercial merchandise either within the truck route or off of the route. a uo p wow 412. Warburg Sanctioned Activities 1. Activities of employees, servants, contractors and agents of the Village of Warburg while acting in the course of their employment and duties are exempt from the provisions of this Bylaw. This provision includes, but is not limited to, activities such as snow removal, street cleaning and community special events. 2. Activities of persons operating domestic equipment including without restricting the generality of the foregoing; lawn mowers, snow blowers, garden tillers, hedge trimmers, weed trimmers, and air blowers (gas or electric), and persons owning or controlling property upon which such equipment is used if the noise is of a temporary or intermittent nature, the equipment is properly maintained and operated in a normal manner for that type of equipment; and the noise occurs between the hours of 7:00 am and 10:00 pm. 413. Emergencies Any person performing work of an emergent nature for the preservation or protection of public safety, life, health, or property, may be exempt from this Bylaw. The onus will be on the person performing the work to demonstrate that the work was of an emergent nature to the satisfaction of a Peace Officer. 414. Relaxations Notwithstanding the General Abatements Section, a person may operate a snow clearing device powered by an engine for the purpose of commercial, industrial and institutional removal of snow and ice from streets, parking lots and sidewalks during the 48 hour period following a snowfall, rain or freezing rain. PART V -- CANNABIS 501. A person shall not Smoke or Vape Cannabis in a Public Place PART VI -- INSPECTION AND ORDER TO REMEDY 601. Inspections A Peace Officer, a Medical Officer of Health, a Building Inspector or person(s) as designated by the CAO are hereby authorized in accordance with Section 542 of the Municipal Government Act to enter into any premises or property other than a dwelling unit after giving reasonable notice to the owner of the premises or property to be inspected; and to inspect for conditions that may contravene or fail to comply with the provisions of this Bylaw. 602. A Peace Officer, when investigating an alleged contravention of this Bylaw is hereby authorized to enter upon any premises or property other than a dwelling unit, to inspect for conditions that may contravene the provisions of this Bylaw. A Peace Officer may thereafter issue a verbal or written order to the owner to remedy any condition{(s) of the subject premises or property that have been found to be in contravention of this Bylaw. 603. If a person refuses to allow or interferes with the entry, inspection, enforcement or action referred to in Sections 601 or 602, or refuses to produce anything to assist in the inspection, remedy, enforcement or action referred to in Sections 601 or 602, the Municipality may apply to the Court of Queen's Bench for an order under Section 543(2) of the Municipal Government Act. 604. Orders to Remedy . Where premises or property are found to be in violation of any provisions of this Bylaw, the Peace Officer may in accordance with Section 545 of the Municipal Government Act issue a written order to the owner of the premises or property to remedy the condition on the premises or property which violates this Bylaw. . An order written pursuant to Section 604{(1) may: a. direct a person to stop doing something, or to change the way in which the person is doing it; b. direct a person to take any action or measures necessary to remedy the contravention of the enactment or bylaw, including the removal or demolition of a structure that has been erected or placed in contravention of a bylaw, and, if necessary, to prevent a re--occurrence of the contravention; c. state a time within which the person must comply with the directions; d. state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person. . Without limiting the powers under Sections 604(1) and 604(2), an order written pursuant to Section 604(1) may: a. require the owner of a structure in disrepair to eliminate the danger to public safety in the matter specified, or remove and demolish the structure and level the site; b. require the owner of the premises or property that contains the excavation or hole to eliminate the danger to public safety in the manner specified, or fill in the excavation or hole and level the site; c. require the owner of the premises or property to relocate or remove any vehicle, including recreational vehicles and junked vehicles, that does not comply with this bylaw in the manner specified in the order; d. require the owner of the untidy and unsightly premises or property or that creates a nuisance to improve the condition of the premises or property in the manner specified in the order or if the premises or property is a structure, to remove or demolish the structure and level the site; and/or e. require the owner, lessee, occupant of the premises or property to remove graffiti that is in an unsightly or nuisance condition to improve the appearance of the premises or property in the manner specified in the order. . The Peace Officer shall give not less than seven days from the date of the notice being issued for compliance with the notice. During this period for compliance, a person may appeal the notice with the appeals section of this Bylaw. 605. Service of an Order to Remedy An Order to Remedy by a Peace Office shall be deemed to be sufficiently served if: 1. served personally on the individual or corporation named in the order; . mailed to the last known address of the registered owner of premises or property, or to the person concerned; . it is left with a person apparently over the age of 16 years at the place of abode of the person to whom the notice is addressed; . it is posted in a conspicuous place on the premises or property referred to on the order; or, . in the opinion of a Peace Officer, service of the written order cannot be reasonably affected, or if the Peace Officer believes that the owner of the premises or property is evading service, the Peace Officer may post the written order in a conspicuous place on the premises or property to which the written order relates, or on the private dwelling place of the owner of the premises or property, and the written order shall be deemed to be served upon the expiry of three (3) days after the written order is posted. 606. Failure to Comply with an Order to Remedy . When an owner fails to remedy a contravention of this bylaw within the time allowed in an order to remedy issued under Section 604(1) of this Bylaw, the Village of Warburg may exercise its powers under Sections 546.1, 549 or 550 of the Municipal Government Act in its discretion, including but not limited to entering upon the premises or property to perform or complete the work necessary to remedy the violation of this Bylaw. The costs incurred by the Village to remedy the violation, as well as any applicable fines under this Bylaw, will be billed to the owner and will be amounts owing to the Village. If the costs are not paid in the time specified by the Village of Warburg, the costs may be charged against the premises or property as a special assessment to be recovered in the same manner as other taxes and in accordance with Sections 553, 553.1 or 553.2 of the Municipal Government Act. . Every person who fails to comply with a written order issued pursuant to this section within the time set out in the written order commits an offence. . In addition, any owner, agent, lessee or occupier of any premises or property within the Municipality who fails to comply with Part II of this Bylaw will be liable for fines listed in Schedule "A". . Any items of value, in the opinion of CAO and the Peace Officer, removed pursuant to Section 606(1), will be removed to a place of safekeeping and will: a. be subject to a daily fee for storage costs; and b. if unclaimed within ninety (90) days of removal, will be sold or disposed of at the discretion of the Municipality. . If the municipality sells all or a part of a structure that has been removed under 606{(1), the proceeds of the sale must be used to pay the expenses and costs of the removal and any excess proceeds must be paid to the person entitled to them. . The imposition of a violation ticket or summary conviction in court shall not relieve any person of fines or any costs incurred in having work performed by the Municipality or agents of the Municipality where authorized by this Bylaw. . The municipality may register a caveat under the Lond Titles Act, Revised Statutes of Alberta 2000 Chapter L--4 and amendments thereto, in respect to an order made under Section 605(1) dealing with a dangerous structure, excavation or hole or untidy and unsightly premises or property against the certificate of title for the land that is the subject of the order. . If a municipality registers a caveat under Section 606(7), the Municipality must discharge the caveat when the order has been complied with or when the Municipality has performed the actions or measures referred to in the order. . When a structure is being constructed in contravention of this bylaw, a contravention of this bylaw is of a continuing nature, or any person is carrying on business or is doing any act, matter or thing without having paid money required to be paid by this bylaw, in addition to any other remedy and penalty imposed by this bylaw, the Municipality may apply to the Court of Queen's Bench for an injunction or other order. 607. Emergencies In an emergency or in extraordinary circumstances, the designated officer need not give reasonable notice or enter at a reasonable hour and may do the things in Section 542(1)(a) and (c) of the Municipol Government Act without the consent of the owner or occupant. Pursuant to Section 551 of the Municipal Government Act, in an emergency the municipality may take whatever actions or measures are necessary to eliminate the emergency. 608. Appeals 1. A person who receives a written order to comply with a section pursuant to this Bylaw may by written notice; request Council to review the order within fourteen (14) days after the date the order is received, 2. After reviewing the order, Council may confirm, vary, substitute or cancel the order. 3. Notwithstanding Sections 508(1) and 508(2) of the Municipal Government Act, this subsection does not apply to violation tickets written by a Peace Officer. 4. If a person considers himself aggrieved by a decision under Section 508(2), he may appeal the decision by originating Notice to the Court of Queen's Bench: a. in the case of an appeal of an order under section 545 of the Municipal Government Act, within 30 days after the date the decision under section 547 of the Municipal Government Act is served on the person affected by the decision, and b. in the case of an appeal of an order under section 546 of the Municipal Government Act, within fifteen 15 days after the date the decision under section 547 of the Municipal Government Act is served on the person affected by the decision. 5. 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. PART VIl -- POWERS OF PEACE OFFICERS AND PROSECUTION 701. General Penalty Provisions 1. Any person that contravenes any provision of this Bylaw is guilty of an offence. 2. Any person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding $10,000.00, and in default of payment of any fine imposed, to imprisonment for not more than six (6) months. 3. Without restricting the generality of Section 701(2), the fine amounts established for use on Violation Tickets if a voluntary payment option is offered are as set out in Schedule "A". 702. Municipal Violation Tags and Violation Tickets 1. A Peace Officer is hereby authorized and empowered to issue a Municipal Violation Tag to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. 2. A Municipal Violation Tag may be served: a. personally to the accused; or b. mailed to the address of the owner as registered with the Village of Warburg 3. The Municipal Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state: a. the name of the person to whom the Municipal Violation Tag is issued, if known; b. a description of the offence and the applicable Bylaw section; c. the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw; d. that the penalty shall be paid on or prior to the prescribed due date in order to avoid prosecution; e. and any other information as may be required by the Chief Administrative Officer. . Where a contravention of this Bylaw is of a continuing nature, further Municipal Violation Tags may be issued by a Peace Officer. . A person to whom a Municipal Violation Tag has been issued may pay the penalty specified on the Municipal Violation Tag and if the amount is paid on or before the required date, the Person will not be prosecuted for the offence. . Where a Municipal Violation Tag has been issued and the penalty specified on the Municipal Violation Tag is not paid within the prescribed time, a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act, Revised Statutes of Alberta 2000 Chapter P--34 and amendments thereto. . Notwithstanding Section 602(6), a Peace Officer may immediately issue a Violation Ticket to any Person whom the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. . A Violation Ticket issued with respect to a contravention of this Bylaw shall be served upon the Person responsible for the contravention in accordance with the Provincial Offences Procedure Act, Revised Statutes of Alberta 2000 Chapter P--34 and amendments thereto. . If a Violation Ticket is issued in respect of an offence, the Violation Ticket may: C a. specify the fine amount established by this Bylaw for the offence in Schedule "A"; or b. require a person to appear in court without the alternative of making a voluntary payment. 10. A person who commits an offence may: a. if a Violation Ticket is issued in respect of the offence; and b. if a Viclation Ticket specifies the fine amount established by this Bylaw for the offence; make a voluntary payment equal to the specified fine. 11. When a clerk records in the Court records the receipt of a voluntary payment pursuant to this Bylaw and the Provincial Offences Procedure Act, Revised Statutes of Alberta 2000 Chapter P--34 and amendments thereto, the act of recording receipt of that payment constitutes acceptance of the guilty plea and also constitutes a conviction and the imposition of a fine in the amount of the specified penalty. 703. In 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 the offence continues and any person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such separate offence. 704. The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a person from the necessity of paying any fees, charges or costs from which he is liable under the provisions of this Bylaw. 705. A person shall not obstruct or hinder any person in the exercise of performance of the person's powers pursuant to this Bylaw. 706. If any section or part of this Bylaw are found in any court of law to be iilegal or beyond the power of Council to enact, such Section or parts shall be deemed to be severable and all other Section or parts of this Bylaw shall be deemed to be separate and independent there from and to be enacted as such. Read for a first time on this __9th day of ___October , 2018. %gf/ MayofievifiMaine Chief Administrative Officer Christine Pankewitz Read for the second time on this 12th day of November, 2018. Read for the third time on this 12th day of November, 2018. RIp( M{yor Kévin Maine Christine Pankewitz Schedule "A" -- Penalties Specify Second Third and Infraction/Offence. Penalty Offence Subsequent £ oc _ Offence |' Property Offences Sec. 201 -- Unlawful accumulation of materials $155.00 $287.00 $575.00 Sec. 202 -- Fail to secure appliances on property $155.00 $287.00 $575.00 Sec. 203 -- Fail to maintain boutevard $155.00 $287.00 $575.00 Sec. Zfld ::::rr:zrrtzz:;;::;cle > 7,500 Kg. parked $155.00 $287.00 $575.00 Sec. 205 -- Unsecured building material/debris $287.00 $575.00 $1500.00 Sec. 206 (1)(a) -- Noxious weeds on property $155.00 $287.00 $575.00 Sec. 206 {1)(b) -- Grass over 10 cm $155.00 $287.00 $575.00 Sec. 206 {1)(c) -- Fail to maintain tree $155.00 $287.00 $575.00 Sec. 206 (1)(d) -- Fail to maintain shrub $155.00 $287.00 $575.00 Sec. 207 (1) -- Unsecured refuse/debris $155.00 $287.00 $575.00 Sec. 207 (3) -- Deposit flyers without permission $155.00 $287.00 $575.00 Sec. 207 (5) -- Unlawfully create or apply graffiti $287.00 $575.00 $1500.00 Sec. 208 (1) -- Conduct unlawful repair on MV $155.00 $287.00 $575.00 Sec. 208 (3) -- Park vehicle on lawn/dirt $155.00 $287.00 $575.00 Sec. 210 (1) -- Unlawful nuisance on property $155.00 $287.00 $575.00 Sec. 211 (1) -- Recreational Vehicle used as a dwelling $155.00 $287.00 $575.00 Sec. ZT:I (2) -- Recreational \{ei-ncle parked where $155.00 $287.00 $575.00 prohibited Sec. 212 (1) -- Fail to maintain side walk $155.00 $287.00 $575.00 Sec. 212 (3) -- Placing snow on village property $155.00 $287.00 $575.00 |f J Behavior in a Public Place Sec. 301 -- Unlawfully littering $155.00 $287.00 $575.00 Sec. 3G2(1) -- Unlawfully dumping at charity collection $155.00 $287.00 $575.00 Sec. 302(2) -- Scavenging from charity collection site $155.00 $287.00 $575.00 Sec. 30B3 -- Unlawfully urinating/defecating $155.00 $287.00 $575.00 Sec. 304 -- Unlawfully fighting $287.00 $575.00 $1500.00 Sec. 305 -- Unlawfully panhandling $155.00 $287.00 $575.00 Sec. 306 -- Unlawfully discharging a firearm $287.00 $575.00 $1500.00 | Curfew Sec. 307(3) -- Curfew child in a public place after $155.00 $287.00 $575.00 Sec. 307(4) -- Curfew guardian having child without $287.00 $575.00 $1500.00 I Noise Sec. 401(1) -- Making unnecessary noise $287.00 $575.00 $1500.00 Sec. 401(2) -- Owner allow the making of unnecessary $287.00 $575.00 $1500.00 Sec. 401(3) -- Causing excessive noise $287.00 $575.00 $1500.00 Sec. 403 -- Vendor operating after 8 PM $155.00 $287.00 $575.00 Sec. 404 -- Operating equipment after 10 PM $155.00 $287.00 $575.00 Sec. 405 -- Perform construction after 10 PM $155.00 $287.00 $575.00 Sec. 406 -- Operating sound amplifying equipment $155.00 $287.00 $575.00 Sec. 409 -- Fail to produce special permit/permission $287.00 $575.00 $1500.00 Cannabis Sec. 50 -- Smoking or Vaping Cannabis in a Public Place | $1000.00 __| $1500.00 _| $2000.00 | Order to Remedy Sec. 606(2) -- Fail to comply with a written order $310.00 $465.00 $776.00 Sec. 605(3) -- Owner fail to comply with a written order $310.00 $465.00 $776.00 Sec. 705 -- Obstruct Peace Officer $310.00 $465.00 $776.00