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Nuisance Bylaw No. 134
DISTRICT OF BARRIERE
BY-LAW NO. 134
A BY-LAW TO PREVENT, ABATE AND PROHIBT NUISANCES
WHERAS, pursuant to the Community Charter, Council may, by By-law, prevent, abate and prohibit
nuisances and provide for the recovery of the cost of abatement of the nuisance from the person causing the
nuisance or other persons described in the bylaw, including, without limitation, in relation to animals,
deposit and accumulation of snow, dust, and any other matter that unreasonably interferes with the rights of
other persons to use and enjoy private and public property.
Now therefore, the District of Barriere, in open meeting assembled, enacts as follows:
1.
This by-law may be cited as "Nuisance Bylaw No. 134".
2.
DEFINITIONS AND INTERPRETATION
(a)
Where a word is used in this by-law, but is not defined specifically or by context, it shall
be interpreted by reference to the Interpretation Act and the Community Charter.
(b)
In this by-law, unless the context otherwise requires:
"Animal" means an animal of any species;
"District" means the District of Barriere;
"Person" includes any individual, firm, company, association, society, corporation,
group, or municipality;
"Property" means real property, and includes land, other than a highway, together with all
improvements which have been so affixed to the land as to make them in fact
and in law a part thereof; and
"Street" includes all public streets, roads, ways, trails, lanes, bridges, trestles, and any
other public way or right-of-way designed or intended for or used by the general
public for the passage of vehicles,
(c)
If a division, section, subsection, sentence, clause, or phrase of this by-law is for any
reason held to be invalid by the decision of a court of competent jurisdiction, it shall be
severed and such decision shall not affect the validity of the remaining portions of this
by-law.
3.
GENERAL REGULATION
(a)
No person being the owner or occupier of any lands within the District shall cause, permit
or suffer such lands to become a nuisance nor shall any such owner or occupier cause
permit or suffer any building, structure or erection of any kind or any pond, excavation,
pile or other matter or thing in or on such land to become a nuisance.
4.
DUST CONTROL
(a)
Every person being the owner or occupier of any lands ,
(i)
shall apply water or another dust suppressant as needed to any unpaved parking
or not landscaped property in order to prevent the emission of dust that is liable
Nuisance Bylaw No. 134
to unreasonably interfere with the rights of other persons to use and enjoy
private and public property.
5.
SNOW REMOVAL FROM PRIVATE PROPERTY
(a)
No person shall,
(i)
deposit snow removed from private property on to any right of way so that it
impedes the visibility of vehicle or pedestrian traffic.
(ii)
deposit snow on any highway or street.
6.
ANIMALS
(a)
No person shall permit or allow any animal under their care or control to cause or create
an unreasonable nuisance.
7.
ENFORCEMENT
(a)
The District may issue a notice in writing, in addition to any other penalty provided
herein and whether or not any prosecution under this bylaw has been commenced, to any
person in contravention of any section of this bylaw requiring any owner or occupier of
land to abate a nuisance occurring thereon in the manner and within the period of time
described in the notice.
(b)
If a person fails to comply with the requirements set out in a notice issued under section
7(a) of this Bylaw, the District by its employees or authorized agent may, in addition to
any other penalty provided herein and whether or not any prosecution under this bylaw
has been commenced, enter upon the lands of such owner or occupier to abate the
nuisance at the expense of the owner or occupier and the charges for so doing, if unpaid
on the 31st day of December next following, shall be added to and form part of the taxes
payable in respect of such real property as taxes in arrears.
8.
OFFENCES AND PENALTIES
(a)
No person shall do any act, or permit any act or thing, to be done in contravention of this
by-law.
(b)
Every person who violates any provision of this by-law, or who permits any act or thing
to be done in contravention of this by-law, or who fails to do any act or thing required by
this by-law, shall be deemed to have committed an offence against this bylaw, and:
(i)
shall be subject to the enforcement set out under Section 7 of this bylaw; or
(ii)
shall be liable to a fine set out in the District of Barriere Bylaw Notice
Enforcement Bylaw; or
(iii)
shall be liable, upon summary conviction, to the penalties provided under the
Offence Act; or
(iv)
Any combination of the above.
(c)
Each day that an offence against this by-law continues shall be deemed a separate and
distinct offence.
Nuisance Bylaw No. 134
(d)
Any penalty imposed pursuant to this by-law shall be in addition to, and not in
substitution for, any other penalty or remedy imposed pursuant to any other applicable
stature, law, or legislation.
READ FOR A FIRST TIME the
2nd
day of May, 2016.
READ FOR SECOND TIME the
16th
day of
May, 2016
READ FOR A THIRD TIME the 16th
day of May, 2016
ADOPTED this
6th day of June, 2016.
Virginia Smith, MAYOR
Colleen Hannigan, CAO