Good Neighbour Bylaw No. 3156, 2017

Duncan, British Columbia · adopted 2017-04-27

This is the exact embedded text of the captured official document. Snapshot 7c1ac97f9fa6 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF DUNCAN GOOD NEIGHBOUR BYLAW NO. 3156, 2017 A Bylaw to reduce nuisances, disturbances, and other objectionable situations and thereby protect and enhance the well-being of the community in relation to good neighbour practices WHEREAS Council seeks to protect and enhance the well-being of the community by regulating and prohibiting nuisances, disturbances and other objectionable situations. NOW THEREFORE the Council of the City of Duncan in open meeting assembled, hereby ENACTS AS FOLLOWS: PART 1 - TITLE This Bylaw may be cited as the "Good Neighbour Bylaw No. 3156, 2017." PART 2 - DEFINITIONS Abutting Means to be next to or have common boundary with the front, back or sides of a property. Animal Has the same meaning as defined in the Community Charter. Bylaw Enforcement Officer Means every person designated by Council as a Bylaw Enforcement Officer, and includes every peace officer. City Means the City of Duncan Construction Noise Means any noises or sounds made on or associated with a construction site: (a) in carrying on work in connection with the construction, demolition, reconstruction, alteration, or repair of any building or structure; (b) in carrying on any excavation or other operation; or (c) in moving or operating any machine, engine, or construction equipment. Continuous Sound Means any noise or noises, other than Construction Noise, continuing for a period, or periods, totalling 3 minutes or more in any 15 minute period. Day Means the period of time from 7:00 am to 8:00 pm on each week day or Saturday and from 8:00 am to 8:00 pm on a Sunday or holiday. Derelict Motor Vehicle Means all or part of any wrecked vehicle or motor vehicle, which is: a) not capable of operating under its own power; b) not validly insured for use within the past 12 months; or c) not registered and licensed in accordance with provincial legislation. Disabled Person Means a person whose mobility is limited as a result of a permanent or temporary disability that makes it impossible or difficult to walk. Bylaw No. 3156, 2016 Page 2 of 12 Filth, Discarded Materials or Rubbish Includes any and all manner of garbage; discarded or disused materials; noxious, offensive or unwholesome matters; unused or derelict motor vehicles; unused boats, vessels, machinery, mechanical or metal parts; bottles; glass; brush; and noxious weeds or other weeds of any kind. Graffiti Means one or more letters, initials, symbols, marks, slogans, designs or drawings, howsoever made, on any sidewalk, wall, building, fence, sign or any other structure or surface but does not include any of the following: (a) a sign, public notice or traffic control mark authorized by the Director of Public Works and Development Services; (b) a sign authorized pursuant to the City's applicable bylaw provisions regulating signs; (c) a public notice authorized by a City bylaw, or by provincial or federal legislation. Highway Has the same meaning as defined in the Community Charter. Meter Means an instrument which is capable of measuring levels of sound pressure in accordance with the minimum requirements for either Type 1 (precision) or Type 2 (general purpose) sound level meters as specified in the American National Standards Institute standard for meters set out in S1.4-1983 as amended from time to time. Motor Vehicle Means a vehicle that is designed to be self-propelled and includes off- road vehicles, parts and equipment. Night Means the period of time from 8:00 pm on one day to 7:00 am on the next day and from 8:00 pm on one day to 8:00 am on the next day when the latter is a Sunday or holiday. Non-continuous Sound Means any noises or sounds other than Continuous Sound and Construction Noise. Noxious Weeds Includes those plants classed as noxious in the Weed Control Act and those listed in Schedule "A" to this bylaw. Nuisance Means an activity which substantially and unreasonably interferes with a persons' use and enjoyment of a public area or of a land he or she occupies or which causes injury to the health, comfort or convenience of an occupier of land and, if it does so, without limiting the generality of the foregoing, may include, an activity such as a noisy party, a group of people making noise, loud music, car racing, revving engines, yelling, shouting, screaming, fighting, littering, trespassing, illuminations, vibration, odour, accumulation of water or other liquids on a property, or unsightly or unsanitary conditions on property, or other objectionable situations. Nuisance Abatement Means works or services undertaken by the City to land or improvements to, abate, or cause to be abated, an activity or any matter that causes a nuisance. Occupier Has the same meaning as defined in the Community Charter. Open Place Means a highway or property where there are no buildings or structures. Owner Has the same meaning as defined in the Community Charter Bylaw No. 3156, 2016 Page 3 of 12 Pedestrian Means a person on foot, or a disabled person or child in a wheelchair or carriage Person Has the same meaning as defined in the Interpretation Act Point of Reception Means the place where a meter is located to measure the sound level from a source of noises or sounds. Power Equipment Means any equipment or machinery used in lawn and garden care or in building and property maintenance, including but not limited to, edge trimmers, rototillers, lawn mowers, pressure washers, carpet cleaning equipment, and hand operated power tools, but excludes leaf blowers. Property Means Real Property as defined in the Community Charter. Public Place Includes land owned by a public authority. Sidewalk Means the area between the curb lines or lateral lines of a highway and the adjacent property lines improved with a concrete surface for the use of pedestrians. Sound Level Means the meter reading or recording in decibels using an "A" weighted network at the slow response setting of the meter. Traffic Includes pedestrians, vehicles, cycles, and other conveyances, either singly or together, while using a highway for the purposes of standing or travel. Unsightly Means a property having any one or more of the following characteristics: (a) the accumulation of filth, discarded materials or rubbish, or graffiti; (b) fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; (c) landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged; (d) a lowering in quality of the condition or appearance of a building or structure or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay or neglect or excessive use or lack of maintenance; or (e) any other similar conditions of disrepair and deterioration regardless of the condition of other properties in the neighbourhood. PART 3 - GRAFFITI 3.1 No person shall place graffiti, or cause graffiti to be placed on, or displayed from, any wall, fence, sidewalk, building, sign or any other structure or surface in any street, public place, or on property adjacent to a street or public place. 3.2 Every owner or occupier of property, or their agents, shall at all times keep any wall, fence, building, structure or thing that is located on such property and adjacent to a street or public place free of graffiti. Bylaw No. 3156, 2016 Page 4 of 12 PART 4 - LITTER 4.1 No person shall dispose of any filth, discarded materials or rubbish, cartons, packages, bottles, broken glass, cans, cigarette butts, dead animal or any other substance or thing upon any highway, property, or public place. 4.2 A person must not allow any substance or thing to fall, flow or drift onto any public road, street, lane, highway or property from any property owned or occupied by that person or her, or allow any substance or thing to fall upon any public thoroughfare or property from any vehicle. PART 5 - NOISE REGULATIONS 5.1 General Regulations: 5.1.1 No person shall make or cause, or permit to be made or caused, any noise or sound which: (a) disturbs or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; or (b) exceeds the sound levels prescribed in this Bylaw. 5.1.2 No owner or occupier of property shall allow the property to be used so that noise or sound which emanates from the property; (a) disturbs or is liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; or (b) exceeds the sound levels prescribed in this Bylaw. 5.1.3 Despite compliance with Part 5.2, a person may be found in violation of sections 5.1.1 or 5.1.2. 5.2 Prohibited Types of Noise Without limiting the generality of section 5.1.1 to 5.1.3 the following noises or sounds are deemed to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public and are prohibited. No owner or occupier shall permit: 5.2.1 Animal Noise: Any noises or sounds created by an animal, the occurrence of which extends for fifteen (15) minutes or more within 1 hour, which can be heard by a person from any property. 5.2.2 Construction Noise: (a) before 7:00 am or after 8:00 pm on a weekday that is not a holiday; (b) before 8:00 am or after 8:00 pm on a Saturday; and (c) before 9:00 am or after 7:00 pm on a Sunday, or a holiday. Bylaw No. 3156, 2016 Page 5 of 12 5.2.3 Leaf Blower Noise: (a) before 8:00 am or after 8:00 pm on a weekday that is not a holiday; and (b) before 9:00 am or after 5:00 pm on a Saturday, Sunday or holiday. 5.2.4 Loading or Unloading of Goods, materials, waste or garbage by any means: (a) before 7:00 am or after 8:00 pm on a weekday that is not a holiday; (b) before 8:00 am or after 8:00 pm on a Saturday; and (c) before 9:00 am or after 7:00 pm on a Sunday, or a holiday. 5.2.5 Miscellaneous Noise: Any noises or sounds, the occurrence of which extends for fifteen (15) minutes or more within 1 hour which can be heard by a person from any property created by: (a) a radio, record, tape, disc player, television set, or other instrument or apparatus for the production or amplification of such; or (b) a burglar alarm or security system. 5.2.6 Motor Vehicle Noise: Any noises or sounds produced within or outside a motor vehicle and created by the following: (a) engine or exhaust noises or sounds that are loud, roaring or explosive; (b) a horn or other warning device except when authorized by law; (c) operating in such a manner that the tires squeal, except during emergency braking to avoid an accident; (d) a load or tow of a motor vehicle which causes a banging, clanking, squealing, or other like noise or sound due to improperly secured load or equipment, or inadequate maintenance; or (e) a radio, television, CD player or other sound playback device, amplification equipment, or a musical instrument, which can easily be heard by a person outside the motor vehicle. 5.2.7 Power Equipment Noise: (a) before 8:00 am or after 8:00 pm on a weekday that is not a holiday; (b) before 8:00 am or after 8:00 pm on a Saturday; and (c) before 9:00 am or after 5:00 pm on a Sunday, or a holiday. 5.2.8 Public Address System: Any noises or sounds resulting from the operation of a public address system outside of a building or structure. 5.2.9 Continuous Sound: In addition to the noises or sounds described in section 5.2.1 through 5.2.8, any continuous sound that exceeds the following sound levels at the point of reception is prohibited: Sound Level (a) during the Day 55 dBA (b) during the Night 45 dBA Bylaw No. 3156, 2016 Page 6 of 12 5.2.10 Non-Continuous Sound: In addition to the noises or sounds described in section 5.2.1 through 5.2.8, any non-continuous sound that exceeds the following sound levels at the point of reception is prohibited: Sound Level (a) during the Day 80 dBA (b) during the Night 65 dBA 5.3 Exceptions 5.3.1 Leaf Blower and Power Equipment Sound Levels Despite any other provision of this Bylaw, a person may, when using or operating a leaf blower (as outlined in 5.2.3) or power equipment (as outlined in 5.2.7), make or cause a sound or noise that exceeds the sound level limits if the equivalent sound level does not exceed 75 dBA on an approved sound meter when received at the greater of the following distances from that leaf blower or power equipment: (a) at the point of reception; or (b) 15.2 m (50 ft.) 5.3.2 Construction Noise Despite any other provision of this Bylaw, and except work carried out within a street, a person must not at any time, in or adjacent to any property, make or cause sound or noise resulting from construction, the equivalent sound level of which exceeds 85 dBA on an approved sound meter when measured at the greater of the following distances from that source of sound or noise: (a) at the point of reception; or (b) 15.2 m (50 ft.) 5.3.3 A person may submit an application to the Chief Administrative Officer for an exemption from the provisions of this Bylaw for construction work if it is impossible or impractical to comply with section 5.2.2 or 5.3.2. An application for an exemption must be in writing and must contain all of the following: (a) the name, address and telephone number of the applicant; (b) the civic address of the location of the works; (c) the building permit number, if applicable; (d) the reasons for the requested exemption; (e) a description of the source of noise in respect of which the exemption is sought; (f) the exact period of time for which the exemption is requested; and (g) a statement of the measures planned or presently being taken to minimize the sound or noise created. 5.3.4 An application for an exemption must be submitted to the City at least 10 business days before construction work commences. 5.3.5 The Chief Administrative Officer may reduce the time limit within which an application is required to be made under subsection 5.3.3 in the event of an emergency or other unforeseen circumstance. Bylaw No. 3156, 2016 Page 7 of 12 5.4 Exclusions: Part 5 of this bylaw does not apply to: 5.4.1 police, fire or other emergency personnel vehicles and equipment in relation to an emergency; 5.4.2 vehicles and equipment used to make emergency repairs to public utilities and services; 5.4.3 transit buses operated by a public authority; 5.4.4 work carried out by officers, employees or agents of the City. 5.4.5 the use of an apparatus or mechanism for the amplification of a human voice or music in a public park, public facility or square in connection with a public meeting, concert, public celebration, athletic or sports event, parade, ceremony, or other public gathering, if: (a) that gathering is held under a permit issued by the City; (b) that gathering has received prior approval under section 4.5; (c) if the noise produced by that gathering does not exceed 90 dB when received at a point of reception or such other lower sound level specified in the permit or approval; (d) the use of bells by churches and the City's Clock Tower; or (e) emergency repairs to buildings that cannot reasonably be delayed until normal working hours. 5.5 Location of Point of Reception For the purpose of enforcing this bylaw, measurement of sound levels shall be made: 5.5.1 in the case of noises or sounds in or on a highway, in a public park or in another public place, from a point of reception not less than 5 metres from the noises or sounds; 5.5.2 in the case of noises or sounds created by construction noise, from a point of reception on any property, not including the property on which the construction is taking place; or 5.5.3 in all other cases, from a point of reception not on the property upon which the source of the noise or sound is located. PART 6 - PANHANDLING REGULATIONS 6.1 Panhandling For regulations regarding panhandling, refer to the City's Panhandling Bylaw. Bylaw No. 3156, 2016 Page 8 of 12 PART 7 - SMOKE 7.1 Nuisance Smoke For regulations regarding nuisance smoke, refer to the City's Wood Burning Appliances and Air Quality Bylaw. PART 8 - REMOVAL OF SNOW, ICE, DIRT, LEAVES AND OTHER FILTH, DISCARDED MATERIALS OR RUBBISH 8.1 Snow, Ice, Dirt, Leaves and Other Filth, Discarded Materials or Rubbish Removal 8.1.1 Every owner and occupier of property must remove and keep clear at all times leaves, other foliage, filth, discarded materials or rubbish from any sidewalk abutting the property. 8.1.2 Every owner or occupier of property must not place snow, leaves, dirt, or other foliage, filth, discarded materials or rubbish from their property, or from a sidewalk, onto City property or any travelled portion of any sidewalk or highway. 8.1.3 Every owner and occupier of property must remove all snow or ice for the full width of any sidewalk abutting the property by 10:00 am each morning, seven days a week. 8.1.4 Every owner or occupier or property must not use equipment to clear snow, ice, leaves, dirt, other foliage, filth, discarded materials or rubbish from any sidewalk which could cause damage to the sidewalk or highway due to the weight of the equipment or sharp edges that could cause abrasions or scrapes to the sidewalk or highway. 8.1.5 Every owner or occupier of property must remove, from all roofs, gutters, cornices, awnings, canopies, or any other part of a structure located on that land, snow, ice, leaves, dirt, other foliage, rubbish or debris that is hazardous to the use of an adjacent highway or sidewalk. PART 9 - UNSIGHTLY PROPERTY 9.1 Prohibition: 9.1.1 No owner or occupier of property shall cause, permit or allow such property to become or remain unsightly. 9.1.2 No owner or occupier of property within the City shall cause, permit, or allow water, filth, discarded materials, or rubbish, and any conditions that are health, fire or other hazards to collect or accumulate around their property. 9.1.3 No person shall deposit filth, discarded materials or rubbish in any open place. 9.1.4 Owners or occupiers of property, or their agents, shall prevent infestation by caterpillars and other destructive insects and shall clear the property of caterpillars and other destructive insects. 9.1.5 Owners or occupiers of property, or their agents, shall remove any unsightly accumulation of filth, discarded materials, or rubbish. Bylaw No. 3156, 2016 Page 9 of 12 9.2 Property Standards: 9.2.1 Owners or occupiers, or their agents, shall keep all property clean and free from dilapidated, collapsed or unfinished structures. 9.2.2 Owners or occupiers, or their agents, shall carry out all construction conducted on the property in a tidy and orderly fashion, and all construction materials and equipment shall be properly stored when not in use. 9.2.3 Unless it is lawfully permitted, owners or occupiers, or their agents, shall not park, store or leave on the property, mechanical equipment, a motor vehicle, trailer, or boat, or remnant or any part of them, that is in a wrecked, discarded, dismantled or in an inoperative condition. 9.2.4 Where grass forms part of the ground cover on property, owners or occupiers, or their agents, shall maintain it at a height of not more than 20 centimetres. 9.2.5 Owners or occupiers, or their agents, shall keep trimmed and not overgrown all trees and hedges on property. 9.2.6 Owners or occupiers of property, or their agents, must remove from the property, dead, diseased, decayed or damaged limbs or branches, or otherwise prune to remove the dead, diseased, dying or dangerous portions of the tree or plant. 9.3 Weeds: 9.3.1 Owners or occupiers of property, or their agents, must not allow noxious weeds to be present on that property. 9.3.2 Owners or occupiers of property, or their agents, must not allow landscaping (including all plants and weeds) on the property that: (a) because of their condition, are likely to spread or become a nuisance to other property in the vicinity; or (b) are so unkempt as to be unsightly to other residents. PART 10 - COMPLIANCE ORDER 10.1 Where a Bylaw Enforcement Officer observed that a person has failed to perform any obligations pursuant to the provisions of this bylaw, the Bylaw Enforcement Officer may issue to such person an Order to Comply with the requirements of this Bylaw. 10.2 Service of an Order to Comply referred to in Section 10.1 will be sufficient if a copy of the order is: a) Mailed, by registered mail, to the address of the owner shown on the last revised real property assessment rolls; b) Delivered to the owner or an occupier of the property, or placed in a mailbox, or other receptacle for the receipt of mail, on the property; or c) Posted on the property. Bylaw No. 3156, 2016 Page 10 of 12 10.3 An Order to Comply under section 10.1 must state: (a) the civic address of the subject property; (b) the legal description of the subject property; (c) the particulars of the unsightly nature of the property or other non-compliance with this Bylaw to be remedied; and (d) the deadline for remedying the unsightly nature of the property or other non- compliance with this Bylaw. 10.4 Orders to Comply issued under Section 10.1 herein may give specific instructions to remedy the unsightly nature of the property or other non-compliance with this Bylaw. 10.5 If the owner or occupier of property fails to comply with the Bylaw Enforcement Officer's Order to Comply within the time period specified, the City, by its workers or others, may at all reasonable times and in a reasonable manner, enter the real property and bring about such compliance at the cost of the defaulting owner. Such costs shall consist of all costs and expenses incurred by the City to achieve compliance with this Bylaw including, within limitation, administrative costs, costs to attend the property by City employees or its contractors and the costs of removal, clean up and disposal of filth, discarded materials or rubbish. 10.6 If the owner or occupier of property defaults in paying the cost referred to in section 10.5, to the City within 30 days after receipt of an invoice from the City, the City may either recover from the owner or occupier in any court of competent jurisdiction the cost as a debt to the City, or direct that the amount of the cost be added to the property tax roll as a charge imposed in respect of work or service provided to the property of the owner, and be collected in the same manner as property taxes. 10.7 Service of an invoice for payment referred to in Section 10.6 will be sufficient if a copy is served personally, or mailed by regular mail, to the owner of the property as shown on the current year's property assessment roll. PART 11 - ENFORCEMENT AND PENALTY 11.1 The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer. 11.2 Every Bylaw Enforcement Officer is authorized to enforce this Bylaw, and, for that purpose, may enter at all reasonable times any property to ascertain whether the provisions of this Bylaw are being observed. 11.3 Every person who contravenes or violates any provision of this Bylaw, or who suffers or permits any act or things to be done in contravention or in violation of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence and, upon conviction, shall be liable to a fine or penalty of not less than $100, and not exceeding $10,000, plus the cost of prosecution. 11.4 Where an offence under this Bylaw is of a continuing nature, each day that the offence continues or is permitted to exist shall constitute a separate offence. 11.5 Section 11.3 shall not prevent the City or an authorized person on behalf of the City issuing and enforcing a ticket under the City's Bylaw Offence Notice Enforcement Bylaw and/or the City's Municipal Ticket Information System Implementation Bylaw. Bylaw No. 3156, 2016 Page 11 of 12 PART 12 - COST RECOVERY AND COLLECTION - REPEAT NUISANCE CALLS 12.1 The owner of the property shall be liable to pay a nuisance abatement fee in accordance with the City of Duncan Fees and Charges Bylaw where a Bylaw Enforcement Officer, Fire Department personnel, or other City employee is required to respond to a property for more than: (a) one nuisance service call within a twenty-four (24) hour period; or (b) two nuisance service calls within a twelve (12) month period. . 12.2 The City may recover the costs of abating a nuisance from one or more of the following: (a) a person causing the nuisance; (b) the occupier of land from which the nuisance emanates; or (c) the owner of land from which the nuisance emanates. 12.3 Before imposing a nuisance abatement fee, written notice shall first be provided to the owner of the property: (a) describing in reasonable detail the nature of the nuisance conduct, activity or condition that occurred, or was maintained or permitted in, on or near the property; and (b) advising the owner that nuisance abatement fees will be imposed for each additional nuisance service call to the same property and that the imposition of such fees is in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance. 12.4 Nuisance abatement fees shall be paid by the owner on receipt of an invoice from the City. If the amount of each invoice is not paid in full before the 31st of December in the year received, the amount shall be added to and form part of the taxes on the real property, as taxes in arrears. 12.5 All charges as set out in this bylaw are in addition to and distinct from any fine assessed through the issuance of a municipal ticket under the Bylaw Offence Notice Enforcement Bylaw, the Municipal Ticket Information System Implementation Bylaw, or a penalty under the Offence Act. Part 13 - SEVERABILITY 13.1 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder of the bylaw. PART 14 - REPEAL 14.1 The Unsightly Premises Bylaw No. 1591, 1990 and Noise Bylaw No. 1423, are to be repealed upon adoption of this bylaw. PASSED FIRST READING 2017-APR-18 PASSED SECOND READING 2017-APR-18 PASSED THIRD READING 2017-APR-18 ADOPTED 2017-APR-24 _____________________ ___________________________ Phil Kent, Mayor Karen Robertson, Director of Corporate Services Bylaw No. 3156, 2016 Page 12 of 12 SCHEDULE "A" NOXIOUS WEEDS Blessed Milk Thistle (Silybum marianum) Butterfly Bush (Buddleja) Carpet Burweed (Soliva sessilis) Dandelion (Taraxacum) Daphne/Spurge Laurel (Daphne laureola) Kudzu (Pueraria montana var. lobate) Poison Hemlock (conium maculatum) Russian Knapweed (Centaurea repens L.) Scotch Broom (Cytisus scoparius) Scotch Thistle (Onopordum acanthium) Sow thistle perennial (sonchus arvensis) Spartina (Spartium junceum) Wild Parsnip (Pastinaca sativa)