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Village of Keremeos
Good Neighbour Bylaw No. 810
Consolidated April 19, 2023
Table of Contents
PART 1 GENERAL ...................................................................................................................
..2
CITATION...............................................................................................................................................
..2
DEFINITIONS........................................................................................................................................
..2
DESIGNATION .....................................................................................................................................
..2
PART 2 PROPERTY MAINTENANCE......................................................................................
..3
PRIVATE PROPERTY .........................................................................................................................
..3
PRIVATE & PUBLIC PROPERTY ......................................................................................................
..3
BOULEVARD & LANE MAINTENANCE ..........................................................................................
..3
SNOW REMOVAL ................................................................................................................................
..4
EXEMPTIONS (PROPERTY MAINTENANCE) ...............................................................................
..4
NOTICE (PROPERTYMAINTENANCE).................................................................................................
..4
FAILURE TO COMPLY (PROPERTY MAINTENANCE).....................................................................
..5
APPEAL .................................................................................................................................................
..5
PART 3 LITTERING..................................................................................................................
..6
PART 4 HEALTH REGULATIONS ...........................................................................................
..6
PART 5 FIREARMS, BOWS & FIREWORKS...........................................................................
..6
EXEMPTIONS (FIREARMS & BOWS) .............................................................................................
..6
PART 6- NOISE REGULATIONS .............................................................................................
..7
EXEMPTIONS
--- NOISE REGULATIONS.........................................................................................
..8
SPECIAL PROVISIONS AND EXEMPTIONS .................................................................................
..8
PART 7 REPEAT NUISANCE SERVICE CALLS .....................................................................
..8
PART 8 ENFORCEMENT AND OFFENCE ..............................................................................
..9
PART 9 PENALTY..................................................................................................................
..10
PART 10 INTERPRETATION AND REPEAL..........................................................................
..10
Repeal ....................................................................................................................................
..10
VILLAGE OF KEREMEOS
GOOD NEIGHBOUR BYLAW
NO. 810
A by/aw to regulate firearms and other weapons, nuisances, disturbances and other
activities or things that may be considered
a nuisance, disturbance
or other
objectionable
situation or that do not protect or enhance the well-being of the community.
WHEREAS
Council
deems
it desirable
to
regulate
nuisances,
disturbances,
or
other
objectionable situations, on private or public property;
AND WHEREAS the Community Charter provides that Council may, by bylaw, regulate, prohibit
and impose
requirements
in relation to public places;
bows and arrows; the protection and
enhancement
of the well-being of its community in relation
to nuisances,
disturbances,
and
other objectionable situations; public health; and
buildings and other structures;
AND WHEREAS
the Community
Charter
provides that Council may,
by bylaw, regulate
or
prohibit in relation to the discharge of firearms;
NOW THEREFORE the Council of the Village of Keremeos
in open meeting assembled enacts
as follows:
PART 1 GENERAL
CITATION
1.1
This Bylaw may be cited as "Good Neighbour Bylaw No.810."
DEFINITIONS
1.2
Definitions for this bylaw are included in Schedule "A"attached to and forming part of this
PART 2 PROPERTY MAINTENANCE
PRIVATE PROPERTY
2.1
No owner of real property shall cause, suffer or permit:
a)
water,
rubbish,
noxious,
offensive,
or
unwholesome
matter
to
collect
or
accumulate on the real property;
b)
rubbish to overflow from or accumulate around any container situated on the real
property;
c)
the real property to become or remain unsightly;
d)
the accumulation
of dead
landscaping,
vegetation,
weeds,
noxious weeds
or
other growths to occur or to remain on the real property;
e)
graffiti to remain on the real property; or
f)
the storage
or accumulation
of a derelict vehicle or derelict vehicles
unless
stored in an enclosed building or structure.
PRIVATE & PUBLIC PROPERTY
2.2
Noierson
shall:
8)
b)
place graffiti or allow graffiti to remain on private property, buildings, structures of
any kind, including fences or streets on or adjacent to any public real property;
deposit or throw bottles, broken glass or other rubbish in any open place upon
private or public property;
oi
abandon a vehicle on a street or public right of way;
d)
6)
1')
cause, suffer, or permit rubbish to blow or otherwise be carried from the real
property onto a public place, public area, or other private property;
allow a flow of water from a hose, eave or similar devise on the premise to be
directed towards an adjacent private or public property such that the water is
accumulating on the adjacent properties; or
allow surface water to drain towards or onto adjacent private or public property.
BOULEVARD & LANE MAINTENANCE
2.3
Every owner of real property shall maintain the entire width of the sidewalk or boulevard,
and lane within one (1) metre of their property, adjacent to their real property and without
limitation shall:
a)
remove accumulations
of filth, leaves, rubbish, discarded
materials, hazardous
objects and materials that obstruct a drainage facility;
b)
remove
all filth leaves,
rubbish, discarded
materials,
hazardous
objects
and
materials from all boulevards and sidewalks;
2.4
Bylaw, every owner of real property shall sweep the sidewalks in front of and
adjacent to the real property and remove all accumulations of filth, leaves, rubbish,
discarded
materials,
and
hazardous
objects
and
materials
from
adjacent
sidewalks no laterthan 10:00 AMeach day.
No person shall deposit filth, leaves, rubbish, discarded materials, or hazardous objects
or materials removed from sidewalks, boulevards,
lanes, or private property onto Village
property or highways.
SNOW REMOVAL
2.5
2.6
2.7
2.8
Every owner of real property in a residential area, as defined in the Village's Zoning Bylaw,
shall remove
all snow or ice from all sidewalks
bordering the real property
before
6:00 PM each day.
Every owner of real property in a commercial area, as defined in the Village's Zoning
By/aw, shall remove all snow or ice from all sidewalks bordering the real property no later
than 10:00 AM each day.
Every owner of real property is required to remove snow or ice from the roof or other part
of any structure on the property within 24 hours of the cessation of any snowfall or storm
event that cause the accumulation, where the location of that structure is such that it is
reasonable
to expect that the snow or ice on it may fall onto any street.
No person shall deposit snow, ice or other material removed from sidewalks, boulevards,
lanes, or private property onto Village property or highways.
EXEMPTIONS (PROPERTY MAINTENANCE)
2.9
2.10
Where real property is assessed
as farm land, it shall not be considered
to be unsightly
by reason
of accumulation
of stored
materials
if those materials are incidental to the
operation of a farm.
Where real property is used for industrial or commercial purposes
and zoned as such,
and where the nature ofthe business carried on therein requires accumulation or materials
that could be considered discarded,
but which are necessary
for the operation of said
business,
it shall not be considered
to be unsightly by reason
of such
accumulation if
such materials are stored within a screened area so as to not be visible from the outside
of the real property.
NOTICE (PROPERTYMAINTENANCE)
b)
either posted on the real property or delivered or mailed by regular mail to the
occupier of the real property.
2.13
Notice issued under section 2.11 a) must state:
a)
the civic address of the subject real property;
b)
the legal description of the subject real property;
c)
the particulars of the unsightly nature of the real property or other non-compliance
with the Bylaw to be remedied;
d)
the time period in which the unsightly nature
of the property
or other non~
compliance must be remedied; and
e)
the Vi||age's remedial action(s)
if the property remains
unsightly after the time
period given for compliance.
2.14
All owners of real property shall comply within 7 days of the dateof such notice for
owners that reside within the Village and within 10 days of the date of such notice for
those that reside outside of the Village. When a Notice is personally served, it will be
deemed
to have been served that day and when a Notice is not personally served it is
deemed to have been served on the third day after mailing or posting.
2.15
Properties that become unsightly again within 15 days of compliance with this Bylaw are
deemed to have remained unsightly.
FAILURE TO COMPLY (PROPERTY MAINTENANCE)
2.16
Ifwithin the time period specified in the Notice, the requirements
in the Notice have not
been complied with, then:
a)
Ifan owner or person to whom a notice has been issued fails to comply with such
notice, the Village may do or cause
to be done such acts and things as are
necessary
to fulfillthe requirements
of the notice (including entering on the real
property, ifrequired), at a cost of the defaulting owner or other responsible
person.
Such costs
shall consistof all costs and expenses
incurred by the Village to
achieve
compliance
with this Bylaw including, without limitation, administrative
costs, costs to attend the property by Village employees or its contractors and the
costs of removal, clean up, storage and disposal.
The CAO shall certify all costs
incurred by the Village in performing any such obligations, and such costs shall
constitute a debt due and owing.
b)
if the owner of real property defaults in paying to the Village the costs referred to
in section
2.16 a) and the said account
remains
unpaid
on the last day in
the calendar year in which the remedial work was done, the cost shall be added
appeal by confirming, amending or rescinding the Notice.
PART 3 LITTERING
3.1
No person shall:
a)
leave, scatter, dump or dispose of any rubbish, paper, litter, cigarette butt, glass or
any other material either solid or liquid in any public place;
b)
stamp, paint, post, affix or otherwise place or distribute any bill, poster, notice or
advertisement
on any
public property
without first having
obtained
written
permission from the Village;
c)
expectorate,
spit saliva, spit tobacco, spit chewing gum, or any other substance
in
any public place; or
d)
deface, injure or damage any property or equipment owned by or in the care of the
Village in any public place.
PART 4 HEALTH REGULATIONS
4.1
No person shall urinate,defecate, deposit or void any urine or excrement
in any location
within the Village, whether public or private, other than directly into a toilet which is:
a)
connected to a municipal sanitary sewer system;
b)
connected
to a sewage
treatment system constructed
according to requirements
of the Provincial Sewerage
System Regulations;
c)
a self-contained chemical toilet; or
cl)
a recreational vehicle toilet connected to a holding tank.
4.2
No owner
shall permit or cause
water
to collect or accumulate
in an open
drain,
watercourse,
pond, swimming pool, hot tub or as surface water which could become
sufficiently stagnant
as to permit the breeding
of mosquitoes
that may result in the
spread
of the West
Nile Virus or of other harmful disease
bearing insects as deemed
affecting public safety as determined by the Medical Health Officer.
PART 5 FIREARMS,BOWS & FIREWORKS
5.1
No person shall discharge any firearm or bow withinthe Village.
EXEMPTIONS (FIREARMS & BOWS)
5.2
The provisions in Section 5.1 do not apply to:
a)
peace officers required to discharge firearms in the line of duty; and
b)
designated
officials of the Ministry of Environment Conservation
Officer Service,
within the limits of the Village, shall do so only with due regard for the safety and security
of other residents, visitors and occupants of the Village.
a)
5.4
No person shall sell, discharge or explode any fireworks within the Village of Keremeos
without written notification to the Fire Chief provided 48 hours in advance of the discharge
or exploding of fireworks.
The Fire Chief may impose terms and conditions as deemed
necessary.
PART 6- NOISE REGULATIONS
6.1
General Prohibitions:
3)
no person shall make or cause, or permit to be made or caused,
any noise in or
on a highway or other public place in the Village which disturbs or tends to disturb
the quiet, peace,
rest, enjoyment,
comfort or convenience
of any person or
persons in the neighbourhood or vicinityof that place.
no owner shall allow or permit such real property to be used so that noise or
sound which occurs on it or emanates
from it, disturbs or tends to disturb the
quiet, peace, rest, enjoyment, comfort or convenience
of any person on the same
property or in the neighbourhood or vicinityof that property.
3>
6.2
Specific Prohibitions:
Without limitingthe generality of Section 6.1 (general prohibitions):
8)
b)
0|)
no owner or person shall play or operate, or permit any other person to play or
operate, any radio, stereophonic
equipment or other instrument or any apparatus
for the production or amplification of sound either in or on private premises or on
any street or other public place in such a manner as to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of any persons in the neighbourhood
or
vicinity of the real property;
subject to subsection
6.3 e), no person shall own, keep or harbor any animal or
bird, which by its cries or sounds,
unduly disturbs the peace,
quiet, rest or
tranquility of the surrounding neighbourhood
or of persons in the vicinity;
no person may operate, or cause, suffer or permit the operation of any motorized
lawn-grooming or garden equipment in the Village before 7:00 AM or after 10:00
PM daily;
no owner or person
shall before 6:00 AM or after 10:00 PM construct,
erect,
reconstruct,
alter, repair or demolish, or permit any other person to construct,
erect, reconstruct, alter, repair or demolish, any building, structure
or thing, or
excavate
or fillin land in any manner which causes
noise or sounds in or on any
EXEMPTIONS
--- NOISE REGULATIONS
6.3
Despite anything contained in this Bylaw, no person shall be guilty of an infraction of this
Part while:
a)
b)
operating Fire Department,
Police, or Ambulance vehicles while in the execution
of their duties;
operating any motor vehicle, generator,
machinery or other apparatus
or thing
during an emergency
or for a public purpose
or in furtherance
of the public
interest
including snow removal,
water main and sewer main repairs and civil
defense exercises;
performing works of an emergency
nature for the preservation
or protection of life,
health or property, provided that the onus shall be on the person performing the
work to show cause that the work was of an emergency
nature;
lawfully carrying on a trade or industry at a commercial, industrial or light industrial
zoned area, provided that the sound or noise does not exceed the sound or noise
common to such trade or industrywhencarried out in accordance
with generally
accepted
industry
standards
using equipment
and facilities in good operating
order;
carrying out farm operations conducted in accordance
with normal farm practices
under the Farm Practices Protection (Right to Farm) Act,'
operating residential household equipment including, but not limited to, pool pump
motors, air conditioning units, exhaust
fans, hot tub pumps,
provided that the
sound or noise does not exceed the sound or noise generally common to such
household
equipment
when
in good
operating
order
and
being
used
in
accordance with generally accepted standards;
participating
in a parade
that is proceeding
lawfully with the permission of the
Village;
performing
regular
highway
maintenance,
construction,
re-construction
and
rehabilitation
» activities,
authorized
by
the
Ministry
of
Transportation
&
Infrastructure conducted
by its employees,
authorized representatives,
agents,
contractors and sub-contractors; or
performing regular maintenance, construction, repairs, sanding, street washing by
the employees
or contractors of the Village.
SPECIAL PROVISIONS AND EXEMPTIONS
6.4
Mobile Public Address
Systems:
No person
may
operate
a
mobile public
address
system
without first obtaining
permission
from the Village.
7.3
7.4
7.5
7.6
7.7
excessive
nuisance abatement fee in accordance with the amounts prescribed in the Fees
and Charges
By/aw # 795, 2012.
Despite section 7.2 of this bylaw, where legal title to the real property is transferred,
nuisance service calls occurring before the date the new owner obtains legal title to the
real property shall not apply to the determination under section 7.2 of this bylaw whether
excessive
nuisance
abatement fees are payable or with respect to the amount that is
payable.
Before imposing an excessive
nuisance
abatement
fee, written notice shall first be
provided to the owner of the real property; and
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 real
property; and
b)
Advising the owner that excessive
nuisance
abatement
fees will be imposed for
each additional nuisance service call response to the same real property withinthe
twelve (12) month period following the date of the notice; and
c)
Advising the owner that the imposition of such fees is in addition to the Village's
right to seek other legal remedies or actions for abatement of the nuisance.
Serving of the Notice referred to in Section 7.4 willbe sufficient ifthe notice:
a)
Inthe case of service on an individual, is served personally or mailed by registered
mail to an address
of the owner; or
b)
In the case of service on a corporation, is served personally on a director, officer
or manager
of the corporation or by leaving it at or mailing it by registered
mail to
the registered office of the corporation.
Excessive
nuisance
abatement
fees shall be paid by the owner on receipt of an invoice
from the Village.
If the amount of each invoice is not paid in full before the 315'day of
December in the year received, on written notice to the owner, the amount shall be added
to and form part of the taxes on the real property, as taxes in arrears.
An owner may, within 30 days of receipt of an invoice demanding
payment of excessive
nuisance abatement
fees, require that Council reconsider the requirement to pay, or the
amount of, the excessive
nuisance abatement fees, at which time the owner of the real
property shall have an opportunity to be heard by Council.
PART 8 ENFORCEMENT AND OFFENCE
8.3
8.4
9.1
9.2
10.1
Repeal
10.2
10.3
10.4
10.5
Read a
provision of this Bylaw, or suffers or allows any other person to do any act or thing
which violates any provision of this Bylaw;
b)
neglects to do or refrains from doing anything required to be done by any provision
of this Bylaw; or
c)
fails to comply with an order, direction, or notice given under any provision of this
Bylaw, or suffers or allows any other person
to fail to comply with an order,
direction, or notice given under any provision of this Bylaw,
is guilty of an offence, which may be enforced by means of a ticket in the form
prescribed in the Community Charter.
The Bylaw Enforcement Officer may, to the extent necessary to give effect to this bylaw,
enter, at all reasonable times, on any property subject to the regulations of Council, to
ascertain whether the regulations or directions of this Bylaw are being observed.
No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of
his duties.
PART 9 PENALTY
Every person who contravenes
a provision of this Bylaw is guilty of an offence and is
liable upon summary
conviction to a fine not more than ten thousand
($10,000.00)
dollars.
Each day that a contravention
of the provisions of this Bylaw exists or is permitted to
exist shall constitute a separate
offence.
PART 10 INTERPRETATION AND REPEAL
Ifa portion of this Bylaw is held invalid by a Court of competentjurisdiction,
then the invalid
portion must be severed and the remainder of this Bylaw is deemed to have been adopted
without the severed section, subsequent
paragraph, subparagraph,
clause or phrase.
Firearms Control Bylaw 369, 1987 as amended is repealed.
Property Maintenance Bylaw No. 635, 2002 as amended is repealed.
Noise Control Bylaw 636, 2003 as amended is repealed.
Snow Clearing Bylaw No. 605, 2000 as amended is repealed.
first and second time on the 17th day of February, 2014.
Approved pursuant to section 124(13) of the Motor Vehicle Act
this 5th day ofAugust,
2014
Signed by Greg Gilks, Executive Director Transportation
Policy and
Norm Parkes, Executive Director Highway Department
for Minister of Transportation
& Infrastructure
Deposited with the Minister of Health Services
pursuant to the Public Health Act, Community
Charter and Local Government Act .
Adopted on the 18"'day ofAugust, 2014.
"Manfred Bauer
"Laurie Taylor"
MAYOR
CHIEF ADMINISTRATIVEOFFICER
Consolidated
under the provisions of the Community Charter to include Bylaw 810-2, 2023.
Printed under the authority of the Corporate Officer of the Village of Keremeos this 19"'day of
April2023.
SCHEDULE A
In this bylaw a word importing the masculine gender
includes the feminine or neutral, a word
importing the singular includes the plural, and in each case, vice versa.
Accumulation
means
a buildup,
growth or collection, either scattered,
amassed
or piled,
existing at the time of inspection;
Boulevard
means
that portion of highway between the curb or shoulder lines of the lateral
boundary lines of a roadway and the adjoining property or between the curbs on median strips
or islands, but does not include curbs, sidewalks, ditches or driveways;
Bow includes a long bow, recurve bow, composite bow, compound
bow, or cross bow and any
arrow used with the bow;
Bylaw Enforcement
Officer means the persons duly appointed
by Council as such, and shall
include any peace officer;
CAO means the Chief Administrative Officer or designate, for the Village of Keremeos;
Container
includes a dumpster, rubbish can, rubbish bin or other receptacle
designed, intended
or used to hold rubbish, discarded materials and debris;
Council means the Council of the Village of Keremeos;
Derelict vehicle means a vehicle or part thereof, propelled othenNisethan by muscle power, which:
(a)
is physically wrecked or disabled;
(b)
is not capable of operation under its own power; or
(c)
does not have attached
number plates for the current year pursuant
to the Motor
Vehicle Act Regulations;
Excessive
nuisance
abatement
fee includes the excessive
nuisance
abatement
fees
as
prescribed in Fees and Charges
Bylaw No. 795, 2012;
Filth means foul or putrid matter;
Firearms
means any gun, pistol, or any lethal ?rearm or other weapon using gunpowder or other
explosive substance, or discharged by compressed air, or by spring, or combined spring and air, and
loaded with ball, shot, slugs, or other destructive material, and capable of in?ictinginjuryor causing
damage and includes rifles, pistols, shotguns, air guns, air rifles, air pistols and spring guns;
Graffiti means writing or pictures scratched,
painted or drawn by any means on a wall, fence,
building, structures of any kind, sidewalk or road but does not include public art murals that may
be approved
by resolution of Council from time to time;
Grass
shall include plants that are commonly known or referred to as grass and includes clusters of
very small, usually wind-pollinated flowers;
Highway includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct and any
other area open to public use and any park, building, private place or passageway
to which the
public has, or is permitted to have access and includes Highway 3 corridors within the Village
of Keremeos;
Lane means a public thoroughfare
or way which affords a secondary means of access to a lot at
the side or rear;
Mobile public address
system
means
a public address
system that can be used or is used
while mounted on a motor vehicle, trailer, or other such vehicle;
Noxious weed means any weed designated
by regulation to be a noxious weed pursuant to the
Weed Control Act;
3)
Nuisance
means any conduct, activity, or condition that unreasonably
interferes with a person's
use and enjoyment of a public area or land he or she owns or occupies, or which annoys or gives
trouble, or is offensive, irritating, or a pest to anyone within the Village, including, but not limited
to smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia;
Nuisance
service
calls
means
a RCMP,
Bylaw Enforcement
Officer,
or other Village of
Keremeos
official response
to and abatement
of any nuisance or other activity, conduct or
condition occurring on or near real property which substantially and unreasonably
interferes with
another person's use and enjoyment of a public place or real property occupied by that person,
or which causes
injury to the health, comfort, or convenience
of an occupier of real property and
which is caused by or arises from a person's failure to comply with the requirements
of this Bylaw;
Offensive
matter
means physical objects which are objectionable to the public;
Owner
means any person who is the registered
owner, or owner under agreement,
of real
property, and includes any person in actual or apparent
possession
of real property under a
lease, licence or other agreement with another owner;
general, and includes outdoor sound amplification systems used for purposes
of a performance,
concert,
exhibition or
entertainment,
but
does
not
include
systems
used
for internal
communications inschools and businesses;
Public place includes a highway;
Real property
means land, with or without improvements
so affixed to the land as to make
them in fact and in law a part of the real property, and includes individual premises located on
the real property;
Rubbish in addition to its common dictionary meaning and without limitingthe generality of that
meaning,
includes decaying or non-decaying
solid and semi-solid wastes,
including, but not
limited to, both combustible
and
non--combustib|e
wastes,
such
as
paper,
trash,
refuse,
cardboard, waste material, cans, glass, bedding, mattresses,
crates, rags, barrels, boxes, lumber
not neatly piled, scrap
iron, tin and other metal scrap,
paving
material, construction
and
demolition waste,
derelict vehicles
and other vessels,
tires, machinery, mechanical or metal
parts,
discarded
or dilapidated
appliances,
discarded
or dilapidated furniture, ashes
from
fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeds,
dead trees and branches, stumps, and piles of earth mixed with any of the above;
Street
means
any highway, roadway, sidewalk, boulevard, lane, place, parking lot or entrance
way or right of way which the public is ordinarily entitled or may be permitted to use for the
passage
of vehicles or pedestrians
and includes a structure located in any of those areas;
Trees includes shrubs;
Village means the Village of Keremeos;
Unsightly in addition to its common dictionary meaning and regardless
of the condition of other
properties
in the neighbourhood,
includes property having any one or more of the following
characteristics:
a)
the storage,
location or accumulation visible to a person standing on a public
highway or on nearby property, or in a building or structure, situate on a public
highway or nearby
property,
of filth, rubbish, graffiti or any other discarded
materials;
b)
the untidy storage,
location or placement
of building materials on a site where
construction is not taking place, except where they cannot be seen from a public
highway or from nearby
property, or from a building or structure situated on
a public highway or nearby property;
c)
an accumulation of motor vehicle parts or all or part of any motor vehicle which is
not:
Vehicle means a device in, on or by which a person or thing is or may be transported
or drawn
on a highway, but does not include a device designed to be moved by human power, a device
used exclusively on stationary rails or tracks or a motor assisted cycle;
Weed includes brush, trees, noxious weeds and other plant growth that is allowed to come to a
state of causing,
or about to cause
a nuisance and includes any vegetation
where its root
system,
limbs, or shoots intrude into a lane, street or highway in a manner that may impact
travel, construction, maintenance
levels, safety, longevity or esthetics of the said lane, street or
highway.