Good Neighbour Bylaw No. 2671, 2020 (Part 6 – Noise Regulations)

Kimberley, British Columbia · adopted 2020-11-09

This is the exact embedded text of the captured official document. Snapshot a02e1461ef2e · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

City of Kimberley Good Neighbour Bylaw No. 2671, 2020 A bylaw to enhance the quality of life for residents of the City of Kimberley WHEREAS section 8 of the Community Charter provides municipalities with fundamental powers to regulate, prohibit, and impose requirements in relation to public spaces, health and safety of persons and property, and the protection and enhancement of the well-being of its community, and other matters; AND WHEREAS section 64 of the Community Charter provides municipalities with fundamental powers to exercise authority in respect of nuisances, unsanitary conditions, and other offensive activities; AND WHEREAS the Council of the City of Kimberley desire to protect the quality of life for its citizens, and endeavor to promote civic responsibility, and further, strive to encourage good relationships between neighbours; AND WHEREAS, pursuant to the Community Charter, Council may, by bylaw, impose costs and recover costs of taking action in the event of a default by a person who fails to take action as lawfully directed; AND WHEREAS Council of the City of Kimberley has deemed it desirable to pass a bylaw regulating, prohibiting, and imposing requirements in relation to public spaces, nuisances, health and safety, and to enhance the well-being of its community; NOW THEREFORE the Council of the City of Kimberley, in open meeting assembled enacts as follows: Part 1 - INTERPRETATION 1.1 This bylaw may be cited as the "City of Kimberley Good Neighbour Bylaw No. 2671, 2020." 1.2 Words or phrases defined in the British Columbia Community Charter, Interpretation Act, Motor Vehicle Act or Local Government Act or any successor legislation, shall have the same meaning when used in this bylaw unless otherwise defined in this bylaw. 1.3 The headings contained in this bylaw are for convenience only and are not to be construed as defining or in any way limiting the scope or the intent of the provisions of this bylaw. 1.4 All schedules of this bylaw are attached to and form part of this bylaw and are enforceable in the same manner as this bylaw. 1.5 If any provision or part of this bylaw is declared by any court of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the illegal or inoperative portion shall be severed from the bylaw and the balance of the bylaw, or its application in any circumstances, shall not be affected and shall continue to be in full force and effect. Part 2 - DEFINITIONS In this bylaw: Accumulation means a collection, either built-up, gathered, scattered, amassed, or piled, as the case may be, and "Accumulate" shall have a corresponding meaning. ATM or Automated Teller Machine means a device capable of linking to a financial institution's account records to carry out financial transactions such as depositing or withdrawing funds, transferring funds between accounts, displaying account balances, and making from a person's financial account, but does not include any personal computer, tablet computer or mobile telephone or similar device capable of performing that function. Boulevard means that portion of a highway between the curb line or the lateral line of a roadway and the adjoining property or roadway, and includes curbs, sidewalk, ditches, and cycle paths. Bow includes any arrow or projectile used with or discharged by the bow. Building Bylaw means the City of Kimberley Building Bylaw No. 2620, 2018, as amended from time to time, and including any successor thereto. Building Official means any person designated by the Chief Administrative Officer to consider, process, and issue a Vacant Building Registration Permit under Part 8 of this bylaw. Bus Stop means an area on a street designated for the stopping of buses and may be delineated by benches, shelters, or signage indicating the location of the stop. Bylaw Enforcement Officer means the person duly appointed or authorized by the Chief Administrative Officer for the purpose of enforcing the City's bylaws, including this bylaw, and includes any Peace Officer. Chief Administrative Officer means that person appointed by Council and any person delegated to assist in carrying out his duties under this bylaw. City means the City of Kimberley or the area within the municipal boundaries as the context may require. Corporate Officer means that person appointed by Council and any person delegated to assist in carrying out his duties under this bylaw. Council means the Council of the City of Kimberley. Derelict Structure means any structure or combination of materials assembled at a fixed location to give support or shelter, including a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, or mast for radio antenna, which is run down, unused, decaying, dismantled, inoperable, unusable, in poor condition, or neglected, whether or not actually in use or intended to be used for shelter. Derelict Vehicle means any vehicle as defined in the Motor Vehicle Act, RSBC 1996, c. 318 or part thereof, which: a. is physically wrecked, disabled, or damaged; b. is not capable of operating under its own power; c. does not have attached license plates for the current year; or d. has not been insured or licensed as required under the Motor Vehicle Act, RSBC 1996, c. 318 for a minimum of 90 days within the previous 12-month period. E-Cigarette means any product or device containing an electronic or battery-powered heating element capable of vaporizing an E-Substance for inhalation or release into the air, whether or not the device resembles a cigarette, and includes vape pens and similar vaping materials. E-Substance means a solid, liquid, or gas that, on being heated, produces a vapour for use in an E-Cigarette, regardless of whether the solid, liquid, or gas contains nicotine and includes vaping juices and e-liquids. Fire Chief means that person appointed by Council and any person delegated to assist in carrying out his duties under this bylaw. Filth, Discarded Materials, or Rubbish, in addition to the common dictionary meanings of each of "Filth", "Discarded Materials", and "Rubbish", and without limiting the generality of these terms, and whether or not accumulated with the intention of re-selling in the future, specifically includes: a. the Accumulation of wood, appliances, furniture, mattresses, motor vehicle parts, tires, construction materials, toys, recreational or sporting equipment, carpeting or any other materials or equipment whose placement on Property is not consistent with the intended normal use of the object and the Property, or the Accumulation of such an item which due to its condition or state of disrepair is not useable for its normal intended use; b. decaying or non-decaying solid and semi-solid wastes, including, but not limited to, both combustible and non-combustible wastes such as paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled, scrap; c. 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-side 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; d. noxious, offensive, harmful, or unwholesome matter; e. any substance or physical object which is detrimental to the physical or mental well-being of persons. Graffiti means writing or pictures scratched, painted or drawn by any means on a wall, fence, building, or structure of any kind, or sidewalk or road, but does not include public art murals that may be approved by resolution of Council from time to time. Grass means vegetation consisting of typically short plants with long, narrow leaves, cultivated for lawns, meadows or fields. Hazardous Objects includes, without limiting the generality of that term, broken glass, hypodermic needles, and other objects or materials with sharp edges or capable of breaking or skin, and any other hazardous material. Homeless Person means a person with no fixed address and no predictable residence to return to on a daily basis and no access to public shelter facilities. Idle means the operation of the engine of a Motor Vehicle while the Motor Vehicle is not in motion, and idling has a corresponding meaning. Incinerator means a non-combustible structure or container used for the purpose of burning refuse other than plastic, and which: a. has draft or smoke vents covered with heavy gauge metal screen with mesh opening of not less than 13 millimetres; b. is ventilated in such a manner to preclude the escape of combustible materials, ash, and sparks; and c. complies with all provincial enactments. Light Source means a light bulb, light tube or floodlight lamp; Liquor has the same meaning as in the Liquor Control and Licensing Act, [SBC 2015}, C. 19. Manager of Operations - Park and Facilities means the person appointed or designated by the Chief Administrative Officer as "Manager of Operations - Park and Facilities" and includes any person designated by the Chief Administrative Officer to act in the Manager's place. Mobile Public Address System means a public address system that can be used or is used while mounted on a motor vehicle, trailer or such other device transported or moved by human power. Municipal Ticket Information Bylaw means the City of Kimberley Municipal Ticket Information Bylaw No. 2540, 2016 as amended from time to time, and including any successor thereto. Noxious Weed means any weed designated by regulation to be a Noxious Weed pursuant to the British Columbia Weed Control Act. Nuisance, without limiting its general meaning, includes anything that substantially and unreasonably interferes with or disturbs a person's use and enjoyment of that person's real property, or the surrounding neighbourhood, or a street, park, or public space, and without limiting the generality of the foregoing, specifically includes: a. any building, structure or property that does not meet the standards set forth under Schedule B of this bylaw; b. a contravention of Part 8 of this bylaw (Property Maintenance); c. a contravention of Part 6 of this bylaw (Noise) occurring on a particular property; d. windows or doors of a building are boarded and the building is not ready or suitable for occupancy e. a structure is a neighbourhood blight, which may include containing or displaying debris or broken windows; f. a structure is neglected by its owner; g. the structure displays significant paint peeling; h. standing water on a property; i. odour arising from or in connection with a business activity; j. dust or other airborne particulate matter. Nuisance Abatement Fees include, but are not limited to the following, costs and expenses incurred while by or on behalf of the City while responding to a nuisance service call for the purpose of abating nuisance conduct, activity or condition, and include but are not limited to: a. the cost of police and City staff salaries, including benefits, pro-rated to the time actually spent by those individuals in responding to a nuisance service call and abating that conduct; b. the cost of using police, fire and City equipment and vehicles; c. the administration costs incurred by the City in responding to a nuisance service call and abating a nuisance; and d. the cost of repairs to damaged City equipment, vehicles or property. Occupant or Occupier, when used with reference to real property, has the same meaning as under the Community Charter. Outdoor Light means any Light Source that is not contained inside a building or structure; Owner, when used with reference to real property, has the same meaning as under the Community Charter. Panhandle means to beg for or to ask, without consideration, for money, donations, goods, or other things of value, whether verbally or in writing or by gesture (including by placement of a hat, musical instrument case, or similar container), and whether the solicitation is for one's self or for the benefit of another person, but does not include: a. any solicitations by or on behalf of not-for-profit philanthropic or charitable organizations, educational institutions, or religious institutions; b. any solicitations by or on behalf of the City. Park means, in addition to its general meaning, means any property or area of land used or designated as a park by the City, and includes property owned or held by, or leased or granted to the City for that purpose, and includes lands to be used as a park by reason of a restrictive covenant or covenant on title or similar instrument, and also includes any lands designated as a park by a sign posted by the City. Peace Officer has the same meaning as in the British Columbia Interpretation Act and includes a Bylaw Enforcement Officer. Person includes a natural person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a person to whom the context can apply according to law. Police means the Kimberley City Detachment of the Royal Canadian Mounted Police. Property, and Premises, and Real Property all mean, unless context requires otherwise, lands, any buildings or structures or improvements on the lands, and any individual premises located on the lands. Public Address System means a sound amplification system, either by megaphone or electronically, used outdoors to disseminate the spoken word and/ or music to the public in 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 in schools and businesses. Public Place means any place typically open or accessible to public, or to which members of the public are entitled or permitted to have access without payment, and includes without limitation any highway, park or campground, civic building, areas around civic buildings, transit shelter or bus stop, parking lots and any lands or property owned by the City, the Province of British Columbia, or the Government of Canada, and any improvement on those lands. 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, as the context requires, individual premises located on the real property. Shade means a non-transparent light shade that does not form part of a Light Source. Senior Manager of Operations means the person appointed by the Chief Administrative Officer as the City's Senior Manager of Operations and includes any person designated by the Chief Administrative Officer to act in the Manager's place. Sensitive Area means: a) the Platlz Smoke or Smoking means the inhaling, exhaling, burning, vaping or carrying of a lighted cigarette, cigar, pipe, hookah, or other lighted smoking equipment used or intended to burn tobacco, cannabis, or any other weed or substance, and includes the use of an E-Cigarette or E-Substance or similar vaporizer product, or other product which results in the exhaling of a vapour or mist or aerosol. Temporary Shelter means a tent, lean-to or other form of shelter that is temporary and portable, constructed from nylon, plastic, cardboard or other similar non-rigid material that covers an area of 10 square metres or less, and does not include wood frame or portable structures. Unsightly, in addition to its common dictionary meaning, without limiting the generality of the term, and regardless of the condition of other properties in the neighbourhood, includes property having any one or more of the following characteristics: a. the presence of graffiti, or the storage, location or Accumulation of Filth, Discarded Materials, or rubbish, on any Property, visible to a person standing on a public highway or on any other Property; 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 situate on a public highway or nearby property; c. landscaping or vegetation that is dead or characterized by uncontrolled growth or lack of maintenance, or is damaged; d. the presence of a Derelict Structure on a property; e. the presence of a Derelict Vehicle on a property, unless that Derelict Vehicle is contained within a fully enclosed permanent building; f. any other similar conditions of disrepair, dilapidation or deterioration. Vacant Building means any building or structure which for a continuous period of more than 45 days in a consecutive 60-day period is without lawful resident or occupant and which is not being put to a lawful commercial, residential, or industrial use. Vacant Building Registration Permit means a permit issued by the City in respect of a Vacant Building, pursuant to section 8.18 of this bylaw. Vehicle has the same meaning as "Motor Vehicle" in the Motor Vehicle Act, [RSBC 1996], c. 318. Zoning Bylaw means the City of Kimberley Zoning Bylaw No. 1850, 1994, as amended, and the City of Kimberley Alpine Zoning Bylaw No. 2016, 1999 as amended, and including any successor thereto. PART 3 - GENERAL REGULATIONS 3.1 No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of his duties. 3.2 The City, including its Bylaw Enforcement Officers, Peace Officers, and others acting on behalf of the City, shall have the right to enter upon the Property of any Owner or Occupant at all reasonable times and in a reasonable manner for the purposes of inspecting Property and declaring whether the property is unsightly or otherwise not in compliance with the provisions of this bylaw.· 3.3. No failure to enforce this bylaw, nor any error, omission or other neglect in relation to any permit issued under this bylaw, shall be interpreted as giving rise to any cause of action in favour of any Person, or any duty of care owed to any Person by the City. PART 4- FIREARMS AND BOWS 4.1 No person shall discharge any firearm or bow within the City. Exemptions - Firearms and Bows 4.2 The prohibition in section 4.1 does not apply to: a. Peace Officers or conservation officers authorized to discharge firearms in the line of duty; b. any member of any bona fide shooting club, while shooting at any range constituted for and used only for the practice of target shooting, including competitive shooting; c. any member of any military unit in or upon a range the purpose of drill or training, or otherwise in the course of that individual's ordinary duties with the military; d. individuals involved in an archery competition or practice hosted by a recognized and organized group or archery club which meets the safety stands set by the Federation of Canadian Archers; e. regular volleys at burial services, including authorized ceremonies associated with Remembrance Day; and f. any person holding a valid permit for the control of wildlife on public property provided that the person conducting the shooting shall do with due regard for the safety and security of other residents, visitors and occupants of the City. PART 5 - PARKS AND PUBLIC SPACES 5.1 This Part does not apply to any: a. highway designated as an arterial highway under the Transportation Act, [SBC 2004], c. 44, or b. any lands owned by the Province as a park or open space, and not leased to the City. 5.2 Unless done by an employee or agent of the City in the performance of his or her duties, or if authorized by the City or the Manager of Operations - Parks and Facilities, no person shall in any park or other public place: a. cut, destroy, damage, climb, break, remove or injure any tree, sapling, shrub, plant, turf, or flower; b. plant any tree, sapling, shrub, plant, turf, or flower; c. damage, destroy, break, remove, or deface any wall, fence, sign, traffic control device or signal, or other structure; d. paint, write, place, or cause there to be any unauthorized writing or graffiti placed on any wall, fence or other structure; e. build or install or cause to be built or installed any structure of any kind, including a Temporary Shelter, except when authorized by the City or permitted by section 5.4 of this bylaw; f. undertake by any method or means of overnight accommodation, with or without a Temporary Shelter or other structure, except when authorized by the City or permitted by section 5.4 of this bylaw; g. foul or pollute any fountain, beach, pool, spray park, pond, stream or other body of water; h. obstruct the free use and enjoyment of any park by any other person, except as authorized by a valid and subsisting permit issued by the City. i. possess, set fire to, or discharge any fireworks, firecrackers, or other explosives without the written authorization from the Fire Chief; j. make a fire or throw or place on the ground any lighted match, cigar, cigarette or other burning substance, except for the purpose of making a fire in acceptable fire pit made available by the City; k. cause or permit a motor vehicle or recreational vehicle to enter or remain in a park between sunset and sunrise, except when authorized by bylaw; I. cause or permit a motor vehicle or recreational vehicle to be parked in or on any area in a park between sunset and sunrise, except when authorized by bylaw; m. use or operate any device in such a manner as to disturb the enjoyment of a park by other person; n. possess liquor at any time except where is possessed pursuant to and in compliance with a licence under the Liquor Control and Licensing Act, and autho.rized by the Manager of Operations - Parks and Facilities; o. deposit, leave, discard or place litter, personal belongings, or debris of any kind, except within designated recycling or refuse receptacles; p. deposit or leave any hazardous objects or hazardous material, except in a receptacle authorized for those items; q. conduct, any commercial activity or enterprise, or park or operate any food service trailer or truck, whether or not for profit, without a valid business license and authorization from the Senior Manager of Operations; r. park or station any vehicle which displays third party advertising of any kind, or which is equipped with a public address system; s. place or display any work, character or sign or device designed to advertise any person, business, profession, group, association, event, article, thing, exhibition, matter, or other similar thing, except on a bulletin board provided for that purpose by the City; t. ride, herd, or drive any livestock without authorization from the Senior Manager of Operations; u. cause or permit any animal to roam at large, create a nuisance, or injure another animal or individual; v. possess, store, use, or transport any controlled substance, or any paraphernalia for doing so; w. carry on any activity of a hazardous or unsafe nature which may cause injury, harm, or damage to a person, structure, animal, or other thing in a public place; x. participate in a fight or similar physical confrontation, or engage in any related activity which causes a disturbance or nuisance; y. smoke within any park, the Platlz, or within seven metres of any doorway, air intake, window, bus stop, or in any area where prohibited by a sign placed by the City; aa. play or practice the game of golf, or hit a ball with a golf club, except on a golf course; bb. urinate or defecate or vomit in a public place, except in a toilet facility provided by or on behalf of the City for that purpose, or if doing so was inevitable or unavoidable and the person had no reasonable opportunity to avoid doing so; cc. dress or undress in a park or public place, except in a place specifically provided for that purpose; dd. make or cause to be made any noise, vibration, odour, dust, illumination, or any other thing that is liable to create a nuisance or otherwise disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public; ee. use or permit the use of equipment to amplify music, announcements or performances, unless authorized by a permit issued by the Senior Manager of Operations under this or another bylaw; ff. sleep overnight in or take up residence in a park, except as permitted by this bylaw; gg. cause, permit, or engage in any activity that is prohibited by a sign posted by the City; hh. sit or lie on a sidewalk unless in medical distress; 5.3 No person shall in any Public Place, or on private property while exposed to public view: a. be nude or clad in a manner which offends against public decency and order; b. engage in an indecent act, including masturbation; or c. contravene any provision of the Criminal Code, R.S.C., 1985, c. C-46 concerning indecent acts, indecent exhibition, or public nudity. Temporary Homeless Shelter 5.4 A Homeless Person may take up overnight accommodation, and may erect and occupy a Temporary Shelter in a park in the City, between the hours of 7:00 p.m. and 9:00 a.m., provided that Homeless Person: a. does not erect the Temporary Shelter, or occupy, or take up overnight accommodation, within 50 metres of any playground, community garden, sports field, tennis court, picnic table, picnic shelter, gazebo, stage, water park, skate park, parking lot, public washroom, ornamental garden, or horticultural display; b. does not erect the Temporary Shelter, or occupy, or take up overnight accommodation, on or within 10 metres of an established trail or sidewalk; c. does not erect the Temporary Shelter, or occupy, or take up overnight accommodation within 5 metres of private property; d. does not at any time erect the Temporary Shelter, or occupy, or take up overnight accommodation, within a Sensitive Area; e. does not erect the Temporary Shelter, occupy, or take up overnight accommodation within 50 metres of any area of a park that has been designated for an event or activity under a valid and subsisting permit issued by the City; f. does not damage or alter City property, including fencing, trees, shrubs, flowers, plantings, benches, or other municipal equipment or infrastructure; Restriction of Access 5.5 A Bylaw Enforcement Officer, Peace Officer, or the Manager of Operations - Parks and Facilities, may direct a person to leave a park or public place if that person is acting in contravention of this bylaw or any other enactment, including any federal or provincial enactment governing the use of alcohol, controlled substances, or other intoxicants. 5.6 Any person directed to leave a park or public place under section 5.5 must proceed immediately to the nearest exit point, or must otherwise leave immediately. 5. 7 If a person: a. is found in possession of a controlled substance, controlled substance paraphernalia, alcohol, or other intoxicant while in a park or public space; or b. has been convicted of a contravention of a provision under this Part; or c. has been convicted of an offence involving that person being within a park or public place in the City; a Peace Officer, Bylaw Enforcement Officer, or the Manager of Operations - Parks and Facilities may prohibit that person from accessing or entering a park or public place by issuing to that person a Prohibition Order in the form attached as Schedule A, which order will last for three months, or any lesser time specified on the face of the Prohibition Order. PART 6 - NOISE REGULATIONS General Prohibitions 6.1 No Person shall make, cause to be made, permit, or continue to be made any noise or sound within the City that disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the neighbourhood or vicinity. 6.2 No Owner or Occupier of property shall cause, allow, or permit that property to be used in a manner so that noise or sound occurs on or is emitted from that property which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the neighbourhood or vicinity. Specific Prohibitions 6.3 Without limiting the generality of sections 6.1 and 6.2: a. no Person shall play, or cause or permit or allow the operation of any radio, television, computer, speaker, stereophonic equipment, amplifier, voice amplification equipment or similar equipment on or in any private property, or in any public place, in such a manner that the sound or noise generated from that equipment disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the premises, neighbourhood, or vicinity; b. no Person shall own, keep, or harbor any animal or bird which by its barks or cries disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the premises, neighbourhood or vicinity; c. no Person shall operate a motor vehicle which, by its operation, engine, muffler, stereophonic system, or otherwise, disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the neighbourhood or vicinity; d. no Person shall load or unload any truck, motor vehicle, or trailer between the hours of 10:00 p.m. and 7:00 a.m.; e. no Person shall , on Mondays through Saturdays before 7:00 hours or after 21 :00 hours, Sundays and Statutory Holidays before 9:00 hours or after 21 :00 hours, operate any motorized landscaping or lawn-grooming equipment, including leaf-blowers, lawnmowers, riding mowers, chainsaws, or string trimmers; f. no Person shall use or operate any Mobile Public Address System unless authorized under this bylaw, and any such use no authorized is deemed to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the neighbourhood or vicinity; g. no Person shall, on any day before 07:00 hours or after 22:00 hours, undertake any construction, alteration, repair, demolition, or excavation of any building or property, or operate any machinery for that purpose, except that a person may undertake construction or repair work provided that activity does not cause noise or sound which disturb or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the neighbourhood or vicinity; h. no Person may engage in a fight or confrontation or similar disturbance, Whether in a public place or not, and any such activity is deemed to create a nuisance, and to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, the public, or of any person within the neighbourhood or vicinity; Idling Restrictions 6.4 No Person shall cause or permit a Motor Vehicle to Idle within City boundaries for more than five (5) consecutive minutes. 6.5 Section 6.4 of this bylaw does not apply to: a. a Police, fire, ambulance, or other emergency Motor Vehicle while engaged in operational activities, including training and patient transfer activities; b. a Motor Vehicle while providing assistance in an emergency activity; c. a Motor Vehicle that remain motionless because of an emergency, traffic conditions (including congestion and signals), or mechanical difficulties over which the driver has no control; d. a Motor Vehicle that contains or has attached to it auxiliary equipment that is essential to the basic function of the Motor Vehicle and requires power from the engine to operate such auxiliary equipment; e. a Motor Vehicle that is Idling so as to power a heating or a refrigeration system necessary for the preservation of perishable cargo; f. a Motor Vehicle where Idling is required as part of an inspection, servicing or repair process; g. an armoured Motor Vehicle where a Person remains inside the vehicle while guarding its contents or while the Motor Vehicle is being loaded or unloaded; or h. a Motor Vehicle engaged in a parade or race or any other such event authorized by the City. General Exceptions 6.6 The provisions of this Part do not apply to: Permits a. any noise generated by the City, including its civic and maintenance operations, highway maintenance operations, waste removal operations, snow removal operations, civil defense matters, and any police, fire, ambulance, bylaw, or other emergency services, operating within the City, or their agents, if that noise is generated within the furtherance of their duties; b. snow removal undertaken by a person or business in immediate response to a snow event; c. construction, repair, alteration, excavation, demolition work, or use of machinery for those purposes, if a valid and subsisting building permit has been issued for that activity, the activity occurs between the hours of 7:00 a.m. and 10:00 p.m., and the activity generating noise is reasonably required in furtherance of the construction, repair, alteration, demolition, or other work that has been authorized. d. noise or sound arising from a trade, business, or industry which is lawfully carried out in an area zoned for that activity and occurring only between the hours of 7:00 a.m. and 10:00 p.m., provided that the level and nature of the noise generated does not exceed the level and nature customary or generally accepted in that trade, business or industry using equipment that is in good working order and used in accordance with generally accepted or customary standards; e. the operation of household equipment such as a pool or hot tub pump motors, vacuum cleaners, air conditioning units, and exhaust fans, provided the level and nature of the sound generated by that equipment does not exceed the level customary for similar equipment in good working order and used in accordance with generally accepted or customary standards; f. the use of fireworks or firearms as permitted by the Fire Services Bylaw and this bylaw; g. church bells; h. participating in a lawfully authorized parade or assembly; i. noise that is reasonably necessary to be generated by any Person in relation to any emergency situation, provided that the Person generating the noise has the onus of demonstrating that an emergency situation exists and that the noise is reasonably necessary as a result. 6. 7 If a person wishes to generate sound or noise which would contravene this part of the bylaw, or to engage in an activity that would contravene this part, that person may apply to the City in the form prescribed by the Senior Manager of Operations, and paying the prescribed fee, for authorization to generate the sound or noise, or to engage in the activity that would generate the sound or noise, that would otherwise contravene this Part of the bylaw, and any such application must specify: a. the name of the applicant; b. the expected nature and duration of the sound or noise expected, and of the activity that would generate the sound or noise; c. why the sound or noise is expected to contravene this Part of the bylaw; d. why it is impossible or impracticable to comply with this Part of the bylaw; e. any measures the applicant has taken or will take to mitigate or reduce noise; f. the degree to which the sound or noise is expected to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals, the neighbourhood, and the public; and g. the conditions, durations, and other terms sought or proposed by the applicant. 6.8 The Senior Manager of Operations when considering an application submitted to the City under section 6.7 may decline the application, grant the application in accordance with this Part, or request more information from the applicant prior to granting or declining an application, but any decision to grant, decline, or request more information must be made in writing stating the decision and, if not granted, the reasons for it and any further information that may be required. 6.9 The Senior Manager of Operations when considering an application under this Part may request more information from the applicant prior to granting or declining an application under this Part if the application is incomplete, or if the Senior Manager of Operations reasonably requires further detail or information to consider and evaluate the application. 6.10 The Senior Manager of Operations when considering an application submitted to the City under section 6.7 may give written approval to generate the sound or noise, or to carry out the activity that would generate the sound or noise, and may: a. designate specific hours, times, days, or dates on which the noise, sound, or other activity permitted, or is prohibited, or both; b. specify stipulated duration of time the noise or sound may be generated, or on which the activity generating the noise or sound may be undertaken; c. specify maximum permitted decibel limits for any such noise or sound or activity, which decibel limits may vary by time, date, or other circumstance; d. specify the expiry date of the permit, which must not be greater than one year from the date of issuance; e. specify the location at which the sound or noise or associated activity may occur, or will be prohibited from occurring; and f. impose any other condition reasonably necessary to ensure the anticipated noise or sound or activity does not unduly disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals, the neighbourhood, or the public. 6.11 If the permit is not granted by the Senior Manager of Operations, the applicant may request that Council reconsider the decision not to grant the permit by making a written request to the Corporate Officer, who shall place the request for consideration before Council as soon as reasonably practicable. 6.12 A permit issue under this Part lasts for the duration specified in the permit and, if no such duration is specified, until the end of the calendar year in which it is issued. 6.13 A permit issued under this Part is issued on the terms and conditions specified in the permit. 6.14 A permit issued under this Part may be revoked by Council, or the Senior Manager of Operations, if any information in support of the permit application was untrue or inaccurate, or if the applicant fails to comply with any term or condition of the permit, or if the permit was granted in error. Any such revocation must be made in writing and delivered to the address specified by the applicant on the permit application. PART 7 - PANHANDLING 7.1 No person shall panhandle within 10 metres of: a. an entrance to a bank or credit union or trust company; b. an automated teller machine; c. a bus stop or bus shelter; d. the entrance to a liquor store; e. the entrance to a theatre f. an outdoor terrace of a cafe, restaurant, pub, or similar establishment; g. The Platz!; h. the entrance to a gas station; i. the entrance to a grocery store. 7.2 No person shall panhandle in such a way as to impede the ability of a person entering or exiting a residence or a place of business. 7.3 No person shall panhandle in any way that causes an obstruction, or which obstructs or impedes the convenient passing of traffic along a sidewalk or highway. 7.4 No person shall sit or lie on a street or sidewalk for the purpose of panhandling. 7.5 No person shall touch another person while panhandling. 7.6 No person shall panhandle as part of a group of two or more panhandlers. 7.7 No person shall panhandle from the occupant or owner of any vehicle which is stopped or parked, including a vehicle stopped at a traffic control sign or signal, and including any vehicle stopped or parked for the purpose of loading or unloading. 7.8 No person shall panhandle on private property without the consent of the owner of that property. 7.9 No person shall use obscene or foul or abusive or threatening language while panhandling. 7 .1 O No person shall continue to panhandle from a person who has refused or declined to give anything to the panhandler. 7.11 No person shall panhandle between the time of sunset on any day and sunrise on the following day. PART 8 - PROPERTY MAINTENANCE Private Property 8.1 No Owner or Occupier of Real Property shall cause, suffer or permit: a. the property to become or remain unsightly; b. water to accumulate on or around the property; c. filth, discarded materials, or rubbish to collect or accumulate on or around the property, or to overflow from or to accumulate around any waste receptacle or other similar container on the property; d. dead landscaping, vegetation, weeds, wild grasses, or similar unattended growths to occur, accumulate, or remain on the property; e. the infestation of the property by rodents, termites, or other destructive insects or animals; f. the Accumulation or storage of demolition waste, construction waste, or trade waste on any property; g. the Accumulation or untidy storage of building materials on a site, unless those materials cannot be seen from a highway or public place or adjacent private property, whether or not the City has issued a valid or subsisting building permit in respect of the property; h. graffiti to be placed or to remain on the property, including any fence, tree, or structure on the property; i. any Derelict Vehicle to be placed, parked, or stored on the property, unless contained within a fully-enclosed and lawful building or structure; j. a structure on the property to become a Derelict Structure, or to otherwise fall into a state of decay or disrepair; k. the property to depart from the standards set out in this bylaw. Private and Public Property 8.2 No person shall a. place graffiti on private property, signs, buildings, structures or any kind, including fences or streets on or adjacent to any public property; b. deposit or throw any filth, discarded materials, or rubbish, including garbage, bottles, broken glass, or any similar item, in any open place upon private or public property; c. abandon a vehicle on or in any highway, street, sidewalk, alley, or public right of way; or d. undertake any activity on any highway, public place, or private property in the City that creates or causes dust or effluent that tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of persons in the neighbourhood. Boulevard and Lane Maintenance 8.3 Every Owner or Occupier of Real Property adjacent to boulevard or lane shall: a. maintain and remove obstructions from the sidewalk, boulevard, and lane adjacent to his property; b. remove accumulations of leaves, hazardous objects, filth, discarded materials, or rubbish, and any similar materials that obstruct a draining facility immediately adjacent to the owner's property; c. remove all filth, leaves, rubbish, discarded materials, hazardous objects and materials from all boulevards and sidewalks immediately adjacent to the owner's property; d. keep grassed areas trimmed to the standards of Section 8.7, and reasonably free of weeds; e. keep in good repair all driveway crossings; f. where directed by the City, cut, trim or remove any tree, fence, hedge or other item that obstructs or could reasonably be expected to obstruct the vision or safety of all pedestrians, cyclists, or vehicles using streets or sidewalks adjacent to the property. 8.4 No Person shall deposit any snow, ice, leaves, hazardous objects, filth, discarded materials, or rubbish, or any similar materials or objects onto any highway, sidewalk or City property. 8.5 Without limiting the generality of other sections of this Part, every Owner or Occupier of property zoned for a commercial or industrial use under the Zoning Bylaw, and every Owner or Occupier of property which is actually used for a commercial or industrial purpose whether or not zoned for that purpose, must by 10 a.m. each day; a. remove all snow, ice, slush, rubbish, and similar accumulations from any sidewalk or foot-path on or adjacent to the property; b. remove snow, ice, and similar rubbish from roofs adjacent to any sidewalk or foot-path on or adjacent to the property; c. sweep and otherwise remove all accumulations of leaves, hazardous objects, filth, discarded materials, or rubbish, and any similar materials from any sidewalk or foot-path on or adjacent to the property otherwise the sidewalks and foot-paths in front of, on, or adjacent to the property; 8.6 the requirement of Section 8.5 do not apply to any home-based business on property zoned as residential under the Zoning bylaw. Grass 8. 7 No Owner or Occupier of Real Property shall allow Grass or weeds on his or her Real Property to exceed a height of 10 centimetres. 8.8 For greater certainty, section 8.7 shall apply to vacant lots within residential areas and the Grass on any boulevard that lies directly between the boundary of a Real Property and an adjacent highway, road or lane. 8.9 Section 8.7 shall not apply to: a. xeriscaped areas; b. parks and natural areas under the direction and control of the City; c. areas under the direction and control of the City including Boulevards adjacent to major roadways, areas subject to naturalization efforts, and areas adjacent to sound attenuation berms. Outdoor Lightning 8.1 0 No Owner or Occupier may allow an Outdoor Light to be placed or lit on a parcel of the Owner or Occupier such that the light source creates a nuisance in any residential zone. 8.11 Every Owner of a parcel must ensure that an Outdoor Light on the property is shielded by a shade or fixture such that the light source does not create a nuisance. Exception to Outdoor Light 8.12 The prohibitions in section 8.10 and the requirement in section 8.11 do not apply to the following: a. Christmas or holiday lights between November 15 and January 15; b. street lighting provided by the City; c. lighting required by law enforcement or emergency services personnel; d. traffic control signals and devices; e. vehicle lights; and f. outdoor lights used to illuminate public parks and playing fields. Exceptions (Property Maintenance) 8.13 If a parcel of property is zoned and lawfully used for industrial or commercial use, and the business conducted on that property requires or ordinarily entails the accumulation of Filth, Discarded Materials, or rubbish, then the accumulation of those materials on that property shall not be considered to be unsightly if done in furtherance of that lawful industrial or commercial use, and screened or enclosed in such a way that they are not visible from the outside of the property. Vacant Buildings Regulations 8.14 Every Owner of a Vacant Building, or of Real Property which contains a Vacant Building, shall: a. maintain proof of $2 million in liability insurance, with the City named as an additional insured; b. apply for and obtain a Vacant Building Registration Permit as set out in section 8.18 of this bylaw, within 60 days of the building becoming a vacant building, and in any event within 60 days of a Bylaw Enforcement Officer ordering that person to obtain such a permit; c. maintain and board the building in compliance with the standards set out in Schedule B. Exemptions 8.15 No Owner of a Vacant Building, or of Real Property which contains a Vacant Building, shall allow a building or structure for human, industrial, or commercial use or occupancy to become a Vacant Building for longer than 60 days, unless one of the following applies: a. the building or structure is the subject of an active building permit for repair or rehabilitation, or a valid permit for demolition, and the owner is progressing diligently to complete the work authorized by the building permit; b. the building is actively listed for rent, lease, or sale by its Owner or a person licensed to provide real estate services in British Columbia, and the building: i. meets all applicable codes; ii. meets the requirements and standards set out in Schedule C; iii. does not contribute to blight, and is not kept in an unsightly condition; iv. is ready for occupancy; v. is to be supplied with minimum electric, water, and other utilities to ensure the proper functioning and maintenance of and to prevent damage to the building and its facilities; and vi. if the building is required to have a fire alarm or fire suppression system, must maintain electrical and heating systems to maintain those life safety components. Inspections of Exterior of Vacant Buildings - Without Notice 8.16 Without limiting any other entry power under this bylaw or any other enactment, a Bylaw Enforcement Officer may enter onto property, without notice to and without the consent of the Owner or Occupier of the property, in order to: a. monitor a building which is or appears to be a Vacant Building; b. determine whether a building or structure is, remains, or has become a Vacant Building; c. determine whether a Vacant Building is to be boarded or secured according to Schedule C of this bylaw; d. determine whether a building which is or appears to be a Vacant Building complies with this bylaw. Permits and Inspections 8.17 Where a Bylaw Enforcement Officer reasonably believes that a building or structure is or has become a Vacant Building, the Bylaw Enforcement Officer may by written order require the Owner of the Vacant Building to do one or more of the following steps; a. apply for Vacant Building Registration Permits; or b. apply for a Building Permit to renovate the Vacant Building a building or structure to meet the requirements and standards of Schedule B of this bylaw; c. demolish the Vacant Building within 90 days and in compliance with the Building bylaw; d. secure the Vacant Building in accordance with this bylaw, including by meeting the standards set by Schedule B of this bylaw; or e. require the Owner of the Vacant Building to engage a professional engineer licensed or registered to practice in British Columbia to evaluate the Vacant Building, or any associated structure, and advise on any remedial work required to make the structure safe for occupation or further inspections. 8.18 A written order under section 8.17 of this bylaw shall be considered to be a Compliance Order under this bylaw, and sections 10.4 to 10.1 O of this bylaw apply to an order under section 8.16 of this bylaw. Vacant Building Registration Permit 8.19 To obtain a Vacant Building Registration Permit, an Owner of a Vacant Building must register the Vacant Building with the City by: a. applying to the building official or Building Designate for a special safety inspection in relation to the Vacant Building, and paying the fee hereby imposed for such an inspection as specified in Schedule C. b. provide an address for service of notices and orders during the period that the permit is valid and thereafter, provide prompt notice of any change in the address given for service; c. pay any application or permit fee as established in Schedule C. d. provide the Building Official or Building Designate with a copy of the certificate of insurance required in section 8.14 a., above. 8.20 A Vacant Building Registration Permit is valid for a period of one calendar year from the date of issuance. 8.21 If a Vacant Building Registration Permit is issued in respect of a Vacant Building, and that building or the property on which it is located is transferred to a new owner, on written notice of that transfer being provided to the City, the Vacant Building Registration Permit automatically transfers to the new Owner for the remaining term of that permit. Except as provided by this section a Vacant Building Registration Permit is not transferrable. 8.22 A Building Official or Building Designate may cancel a Vacant Building Registration Permit if in the reasonable opinion of the Building Official the conditions or requirements associated with the Vacant Building Registration Permit or of lawfully keeping a Vacant Building under this bylaw have not been met, or have been breached, or if the Vacant Building Registration Permit was issued in error, or on the basis of incorrect or false information. 8.23 Except as provided by section 8.22, a fee paid for a Vacant Building Registration Permit is not refundable, whether in whole or in part, for any reason, including if the Owner obtains a demolition permit or building permit, or if the building ceases to be a Vacant Building within that time. 8.24 Despite section 8.21, if within 90 days of an Owner obtaining a Vacant Building Registration Permit in respect of a building: a. the building ceases to be a Vacant Building; b. a demolition permit is issued in respect of the Vacant Building; or c. a building permit is issued in respect of the Vacant Building; that Owner may apply to the Chief Financial Officer for a partial refund of the fee for the Vacant Building Registration Permit, which application may be in writing. 8.25 On an application by the Owner as set out in section 8.22, and on considering the condition and circumstances of the Vacant Building, the conduct of the Owner, and any other circumstance, the Chief Financial Officer may grant a partial refund of the fee for a Vacant Building Registration Permit, but in any case: a. no refund may be given for greater than 50% of the Vacant Building Registration Permit fee; b. any other amounts owed by that Owner to the City must first be deducted from the amount otherwise to be refunded to the Owner; and c. no refund may be given for an amount less than $100.00. 8.26 If a person is required to register a building as a Vacant Building or to obtain a Vacant Building Registration Permit as set out in this bylaw, and fails to do so, then in addition to any other remedy, the fee for that registration may be billed to that person and is recoverable from that person as a debt owed by that person to the City, whether or not that person subsequently applies for or obtains a Vacant Building Registration Permit. For greater clarity: a. an amount billed to a person under this section is owed whether or not a Vacant Building Registration Permit is issued; b. an amount billed to or paid by a person under this section does not substitute the requirement to comply with any provision of this bylaw, and does not constitute any acknowledgement that the person has complied with the requirements of this bylaw, including without limitation the requirement to obtain a Vacant Building Registration Permit; c. if an Owner is billed or pays a fee under this section and subsequently applies for a Vacant Building Registration Permit, the fee billed to or paid by the Owner to the City in addition to and separate from the fee owed for the Vacant Building Registration Permit being applied for. PART 9 - REPEAT NUISANCE SERVICE CALLS 9.1 If a member of the RCMP, a Bylaw Enforcement Officer, or other City official is reasonably required to respond to or attend a property for: a. more than one nuisance service call within a twenty-four (24) hour period in relation to a nuisance on that property; or b. more than three nuisance service calls within a twelve (12) month period in relation to a nuisance on that property; the Owner of that property shall be liable to pay an Excessive Nuisance Abatement Fee to the City in accordance with the amounts prescribed in Schedule D of this bylaw for each additional nuisance service call responded to at the same Real Property within the twelve (12) month period following the date of the notice referred to in section 9.3. 9.2 Despite section 9.1, where legal title to a Real Property is transferred, nuisance service calls made before the date that the new owner obtains legal title to the real property shall not apply to a determination under 9.1 of whether excessive nuisance abatement fees are payable. The new Owner shall, in any event, be liable for all unpaid excessive nuisance fees imposed against the Real Property in respect of past nuisance service calls. 9.3 Before imposing an Excessive Nuisance Abatement Fee, the City must first provide written notice to the Owner of the Real Property; a. describing the civic address and legal description of the property that is the subject of repeated nuisance service calls; b. describing in reasonable detail the nature of the nuisances that gave rise to the service calls in relation to the property; and c. advising the Owner that an Excessive Nuisance Abatement Fee will be imposed for each additional service call to the same property in relation to a nuisance, 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. 9.4 A written notice as described in section 9.3 must be served on that Owner personally, or by registered mail to the address of the Owner by registered mail sent to address of the Owner of the property as shown on the last revised real property assessment roll or if there is no such address, to the address listed on the title to the property, regardless of whether or not the registered mail is accepted by the recipient a. personally; or b. in the case of an Occupier, by being posted on the front door or other prominent place on the property, or mailed by regular mail to the property regardless of whether that mail is accepted by the recipient; or c. in the case of an Owner, by registered mail sent to the address of the Owner of the property as shown on the last revised real property assessment roll, or if there is no such address, to the address listed on the title to the property, regardless of whether or not the registered mail is accepted by the recipient. 9.5 If there is a further attendance on a property in relation to a nuisance as set out in section 9.1, and that attendance is within one year of a written notice being served on the Owner of that property in accordance with this Part, the costs of responding to that service call including but not limited to the attendance, are Excessive Nuisance Abatement Fees. 9.6 Without limiting other rights and remedies available to the City, the City may issue an invoice to the Owner for Excessive Nuisance Abatement Fees, and treat those amounts as a debt owing to the City by the Owner. 9.7 If the City issues an invoice to the Owner for the Excessive Nuisance Abatement Fees and those fees are not paid in full before December 31 of the year the invoice is issued, the City may treat that amount as a debt owed to the City, or may be added to and form part of the taxes owed against the property PART 10- NUISANCE ABATEMENT AND COMPLIANCE ORDERS Nuisance Abatement 10.1 No person shall cause or permit a Nuisance to occur on any Property. 10.2 No Owner or Occupier of Property shall cause or permit that Property to become or to cause a Nuisance, or to be used in a manner that causes a Nuisance. 10.3 Every Owner or Occupier of Property which is, causes, or is used in a manner which causes a Nuisance, shall abate the Nuisance or the activity or thing that causes of creates the Nuisance. Compliance Orders 10.4 If a Bylaw Enforcement Officer determines that an Owner or Occupier of Property has failed to comply with any obligation or requirement under this bylaw, the Bylaw Enforcement Officer may issue that person a Compliance Order requiring that person to comply with the obligations or requirements of this bylaw. 10.5 A Compliance Order under section 10.4 must state: a. the civic address of the subject property; b. the legal description of the subject property; c. the particulars of the non-compliance with this bylaw to be remedied, which may include specific instructions about how the non-compliance is to be remedied; d. the deadline by which the non-compliance must be remedied; e. in the event the requirements of the Compliance Order are not met by the deadline specified, the City or its agents may fulfill the requirements of the Compliance Order without further notice to the person ordered to comply; f. that any step taken by the City to fulfill the requirements of the Compliance Order will be taken at the expense of the person who failed to comply with the Compliance Order, which costs include without limitation administrative costs, staff and contractor costs, costs associated with attending the property and fulfilling the requirements of the Compliance Order, costs associated with any removal and disposal of any item, and costs associated with cleaning up or repairing the property; and g. the costs of fulfilling the requirements of the Compliance Order may be recovered from the person against whom the Compliance Order was issued as a debt owed to the City, or may be added to the property tax roll of the property which was the subject of the Compliance Order as a service provided to that property, and collected in the same manner as property taxes. 10.6 A Compliance Order must be served on the Owner or Occupier against whom it is issued, and any Owner of the Property not name in the Compliance Order, which service must be effected: a. personally; or b. in the case of the Occupier, by being posted on the front door or other prominent place on the property, or mailed by regular mail to the Property regardless of whether that mail is accepted by the recipient; or c. in the case of an Owner, by registered mail sent to the address of the Owner of the Property as shown on the last revised real property assessment roll, or if there is no such address, to the address listed on the title to the property, regardless of whether or not the registered mail is accepted by the recipient. 10. 7 Service of a Compliance Order under section 10.6 is deemed to take effect the earlier of: a. when personal service is effected; b. when the notice is posted on the property, or seven calendar days following the notice c. the registered mail being delivered, accepted, or refused. 10.8 Any person who is issued and served with Compliance Order must cure the non­ compliance and otherwise fulfill the requirements of the Compliance Order by the date and time specified by the Compliance Order. 10.9 If a person issued and served with a Compliance Order fails to cure the non­ compliance or otherwise fulfill the requirements of the Compliance Order by the date and time specified by the Compliance Order, the City may, by its employees, contractors, and agents, abate the non-compliance and otherwise fulfill the requirements of the Compliance Order in accordance with section 17 of the Community Charter at the expense of the person in default, and in particular may: a. at all reasonable times and in a reasonable manner enter the Property and perform the steps necessary to abate the non-compliance or fulfill the requirements of the Compliance Order at the expense of Owner, Occupier, and the person who failed to comply; and b. invoice those persons for the costs of doing so; and, if the costs of doing so are not paid within 30 days of the invoice being delivered to that person, may further; c. recover the expenses of doing so as a debt from that person; d. sell the matter or thing (or any part of it) in relation to which the requirement was imposed, and deal with the proceeds of sale in accordance with the Community Charter, or e. for any work done or services performed in respect of the subject property to fulfill the requirements of the Compliance Order, and if the costs of doing so remain unpaid by December 31 of the year in which the requirement was fulfilled, treat the costs of doing so as unpaid property taxes owing against the property for which the work was performed, to be collected in the same manner as unpaid property taxes owing against the property on which the work or services were provided. 10.1 O If the non-compliance or other issue that is the subject of a Compliance Order arises again or resumes within 30 days after the requirements of the Compliance Order were performed: a. the Compliance Order is deemed not to have been complied with; b. the new or resumed non-compliance shall be deemed to be a continuation of the non-compliance giving rise to the Compliance Order; and c. the City may enforce the Compliance Order, including by performing the requirements of the Compliance Order and recovering the cost of doing so. Reconsideration 10.11 In accordance with section 78 of the Community Charter, any Person affected may request reconsideration by Council. 10.12 A Person may request that Council reconsider: a. the issuance or terms of a Compliance Order; b. a demand for payment of Excessive Nuisance Abatement Fees; or c. a demand for payment of Repeat Nuisance Service Call Fees; by submitting a written request for reconsideration to the City's Corporate Officer in accordance with section 10.13 of this bylaw. 10.13 All requests for reconsideration must: a. be submitted in writing to the Corporate Officer within: i. ten (1 O days of the Compliance Order being served in accordance with section 10.6 of this bylaw; or ii. ten (10) days of the demand for payment of Excessive Nuisance Abatement Fees or the demand for payment of Repeat Nuisance Service Call Fees is issued by the City. As the case may be; and b. include a description of the grounds upon which the request for Council reconsideration is made. 10.14 Upon receipt of a compliant written request for reconsideration, the Corporate Officer shall schedule the time, date, and place for Council to hear the matter. 10.15 Upon reconsidering the issuance or terms of a Compliance Order or a demand for payment of Excessive Nuisance Abatement Fees or Excess Nuisance Service Call Fees issued under this bylaw., Council may confirm, set aside, or alter the order or demand, as it may deem appropriate in the circumstances. PART 11 - ENFORCEMENT AND PENALTIES 11.1 The provisions of this bylaw may be enforced by a Bylaw Enforcement Officer, Peace Officer, or any other person designated_ or appointed by Council to enforce this bylaw. 11.2 Every Person who violates any provision of this bylaw, or who permits any act or thing to be done in contravention of this bylaw, or who fails to do any act or thing required by this bylaw, is guilty of an offence under this bylaw and: a. shall be liable to a fine set out in the Municipal Ticket Information Bylaw .. b. shall be liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000), imprisonment of not more than 6 months, or both, plus the costs of prosecution, in addition to any other penalties or remedies provided for in this bylaw, and in addition to any other remedy permitted by any other statute or enactment. ; and c. any combination of the above. 11.3 Any fine or penalty or remedy imposed under this bylaw shall be in addition to and not a substitute for any other penalty or remedy imposed pursuant to any other applicable enactment. 11.4 Each day an offence against this bylaw continues or exists shall be deemed to be a separate and distinct offence. PART12-SCHEDULES 12.1 The following Schedules are attached to and form part of this bylaw and are enforceable in the same manner as this bylaw: Schedule "A" - Prohibition Order Schedule "B" - Property Maintenance Standards For Vacant Buildings Schedule "C" - Application For Vacant Building Registration Permit Fees Schedule "D" - Excessive Nuisance Abatement Fees PART 13 - REPEAL 13.1 City of Kimberley Nuisance Abatement Bylaw No. 2550, 2016 is hereby repealed. 13.2 City of Kimberley Smoking Bylaw, Bylaw No. 2528, 2015 is hereby repealed. 13.3 Unsightly Premises Bylaw No. 1872, 1995 and all amendments are hereby repealed. 13.4 Bylaw NO. 1434 "Kimberley Noise Bylaw, 1981" is hereby repealed. 13.5 Kimberley Firearms Regulations Bylaw, Bylaw No. 1564, 1985 is hereby repealed. Read a first, second, and third time on the 26th day of October, 2020. AI /tJe 9th day of NKvember, 2020. · {;li{ rJ Uved7 J(, '-1J1a41M Mayor Corporate Officer SCHEDULE "A" PROHIBITION ORDER City of Kimberley Good Neighbour Bylaw No. 2671, 2020 CITY OF KIMBERLEY PROHIBITION ORDER DATE ISSUED: PERSON PROHIBITED: DESCRIPTION OF PERSON PROHIBITED: DATE OF BIRTH: HAIR COLOUR: EYE COLOUR HEIGHT: WEIGHT: DESCRIPTION AND FEATURES: ADDRESS OF PERSON PROHIBITED: PROHBITED FROM ENTERING THE FOLLOWING PUBLIC PLACE: GROUNDS FOR PROHIBITION: EXPIRY DATE OF PROHIBITION SCHEDULE "B" Property Maintenance Standards For Vacant Buildings City of Kimberley Good Neighbour Bylaw No. 2671, 2020 GENERAL 1. Excess combustible materials shall be removed from any Vacant Building in order to reduce the fire risk posed by the building, and no Vacant Building shall contain excess combustible materials. 2. No "squatting" or other unauthorized or illegal occupancy may occur in an Vacant Building. 3. A Vacant Building may be maintained so that it does not contain infestations of rodents, insects and other similar pests, and does not contain any other potential health or safety risk to the community, or to people or buildings in the vicinity. EXTERIOR WALLS 4. The exterior of every Vacant Building must be repaired and maintained in a manner that: a. ensures the integrity of the building envelope to protect the Vacant Building from the weather and from infestations of insects, rodents and other pests; and b. prevents a substantial depreciation in property values in the immediate neighbourhood that would otherwise arise if the Vacant Building's exterior were not so maintained. 5. In addition to and without restricting the general obligation of the preceding paragraph, a Vacant Building must also meet the following requirements: ROOFS a. all exterior surfaces must consist of materials that provide adequate protection from the weather; b. all exterior walls and their components, including coping and flashing, must be maintained in good repair; c. all exterior walls must be free of holes, breaks, loose or rotting boards or timbers and any other condition which might permit the entry of insects, rodents or other pests to the interior of the wall or the interior of the building; d. exterior wood surfaces must be adequately protected against deterioration by the periodic application of paint, stain or other protective coating; e. no more than 25% of any painted area of any exterior wall may be blistered, cracked, flaked, scaled, or chalked away; f. the mortar of any masonry or stone exterior wall may not be loose or dislodged. g. the exterior of every building must be free of graffiti; and h. loose material must be removed from exterior walls, doors and window openings. 6. Roofs of a Vacant Building must be constructed and maintained so as to protect and maintain the building envelope of the Vacant Building, to prevent rainwater or melting snow or ice from entering the building, or negatively affecting neighbouring buildings or properties, and to prevent objects and materials from falling from the roof. SECURING BUILDING 7. An Owner of a Vacant Building must ensure that the Vacant Building remains secured at all times by complying with the requirements set out in either Part 1 below, or Part 2 below: Part 1 Requirements: a. All exterior doors to the Vacant Building are operational, fit tightly within their frames when closed, and are kept locked so as to prevent entry. b. All windows to the Vacant Building are either permanently sealed, or locked so as to prevent entry. c. All windows, doors, basement and attic hatchways, and their frames, are so constructed and maintained to completely exclude rain and substantially exclude wind from entering the building. d. All windows are in good repair; and properly glazed. Part 2 Requirements: a. All doors, windows and other openings, other than the principal entrance, at the basement and first floor levels must be covered in compliance with this Part with a solid piece of plywood, at least 11 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. b. The principal entrance must be covered in compliance with this Part with a solid piece of plywood, at least 11 millimetres thick, adequately secured with screws at least 50 millimetres in length, spaced not more than 150 millimetres on centre. c. Windows, doors and other openings at the second floor level and above must be secured either in a manner which complies with Part I, or be covered in compliance with this Part with a solid piece of plywood, at least 8 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. d. Windows, doors and other openings at the third level or higher must be secured from inside the building, and any plywood applied to all other openings must be secured from the exterior. e. Plywood applied to openings must be installed and maintained in a way that is weather tight, and must be protected from the elements with at least two coats of white paint, or paint of color consistent with the colour or appearance of the Vacant Building. f. Plywood applied to openings must further be installed in a way where a hole is cut into the plywood only as large as required to permit door hardware to protrude. g. All floors above the first or main floor must be rendered inaccessible to entry, including by raising fire escapes and ladders at least four metres from the ground or otherwise securing them from use. h. All areaways must be secured by being filled with concrete or unshakeable fill, or by covering them with a metal plate at least 8 millimetres thick, with the plate secured to prevent it from shifting. i. Electricity, natural gas, and water services to the Vacant Building must not be cut off if necessary to maintain fire protection, fire alarms, and otherwise may only be cut off in a manner satisfactory to the City, a Building Official, the Fire Chief, a Bylaw Enforcement Officer, or other person designated to enforce this Bylaw. j. A Vacant Building must have "No Trespassing" signs posted on all sides of the Vacant Building. SCHEDULE "C" APPLICATION FOR VACANT BUILDING REGISTRATION PERMIT FEES City of Kimberley Good Neighbour Bylaw No. 2671, 2020 FEES APPLICATION TYPES FEES Residential Vacant BuildinQ $150.00 Application Fee Commercial Vacant Building $500.00 Application Fee Industrial Vacant Building $500.00 Application Fee OTHER FEES Safety inspection prior to Vacant Building Registration $200.00 Permit Fee for subsequent inspection $100.00 / inspection Fee for Annual Vacant Building Registration Permit per $300.00 structure Attendance by the Kimberley Fire Department Actual cost of labour, materials, and equipment. SCHEDULE "D" EXCESSIVE NUISANCE ABATEMENT FEES City of Kimberley Good Neighbour Bylaw No. 2671, 2020 FEES RESPONDING AGENCY FEES RCMP Attendance $150.00 per attendance or Call Kimberley Fire Department Attendance $150.00 per attendance or Call Other Personnel or City staff $150.00 per attendance or Call