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DISTRICT OF LAKE COUNTRY
BYLAW 857, 2013
CONSOLIDATED VERSION
(Includes amendment as of October 4, 2022)
This is a consolidated copy to be used for convenience only. Users are asked to refer to the Nuisance
Bylaw as amended from time to time to verify accuracy and completeness.
Amending Bylaw
Summary of Amendments
Adoption
1104
Add section d) to 4.1 Exemptions
November 5, 2019
1159
Delete & replace definitions
Delete & replace Section 7
August 24, 2021
1191
Add item 5.17 & 5.18
October 4, 2022
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DISTRICT OF LAKE COUNTRY
BYLAW 857
A BYLAW TO REGULATE AND PROHIBIT THE MAKING OR CAUSING OF NUISANCES
WITHIN THE MUNICIPAL BOUNDARIES OF THE DISTRICT OF LAKE COUNTRY
WHEREAS Council may, by bylaw, regulate or prohibit the making or causing of noises or sounds that
disturb or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood, or of persons in the vicinity;
WHEREAS Council may, by bylaw, prevent, abate and prohibit nuisances, and provide for the recovery of
the cost of abatement of nuisances from the person causing the nuisance or other persons described in
the bylaw;
NOW THEREFORE the Council of the District of Lake Country, in open meeting assembled, enacts as
follows:
1. INTERPRETATION
1.1. Any enactment referred to herein is a reference to an enactment of British Columbia and
regulations thereto, as amended, revised, consolidated or replaced from time to time and any
bylaw referred to herein is a reference to an enactment of the Council of the District of Lake
Country, as amended, revised, consolidated or replaced from time to time.
1.2. Words of phrases defined in the British Columbia 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. In this bylaw the singular shall also include the plural, and the masculine shall also include the
feminine.
1.4. If any part of this bylaw is for any reason held invalid by any court of competent jurisdiction,
the invalid portion shall be severed and the severance shall not affect the validity of the
remainder of this bylaw.
2. DEFINITIONS
"air" means the atmosphere but does not include the atmosphere inside a human-made enclosure that
is not open to the weather, or an underground mine;
"bylaw enforcement officer" means the person appointed as the Bylaw Enforcement Officer for the
District of Lake Country and includes any Peace Officer or member of the Royal Canadian Mounted
Police;
"derelict vehicle" means any vehicle or part thereof, which:
a) is physically wrecked, dilapidated or substantially damaged;
b) is not capable of operating under its own power; or
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c) is not validly registered and licensed in accordance with the Motor Vehicle Act.
"Director" means the person appointed to the position of Director for the District of Lake Country, or
their designate.
"District" means the organization of the District of Lake Country or the area within the municipal
boundaries as the context may require;
"highway" includes every highway within the meaning of the Highway Act and every street, roadway,
lane, bridge, boulevard, sidewalk, passage way, public-way, right-of-way and any other way which the
public is ordinarily entitled or may be permitted to use;
"motorboat" means a boat or any vehicle used on water that is powered by an engine;
"nuisance" means anything that is obnoxious, offensive or interferes with the use or enjoyment of
property, endangers personal health or safety, or is offensive to the senses;
"nuisance odour" means an odour in the air that is obnoxious, offensive, or interferes with the use or
enjoyment of property, endangers personal health or safety , or is offensive to the senses;
"person" includes each natural person, any company, corporation, owner, 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;
"public space" means any property to which the public is ordinarily invited or permitted to be in or on,
and includes but is not limited to, parks, grounds of public facilities or buildings, public parkades or
parking lots, playgrounds, public squares, pathways, beaches, public areas adjacent to lakes or streams
and foreshore;
"rubbish" means decaying or non-decaying solid and semi-solid wastes, including, but not limited to, all
manner of garbage and junk, 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 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;
"unwholesome matter" means physical objects which are detrimental to the physical or mental well-
being of persons.
3. GENERAL REGULATIONS
3.1. No person shall obstruct, interfere with, impede, hinder or prevent any person authorized by
this bylaw, any employee of the District, or any other person engaged by the District, from
performing any duties or exercising any authority under this bylaw.
Amended by
Bylaw 1159
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3.2. Any person authorized by this bylaw shall have the right to enter upon the property of any
owner or occupier 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.
4. EXEMPTIONS
4.1. Notwithstanding the provisions of this bylaw, no person shall be guilty of an infraction of this
bylaw while carrying out any of the following:
a) normal farm practices conducted in accordance with the Farm Practices Protection
(Right to Farm) Act;
b) works of an emergency nature for the preservation or protection of life, health or
property but the onus shall be on the person performing the work to show cause
that the work was of an emergency nature;
c) parades or public festivities authorized by the District;
d) operating any vehicle or equipment of the Municipality, Fire Department, RCMP or
any other public body engaged in carrying out a public service or carrying out work
in or on a highway, park or Municipal property.
5. NOISE REGULATIONS
5.1. No person shall make or cause, or permit to be made or caused, any noise in or on a highway
or elsewhere in the District which disturbs or tends to disturb, the quiet, peace, rest,
enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.
5.2. No person being the owner or occupier of property knowingly shall allow or permit such
property to be used so that noise or sound which emanates therefrom, disturbs or tends to
disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of
persons in the vicinity.
5.3. No person shall 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 highway or other public space in such a manner as to disturb or tend to disturb, the quiet,
peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the
vicinity.
5.4. No persons shall own, keep or harbour any animal or bird which by its barks, cries or sounds
unduly disturb or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of
the neighbourhood, or of persons in the vicinity.
5.5. No person in the District shall on any day before 7:00 a.m. or after 9:00 p.m. construct, erect,
reconstruct, alter, repair or demolish any building, structure or thing or excavate or fill in land
in any manner whatsoever which makes, causes noises or sounds in or on a highway or other
public space or elsewhere in the District which disturbs or tends to disturb, the quiet, peace,
rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.
Added by
Bylaw 1104
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5.6. Where the Bylaw Enforcement Officer considers that it is impossible or impractical to comply
with Section 5.5 of this bylaw, the Bylaw Enforcement Officer may, on application in writing,
grant approval for a construction project to carry out work that is found to be necessary, at
designated hours on designated days and on such other terms and conditions as the Bylaw
Enforcement Officer considers reasonable in the circumstances. The responsibility for
obtaining written approval lies with the person carrying on the work.
5.7. Notwithstanding the provisions of Section 5 of this bylaw, industrial or commercial equipment
sounds produced on an I zoned property within a closed building having perimeter walls
constructed with a Sound Transmission Class Rating of at least 50 as provided for in the B.C.
Building Code, shall not be considered to be a violation of this bylaw.
5.8. No person shall create a nuisance or disturbance upon any portion of a highway or other
public space by participating in a fight or other similar physical confrontation between
consenting or non-consenting persons.
5.9. No person shall cause any noise or sound from the operation of engine brakes on a
commercial vehicle, that disturbs or tends to disturb, the quiet, peace, rest, enjoyment,
comfort or convenience of the neighbourhood, except where a person is unable to safely slow
down or stop by other means.
5.10. Where the Bylaw Enforcement Officer or Director considers that an event is in the public
interest, the Bylaw Enforcement Officer or Director, may, on application in writing, grant
approval for a special event, thereby waiving the provisions of Section 5 of this bylaw. The
responsibility for obtaining written approval lies with the person responsible for the special
event.
MOTORBOATS
5.11. No person shall launch a motorboat from any lands in the District if that motorboat is
equipped with an exhaust system that permits the exhaust gases from the engine to be
expelled directly into the air without first passing through water unless the motor boat is
equipped with a muffling device that ensures that the exhaust gases from the engine are
cooled and expelled without excessive noise.
5.12. No person shall operate a motorboat in the District if that motorboat is equipped with an
exhaust system that permits the exhaust gases from the engine to be expelled directly into the
air without first passing through water unless the motorboat is equipped with a muffling
device that ensures that the exhaust gases from the engine are cooled and expelled without
excessive noise.
5.13. No person shall operate any motorboat powered by an engine equipped with exhausting
devices commonly described as dry stacks or dry headers.
5.14. No person shall operate a motor boat powered by an engine equipped with exhausting devices
commonly described as water injected headers unless a properly operating muffler is installed
thereto.
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5.15. No person shall operate a motorboat powered by an engine equipped with exhausting devices
commonly described as over-transom water cooled exhaust unless a properly operating
muffler is installed thereto.
5.16. No person shall operate a motorboat so as to cause noise which disturbs or tends to disturb,
the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of
persons in the vicinity.
5.17. No person shall create a nuisance or disturbance upon any portion of a highway or other public
space by making, causing or permitting a motor vehicle to be operated in such a manner that
the tires squeal.
5.18. No person shall create a nuisance or disturbance upon any portion of a highway or other public
space by making, causing or permitting a Motor Vehicle's engine or exhaust system when such
noises or sounds are loud, roaring or explosive.
6. UNSIGHTLY PREMISES REGULATIONS
6.1. No owner or occupier of property shall cause, suffer or permit stagnant water, rubbish,
noxious, offensive, or unwholesome matter to collect or accumulate on their premises.
6.2. Notwithstanding the provisions of Sections 6.1 of this bylaw, storage of rubbish is permitted
on property provided that
a) it does not create a fire hazard as determined by the District Fire Chief, and
b) it is kept within an accessory building, or
c) it is kept within an enclosed screened area no larger than 30 m2 (323 sq ft). Each
property may have one (1) enclosed screened area which must consist of a solid
wood fence or evergreen landscaping 1.83 m (6 ft) in height.
6.3. No owner or occupier of property shall cause or permit a visual nuisance on their premises.
6.4. No owner or occupier of property shall allow their property to become or remain unsightly by
accumulation of filth, rubbish or graffiti.
6.5. No person shall deposit or throw bottles, broken glass or other rubbish in any public space.
6.6. No person shall place graffiti on walls, fences or elsewhere on or adjacent to a public space.
6.7. Notwithstanding the provisions of Section 6 of this bylaw, outdoor storage of goods and
chattels shall not be considered to be a violation of this bylaw when permitted by the District
Zoning Bylaw.
6.8. No owner or occupier of property shall permit the storage of more than one (1) unlicensed
vehicle on their premises.
PROPERTY LOCATED WITHIN THE AGRICULTURAL LAND RESERVE
Added by
Bylaw 1191
Added by
Bylaw 1191
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6.9. Storage of waste and organic fertilizers is permitted on property located within the Agricultural
Land Reserve being used for agriculture conducted in accordance with normal farm practices
under the Farm Practices Protection (Right to Farm) Act.
6.10. Storage of machinery, farm vehicles, associated farm materials and two (2) unlicensed non-
farm vehicles is permitted on property located within the Agricultural Land Reserve being used
for agriculture conducted in accordance with normal farm practices under the Farm Practices
Protection (Right to Farm) Act.
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Section 7 deleted and replaced by Bylaw 1159
7. NUISANCE ODOUR AND NUISANCE LIGHTING REGULATIONS
7.1.
A person, being the owner or occupier of property, shall not allow or permit such property to
be used so that nuisance odours emanate therefrom which disturbs or tends to disturb, the
quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in
the vicinity.
7.2.
A person, being the owner or occupier of property, shall not allow or permit light from an
exterior source to be placed or lit in such a way that:
(a) the light fixture casts light directly onto a window or other opening of a residential structure
located across a street, or adjacent to, the real property;
(b) the light unreasonably disturbs the peace, rest, enjoyment, comfort or convenience of the
owner or occupier of the neighbouring real property.
This shall not apply to exterior light emanating from streetlights, lights on playing fields and
lights on school playgrounds.
8. PENALTIES
8.1. Any person who violates a provision of this bylaw or who suffers or permits any act or thing to
be done in contravention or in violation of any of the provisions of this bylaw or who neglects
to do or refrains from doing anything required to be done by any of the provisions of this
bylaw, commits an offence and is liable on summary conviction to a penalty not exceeding Ten
Thousand Dollars ($10,000.00) plus the cost of prosecution.
8.2. Each day that the violation continues to exist shall constitute a separate offence.
9. ENFORCEMENT
9.1. Upon receipt of a complaint regarding violation of the regulations contained in this bylaw, the
Bylaw Enforcement Officer is authorized to investigate the complaint and administer the
requirements of the bylaw.
9.2. Where the Bylaw Enforcement Officer has received a complaint and the subsequent
investigation verifies the complaint, the Bylaw Enforcement Officer may issue a written order
requiring that the owner, occupier or other responsible person remedy the condition which
gave rise to the complaint so as to bring the nuisance or property into compliance with the
provisions of this bylaw, within such time as the Bylaw Enforcement Officer considers
appropriate in the circumstances.
9.3. Where, after the expiry of 15 days from delivery of an order given pursuant to Section 9.2 of
this bylaw, the condition which gave rise to the order has not been remedied, the District,
through its officers, employees or agents may, at reasonable times and in a reasonable
manner, without further notice, enter on the property and effect compliance with this bylaw
at the expense of owner or occupier of the property.
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9.4. If the compliance is carried out under Section 9.3 of this bylaw and the property occupier or
owner does not pay the costs on or before December 31st in the year that the compliance was
effected, the cost may be added to and form part of the taxes payable in respect of the said
property as taxes in arrears. Such costs shall consist of all costs and expenses incurred by the
District to achieve compliance with this bylaw including, without limitation, legal costs,
administrative costs, cost to attend property by District employees or its contractors and the
costs of removal, clean up and disposal.
9.5. An order or notice required to be given under this bylaw shall be sufficiently provided if it is
served personally to the owner or occupier of the property, mailed by prepaid registered mail
to the owner or occupier of the property as shown on the current year's real property
assessment roll or the District has made all such reasonable efforts to deliver the order or
notice to the owner or occupier of the property."
10. REPEALS
10.1. Regional District of Central Okanagan Noise Control Bylaw No.403, 1989 and all amendments
thereto are hereby repealed.
10.2. Regional District of Central Okanagan Prohibition of Unsightly Premises Bylaw No. 433, 1990
and all amendments thereto are hereby repealed.
10.3. District of Lake Country Nuisance Odours Prohibition Bylaw 99-280 and all amendments
thereto are hereby repealed.
CITATION
10.4. This Bylaw may be cited for all purposes as "Nuisance Bylaw 857, 2013."
READ A FIRST TIME this 19th day of March 2013.
READ A SECOND TIME this 19th day of March 2013.
READ A THIRD TIME this 19th day of March 2013.
THIRD READING RESCINDED this 16th day of April, 2013
READ A THIRD TIME AS AMENDED this 16th day of April, 2013.
ADOPTED this 5th day of May, 2013.
Original signed by James Baker
Original signed by Reyna Seabrook
______
Mayor
Corporate Officer
I hereby certify the foregoing to be a true and correct copy of "Nuisance Bylaw 857, 2013." as adopted
by Municipal Council on the 5th day of May, 2013.
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__________________________
_______________________________
Dated at Lake Country, B. C.
Corporate Officer