Good Neighbour Bylaw No. 200, 2021 (consolidated to Bylaw 349, 2023) - Property Maintenance
Lantzville, British Columbia
· No. 200
· adopted 2021-09-22
· summary & facts
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DISTRICT OF LANTZVILLE
GOOD NEIGHBOUR BYLAW NO. 200, 2021
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of Bylaw No. 200 with the bylaw listed below. The amending bylaw has been
combined with the original bylaw for convenience only. This consolidation is not a legal document.
The Corporation does not warrant that the information contained in this consolidation is current.
Certified copies of the original bylaws should be consulted to ensure accurate, current bylaw provisions.
Date of
Adoption
Amending
Bylaw
Bylaw
Citation
September 13, 2023 Bylaw No. 349
Good Neighbour Bylaw No. 200, 2021, Amendment (Noise)
Bylaw No. 349, 2023
The bylaw numbers in bold in the margin of this consolidation refer to the last bylaw that
amended each section of the principal bylaw: District of Lantzville Good Neighbour Bylaw
No. 200, 2021.
District of Lantzville Good Neighbour Bylaw No. 200, 2021
Consolidated for Convenience (As at September 14, 2023) to Amendment Bylaw No. 349, 2023
Page 2 of 20
DISTRICT of LANTZVILLE
GOOD NEIGHBOUR BYLAW
NO. 200, 2021
District of Lantzville Good Neighbour Bylaw No. 200, 2021
Consolidated for Convenience (As at September 14, 2023) to Amendment Bylaw No. 349, 2023
Page 3 of 20
TABLE OF CONTENTS
Page
CITATION................................................................................................................. 3
INTERPRETATION.................................................................................................. 3
SEVERABILITY........................................................................................................... 3
GENERAL REGULATIONS...................................................................................... 4
Public Areas............................................................................................................... 4
LITTERING............................................................................................................... 4
STREET NUISANCES............................................................................................... 5
Restrictions on Panhandling..................................................................................... 5
NOISE REGULATION.............................................................................................. 5
General Noise Prohibitions....................................................................................... 5
Specific Noise Prohibitions....................................................................................... 6
Motor Vehicle Noise.................................................................................................. 6-7
Motor Vehicle Idling Noise....................................................................................... 7
Noise Exemptions..................................................................................................... 7-9
PROPERTY MAINTENANCE.................................................................................. 9
Regulations............................................................................................................... 9
Vacant Premises........................................................................................................ 9
Graffiti....................................................................................................................... 10
Boulevard, Highway and Sidewalk Maintenance..................................................... 10
Property Maintenance Exemptions.......................................................................... 10-11
MANAGEMENT OF PUBLIC AREAS...................................................................... 11-12
INSPECTIONS.......................................................................................................... 12
ENFORCEMENT, PENALTY & COMPLIANCE ORDERS...................................... 12-13
Compliance Order..................................................................................................... 13-14
Excessive Nuisance Service Calls.............................................................................. 14-15
SCHEDULE "A" ........................................................................................................ 16-19
District of Lantzville Good Neighbour Bylaw No. 200, 2021
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DISTRICT OF LANTZVILLE
GOOD NEIGHBOUR BYLAW NO. 200, 2021
A Bylaw to enhance the quality of life for the residents of the District of Lantzville
The Council of the District of Lantzville in open meeting assembled enacts as follows:
CITATION
1.
This Bylaw may be cited as "District of Lantzville Good Neighbour Bylaw No. 200,
2021".
INTERPRETATION
2.
In this Bylaw, words or phrases defined in the British Columbia Interpretation Act,
Motor Vehicle Act, Local Government Act, Community Charter, or any successor
legislation, shall have the same meaning when used in this Bylaw unless otherwise
defined in this Bylaw. Unless otherwise indicated, a reference to a statute refers to
a statute of British Columbia, and a reference to any statute, regulation, bylaw or
other enactments refers to that enactment as it may be amended or replaced from
time to time. In the event of a conflict between this Bylaw and a Provincial
enactment, the stricter law prevails.
3.
Schedule "A" contains definitions of terms used in this Bylaw and forms part of this
Bylaw.
4.
In this Bylaw, unless the context otherwise requires, the singular shall include the
plural and the masculine shall include the feminine gender.
5.
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 of the intent of the
provisions of this Bylaw.
6.
Scales of fees and charges referred to in this Bylaw are listed in Schedule "F" of the
Miscellaneous Fees and Charges Bylaw No. 26, 2004.
SEVERABILITY
7.
If any section, paragraph, clause or word of this Bylaw is held to be invalid or
unenforceable by a court of competent jurisdiction, that portion is severed from the
Bylaw and the remaining portions continue to be valid and enforceable.
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GENERAL REGULATIONS
8.
No person shall place or occupy any building, structure, works, tent, vehicle,
secondary temporary accommodation, recreational facility or recreational
vehicle whatsoever on any part of District-owned land, including statutory rights
of ways or road allowances except as authorized under the Traffic and Parking
Regulations Bylaw No. 28, 2004, with the written approval of the District or as
provided in this Bylaw.
9.
No person shall discharge a firearm within the boundaries of the District, with
the exception of:
(a)
a Conservation Officer or Peace Officer carrying out their official duties;
(b)
in accordance with normal farm practices under the Farm Practices
Protection (Right to Farm) Act";
(c)
persons exercising an Aboriginal Right.
10.
No person shall feed any animal, including geese and seagulls, other than a
domestic animal or pet, unless otherwise permitted under the applicable zoning or
land designation bylaw, except that bird feeders are permitted on residential
property subject to the owner or occupier keeping the land area below the bird
feeder free of accumulation of seed and debris from the bird feeder at all times.
Public Areas
11.
No person shall climb, peel, cut, deface, remove, top, injure, or in any way
damage any tree planted or growing on District-owned land or deface, remove,
damage, or destroy any structure, fence, or facility on District-owned land
without first obtaining written permission of the Director of Public Works.
12.
No person shall place or erect any structure, sign, bulletin board, post, pole or any
other advertising device, paint or affix any advertising in public areas or on
District-owned land, except on a community board designated for that purpose or
with prior approval of the District.
13.
No person shall consume or possess any open liquor, alcoholic beverage or
cannabis on District-owned land within the District boundaries except with the
written approval of the District.
LITTERING
14.
No person shall affix to or place advertisements on, or within any lot, building,
pole, or vehicle, unless such advertisements are deposited within a container
provided by the property owner or occupiers of the land or building.
15.
No person shall deposit, leave, bury or throw rubbish, advertisements or
other litter anywhere within the District, including without limitation wooded
areas and beaches, except in a container designated for that purpose.
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16.
No person shall carry into the District any rubbish or litter for disposal or
placement except as permitted by the District's Zoning Bylaw No. 180, 2020.
STREET NUISANCES
17.
Restrictions on Panhandling
No person shall panhandle within 10 metres of:
(a)
an automated teller machine;
(b)
a bus stop or bus shelter;
(c)
a public beach;
(d)
a park;
(e)
the entrance to any property that a liquor store occupies; or
(f)
other public facility.
18.
No person shall panhandle from an occupant of a motor vehicle which is:
(a)
parked;
(b)
stopped at a traffic control signal; or
(c)
standing temporarily for the purpose of loading or unloading.
19.
No person shall panhandle after sunset.
20.
No person shall sit, stand, or lie on the travelled portion of a highway for the
purpose of panhandling.
21.
No person shall on a commercial basis solicit for orders, busk or peddle
merchandise of any kind in a public area or on District-owned land, without
prior written permission issued by the District.
NOISE REGULATION
22.
General Noise Prohibitions
Unless exempted under this Bylaw, no person shall make, cause or permit to be
made or caused, any noise in or on any private property or place or on a highway
or other public area in the District which disturbs or tends to disturb the quiet,
peace, rest, enjoyment, comfort or convenience of any person in the
neighbourhood or vicinity of that place.
[Bylaw 349]
23.
Without limiting section 22, quiet hours in the District are between 10:00 pm and
7:00 am, including on beaches. No person shall make, cause or allow unnecessary
or continuous noise during these quiet hours, except as provided in section 27.
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Specific Noise Prohibitions
24.
Without limiting the generality of sections 22 and 23 herein:
(a)
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 property or on any highway or other public
area in such a manner as to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of any person in the neighbourhood or vicinity of
those premises or place;
(b)
No person being the landowner or occupier of land shall allow or permit
such land to be used by a person for playing or operating any radio or
stereophonic equipment or other instrument or other apparatus for the
production or amplification of sound that can be easily heard from beyond
the property and which disturbs or tends to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of any person in the neighbourhood or
vicinity of said land;
(c)
No person shall keep or harbour any dog, cat, or other animal or bird in
such a manner that its barking, howling, cries or other sounds can be easily
heard, continually, sporadically or erratically, for any period longer than 30
minutes by a person who is not on the property or premises;
(d)
No person may operate, or cause, suffer or permit the operation of any
motorized lawn-grooming or garden equipment in the District between the
hours of 8:00 pm and 8:00 am;
[Bylaw 349]
(e)
Subject to section 27 (h), no person, landowner or occupant of land shall:
i)
on Monday to Friday before 8:00 am or after 8:00 pm
ii)
on Saturday and Sunday before 9:00 am or after 6:00 pm,
cause, permit or allow a person to construct, erect, reconstruct, alter,
repair or demolish any building, structure or thing, or excavate or fill in land
in any manner which causes noise or sounds in or on any property, a
highway or elsewhere in the District which disturbs the quiet, peace, rest,
enjoyment, comfort or convenience of any person or persons in the
neighbourhood or vicinity;
(f)
No person shall cause or continue a disturbance upon any portion of a
highway or other public area by participating in a fight or other similar
physical confrontation between consenting or non-consenting persons.
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Motor Vehicle Noise
25.
The following motor vehicle noises are considered unnecessary, objectionable or
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of
individuals or the public and are prohibited, whether or not they amount to a
violation of any other provision of this Bylaw:
(a)
the squeal of a tire on a road surface made by a motor vehicle which is
accelerating, stopping, or changing direction;
(b)
a loud, roaring or explosive sound emitted by a motor vehicle within the
District;
(c)
the amplified sound or bass of a radio, player, or other sound playback
device or amplification equipment, or the sound of a musical instrument,
that emanates from a motor vehicle and can be easily heard by someone
outside the motor vehicle;
(d)
the sound of an automobile security system which is made, either
continuously or intermittently, for a period exceeding three (3) minutes, or
made more than three (3) times in a 24-hour period;
(e)
the sound of a horn or other warning device on a motor vehicle used for
any purpose other than as an audible warning incidental to the safe
operation of the motor vehicle;
(f)
the sound of a brake or other type of engine brake on a motor vehicle used
or operated for any purpose other than as an emergency braking device
incidental to the safe operation of the motor vehicle.
Motor Vehicle Idling Noise
26.
No person shall idle or otherwise run a motor vehicle continuously for more
than three (3) minutes at the same location, except:
(a)
a motor vehicle containing equipment that must be operated inside or in
association with a motor vehicle;
(b)
a motor vehicle while providing assistance in an emergency activity or
serving as a facility for taking measurements or making observations by or
on behalf of the District, public utility, police, fire or ambulance; or
(c)
a motor vehicle, where idling is required as part of an inspection, servicing
or repair process.
Noise Exemptions
27.
The noise restrictions of this Bylaw do not apply in the following circumstances:
(a)
operating or in charge of Fire Department, police or ambulance vehicles
while in the execution of their duties;
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(b)
operating any motor vehicle, machinery or other apparatus or thing during
an emergency or for a public purpose or in furtherance of the public interest
including, without limiting the generality of the foregoing, water main and
sewer main break repairs, snow removal, or civil defense exercises;
(c)
performing works of an emergency nature for the preservation or protection
of life, health or property, provided that, the onus shall be on the person
performing the work to show cause that the work was of an emergency
nature;
(d)
performing farm operations conducted in accordance with normal farm
practices under the Farm Practices Protection (Right to Farm) Act;
(e)
lawfully carrying on a trade or industry on property zoned commercial or
light industrial to allow for such use, provided that the sound or noise there
from does not exceed the sound or noise common to such trade or industry
where carried out in accordance with generally accepted industry standards
using equipment and facilities in good operating order;
(f)
operating residential household equipment including, but not limited to,
pool pump motors, air conditioning units, exhaust fans, hot tub pumps, heat
pumps provided that the sound or noise there from does not exceed the
sound or noise common to such household equipment when in good
operating order and being used in accordance with generally accepted
industry standards;
(g)
hosting events held under the authority of a special event permit
approved by the District;
(h)
carrying out construction work under written authorization of the Director
of Planning where the Director of Planning considers that it is
impossible or impractical for a person to comply with section 24 (e), and
has, upon receipt of an application in writing, authorized construction 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 Director of
Planning considers reasonable in the circumstances. An application for an
exemption must be in writing and must include all of the following:
(i)
the name, address, telephone number and email of the applicant;
(ii)
the civic address of the location of the works;
(iii)
the building permit number, if applicable;
(iv)
the reasons for the requested exemption;
(v)
a description of the source of noise in respect of which the exemption
is sought;
(vi)
the exact period of time for which the exemption is requested; and
(vii)
a statement of the measures planned or presently being taken to
minimize the sound or noise created;
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(i)
Operating a mobile public address system approved through a special
event permit approved by the District.
PROPERTY MAINTENANCE
Regulations
28.
A landowner or occupier of any real or personal property must not cause, permit
or allow the property to become or remain unsightly.
29.
Without limiting the generality of the foregoing, except as permitted under sections
36 and 37 of this Bylaw, no landowner or occupier of land shall cause or allow:
(a)
rubbish, or any noxious, offensive, or unwholesome matter to collect or
accumulate on the land;
(b)
rubbish to overflow from or accumulate around any container situated
on the land;
(c)
the land to become or remain unsightly;
(d)
the accumulation of unmanaged vegetation, dead landscaping, weeds, or
noxious weeds to occur or to remain on the land;
(e)
the infestation of caterpillars, termites, mice, rats, or other pests, or
destructive animals to remain on the land;
(f)
more than two (2) unregistered or unlicensed vehicles stored outdoors
within the landowner's property boundaries except as permitted by the
District's Zoning Bylaw No. 180, 2020;
(g)
an accumulation outdoors of motor vehicle parts or any vehicle which
is in a state of disrepair or disassembly or is a derelict vehicle except as
permitted by the District's Zoning Bylaw No. 180, 2020;
(h)
noxious weeds to grow on the land and shall remove or have removed,
any noxious weeds on the land in a manner which eliminates the
regrowth of the noxious weeds.
Vacant Premises
30.
A landowner must ensure that vacant land, buildings or structures are secured
from unauthorized entry, and must not cause or allow a vacant building or
structure to fall into such a state of dilapidation or disrepair that it becomes
unsightly or creates a hazard, danger or inconvenience to the general public.
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Graffiti
31.
No person shall place graffiti, or cause or allow graffiti to be placed, on any
wall, fence, building or structure that is in the District.
32.
Every landowner or occupier shall keep any wall, fence, building, structure or
surface located on such property and adjacent to a highway or public area, free
of graffiti.
Boulevard, Highway and Sidewalk Maintenance
33.
Every landowner or occupier of land adjacent to a boulevard or highway shall:
(a)
ensure that the portion of the boulevard adjacent to the land, is
maintained and kept free and clear, at all times, of weeds, accumulations
of filth, rubbish, litter, and hazardous objects;
(b)
ensure that the land is kept free and clear, at all times, of weeds that are
within one meter from the boundary between the land and the adjacent
boulevard, so as to prevent and control the spreading of weeds to
adjacent boulevards;
(c)
ensure that the land is kept free and clear, at all times, of accumulations
of filth, rubbish, litter, and hazardous objects that are within one meter
from the boundary between the land and the adjacent boulevard;
(d)
prevent any encroachment or obstruction by vegetation, landscaping
features, fences, gates or other private property features or weeds on
sidewalks, boulevards, road shoulders, roadways, or public rights of way;
and
(e)
keep hedges, trees and other vegetation trimmed so that driveway and
intersection sight distances are unobstructed.
34.
Every owner or occupier of land shall remove, or cause the removal of snow, ice or
rubbish from every sidewalk that borders on that land within 24 hours of the time
the snow, ice or rubbish is deposited there on.
35.
No person shall deposit or cause or permit the deposit of rubbish, litter, on any
public area of the District, including without limitation beaches.
Property Maintenance Exemptions
36.
Section 29 of this Bylaw does not apply to the orderly outdoor storage of goods and
chattels as permitted by the District's Zoning Bylaw No. 180, 2020.
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37.
Section 29 of this Bylaw does not apply to farm operations conducted in
accordance with normal farm practices under the Farm Practices Protection
(Right to Farm) Act.
MANAGEMENT OF PUBLIC AREAS
38.
A person must not use fertilizers, pesticides, and herbicides in public areas.
39.
With the exception of boulevards where maintenance is required to be done by
adjacent property owners, a person must not alter or change any public area
without first obtaining written approval of the Director of Public Works.
40.
A person must not mow grass in public areas without first obtaining written
permission of the Director of Public Works.
41.
A person must not place rubbish in a municipal garbage or recycling bin.
42.
Beaches and parks in the District are closed from:
a)
November 1st to April 30th from 10:00 pm to 7:00 am; and
b)
May 1st to October 31st from 11:00 pm to 6:00 am,
for all camping, loitering, or congregating in groups of more than four persons.
43.
A person must not enter or use closed public areas including beaches and parks,
except as provided in sections 42 and 45.
44.
Overnight camping, erection and occupancy of a temporary shelter or open
burning for any purpose is prohibited in the following key sensitive areas in the
District of Lantzville:
LOCATION
CIVIC ADDRESS
Copley Park
7471 Andrea Crescent
Huddlestone Park
7080 Huddlestone Road
Rotary Park
6945 Peterson Road
Sebastion Park
7342 Lantzville Road
Fire Hall
7580 Superior Road
Municipal Hall
7192 Lantzville Road
Community Use Building A (Costin Hall)
7232 Lantzville Road
Community Use Building B (former church)
7244 Lantzville Road
School Road Parking Lot and Tennis Courts
7005 Lantzville School Road
District-owned Lands
7329 Harby Road East
All Public Beach Areas
District Trails
Environmental Sensitive Areas (as designated in the Official Community Plan)
Registered Road Rights of Way
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45.
A homeless person may take up overnight accommodation and erect and occupy
a temporary shelter in a park, except those listed in section 44, between the
hours of 7:00 pm on one day and 7:00 am the following day, provided the
homeless person:
(a)
vacates and dismantles any shelter erected by 7:00 am each morning;
(b)
removes any shelter material, personal possessions, and disposes of any
debris, rubbish, litter or any other articles in a container designated for
that purpose, by 7:00 am each morning;
(c)
does not erect a shelter within 10 metres of any playground, sports field,
picnic shelter, gazebo, public washroom, bike park, private property,
pathway, established trail or sidewalk;
(d)
does not damage or alter any District-owned land, including fencing, trees,
shrubs, plantings, benches or other municipal equipment or infrastructure;
(e)
does not obstruct a District employee in the performance of their duties.
46.
A person must not operate a drone in public areas including beaches and parks,
in such a manner as to damage or interfere with municipal structures and
equipment, or impede the use and enjoyment of public areas, including beaches
and parks.
[BURNING CONDITIONS, RESTRICTIONS AND FIRE BANS Reference the
District of Lantzville Fire Protection Services Bylaw No. 185, 2019]
[FOR FIREWORKS REGULATIONS Reference District of Lantzville Fireworks
Regulation Bylaw No. 39, 2005]
INSPECTIONS
47.
No person shall obstruct or interfere with a Bylaw Enforcement Officer or
Inspector in the exercise of their duties.
48.
A Bylaw Enforcement Officer or Inspector may enter upon the property of
any property owner or occupant at all reasonable times and in a reasonable
manner for the purposes of carrying out their duties and determining whether the
property is unsightly or otherwise not in compliance with the provisions of this
Bylaw.
ENFORCEMENT, PENALTY AND COMPLIANCE ORDERS
49.
A person who:
(a)
contravenes this Bylaw;
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(b)
permits, suffers, or allows any act or thing to be done in contravention of
this Bylaw; or
(c)
fails or neglects to do anything required to be done under this Bylaw,
commits an offence. Each day that a violation occurs or continues shall constitute
a separate offence.
50.
A person found guilty of contravening this Bylaw is liable to pay:
(a)
a fine of not less than $1,000 and not more than $50,000, together with the
cost of prosecution, if proceedings are brought under the Offence Act;
(b)
a fine of up to $1,000 if a ticket is issued under "District of Lantzville
Municipal Ticket Information Bylaw No. 100, 2012"; or
(c)
a penalty in the amount established in a bylaw under the Local Government
Bylaw Notice Enforcement Act.
51.
In addition to the payment of a penalty or fine in relation to an offence, a person
violating any of the provisions of this Bylaw may be liable to civil proceedings by
the District to recover expenses, loss or damage incurred by the District
resulting from such violation.
Compliance Order
52.
If in the opinion of a Bylaw Enforcement Officer or an Inspector, the
landowner or occupier fails to comply with a requirement of this Bylaw, the
Bylaw Enforcement Officer or an Inspector may issue a Compliance Order
requiring that the owner or the occupier, or both, bring the property into
compliance with this Bylaw within such time as the Bylaw Enforcement Officer
or Inspector considers appropriate in the circumstances.
53.
A Compliance Order may address any conditions or circumstances particular to
the property, specify actions and measures that must be taken, and establish a time
frame for completion.
54.
Delivery of a Compliance Order is deemed sufficient:
(a)
in the case of the landowner, on the day on which it is personally
delivered, or on the fifth business day after being mailed by regular post to
the address shown on the current year's property assessment roll; and
(b)
in the case of the occupant, on the day on which it is personally delivered, or
the day on which it is posted on the property, or on the fifth business day
after being mailed by regular post to the address of the property.
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55.
If the obligations imposed by the terms of a Compliance Order are not
performed within the time period set out therein, the District, by its employees,
agents, or contractors, may at all reasonable times and in a reasonable manner
enter the property and bring about such compliance at the cost of one or more of
the following:
(a)
the occupant of the property from which the non-compliance of this Bylaw
arises;
(b)
the owner of the property from which the non-compliance of this Bylaw
arises;
all of which said costs shall be calculated and invoiced to include all costs and
expenses incurred by the District to meet the requirements of the Compliance
Order, including without limitation, administrative costs; the costs to attend the
property the District employees and its contractors; the costs of equipment,
removal, cleanup, and disposal; and the cost of repairs to damaged District
equipment, vehicles or property.
56.
If a landowner or occupier defaults in paying the costs referred to in section 55 to
the District within 30 days after receipt of a demand for payment, the amount
becomes a debt due and owing to the District, and if not fully paid by December
31st, any amount outstanding may be recovered from the landowner in the same
manner as for property taxes.
Excessive Nuisance Service Calls
57.
Where a member of the R.C.M.P., a Bylaw Enforcement Officer or other
District employee is required to respond to a property for:
(a)
more than one nuisance service call within a twenty-four (24) hour period;
or
(b)
more than three nuisance service calls within a twelve (12) month period;
the landowner may be liable to pay an Excessive Nuisance Abatement Fee
for each additional nuisance service call responded to at the same property within
the twelve (12) month period following the date of the notice referred to in section
58.
58.
Before imposing an Excessive Nuisance Abatement Fee, written notice shall
first be provided to the landowner:
(a)
describing in reasonable detail the nature of the nuisance conduct, activity
or condition that occurred, or was maintained or permitted in, on or near
the land; and
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(b)
advising the landowner that Excessive Nuisance Abatement Fees will
be imposed for each additional nuisance service call to the same land and
that the imposition of such fees is in addition to the District's right to seek
other legal remedies or actions for abatement of the nuisance.
59.
Service of the notice referred to in section 58 will be sufficient if the notice:
(a)
In the case of service on an individual, is served personally or mailed by
prepaid registered mail to the address of the landowner shown on the
current year's tax roll for the land for which the notice is issued;
(b)
In the case of service on a corporation, is served personally on a director,
officer or manager of the corporation or by leaving it at or mailing it by
prepaid registered mail to the registered office of the corporation.
60.
Excessive Nuisance Abatement Fees shall be paid by the landowner on
being delivered of an invoice from the District and if not paid within 30 days,
becomes a debt owing by the landowner to the District.
61.
This bylaw shall come into effect on August 1, 2021.
READ A FIRST TIME this 29th day of March, 2021.
READ A SECOND TIME this 29th day of March, 2021.
READ A THIRD TIME this 8th day of September, 2021.
ADOPTED this 22nd day of September, 2021.
ORIGINAL SIGNED
ORIGINAL SIGNED
______________________
___________________________
Mark Swain, Mayor
Trudy Coates,
Director of Corporate Administration
District of Lantzville Good Neighbour Bylaw No. 200, 2021
Consolidated for Convenience (As at September 14, 2023) to Amendment Bylaw No. 349, 2023
Page 17 of 20
SCHEDULE "A"
Attached to and forming part of Bylaw No. 200
The following definitions apply in this Bylaw:
"Accumulation" means a build up, growth or collection, either scattered, amassed or piled,
existing at the time of inspection;
"Advertisements" means circulars, pamphlets, handbills, and papers, and does not include
newspapers or notices issued by the District;
"Automated teller machine" means a device linked to a financial institution's account records
which is able to carry out transactions, including, but not limited to, account transfers, deposits,
withdrawals, balance inquiries, and mortgage and loan payments;
"Boulevard" means that portion of highway between the curb lines or the lateral boundary
lines of a road way and the adjoining property or between the curbs on median strips or islands,
but does not include curbs, sidewalks, ditches or driveways;
"Building official" means persons duly appointed by Council as such;
"Bylaw Enforcement Officer" means a Bylaw Enforcement Officer appointed by Council
as such, and shall include any Peace Officer or building official;
"CAO" means the Chief Administrative Officer appointed by Council and any person delegated
to assist in carrying out their duties under this bylaw;
"Compliance order" means an order issued pursuant to section 52 of this Bylaw;
"Container" includes a dumpster, garbage can, garbage bin or other receptacle designed,
intended or used to hold litter, discarded materials and debris;
"Council" means the elected Council for the District of Lantzville;
"Derelict vehicle" means all or part of any wrecked vehicle or motor vehicle which is not
capable of operating under its own power and not validly registered and licensed in accordance
with provincial legislation;
"Director of Corporate Administration" means the person appointed by Council as the
Director of Corporate Administration for the District and any person delegated to assist
in carrying out their duties under this Bylaw;
"Director of Planning" means the person appointed by the Chief Administrative Officer as the
Director of Planning and Community Services for the District and any person delegated to
assist in carrying out their duties under this Bylaw;
"Director of Public Works" means the person duly appointed by the Chief Administrative
Officer as the Director of Public Works for the District and any person delegated to assist in
carrying out their duties under this Bylaw;
"District" means the District of Lantzville;
"Drone" means a remotely operated aerial device that is designed to carry a camera or other
recording mechanism;
District of Lantzville Good Neighbour Bylaw No. 200, 2021
Consolidated for Convenience (As at September 14, 2023) to Amendment Bylaw No. 349, 2023
Page 18 of 20
"Excessive Nuisance Abatement Fees" include, but are not limited to the following costs and
expenses incurred while responding to a nuisance service call for the purpose of abating
nuisance conduct, activity or condition:
(a)
The cost of police and District employee salaries, including 25% overhead;
(b)
The cost of using Fire Department and District equipment and vehicles;
(c)
The administration costs incurred by the District in responding to a nuisance service
call and abating a nuisance;
(d)
The cost of the District Fire Department call-out including employee and equipment; and
(e)
The cost of repairs to damaged District equipment, vehicles or property, and the use of
supplies which occurred as a result of responding to a nuisance service call;
"Filth" means foul or putrid matter;
"Firearm" means a rifle, pistol, shotgun, or crossbow and includes air guns, air rifles, air pistols,
and spring guns;
"Graffiti" includes one or more letters, symbols, writing, pictures or marks, however made,
posted, scratched, painted or drawn on any structure, place or thing but does not include marks
made accidentally or any of the following:
(a)
Sign, public notice or traffic control mark authorized by the District, or Provincial or
Federal legislation; or
(b)
In the case of private property, letter, symbol or mark for which the owner of the property
on which the letter or symbol or mark appears, has given prior, written authorization;
"Grass" shall include plants that are commonly known or referred to as grass;
"Highway" means a public road and any other public way, including the full extent of the
highway dedication, but excludes the area seaward of the present natural boundary of the sea;
"Homeless person" means a person with no fixed address and no predictable residence to
return to on a daily basis;
"Inspector" means anyone who is authorized by the CAO to enter and inspect property for the
purposes of this Bylaw;
"Landowner" means the person who is the registered owner on title under the Land Title Act,
and in relation to the common property of a strata corporation, includes the strata corporation;
"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;
"Noxious weeds" means any plant designated as a noxious weed pursuant to the Weed
Control Regulation;
"Nuisance" means an action or condition that is prohibited under this Bylaw;
"Panhandle" means to solicit, or without consideration, ask for money, donations, goods or
other things of value whether by spoken, written or printed word or bodily gesture for one's self or
for any other person but does not include soliciting for a charitable organization;
"Peace Officer" has the same meaning as in the British Columbia Interpretation Act;
District of Lantzville Good Neighbour Bylaw No. 200, 2021
Consolidated for Convenience (As at September 14, 2023) to Amendment Bylaw No. 349, 2023
Page 19 of 20
"Person" includes a natural person, a company, corporation, partnership, firm, association,
society, or party and the heirs, executors, administrators, occupier or tenant of land, personal or
other legal representatives or a person to whom the context can apply according to law; however,
does not include a District employee fulfilling or carrying out the duties and responsibilities of
their position;
"Public address system" means a sound amplification system, either by megaphone or
electronically, used outdoors to disseminate the spoken word 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 Area" means any park, highway, boulevard, sidewalk, driveway on District-owned
land, foreshore, beaches or such premises as the Council may from time to time designate.
"Rubbish" means any discarded substances, materials, or items, and without limitation includes
household waste, decaying or non-decaying solid and semi-solid wastes, combustible and non-
combustible wastes, 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, tool sheds, construction, trade and demolition waste, derelict vehicles
and vessels, tires, batteries, machinery, mechanical or metal parts, abandoned or dilapidated
appliances or furniture, ashes from fireplaces and on-site incinerators, yard clippings, brush,
wood, dry vegetation, weeds, dead trees and branches, stumps, and piles of earth, or any
combination of the above;
"Secondary Temporary Accommodation" means a trailer or recreational vehicle, on skids
or wheels.
"Sight distances" means a clear line of vision between motorists, cyclists and pedestrians that
allows sufficient time for safe manoeuvres to be made without significantly affecting the
conflicting traffic;
"Special event permit" means any public show, exhibition, carnival or performance or
gathering of any particular kind, or any public show, exhibition, carnival or performance approved
by the Director of Corporate Administration.
"Temporary shelter" means a tent or other shelter constructed from a tarp, plastic, cardboard
or other similar materials;
"Unsightly" in addition to its common dictionary meaning and regardless of the condition of
other properties in the neighbourhood, shall include property having any one or more of the
following characteristics:
(a)
The storage, location or accumulation visible to a person standing on a public
highway or on nearby property, of filth, litter, rubbish or graffiti;
(b)
The untidy storage, location or placement of building materials on a site where
construction is not taking place, except where they cannot be seen from a public highway
or from nearby property, or from a building or structure situated on a public highway or
nearby property;
(c)
Landscaping or vegetation that is dead or characterized by uncontrolled growth or lack of
maintenance, or is damaged;
(d)
Fences characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any
other evidence of physical decay or neglect or excessive use or lack of maintenance;
(e)
Any other similar conditions of disrepair, dilapidation, or deterioration;
District of Lantzville Good Neighbour Bylaw No. 200, 2021
Consolidated for Convenience (As at September 14, 2023) to Amendment Bylaw No. 349, 2023
Page 20 of 20
(f)
Any unlicensed or unregistered vehicles in a state of disrepair or disassembly.
"Unwholesome matter" means physical objects which are detrimental to physical or mental
wellbeing of persons.
"Vehicle" means a device in, on or by which a person or thing is or may be transported or drawn
on a highway, but does not include a device designed to be moved by human power, a device
used exclusively on stationary rails or tracks or a motor assisted cycle, and for the purpose of this
Bylaw shall include boat or other trailers;
"Vehicle Owner" means a person in possession or operation of a motor vehicle or ancillary or
related equipment;
"Weed" means and shall include brush, trees, and other growth that tends to seed and spread
readily without human intention or care, and any vegetation that may by its root system, limbs,
shoots or leaves intrude into a highway in a manner that may impact travel, construction,
maintenance levels, longevity or aesthetics of the said highway, including:
(a)
English ivy (Hedera helix),
(b)
Himalayan blackberries (Rubus Armeniacus), and
(c)
Scotch Broom (Cytisus Scoparius).