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Village of Montrose
Good Neighbour Bylaw, #779, 2024
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THE CORPORATION OF THE VILLAGE OF MONTROSE
BYLAW #779
A BYLAW FOR THE PURPOSE OF PREVENTING, ABATING, AND PROHIBITING NUISANCES TO
SUPPORT A VIBRANT AND LIVABLE COMMUNITY
WHEREAS the Council for the Village of Montrose desires to support a vibrant and livable
community for its citizens and endeavors to promote civic responsibility and to encourage good
relationships between neighbours,
And WHEREAS under Sections 8 and 64 of the Community Charter, Council may, by Bylaw,
regulate, prohibit, and impose requirements in relation to nuisances, disturbances, and other
objectionable situations on private property;
AND WHEREAS under Section 17 of the Community Charter, Council directs that if a person
subject to a requirement fails to take the required action the municipality may fulfill the
requirement at the expense of the person and recover the costs incurred from that person as a
debt;
AND WHEREAS under Section 194 of the Community Charter, Council may, by Bylaw, impose a
fee payable in respect of all or part of a service of the municipality or the exercise of a
regulatory authority by the municipality;
AND WHEREAS under the Community Charter, Section 8(3)(k) and Sections 47, 48 and 49,
including Bylaw enforcement and related matters in Sections 260 through 275, Council may, by
Bylaw regulate, prohibit, and impose requirements in relation to animals.
NOW THEREFORE, the Municipal Council of the Village of Montrose, in open meeting
assembled, enacts as follows:
1.0 SHORT TITLE
1.1
This Bylaw may be cited as "Village of Montrose Good Neighbor Bylaw #779".
2.0 DEFINITIONS
In this Bylaw:
"accumulation" means a buildup, growth or collection, either scattered, amassed or piled, existing at
the time of inspection;
"Animal Control Officer" means the CAO, Bylaw Enforcement Officer, or other person, or persons, or
company appointed from time to time by Council to ensure compliance with this Bylaw, ensuring all
functions relating thereto are undertaken;
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"boulevard" means that portion of highway between the curb lines or the lateral boundary lines of a
roadway and the adjoining property or between the curbs on median strips or islands, but does not
include curbs, sidewalks, ditches, or driveways;
"building materials" includes items and implements used in the construction of structures or in
landscaping, including lumber, windows, doors, roofing materials, fill, soil, scaffolding, tools, and
equipment;
"bus stop" means a section of street which is designed for the loading and unloading of buses and where
parking and stopping of all other vehicles is prohibited;
"Bylaw Enforcement Officer" means the person appointed by Council as such, and shall include
members of the Royal Canadian Mounted Police;
"CAO" mean the Chief Administrative Officer of their designate.
"construction noise" means any noise or sound made by:
a) the carrying on of works in connection with the construction, demolition,
reconstruction, alteration or repair of any building or structure;
b) the carrying on of any excavation by machinery or heavy equipment; or
c) the moving or operating of any kind of machine or construction equipment.
"container" means a dumpster, garbage can, garbage bin or other receptacle designed, intended or used
to hold rubbish, discarded materials and debris;
"Council" means the Council of the Village of Montrose;
"crossing" means any improvement that is constructed over a boulevard or sidewalk for the purpose of
allowing vehicles or pedestrians to gain access between the highway and the land adjacent to the
highway;
"derelict vehicle" means any vehicle or part thereof, propelled other than by muscle power, which:
a) is physically wrecked or disabled;
b) in the case of a motor vehicle, incapable of operating under its own power or, in the
case of a trailer, incapable of being towed in the manner a trailer is normally towed; or
"Village" means the Village of Montrose;
"drainage facility" means boulevard drainage inlets, catch basins, grates, or culverts;
"dumpster" means a trash receptacle designed to be hoisted and the trash within it deposited into a
truck;
"filth" means foul or putrid matter;
"graffiti" means one (1) or more letters, symbols or marks, however made, on any structure, place or
thing, including a utility kiosk, customer service box or dumpster, but does not include marks made
accidentally, or any of the following:
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a) a sign, public notice or traffic control devices authorized by the CAO appointed by
Council of the Village of Montrose;
b) a sign authorized by the Zoning Bylaw, as amended or replaced from time to time;
c) a public notice authorized by a Village Bylaw or by provincial or federal legislation; or
d) in the case of real property, a letter, symbol or mark for which the owner or tenant of
the real property on which the letter, symbol or mark appears has given prior, written
authorization, such as a mural;
"highway" includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct, and any other
way open to public use or is permitted to have access or is invited;
"lane" means a public thoroughfare or way which affords only a secondary means of access to a lot at
the side or rear;
"mural" means an artistic rendering or drawing painted or otherwise applied to a building or structure,
and where permission has been granted by the owner of the building or structure to apply the mural;
"noxious weed" means any weed designated by regulation to be a noxious weed pursuant to the British
Columbia Weed Control Act;
"nuisance" means anything which is offensive, irritating or a pest to anyone residing within the Village;
"nuisance abatement fee" means the fees, charges and amounts stated in Bylaw #724.
"nuisance at law" means any act that disrupts a person's lawful enjoyment of their property or a public
space;
"nuisance service call" means any Bylaw enforcement, Fire Department, police, or Village response to
and abatement of any nuisance or other activity, conduct or condition occurring on or near real property
which interferes with another person's use and enjoyment of a public place or of real property occupied
by that person, or which causes injury to the health, comfort or convenience of an occupier of real
property and which is caused by or arises from a person's failure to comply with the requirements of
this Bylaw;
"offensive matter" means physical objects which, may include rubbish, or are otherwise noxious,
offensive, vulgar, or unwholesome to the public.
"owner" means the registered owner of an estate in fee simple, the tenant for life under a registered life
estate, the registered holder of the last registered agreement for sale, the holder or occupier of land
held in the manner referred to in section 228 or 229 of the Community Charter;
"panhandle" means to beg for, or without consideration, ask for money, donations, goods or other
things of value whether by spoken, written or printed word or bodily gesture for oneself or for any other
person but does not include soliciting where approved by the Village;
"public space" means any real property or portions of real property owned or leased by the Village to
which the public is ordinarily invited or permitted to be in or on, and includes, but is not limited to, the
grounds of public facilities or buildings, any public transit exchange, transit shelter or bus stop, and
public parkades or parking lots;
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"real property" means land, with or without improvements so affixed to the land as to make them in
fact and law a part of it;
"recreational vehicle" means a vehicle intended as a temporary accommodation for travel, vacation, or
recreational use and includes travel trailers, motor homes, slide-in campers, chassis mounted campers
and tent trailers. Recreational vehicle also includes all terrain vehicles, snowmobiles, and boats;
"residential areas" means lands that are used residentially in a zone that permits residential use under
the Village of Montrose Zoning Bylaw, as amended or replaced from time to time (the "Zoning Bylaw");
"rubbish", in addition to its common dictionary meaning, shall include 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 iron, tin and other metal, scrap paving material,
construction and demolition waste, derelict vehicles and other vessels, tires, machinery, mechanical or
metal parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes from
fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeds, dead
trees and branches, stumps, and piles of earth mixed with any of the above;
"street" means any highway, roadway, sidewalk, boulevard, place or right of way which the public is
ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians but does not
include a private right-of-way on private property;
"sidewalk" means the portion of a highway designated for pedestrian traffic;
"trailer" means any utility trailer, 5th wheel, travel trailer, tent trailer, and vehicle trailer;
"unwholesome matter" means physical objects which are detrimental to the physical or mental well-
being of persons;
"unsightly", in addition to its common dictionary meaning and regardless of the condition of other
properties in the neighbourhood, means any property having any one or more of the following
characteristics:
a) the storage, location or accumulation visible to a person standing on a public highway
or on nearby property, or in a building or structure situate on a public highway or
nearby property, of filth, rubbish, graffiti or any other discarded materials;
b) the untidy storage, location or placement of building materials on a site where
construction is not taking place, except where they cannot be seen from a public
highway or from nearby property, or from a building or structure situate on a public
highway or nearby property;
c) landscaping or vegetation that is dead, damaged or characterized by uncontrolled
d) growth or lack of maintenance;
e) any other similar conditions of disrepair, dilapidation, or deterioration.
"vehicle" means a device in, upon, or by which a person or thing is or may be transported or drawn upon
a highway, except a device designed to be moved by human power or used exclusively upon stationary
rails or tracks.
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"weed" means and shall include brush, trees, noxious weeds and other growth that is allowed to come
to a state of causing, or about to cause, a nuisance and any vegetation that may by its root system,
limbs, shoots or leaves intrude into a lane in a manner that may impact travel, construction,
maintenance levels, longevity or esthetics of the said lane.
3.0 SEVERABILITY
3.1
If any section, subsection, sentence, clause or phrase of this Bylaw is deemed to be invalid
by the decision of a Court of competent jurisdiction, the invalid portion shall be severed,
and such decision shall not affect the validity of the remainder of the Bylaw.
4.0 GENERAL PROHIBITION
4.1
No person shall do any act or cause any act to be done which constitutes a nuisance at law.
5.0 PROPERTY MAINTENANCE
5.1
No owner or occupier of real property shall permit any act to be done which constitutes a
nuisance at law on that real property.
5.2
No owner or occupier of real property shall permit or allow the real property to become or
remain unsightly.
5.3
No owner of real property shall cause or create a nuisance, or permit a nuisance to be
caused or created by allowing a vacant building on the real property to fall into such a state
of disrepair that it becomes unsightly or creates a hazard, danger, nuisance or
inconvenience to the general public.
5.4
Every owner of residential premises or residential property subject to a tenancy agreement
shall maintain the general appearance and repair of the residential premises or residential
property to the standards of other similar properties in the neighbourhood.
5.5
Without limiting the generality of sections 5.1, 5.2 and 5.3 of this Bylaw, an owner or
occupier of real property must not:
a) permit an accumulation of water, filth, rubbish, demolition waste or discarded materials
on the real property;
b) permit the accumulation of dead landscaping, vegetation, noxious weeds or other
growths to occur or to remain on the real property;
c) keep a derelict vehicle of any sort in public view, including but not limited to a motor
vehicle, boat or trailer except as part of a lawful business operating under a license
from the Village;
d) permit the accumulation of motor vehicle parts or other mechanical parts upon Real
Property and shall remove the same except where the storage of motor vehicles is a
permitted use pursuant to the Zoning Bylaw;
e) permit the accumulation on the real property of noxious, offensive, profane, vulgar,
or unwholesome materials, signage, flags, substances or objects;
f) Except when specified as a permitted use in the Zoning Bylaw, allow or permit an
accumulation of building materials on the real property for more than fifteen (15) days
unless:
i. the owner of the real property is in possession of a valid building permit; or
ii. the building materials are stored in a closed building or structure such that they
are not visible from another parcel or a public space.
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5.6
Except as permitted by this Bylaw, no owner or occupier of real property in residential areas
as defined in this Bylaw shall make or cause, or permit to be made or caused, any
contamination of the atmosphere through the emission or smoke, dust, gas, sparks, ash,
soot, cinders, fumes, or other effluvia that is liable to foul or contaminate the atmosphere
or make or cause, or permit to be made or caused any odour or dust which is liable to
disturb the quiet, peace, rest, enjoyment, comfort of convenience of individuals or the
public.
5.7
No person shall allow a motor or recreational vehicle or tent or other non- permanent
structure on their property to be used for sleeping/living quarters or residence.
6.0 BOULEVARD & LANEWAY MAINTENANCE
6.1
Every owner or occupier of real property shall maintain the sidewalk, boulevard, and land
adjacent to their real property and in particular shall:
a) remove accumulations of filth, leaves, rubbish, discarded materials, hazardous objects
and materials from all boulevards, laneways, and any drainage facility;
b) keep grassed areas trimmed and free of all weeds;
c) keep in good repair and up to Village standards, all driveway crossings;
d) keep landscaping from encroaching over the roadway or laneway;
e) keep landscaping from encroaching over highways or gravel shoulders.
6.2
No Person shall:
a) willfully injure, damage, or alter, any boulevard or any tree, shrub, plant, bush or hedge
on any boulevard without Village permission;
b) erect any sign, fence, wall or other structure on any Boulevard, except with written
permission of the Village;
c) apply a Pesticide or Herbicide to any boulevard or laneway; or
d) dispose of any vegetation cuttings, leaves, rubbish, discarded materials or any liquid
or solid waste on public property.
6.3
Hedges, rocks or gravel are not permitted to be placed on the boulevard adjacent to a
roadway, curb or sidewalk, except:
a) gravel placed by Village personnel on the boulevard for the purposes of drainage; or
b) where a sidewalk is not present and a curb is located in the boulevard, gravel that is no
larger than 2.5 cm in diameter may be placed between the curb and an adjacent
property line, provided that the gravel is at least 2.5 cm below the level of the curb to
prevent spillage onto the road.
7.0 SNOW REMOVAL
7.1
Every owner of real property in a residential area, as defined in the Zoning Bylaw, shall
remove all snow or ice from all sidewalks bordering the real property within 24 hrs after a
snow event ends.
7.2
Every owner of real property in a commercial area shall remove all snow or ice from all
sidewalks bordering the real property no later than 10:00 AM each day.
7.3
An owner or occupier shall not use equipment which could cause damage to the boulevard
or sidewalk due to excess weight of the equipment or sharp edges which could cause
abrasions or scrapes to the sidewalk or boulevard.
7.4
Every owner or occupier of real property shall remove all snow and ice from the roof or o
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their part of any structure on the property, where the location of that structure is such that
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it is reasonable to expect that the snow or ice on it may fall onto any sidewalk or highway,
within 24 hours of the cessation of any snowfall or storm event that caused the
accumulation.
7.5
No persons shall deposit snow, ice or other material removed from sidewalks, driveways,
boulevards, lanes, or private property onto Village property or highways.
8.0 NOISE REGULATIONS
8.1
No person shall make or cause, or permit to be made or caused, any noise in or on a street
or elsewhere in the Village that is liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public.
8.2
No person shall make, cause, or permit to be made or caused, noise or bass sound of a
radio, television, player, or other sound playback device, public address system, or any other
music or voice amplification equipment, musical instrument, whether live or recorded or
live, whether amplified or not, in or on private property or in any public space or street in
such manner that is liable to disturb the quiet, peace, rest, enjoyment, comfort, or
convenience of individuals or the public.
8.3
No person shall operate a motor vehicle which makes or causes excessive or undue noise
which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of individuals or
the public.
8.4
No person shall own, keep or harbour any animal or bird which by its barks, cries or sounds
is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals
or the public.
8.5
No person shall on any day before 7:00 am or after 10:00 pm operate, or cause, suffer or
permit the operation of, any motorized lawn-grooming or garden equipment in the Village
on any day.
8.6
No person shall on any day before 7:00 am or after 10:00 pm make or cause or permit to be
made or caused any construction noise.
8.7
A person may apply to the CAO for permission to vary the time restrictions established in
section 8.6. of this Bylaw with respect to construction noise generated on public spaces or
streets. A person may apply to the CAO for permission to vary the time restrictions
established in section 8.6 of this Bylaw with respect to construction noise generated on real
property that is not a public space or a street. An application in the form specified by the
CAO, as appropriate, must be submitted at least five (5) business days prior to the date of
the proposed activity.
8.8
Upon receiving an application submitted in accordance with section 8.7 of this Bylaw, the
Village may, by written permit, vary the time restrictions set out in section 8.6 of this Bylaw
for a certain location and activity if, in the opinion of the CAO, as appropriate:
a) public safety or traffic considerations make it necessary or expedient that the work or
activity commence or continue beyond those time restrictions; or
b) it is impossible or impractical to carry out, within those time restrictions: Excavation,
concrete pouring or finishing, major structural or mechanical component delivery or
placement; or relocation of a building; and after considering whether there should be
prior notification of the neighbourhood that would be affected, the CAO, as appropriate
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may impose such terms and restrictions as deemed necessary in the circumstances to
mitigate the impact of the construction noise on the adjacent neighbourhood.
8.9
Despite anything contained in this Bylaw, no person shall be guilty of an infraction of this
Part while:
a) operating Fire Department, Police, or Ambulance vehicles while in the execution of their
duties.
b) operating any motor vehicle, generator, machinery or other apparatus or thing during
an emergency or for a public purpose or in furtherance of the public interest including,
without limiting the generality of the foregoing, snow removal, water main and sewer
main repairs and civil defence 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) operating residential household equipment including, but not limited to, pool pump
motors, air conditioning units, exhaust fans, hot tub pumps, provided that the sound or
noise therefrom does not exceed the sound or noise generally common to such
household equipment when in good operating order and being used in accordance with
generally accepted standards.
e) operating under a Village issued permit for a special event which in the Council of the
Village of Montrose's opinion is in the public interest, to the extent the activities
constituting the special event are permitted.
f) performing regular highway maintenance, construction, re-construction and
rehabilitation activities, authorized by either the Village of Montrose or Ministry of
Transportation & Infrastructure conducted by its employees, authorized
representatives, agents, contractors and sub-contractors.
8.10
Mobile Public Address Systems:
No person may operate a mobile public address system without first obtaining a permit
under this Bylaw and complying with the following terms and conditions:
i. upon application in writing, a permit may be granted by the CAO, for a mobile
public address system, provided such system is used and operated as follows:
a) the system may only be used between the hours specified in the permit;
b) the system must not be operated while the motor vehicle, trailer or other device
containing the system is on a street, whether stationary or moving;
c) the system must not be operated more than once per day on any residential highway
which has on either side of it an area zoned residential under the Zoning Bylaw; and
d) the system must not be operated so as to cause a nuisance or other disturbance to any
person.
ii. A permit for non-commercial purposes shall be for a stated period of days;
iii. no fee shall be payable for a non-commercial permit; and
iv. a permit fee of $100.00 per day shall be payable for a commercial permit.
The CAO may cancel a permit for a mobile public address system if the permit holder fails
to comply with the requirements and restrictions on use of the system established in this
Bylaw, set out in the permit, or if the permit holder otherwise causes a nuisance.
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9.0 STREET AND PUBLIC SPACE NUISANCES
9.1
No person shall on a street, park or in a public space:
a) urinate or defecate;
b) expectorate, spit saliva, spit tobacco, spit chewing gum, or any other substance in any
public place;
c) sleep in a motor or recreational vehicle for overnight abode;
d) possess drug paraphernalia used for the purposes of storing, transporting or
selling illegal drugs;
e) participate in a violent confrontation or struggle;
f) leave, scatter, dump, or dispose of any garbage, glass, crockery, litter or other material,
whether liquid or solid, that is likely to injure any person, animal or cause damage to a
vehicle or roadway;
g) place or throw any circular, pamphlet, handbill or other paper material, upon any motor
vehicle or other vehicle;
h) cut, remove or damage any tree, shrub or flower plant, bush or hedge;
i) deface, injure or damage any property or equipment owned by or in the care of the
Village in any public place;
j) dispose or place or leave any cement, mortar, lime, or any other substance having a
damaging or destructive effect upon the concrete, asphalt, bushes, shrubs, or trees, or
grass situate thereon; stamp, paint, post, affix or otherwise place any placard, bill,
poster, notice or advertisement without first having obtained the permission of the
Village; or remove to, or accumulate in, from lands adjacent to a street or public space,
grass cuttings, leaves or rubbish.
k) dispose of any vegetation cuttings, leaves, rubbish, discarded materials or any liquid
or solid waste on any Village property.
9.2
No person shall panhandle within 10 metres of:
a) a bus stop or bus shelter;
b) a public park; or
c) the entrance to any business or community facility.
9.3
No person shall panhandle from an occupant of a motor vehicle which is:
a) parked;
b) stopped at a traffic control signal; or
c) stopped temporarily for the purpose of loading or unloading.
9.4
No person shall panhandle after sunset on any given day.
9.5
No person shall sit or lie on a street for the purpose of panhandling.
9.6
No person shall continue to panhandle from a person, or follow a person, after that person
has made a negative response.
10.0
GRAFFITI
10.1
No person shall place graffiti, or cause graffiti to be placed on any wall, building, fence, sign
or any other structure or surface, in or adjacent to a street or public space.
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10.2
No owner or occupier of real property adjacent to a street or other public space shall permit
graffiti to be placed on any wall, building, fence, sign, utility kiosk, customer service box,
dumpster or other structure or surface.
10.3
Every owner or occupier of real property shall keep any wall, building, fence, sign or other
structure or surface that is located on such real property, and adjacent to a street or public
space, free of graffiti.
10.4
Every owner of a motor vehicle shall keep the motor vehicle free of graffiti.
11.0
ENFORCEMENT
11.1
The Provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer and
members of the Royal Canadian Mounted Police.
11.2
A Bylaw Enforcement Officer 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
to determine compliance with the provisions of this Bylaw.
11.3
No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of
their duties.
12.0
COMPLIANCE ORDERS
12.1
Pursuant to section 154 (1) (b) of the Community Charter, Council of the Village of Montrose
delegates to the Bylaw Enforcement Officer(s) its powers, duties and functions to require
that something be done to remedy a contravention of this Bylaw.
12.2
Where a condition exists that is a contravention of any of the provisions in sections 5 and 6
of this Bylaw, a Bylaw Enforcement Officer may issue an order to comply requiring the
person to remedy the nuisance or non-compliance within fourteen (14) days of deemed
service or ten (10) days in the case of a contravention of section 5.3 of this Bylaw, or on a
date a Bylaw Enforcement Officer considers reasonable in the circumstances if in the
opinion of the Bylaw Enforcement Officer a further period of time is required due to: (a) the
quantity of rubbish or other material or amount of graffiti to be removed; (b) any disability
or physical limitations of the person to whom the order to comply is directed; or (c) weather
conditions at the time of issuing an order to comply.
12.3
An order to comply may be served on an owner or occupier of real property and is deemed
to be served when the Village has: (a) mailed, by registered mail, a copy of the order to
comply to the address of the owner shown on last revised real property assessment roll; (b)
delivered a copy of the order to comply to the owner of the real property at the address
shown on the last revised real property assessment roll; (c) placed the order to comply in a
mailbox or other receptacle for the receipt of mail on the real property; or (d) posted a copy
of the order to comply on the real property.
12.4
Every person shall comply with an order to comply.
12.5
If the nuisance or non-compliance in an order to comply has not been remedied by the date
specified therein set out and the owner has had an opportunity to be heard in respect of the
matter, the Village, by its employees, contractors and agents may enter the real property
and effect compliance with the order to comply at the expense of the owner. The CAO shall
certify all costs incurred by the Village in effecting compliance, and such costs shall
constitute a debt due and owing by December 31 in the year compliance was effected and,
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if unpaid by December 31, the cost shall be added to and form part of the taxes for the real
property as taxes in arrears.
13.0
PENALTY
13.1
Every person who violates any provisions 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, or who does any act which constitutes an offence against the Bylaw
is guilty of an offence against this Bylaw and liable to the penalties hereby imposed.
13.2
Each day that a contravention of the provisions of this Bylaw exists or is permitted to exist
shall constitute a separate offence.
13.3
Every person who commits an offence against this Bylaw is liable upon Summary conviction,
to a maximum fine as identified in the Offence Act, and in the case of a conviction a term of
incarceration for a period of not more than ninety (90) days, or both. Any penalty imposed
pursuant to this Bylaw shall be in addition to, and not in substitution for, any other penalty
or remedy imposed pursuant to any other applicable statute, Bylaw or legislation.
14.0
REPEAT NUISANCE SERVICE CALLS
14.1
Where a member of the RCMP, a Bylaw Enforcement Officer, or other Village official is
required to respond to a real 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 owner of
the real property shall be liable to pay an excessive nuisance abatement fee in
accordance with the Village's Fees and Charges Bylaw.
14.2
Despite section 9.1 of this Bylaw, where legal title to the real property is transferred,
nuisance service calls occurring before the date the new owner obtains legal title to the real
property shall not apply to the determination under section 15.1 of this Bylaw whether
Nuisance Abatement Fees are payable or with respect to the amount that is payable.
14.3
Before an owner of real property is liable to pay a Nuisance Abatement Fee, the Village shall
provide written notice to the owner that:
a) describes the nature of the contravention or nuisance conduct, activity or condition;
and
b) advises the owner of Nuisance Abatement Fees and that such fees are in addition to the
Village's right to seek other legal remedies or actions for abatement of the nuisance or
contravention.
14.4
Nuisance Abatement Fees shall be paid by the owner within fourteen (14) days of receipt of
an invoice from the Village.
14.5
The Village may impose a Nuisance Abatement Fee despite a person not being charged with
an offence relating to the nuisance or contravention, a person charged with an offence
relating to a nuisance or contravention being acquitted of any or all charges or if the charges
are withdrawn, stayed or otherwise do not proceed.
Page 14
15.0
EXEMPTIONS
Notwithstanding anything contained herein, no person shall be guilty of an infraction of this Bylaw
while:
15.1
Operating, or in charge of, fire department, police or ambulance vehicles while in the
execution of their duties;
15.2
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, snow removal, watermain and sewer main break repairs and
civil defence exercises;
15.3
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;
15.4
Operating residential household equipment including, but not limited to, pool pump motors,
air conditioning units, exhaust fans, hot tub pumps, provided that the sound or noise
therefrom 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.
16.0
REPEAL
16.1
The following Bylaws of the Village of Montrose and their amendments are hereby repealed:
a) Noise Regulation Bylaw #531,
b) Untidy or Unsightly Premises Bylaw #651
Read a first, second, and third time this 4th day of March, 2024.
Adopted by Municipal Council this 18th day of March, 2024.
Mayor
Corporate Officer