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Good Neighbour Bylaw No. 1277
Page 1 of 18
TOWN OF OSOYOOS
GOOD NEIGHBOUR
BYLAW NO. 1277
A bylaw to regulate fireworks, firearms and other weapons, and nuisances, disturbances and
other activities or things that may be considered a nuisance, disturbance or other objectionable
situation or that do not protect or enhance the well-being of the community.
WHEREAS Council deems it desirable to regulate nuisances, disturbances, or other
objectionable situations, on private or public property;
AND WHEREAS the Community Charter provides that Council may, by bylaw, regulate, prohibit
and impose requirements in relation to public places; trees; firecrackers, fireworks and
explosives; bows and arrows; the protection and enhancement of the well-being of its community
in relation to nuisances, disturbances, and other objectionable situations; public health; and
buildings and other structures;
AND WHEREAS the Community Charter provides that Council may, by bylaw, regulate or
prohibit in relation to the discharge of firearms;
NOW THEREFORE the Council of the Town of Osoyoos in open meeting assembled enacts as
follows:
PART 1
GENERAL
CITATION
1.1
This Bylaw may be citied as "Good Neighbour Bylaw No. 1277, 2011."
DEFINITIONS
1.2
Definitions for this bylaw are included in Schedule "A" attached to and forming part of this
Bylaw.
DESIGNATION
1.3
Except for offences under Part 6 [Firearms and Bows], this Bylaw is designated as a bylaw
that may be enforced by means of a municipal ticket information under the Community
Charter.
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PART 2
STREET NUISANCES
2.1
No person shall panhandle within 10 metres of:
a)
an entrance to a bank, credit union or trust company;
b)
an automated teller machine; or
c)
the entrance to any liquor store.
2.2
No person shall panhandle in such a way as to impede the ability of a person entering or
exiting a place of business.
2.3
No person shall sit or lie on a street for the purpose of panhandling.
2.4
No person shall panhandle between the time of sunset on any day and sunrise on the
day following.
2.5
No person shall continue to panhandle from a person, or follow a person, after that
person has indicated a negative response to the panhandler.
2.6
No person shall panhandle or solicit business from an occupant of a vehicle, including a
vehicle that is:
a)
parked;
b)
stopped at a traffic control sign or signal; or
c)
stopped temporarily for the purpose of loading or unloading.
PART 3
PROPERTY MAINTENANCE
Private Property
3.1
No owner of real property shall cause, suffer or permit:
a)
water, rubbish, noxious, offensive, or unwholesome matter to collect or
accumulate on the real property;
b)
rubbish to overflow from or accumulate around any container situated on the real
property;
c)
the real property to become or remain unsightly;
d)
the accumulation of dead landscaping, vegetation, weeds, noxious weeds or
other growths to occur or to remain on the real property;
e)
in respect to real property for which a building permit has been issued by the
Town, cause or permit demolition waste, construction waste or trade waste to
accumulate on the real property;
f)
graffiti to remain on the real property; or
g)
the storage or accumulation of a derelict vehicle or derelict vehicles unless
stored in an enclosed building or structure.
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Private & Public Property
3.2
No person shall:
a)
place graffiti on private property, buildings, structures of any kind, including
fences or streets on or adjacent to any public real property;
b)
deposit or throw bottles, broken glass or other rubbish in any open place upon
private or public property; or
c)
abandon a vehicle on a street or public right of way.
Boulevard & Lane Maintenance
3.3
Every owner of real property shall maintain the sidewalk, boulevard, and lane adjacent to
their real property and without limitation shall:
a)
remove accumulations of filth, leaves, rubbish, discarded materials, hazardous
objects and materials that obstruct a drainage facility;
b)
remove all filth, leaves, rubbish, discarded materials, hazardous objects and
materials from all boulevards and sidewalks;
c)
in keeping with the reasonable standard of maintenance in the area, keep
grassed areas trimmed and irrigated and reasonably free of weeds;
d)
keep in good repair all driveway crossings;
e)
trim and maintain all trees and plantings; and
f)
cut, trim or remove any tree, fence, hedge or other item that obstructs or could
reasonably be expected to obstruct the vision or safety of all pedestrians, cyclists
or vehicles using streets adjacent to the property;
g)
where the real property is in a commercial area, as defined in the Town's Zoning
Bylaw, every owner of real property shall sweep the sidewalks in front of and
adjacent to the real property and remove all accumulations of filth, leaves,
rubbish, discarded materials, and hazardous objects and materials from adjacent
sidewalks no later than 10:00 AM each day; and
3.4
No person shall deposit filth, leaves, rubbish, discarded materials, or hazardous objects
or materials removed from sidewalks, boulevards, lanes, or private property onto Town
property or highways.
Snow Removal
3.5
Every owner of real property in a residential area, as defined in the Town's Zoning Bylaw,
shall remove all snow or ice from all sidewalks bordering the real property within 24
hours from the cessation of a snowfall or storm event which caused such accumulation.
An owner shall not use equipment which due to its weight or sharp edges could cause
damage to the boulevard or sidewalk.
3.6
Every owner of real property in a commercial area, as defined in the Town's Zoning
Bylaw, shall remove all snow or ice from all sidewalks bordering the real property no later
than 10:00 AM each day. An owner shall not use equipment which due to its weight or
sharp edges could cause damage to the boulevard or sidewalk.
3.7
Every owner of real property is required to remove snow or ice from the roof or other part
of any structure on the property within 24 hours of the cessation of any snowfall or storm
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event that cause the accumulation, where the location of that structure is such that it is
reasonable to expect that the snow or ice on it may fall onto any street.
3.8
No person shall deposit snow, ice or other material removed from sidewalks, boulevards,
lanes, or private property onto Town property or highways.
Exemptions (Property Maintenance)
3.9
Where real property contains two acres or more and is assessed as farm land, it shall not
be considered to be unsightly by reason of accumulation of stored materials if those
materials are incidental to the operation of a farm, provided that such materials are:
a)
not placed or permitted to be stored less than 75 feet from any highway; and
b)
screened from view by a fence, hedge or other similar structure.
3.10
Where real property is used for industrial or commercial purposes and zoned as such,
and where the nature of the business carried on therein requires accumulation or
materials that could be considered discarded, but which are necessary for the operation
of said business, it shall not be considered to be unsightly by reason of such
accumulation if such materials are stored within a screened area so as to not be visible
from the outside of the real property.
Notice (Property Maintenance)
3.11
If the Bylaw Enforcement Officer deems a property to be in violation of this Bylaw, he
may:
a)
serve notice of the violation upon the owner of the real property; or
b)
serve a Municipal Ticket Information upon the owner of the real property.
3.12
Service of a notice under section 3.11 a) must be:
a)
served personally or mailed by prepaid registered mail to the owner of the real
property as shown on the current year's real property assessment roll; and,
b)
either posted on the real property or delivered or mailed by regular mail to the
occupier of the real property.
3.13
Notice issued under section 3.11 a) must state:
a)
the civic address of the subject real property;
b)
the legal description of the subject real property;
c)
the particulars of the unsightly nature of the real property or other non-compliance
with the Bylaw to be remedied;
d)
the time period in which the unsightly nature of the property or other non-
compliance must be remedied; and
e)
the Town's remedial action(s) if the property remains unsightly after the time
period given for compliance.
3.14
All owners of real property shall comply within 7 days of the date of such notice for
owners that reside within the Town and within 10 days of the date of such notice for
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those that reside outside of the Town. When a Notice is personally served, it will be
deemed to have been served that day and when a Notice is not personally served it is
deemed to have been served on the third day after mailing or posting.
3.15
Properties that become unsightly again within 15 days of compliance with this Bylaw are
deemed to have remained unsightly.
Failure to Comply (Property Maintenance)
3.16
If within the time period specified in the Notice, the requirements in the Notice have not
been complied with, then:
a)
the Town by its workers or others, may at all reasonable times and in a
reasonable manner, enter the real property and bring about such compliance at a
cost of the defaulting owner or other responsible person. Such costs shall consist
of all costs and expenses incurred by the Town to achieve compliance with this
Bylaw including, without limitation, administrative costs, costs to attend the
property by Town employees or its contractors and the costs of removal, clean up
and disposal. The Director or CAO shall certify all costs incurred by the Town in
performing any such obligations, and such costs shall constitute a debt due and
owing.
b)
if the owner of real property defaults in paying to the Town the costs referred to in
section 3.16 a) and the said account remains unpaid on the last day in the
calendar year in which the remedial work was done, the cost shall be added to
and form part of the municipal taxes payable in respect of the said real property
as taxes in arrears.
Appeal
3.17 A person upon whom a Notice has been served may, by giving notice in writing to the
Corporate Officer at least 72 hours prior to the expiry of the time given in the Notice to
remedy the nuisance, appeal to the Council who must hear and determine the appeal by
confirming, amending or rescinding the Notice.
PART 4
LITTERING
4.1
No person shall:
a)
leave, scatter, dump or dispose of any rubbish, paper, litter, cigarette butt, glass
or any other material either solid or liquid in any public place;
b)
stamp, paint, post, affix or otherwise place or distribute any bill, poster, notice or
advertisement on any public property without first having obtained written
permission from the Town;
c)
expectorate, spit saliva, spit tobacco, spit chewing gum, or any other substance in
any public place; or
d)
deface, injure or damage any property or equipment owned by or in the care of
the Town in any public place.
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PART 5
HEALTH REGULATIONS
5.1
No person shall urinate, defecate, deposit or void any urine or excrement in any location
within the Town, whether public or private, other than directly into a toilet which is:
a)
connected to a municipal sanitary sewer system;
b)
connected to a sewage treatment system constructed according to requirements
of the Provincial Sewerage System Regulations;
c)
a self-contained chemical toilet; or
d)
a recreational vehicle toilet connected to a holding tank.
5.2
No owner shall permit or cause water to collect or accumulate in an open drain,
watercourse, pond, swimming pool, hot tub or as surface water which could become
sufficiently stagnant as to permit the breeding of mosquitoes that may result in the
spread of the West Nile Virus or of other harmful disease bearing insects as deemed
affecting public safety as determined by the Medical Health Officer.
PART 6
FIREARMS & BOWS
6.1
No person shall discharge any firearm or bow within the Town.
Exemptions (Firearms & Bows)
6.2
The provisions in Section 6.1 do not apply to:
a)
peace officers or conservation officers required to discharge firearms in the line of
duty;
b)
the discharge of firearms within an indoor shooting range when authorized by the
Chief Provincial Firearms Officer under the Firearm Act;
c)
the discharge of blank ammunition used for athletic or sporting events;
d)
where a person holds a valid permit, licence, authorization or other approval
under the Wildlife Act, RSBC 1996, c.488, or regulations made thereunder to use
a firearm or bow, the discharge of firearms by a person authorized in writing by
the Town for the control of wildlife or waterfowl on public property and, if on
private property, with written authorization of both the Town and the property
owner.
6.3
Every person listed in section 6.2 above, when discharging a firearm or using a bow
within the limits of the Town, shall do so only with due regard for the safety and security
of other residents, visitors and occupants of the Town.
PART 7
EXPLOSIVES AND FIREWORKS
7.1
No person shall blast, discharge or sell dynamite, gun-powder, fireworks, firecrackers or
other explosives within the limits of the Town unless permitted by and carried out in
accordance with a permit issued under this Bylaw.
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7.2
The CAO may issue a permit to a person 18 years of age or older or to an incorporated
company or society for the discharge of fireworks only for the purpose of the observance or
celebration of a Special Public Event where all conditions to obtain a permit under this
Bylaw have been met.
7.3
The CAO may issue a permit to a person 18 years of age or older or to an incorporated
company or society for the blasting of dynamite or other explosives for the purpose of
construction or public safety where all conditions to obtain a permit under this Bylaw have
been met.
7.4
Permit applications for discharge of fireworks must be in the form attached as Schedule B
and must be submitted to the CAO at least 30 days prior to the date on which the Special
Public Event is to occur.
7.5
To be considered for a Permit under Schedule B, which is attached to and forms part of this
Bylaw, an applicant must submit the following to the CAO:
a)
written permission from the venue where the Special Public Event is proposed to
take place;
b)
liability insurance as specified in Schedule B and the Town's Special Event Policy,
as amended from time to time;
c)
a site diagram showing the location of all buildings, streets, utilities, fireworks,
operators, audience members, and fire extinguishers the location of all buildings,
streets, utilities within 200 feet of the site;
d)
a description of all products to be used, including charge size, effects and
manufacturer's name;
e)
a description of the firing system being used;
f)
a description of the fire prevention precautions in place;
g)
a copy of the fire safety plan;
h)
a copy of the applicant's Licensed Fireworks Supervisor certification;
i)
references of persons with personal experience discharging fireworks and
coordinating displays; and
j)
a permit application fee of $50.00.
7.6
Any person named in a permit issued under Schedule B must comply with the provisions of
the Town's Special Event Policy and the safety rules of Class 7, Division 2, Subdivision 2
explosives, or Class 7, Division 2, Subdivision 5 explosives published from time to time by
Natural Resources Canada and under the Explosives Act, RSC 1985, c.E-17.
7.7
All permits are subject to the following conditions unless explicitly exempted in the terms of
the permit:
a)
blasting or discharge shall not be carried on between the time of sunset on any day
and sunrise on the day following;
b)
blasting or discharge shall not be carried on within three hundred (300) feet of any
school or school grounds between the hours of eight o'clock (8:00) in the morning
and five o'clock (5:00) in the afternoon of any school day;
c)
blasting or discharge shall not be carried on during Sundays; and
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d)
blasting or discharge shall not be carried on within three hundred (300) feet of any
church during service on any day.
Exceptions (Explosives and Fireworks)
7.8
The blasting or discharge of fireworks for the Canada Day (July 1) celebrations
sanctioned by the Town will be exempt from the requirements of sections 7.1 through
7.7.
PART 8
NOISE REGULATIONS
8.1
General Prohibitions:
a)
no person shall make or cause, or permit to be made or caused, any noise in or
on a highway or other public place in the Town which disturbs or tends to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of any person or
persons in the neighbourhood or vicinity of that place.
b)
no owner shall allow or permit such real property to be used so that noise or
sound which occurs thereon or emanates therefrom, disturbs or tends to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of any person on the
same property or in the neighbourhood or vicinity of that property.
8.2
Specific Prohibitions:
Without limiting the generality of Section 8.1 (general prohibitions):
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 premises or on any street or other public place in such a manner as
to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person
in the neighbourhood or vicinity of those premises or place;
b)
no person being the owner shall allow or permit their real property 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 in such
a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of any person in the neighbourhood or vicinity of the real property;
c)
subject to subsection 8.4(e) no person shall own, keep or harbour any animal or
bird which by its cries or sounds unduly disturbs the peace, quiet, rest or
tranquillity of the surrounding neighbourhood or of persons in the vicinity;
d)
no person may operate, or cause, suffer or permit the operation of, any motorized
lawn-grooming or garden equipment in the Town before 8:00 AM or after 9:00
PM;
e)
no person in the Town shall before 7:00 AM or after 8:00 PM Monday through
Saturday or before 8:00 AM or after 8:00 PM on Sunday, construct, erect,
Good Neighbour Bylaw No. 1277
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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 a street or
elsewhere in the Town which disturbs or tends to disturb, the quiet, peace, rest,
enjoyment, comfort or convenience of any person in the neighbourhood or
vicinity;
f)
no owner shall before 7:00 AM or after 8:00 PM Monday through Saturday or
before 8:00 AM or after 8:00 PM on Sunday, 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 real property, a street or elsewhere in the Town which disturbs the quiet,
peace, rest, enjoyment, comfort or convenience of any person or persons in the
neighbourhood or vicinity;
g)
no person shall create a nuisance or disturbance upon any portion of a street or
other public place by participating in a fight or other similar physical confrontation
between consenting or non-consenting persons.
8.3
Boat Noise:
a)
No persons shall launch a motor boat from any lands in the Town if that motor
boat 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 the water
unless the boat motor is equipped with a muffling device that ensures the exhaust
gases from the engine are cooled and expelled without noise that disturbs the
quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in
the neighbourhood or vicinity.
Exemptions - Noise Regulations:
8.4
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)
lawfully carrying on a trade or industry at a commercial, industrial or light
industrial zoned area, provided that the sound or noise therefrom does not
exceed the sound or noise common to such trade or industry when carried out in
accordance with generally accepted industry standards using equipment and
facilities in good operating order;
e)
carrying out farm operations conducted in accordance with normal farm practices
under the Farm Practices Protection (Right to Farm) Act; or
f)
operating residential household equipment including, but not limited to, pool pump
Good Neighbour Bylaw No. 1277
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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;
g) participating in a parade that is proceeding lawfully under a street use permit
issued by the Town under its street regulatory enactments.
h)
performing regular highway maintenance, construction, re-construction and
rehabilitation activities, authorized by the Ministry of Transportation &
Infrastructure conducted by its employees, authorized representatives, agents,
contractors and sub-contractors.
Special provisions and exemptions
8.5
a)
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:
-
the system may only be used between the hours of 9:00 AM and
6:00 PM;
-
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;
-
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 Town's Zoning Bylaw; and
-
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.
PART 9
ENFORCEMENT AND OFFENCE
9.1
The following sections of this Bylaw are enforceable by the Town as they relate to the
Highway 97 and Highway 3 corridors within the Town:
a)
Sections 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 4.1, 5.1,
8.1, 8.2, and 8.5.
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9.2
Any person who:
a)
violates any provision of this Bylaw, or does any act or thing which violates any
provision of this Bylaw, or suffers or allows any other person to do any act or thing
which violates any provision of this Bylaw;
b)
neglects to do or refrains from doing anything required to be done by any
provision of this Bylaw; or
c)
fails to comply with an order, direction, or notice given under any provision of this
Bylaw, or suffers or allows any other person to fail to comply with an order,
direction, or notice given under any provision of this Bylaw,
is guilty of an offence, which may be enforced by means of a ticket in the form prescribed
in the Community Charter and Local Government Act.
9.3
The Bylaw Enforcement Officer may, to the extent necessary to give effect to this bylaw,
enter, at all reasonable times, on any property subject to the regulations of Council, to
ascertain whether the regulations or directions of this Bylaw are being observed.
9.4
No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of
his duties.
PART 10
NUISANCE
10.1
Without limitation, no owner or occupier of real property shall cause, allow or permit a
nuisance on or from the real property.
PART 11
PENALTY
11.1 Every person who contravenes a provision of this Bylaw is guilty of an offence and is
liable upon summary conviction to a fine not more than ten thousand ($10,000.00)
dollars.
11.2 Each day that a contravention of the provisions of this Bylaw exists or is permitted to
exist shall constitute a separate offence.
PART 12
INTERPRETATION AND REPEAL
12.1 If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the
invalid portion must be severed and the remainder of this Bylaw is deemed to have been
adopted without the severed section, subsequent paragraph, subparagraph, clause or
phrase.
Repeal
12.2 Firearms Bylaw 1200, 2004 as amended is repealed.
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12.3 Unsightly Premises Regulation Bylaw No. 1207, 2004 as amended is repealed.
12.4 Noise Control Bylaw 880, 1992 as amended is repealed.
Read a first time on the 21st day of March, 2011.
Read a second time on the 4th day of April, 2011.
Read a third time as amended on the 15th day of August, 2011.
Approved by the Minister of Transportation pursuant to Section 124(13) of the Motor Vehicle Act,
on the 27th day of October, 2011.
Deposited with the Minister of Health Services pursuant to the Public Health Act, Community
Charter and Local Government Act on the 21st day of June 2011.
Adopted on the 7th day of November, 2011.
Original signed by Mayor Stu Wells
Original signed by Janette Van Vianen
MAYOR
CORPORATE ADMINISTRATIVE OFFICER
Good Neighbour Bylaw No. 1277
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SCHEDULE 'A'
to BYLAW 1277
In this Bylaw:
A word importing the masculine gender includes the feminine or neuter, a word importing the
singular includes the plural, and in each case, vice versa.
Accumulation means a build up, growth or collection, either scattered, amassed or piled,
existing at the time of inspection;
Automated teller machine means a device linked to a financial institution's account records
which is able to carry out transactions;
Blast means to use, set off, ignite, discharge or explode a firework or other explosive;
Boulevard means that portion of highway between the curb or shoulder lines of the lateral
boundary lines of a roadway and the adjoining property or between the curbs on median strips
or islands, but does not include curbs, sidewalks, ditches or driveways;
Bow includes a long bow, recurve bow, composite bow or cross bow and any arrow used with
the bow;
Bylaw Enforcement Officer means the persons duly appointed by Council as such, and shall
include any peace officer;
CAO means the Chief Administrative Officer or designate, for the Town of Osoyoos;
Container includes a dumpster, rubbish can, rubbish bin or other receptacle designed, intended
or used to hold rubbish, discarded materials and debris;
Council means the Council of the Town of Osoyoos;
Derelict vehicle means a vehicle or part thereof, which:
a)
is physically wrecked or disabled;
b)
is not capable of operation under its own power;
c)
does not have attached number plates for the current year pursuant to the Motor
Vehicle Act Regulations;
Director means the Director of Operational Services of the Town or in his or her absence,
another person designated by resolution of Council to act in the place of the Director to exercise
the Director's powers under this Bylaw;
Firearms includes rifles, pistols, shotguns, air guns, air rifles, air pistols and spring guns;
Firecracker means a pyrotechnic device that explodes instantaneously when ignited and does not
make any display or visible effect after the explosion, but does not include items classified under
the Explosives Act RSC 1985, c.E-17 as low or high hazard fireworks;
Fireworks are as defined by Explosive Regulations, C.R.C., c. 599 under the Explosives Act RSC
1985, c.E-17 and classified as Class 7, Division 2, Subdivision 1 ("consumer fireworks"), or as
Good Neighbour Bylaw No. 1277
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Class 7 Division 2, Subdivision 2 fireworks ("display fireworks");
Graffiti means writing or pictures scratched, painted or drawn by any means on a wall, fence,
building, structures of any kind, sidewalk or road but does not include public art murals that may
be approved by resolution of Council from time to time;
Grass means any of a large family (Gramineae or Poaceae) of monocotyledonous plants having
narrow leaves, hollow stems, and clusters of very small, usually wind-pollinated flowers;
Highway includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct and any
other area open to public use and any park, building, private place or passageway to which the
public has, or is permitted to have access and includes Highway 97 and Highway 3 corridors
within the Town of Osoyoos;
Lane means a public thoroughfare or way which affords a secondary means of access to a lot at
the side or rear;
Mobile public address system means a public address system that can be used or is used
while mounted on a motor vehicle, trailer, or other such vehicle;
Motor boat means a boat or any vehicle used on water that is powered by an engine;
Noxious weed means any weed designated by regulation to be a noxious weed pursuant to the
Weed Control Act;
Nuisance means anything that annoys or gives trouble, or which is offensive, irritating or a pest
to any person in the Town;
Offensive matter means physical objects which are objectionable to the public;
Owner means any person who is the registered owner, or owner under agreement, of real
property, and includes any person in actual or apparent possession of real property under a
lease, license or other agreement with another owner;
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 one's self or for
any other person but does not include solicitations by not-for-profit philanthropic or charitable
societies or corporations;
Peace officer has the same meaning as in the Interpretation Act and includes a bylaw
enforcement officer;
Person includes a natural person, a company, corporation, partnership, firm, association,
society, or party and the personal or other legal representatives of a person to whom the context
can apply according to law;
Public address system means a sound amplification system, either by megaphone or
electronically, used outdoors to disseminate the spoken word and/or music to the public in
general, and includes outdoor sound amplification systems used for purposes of a performance,
concert, exhibition or entertainment, but does not include systems used for internal
Good Neighbour Bylaw No. 1277
Page 15 of 18
communications in schools and businesses;
Public place includes a highway;
Real property means land, with or without improvements so affixed to the land as to make
them in fact and in law a part of the real property, and includes individual premises located on
the real property;
Rubbish in addition to its common dictionary meaning and without limiting the generality of that
meaning, includes 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;
Sell includes offer for sale, cause or permit to be sold, trade, give, donate or to otherwise dispose of
in any quantity; and to possess for the purpose of sale; and the words "selling" and "sold" have a
similar meaning;
Special Public Function means the observance or celebration of a special event or festival where
a permit may be issued to allow the discharge of fireworks;
Street means any highway, roadway, sidewalk, boulevard, lane, place, parking lot or entrance
way or right of way which the public is ordinarily entitled or may be permitted to use for the
passage of vehicles or pedestrians and includes a structure located in any of those areas;
Trees includes shrubs;
Town means the Town of Osoyoos;
Unsightly in addition to its common dictionary meaning and regardless of the condition of other
properties in the neighbourhood, includes property having any one or more of the following
characteristics:
a)
the storage, location or accumulation visible to a person standing on a public
highway or on nearby property, or in a building or structure, situate on a public
highway or nearby property, of filth, rubbish, graffiti or any other discarded
materials;
b)
the untidy storage, location or placement of building materials on a site where
construction is not taking place, except where they cannot be seen from a public
highway or from nearby property, or from a building or structure situate on a
public highway or nearby property;
c)
landscaping or vegetation that is dead or characterized by uncontrolled growth or
lack of maintenance, or is damaged; or
d)
any other similar conditions of disrepair, dilapidation, or deterioration.
Good Neighbour Bylaw No. 1277
Page 16 of 18
Unwholesome matter means physical objects which are detrimental to the physical or mental
well-being 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;
Weed includes brush, trees, noxious weeds and other plant growth that is allowed to come to a
state of causing, or about to cause a nuisance and includes any vegetation where its root
system, limbs, or shoots intrude into a lane, street or highway in a manner that may impact
travel, construction, maintenance levels, safety, longevity or esthetics of the said lane.
Good Neighbour Bylaw No. 1277
Page 17 of 18
SCHEDULE B
to BYLAW 1277
Application for Permit
Consumer Fireworks or Display Fireworks
Name of applicant: ______________________________________________________
Birth date: ___________________________ Age: _____________________________
Mailing address: ________________________________________________________
__________________________________ Phone: _____________________________
Email: ________________________________________________________________
Licensed Fireworks Supervisor Card No.______________________________________
(attach photocopy)
THE APPLICANT HEREBY applies to discharge C0NSUMER or DISPLAY (check one)
Fireworks on property within the Town as follows:
Location: ____________________________
Date: _______________________________
Time: (Start) ___________ (End) _________
Description of Special Public Event: ________________________________________
Estimated number of spectators: __________________________________________
Expected Type and quantity of fireworks: ____________________________________
Contact name and phone for organizer or sponsor Special Public Event: ___________
Contact name and phone for property owner: ________________________________
READ CAREFULLY
THE APPLICANT CERTIFIES that the applicant understands and will be guided by the
provisions of Bylaw No. 1277, as amended from time to time, and all applicable Provincial and
Federal laws and regulations, as amended from time to time, and any conditions or restrictions
imposed in this permit by the CAO.
THE APPLICANT FURTHER CERTIFIES that the applicant is authorized to the appropriate level
by Natural Resources Canada to possess and fire, set off or explode fireworks of the class
specified within this application.
IN CONSIDERATION of $1.00 and other good and valuable consideration, the receipt and
sufficiency of which the applicant acknowledges, the applicant covenants that the applicant will
indemnify and save harmless the Town of Osoyoos and its elected officials, employees, officers,
agents and contractors from and against any and all manner of actions or causes of action,
damages, costs, loss, or expenses of whatever kind (including, without limitation, legal fees)
Good Neighbour Bylaw No. 1277
Page 18 of 18
which the Town or its elected officials, employees, officers, agents or contractors may sustain,
incur, or be put to by reason of or arising out of:
a) the issuance of this permit
b) the consumer fireworks event or display fireworks event, including, without limitation,
the handling, storage, discharging or other use of fireworks in connection with this permit;
c) the applicant's use or occupation of the location upon which the consumer fireworks
event or display fireworks event is to occur; or
d) any act or omission of the applicant or any person for whom the applicant is at law,
responsible, including, without limitation, the non-observance or non-performance of any
obligation imposed by Federal or Provincial law.
The applicant acknowledges that he or she has had the opportunity to seek independent legal
advice as to the contents of this agreement and that he or she is not under any legal disability.
Signature of applicant ________________________________ Date __________________
PERMISSION IS GRANTED to the above applicant to discharge consumer or display fireworks,
at the location and on the date and time(s) as set out above, subject to Bylaw No. 1277, as
amended from time to time, and to the following conditions and restrictions:
- This permit is not transferable. Only the applicant is authorized under this permit to
discharge fireworks.
- The applicant may only discharge the type and quantity of fireworks described in the
application.
- The applicant must ensure that all debris and litter related to a consumer fireworks event or
display fireworks event that occurs on Town property, including any litter left by the
spectators, is removed from the location at the conclusion of the Special Public Event.
- The applicant must obtain a Comprehensive General Liability insurance policy with an
inclusive limit of not less than $10,000,000.00 per occurrence for bodily injury and
property damage and provide evidence of the same to the CAO no later than twenty-one
(21) days prior to the Special Public Event
Other conditions:
CAO or authorized designate: ______________________________
Date of issue _____________