575 Bylaw to Prohibit the Accumulation of Noxious, Offensive or Unwholesome Matter on Premises or Open Spaces — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 0cd3b9ac023b · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF PORT ALICE BYLAW NO. 575 ## A BYLAW TO PROHIBIT THE ACCUMULATION OF NOXIOUS, OFFENSIVE OR UNWHOLESOME MATTER ON PREMISES OR OPEN SPACES WHEREAS the Council of the Village of Port Alice deems it necessary and advisable to regulate properties, which have unsightly accumulations of filth, discarded materials, rubbish and graffiti; NOW THEREFORE the Council of the Village of Port Alice in open meeting assembled enacts as follows: ## 1. TITLE This bylaw may be cited as the Village of Port Alice Unsightly Premises Bylaw 575-2010. ## 2. DEFINITIONS In this Bylaw, unless the context otherwise requires: - a) "ADMINISTRATION" means the Administration of the Village of Port Alice. - b) "COUNCIL" means the Municipal Council of the Village of Port Alice. - c) "DISCARDED MATERIAL" includes but is not limited to dilapidated or discarded articles of any kind, including a wrecked vehicle, motor vehicle parts, household furnishings or appliances and scrap or salvage material. - d) "DILAPIDATED" means falling to pieces or in a state of disrepair, broken down, shabby or decrepit. - e) "NOXIOUS WEEDS" means the weeds listed in the regulations of the Weed Control Act. - f) "OWNER" includes the lessee, licensee, tenant, caretaker, user or other occupier of a building or a part of a building, or the agent of the owner. - g) "PERSON" includes any corporation, partnership or party and the heirs, executors, administrator or other legal representative or such person to whom the context can apply according to the law and also includes the owner, his agent or the holder of a purchasers interest in an Agreement for Sale of any real or personal property or premises within the Village. - h) "REAL PROPERTY" includes in addition to the common dictionary definition that portion of the right-of-way between the property line and the lines or lateral lines of a roadway. - i) "RUBBISH" includes all discarded, broken or useless items and, without restricting the generality of the foregoing, shall include any and all manner of garbage, old paper or wood products no longer in use or wrecked vehicles. - j) "UNSIGHTLY" shall mean repulsive to the sight or ugly but without restricting the generality of the same, may include:  ## VILLAGE OF PORT ALICE BYLAW NO. 575 - i) The storage of building materials on a site where construction is not taking place; 2. ii) The storage or accumulation of motor vehicles that are not roadworthy or parts thereof; 3. ili) The storage, repairing or servicing of motor vehicles, hauling or construction equipment except where the same is carried out entirely within a building. ## k) "WRECKED VEHICLE" means a vehicle that is: - i) Dilapidated, physically wrecked or disabled so that it cannot be operated by its own mode of power, or 2. ii) A vehicle that is dilapidated or appears to be physically wrecked although it could be operated by its own mode of power but is not displaying thereon a lawful current licence for its operation on a highway. ## 3. RUBBISH AND LITTER CONTROL - a) No person shall cause or permit water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate upon or around his or her premises. - b) No person shall deposit or throw bottles, broken glass or other rubbish in any open place. ## 4. UNTIDY PREMISES - a) No owner of real property shall allow such property to become or to remain untidy or unsightly by the accumulation thereon of any filth, discarded material or rubbish of any kind. - b) It shall be a good and sufficient defense to any prosecution commenced for violations of paragraph 4(a) hereof, for an owner of any commercial establishment to provide evidence that the storage of materials or the accumulation and storage of unroadworthy motor vehicles or parts thereof is an essential part of a legally licensed business. ## 5. DEMOLITION SITES On any property where the demolition of any buildings or structure has taken place; - a) All debris and material whether to be discarded or retained shall be removed immediately; - b) Any basement or other excavation shall immediately be filled in or covered over to lot grade level. ## 6. REFUSE ON STREETS No person shall throw, drop, deposit, leave or let fall any bottle or bottles, cans, glass, wood or refuse of any kind or any object or materials whatever, on or upon any street and the person/s so responsible for such littering on or upon any street shall immediately remove any of such objects or materials on or upon every part of such street. ## 7. OFFENSIVE GROWTH ## VILLAGE OF PORT ALICE BYLAW NO. 575 Every owner of real property shall upon receipt of notice given pursuant to this bylaw clean such property of brush or noxious weeds. ## 8. FENCES - a) In any zone where a fence has been erected no person shall allow a fence located on a property of which he or she is the owner to fall into a state of disrepair. - b) Subject to notice given pursuant to this bylaw where any fence has fallen into a state of disrepair the owner of property upon which the said fence is located shall repair or remove same. ## 9. GRAFFITI AND POSTINGS - a) No person shall post, exhibit or distribute placards, playbills, posters, advertising, writings or pictures on walls, fences or elsewhere, on or adjacent to a highway or public place. - b) No person shall place or permit the placement of graffiti on walls and fences. - c) Notwithstanding Section 9(a) any person may place posters to advertise public events or garage sales with the requirement that these are removed promptly after the event. ## 10. NOTICE Any notice to be given pursuant to this bylaw may be given by an employee of the Village and shall be deemed to have been delivered if personally served or if sent by regular Canada Post service. ## 11. FAILURE TO COMPLY If, after the date stated in the notice, the work required to be performed by such notice remains either wholly or partially incomplete, the Village shall follow up with a second notice reminding the owner of his or her obligations under this bylaw and a further seven days deadline is given. The period between the first notice and by which the owner is to complete the work required under this bylaw shall not exceed thirty (30) days after the notice is sent. If voluntary compliance is not forthcoming following a second notice, the matter will be reported to the Director of Operations who will report on the matter at an open meeting of Council. In the event of default of an Owner complying with a notice issued under this bylaw, the Municipality, by its employees or others, may enter and effect the removal of any accumulation of filth, discarded materials or rubbish of any kind or may clear the property of brush, noxious weeds or other growth at the expense of the Owner and the charges for doing so, if unpaid on December 31 in any year, shall be added and form part of the taxes payable on that real property as taxes in arrears. ## VILLAGE OF PORT ALICE BYLAW NO. 575 ## 12. RIGHT TO RECONSIDERATION - a) A person may request that council reconsider the remedial action by presenting a written request within fourteen (14) days of the date on which the notice of remedial action was sent. - b) If the council receives a notice that complies with subsection (a), it must provide the person with an opportunity to make representation to the council. - c) After providing the opportunity referred to in subsection (b), the council may confirm, amend or cancel the remedial action requirement. ## 13. ENFORCEMENT AND PENALTIES Any person who violates the provisions of this bylaw or permits an act or thing to be done in contravention of this bylaw commits an offence punishable on summary of conviction and shall be liable to a fine not less than One Hundred Dollars ($100) a day for continuing offences and costs and in default thereof. ## 14. SEVERABILITY If a court of competent jurisdiction declares any portion of this bylaw invalid, then the invalid portion must be severed and the remainder of the bylaw is deemed valid. ## 15. REPEAL Village of Port Alice "Nuisance Bylaw #12, 1965 and all amendments is herby repealed READ A FIRST TIME ON THE 11* DAY OF AUGUST 2010. READ A SECOND TIME ON THE 11* DAY OF AUGUST 2010. READ A THIRD TIME ON THE 11* DAY OF AUGUST 2010. ADOPTED BY THE MUNICIPAL COUNCIL ON THE 25* DAY OF August, 2010 Original signed by:   Chief Administrative Officer Nata Kuly Mayor Certified to be a true copy of Bylaw No. 575-2010, Unsightly Premises Chief Administrative Officer   B.C. Home Agriculture and Lands Pest Management Pest Alerts Insects Diseases Weeds Weed Field Guide Wildlife Damag Management Non-native & Invasive Pests Diagnostic Laboratory Integrated Pesi Management Pesticides Publications Regulations Useful links ## RELATED LINKS Agri-Food Protection Branch InfoBasket: Your Portal to Agri-Food Information on the Internet WeedsBC ## Search O All B.C. Government + Advanced Search | Help | Contact Us Text Size   · Agriculture and Lands News | The Premier Online | Ministries & Organizations | Job Opportunities | Main Index B.C. Home » Agriculture and Lands » Pest Management » Weed Guide ## Field Guide to Noxious and Other Selected Weeds of British Columbia ## Fourth Edition, 2002 Prepared by: Roy Cranston and David Ralph Food Safety and Quality Branch B.C. Ministry of Agriculture, Food and Fisheries Dr. Brian Wikeem Previously with: Silviculture Branch B.C. Ministry of Forests ## Contents - Preface - BC Weed Control Act - Noxious Weeds - Provincial - Noxious Weeds - Regional - Nuisance Weeds - Alphabetical Index to Noxious and Nuisance Weeds - Acknowledgements ## Preface Weeds are responsible for reductions in crop yield and quality and they lead to environmental degradation through destruction of native plant and animal habitat. Weeds also harbour insects and diseases of crops, create unsafe conditions, reduce property values and the aesthetics of an enjoyable  landscape and many can poison humans, livestock and wildlife. This field guide has been prepared to help farmers, ranchers, resource managers and the public identify British Columbia's noxious weeds. Some of the more common nuisance weeds that interfere with human activities are also detailed. Proper identification of problem weeds is the crucial first step in gaining knowledge about these troublesome plants so that a well planned control strategy can be developed. Printer Version   ## Weed Menu Use scroll bars to locate a weed of interest. Double-click on weed name to open page. ## Browse by Common Name Annual Bluegrass Baby's-Breath Barnyardgrass Bladder Campion Blueweed Bog Rush ## Browse by Latin Name Abutilon theophrasti Acroptilon repens Aegilops cylindrica Agropyron repens Amaranthus retroflexus Anchusa officinalis As an aid in separating noxious species, all weeds legislated under the B.C. Weed Control Act are organized alphabetically by most common name at the beginning of the guide. Weeds classified as noxious throughout the entire Province are arranged first, followed by weeds classified as noxious within regional boundaries. Other selected nuisance weeds are arranged alphabetically following the regional weeds.  ## B.C. Weed Control Act ## Noxious Weeds - Everybody's Problem Noxious weeds are typically non-native plants that have been introduced to British Columbia without the insect predators and plant pathogens that help keep them in check in their native habitats. For this reason and because of their aggressive growth, these alien plants can be highly destructive, competitive and difficult to control. The B.C. Weed Control Act imposes a duty on all land occupiers to control designated noxious plants. The purpose for the Act is to protect our natural resources and industry from the negative impacts of foreign weeds. ## The Following Weeds are Classified as Noxious within all Regions of British Columbia: Part I Provincial Annual Sowthistle (Sonchus oleraceus) Canada Thistle (Cirsium arvense) Crupina (Crupina vulgaris) Dalmatian Toadflax (Linaria dalmatica) Diffuse Knapweed (Centaurea diffusa) Dodder (Cuscuta spp.) Gorse (Ulex europaeus) Hound's-tongue (Cynoglossum officinale) Jointed Goatgrass (Aegilops cylindrica) Leafy Spurge (Euphorbia esula) Perennial Sowthistle (Sonchus arvensis) Purple Nutsedge (Cyperus rotundus) Rush Skeletonweed (Chondrilla juncea) Scentless Chamomile (Matricaria maritima) Spotted Knapweed (Centaurea maculosa) Tansy Ragwort (Senecio jacobaea) Velvetleaf (Abutilon theophrasti) Wild Oats (Avena fatua) Yellow Nutsedge (Cyperus esculentus) Yellow Starthistle (Centaurea solstitialis) Yellow Toadflax (Linaria vulgaris)  COPYRIGHT | DISCLAIMER | PRIVACY | ACCESSIBILITY ## The Following Weeds are Classified as Noxious Within the Boundaries of the Corresponding Regional Districts: Part II-Regional | Blueweed | Echium vulgare | Cariboo, Central Kootenay, Columbia- Shuswap, East Kootenay, Okanagan- Similkameen, Thompson-Nicola | |---------------------------|-------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------| | Burdock | Arctium spp. | Bulkley-Nechako, Cariboo, Columbia- Shuswap, Fraser-Fort George, Kitimat- Stikine, North Okanagan, Okanagan -Similkameen, Peace River, Thompson- Nicola | | Cleavers | Galium aparine | Peace River | | Common Bugloss | Anchusa officinalis | Kootenay-Boundary | | Common Tansy | Tanacetum vulgare | Bulkley-Nechako, Central Kootenay, Columbia-Shuswap, East Kootenay, North Okanagan | | Field Scabious | | Knautia arvensis | Bulkley-Nechako, Kootenay-Boundary, Thompson-Nicola | | | Green Foxtail Setaria viridis | Peace River | | Hoary Alyssum | Berteroa incana | Kootenay-Boundary | | Hoary Cress | Cardaria spp. | Columbia-Shuswap, North Okanagan, Thompson-Nicola | | Kochia | Kochia scoparia | Peace River | | Marsh Plume Thistle | Cirsium palustre | Bulkley-Nechako, Fraser-Fort George | | Meadow Knapweed | Centaurea pratensis | Columbia-Shuswap | | Night- Flowering Catchfly | Silene noctiflora | Peace River | | Orange Hawkweed | Hieracium aurantiacum | Bulkley-Nechako, Cariboo, Central Kootenay, | | | | Columbia-Shuswap, East Kootenay, Thompson-Nicola | |----------------------|--------------------------------------------|--------------------------------------------------------------------------| | Oxeye Daisy | Chrysanthemum leucanthemum | Cariboo, North Okanagan, Thompson -Nicola, Peace River | | Perennial Pepperweed | Lepidium latifolium | East Kootenay, Thompson-Nicola | | Plumeless Thistle | Carduus acanthoides | Central Kootenay | | Puncturevine | Tribulus terrestris | Okanagan- Similkameen | | Purple Loosestrife | | Comox-Strathcona Lythrum salicaria (by regional district bylaw) | | Quackgrass | Agropyron repens | Peace River | | Russian Knapweed | Acroptilon repens | North Okanagan | | Russian Thistle | Salsola kali | Peace River | | Scotch Thistle | Onopordum acanthium | North Okanagan | | Sulphur Cinquefoil | Potentilla recta | Columbia-Shuswap, North-Okanagan, Okanagan- Similkameen, Thompson-Nicola | | Tartary Buckwheat | Fagopyrum tataricum | Peace River | | White Cockle | Lychnis alba | Peace River | | Wild Chervil | Anthriscus sylvestris | Fraser Valley | | | Wild Mustard Sinapsis arvensis Peace River | | ## The Following Common Nuisance Weeds are Not Regulated by the BC Weed Control Act: Annual Bluegrass (Poa annua) Baby's-Breath (Gypsophila paniculata) Barnyardgrass (Echinochloa crusgalli) Bladder Campion (Silene cucubalus) Bog Rush (Juncus effusus) Broad-Leaved Plantain (Plantago major) Bull Thistle (Cirsium vulgare) Common Chickweed (Stellaria media) Chicory (Cichorium intybus) Corn Spurry (Spergula arvensis) Creeping Buttercup (Ranunculus repens) Cudweed (Gnaphalium uliginosum) Curled Dock (Rumex crispus) Field Bindweed (Convolvulus arvensis) Foxtail Barley (Hordeum jubatum) Western Goat's-Beard (Tragopogon dubius) Giant Hogweed (Heracleum mantegazzianum) Groundsel (Senecio vulgaris) Hemp-Nettle (Galeopsis tetrahit) Henbit (Lamium amplexicaule) Himalayan Balsam (Impatiens glandulifera) Field Horsetail (Equisetum arvense) Japanese Knotweed (Polygonum cuspidatum) Lady's-Thumb (Polygonum persicaria) Lamb's-Quarters (Chenopodium album) Common Mallow (Malva neglecta) Showy Milkweed (Asclepias speciosa) Mullein (Verbascum thapsus) Nightshade (Solanum species) Nodding Beggar-Ticks (Bidens cernua) Nodding Thistle, a.k.a. Musk Thistle (Carduus nutans) Pineappleweed (Matricaria matricariodes) Redroot Pigweed (Amaranthus retroflexus) Scotch Broom (Cytisus scoparius) Sheep Sorrel (Rumex acetosella) Shepherd's-Purse (Capsella bursa-pastoris) Spiny Annual Sow-thistle (Sonchus asper) St. John's-Wort (Hypericum perforatum) Stinkweed (Thlapsi arvense) Cluster Tarweed (Madia glomerata) Water Hemlock (Cicuta douglasii) Wild Buckwheat (Polygonum convolvulus) Witchgrass (Panicum capillare) ## Acknowledgements ## The following agencies and individuals are gratefully acknowledged for providing photographs: B.C. Ministry of Agriculture, Food and Fisheries; B.C. Ministry of Forests; Washington State University; Washington State Noxious Weed Control Board, University of Idaho; University of Arizona; Mountainview Ecological Services; Michael Betts, Don Blumenauer, Bruce Brolley, Roy Cranston, Jack Freeman, Vippen Joshi, Bill McCloskey, Alistair McLean, Robert Needham, Rosamund Pojar, George Powell, David Ralph, Dave Riendeau, Ben Roche, Dean Swan, Loal Vance, Brian Wikeem, John Woods. The information in this guide has been obtained from a number of sources including: Weeds of Canada, Weeds of the West, The Arable Weeds of Europe, Vascular Plants of the Pacific Northwest, Vascular Plants of British Columbia, The Thistles of Canada and The Biology of Canadian Weeds.