Good Neighbour Bylaw No. 2631

Rossland, British Columbia

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GO OD N EI G H B O U R BY LA W N0. 2631 CITY OFR O SS L PART1 - GENERAL PART2 - PANHANDLNG RESTRICTIONSN PA HANDLING. ..... PART 3 - NOISE REGULATO SPECIFICPROHIBI IONS.... EXEMPTIONS. SPECIALEXEMPT/ONS....... ..... PART 4 -- VEHICLEIDLING PARTS -- L TTERNG...... .... PART6 - PROPERTYMAINTE A CE. PRIVATEPROPERTY PRIVA E & PER OMPLIANCEORDERS T7 - ENFORCEMENTAND PENA ENFORCEMENT..... PENALTY......... REPEATNUISANCESERVICECALLS PART 8 -- REPEAL SCHEDULE"A" - DEFNITIoNs.. . SCHEDULE"B"-FEES . TABLEOF CON E T PUBLICPRO TY LE A D LANEW Al T E B y No. 2631 T HEREAS,the Councilfor the City of Rosslanddesires to protect Quality of Life izens, and endeavors to promote civic responsibility, and further, strives to ge good relationships between neighbours. The Councilof the City of Rossland, in open meeting assembled, ENACTSAS FOLLOWS: PART 1 - GENERAL CITATION 1.1 ThisBylaw may be cited as "City of Rossland Good Neighbour BylawNumber 2631, 2017". DEFINITIONS 1.2 1.3 1.4 1.5 1.6 Words or phrases de?ned in the BritishColumbia Interpretation Act, Motor VehicleAct, Community Charter or LocalGovernmentAct or any successor legislation, shall have the same meaning when used in this Bylawunless otherwise defined in this Bylaw. Schedules "A"contain definitions of terms used in this Bylaw. In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. 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 or the intent of the provisions of this Bylaw. If any portion of this Bylaw is for any reason held invalid by any court of shall not affect the validity of the remainder. A bylaw re gu lat e nuisances, disturbances and other activities or things that may be consider ed anuis ance , disturbance orother objectionable situation and do not protect e n h a n c e the well-being of the community in areasonable manner. Bylaw No. 26 31 T H E CORP ORATI ON OF THE CITY OF ROSSL BYLAW NUMB 2631 for its c it encoura 2.3 r r! BylawNo 2631 GENERALREGULATIONS 17 No person sha obstruct or interfere w'th a bylaw enforcement officer in the exercise o his duties A bylaw enforcement of?cer sha have the rig t to enter upon the property of any owner 0 occupant at al reasonab e t mes and n a reasonable anner fo the purposes of nspecti g property and declaring whether the property IS uns'ght|y or otherwise no n c mpliance with the provisions of this Bylaw PART2 - PANHANDLING ANHANDLING a panhandle w thin 10 me res o ' rance to a bank, credit union or r 5 com any' t mated te le machine; stop ss ete or ntranc toan Iq rs e I p r vehiclewhich s Y panhand|'ng or fol ow a perso nsh No erson sh IIpan nde ro a occu nto amoto (a) parked- (b stopped a raff'c con ro sugna; r (c) s andlng empo aril ort p pose of loading Nope son sha a h d after sunse 0 any given da No erson sha Isi or e on a st ee 0 he purpose of No e s n shall co t'nue to panhandle rom a person, aft rthat pe s n has made a egatn e res onse. GENERA ROHIBITIONS 3.2 No perso sha ake or ause or per it to be mad an no se 0 a h ghwa o o e publlt'.place' d stu bs 0 tends to d sturb t e iet peace, est, e (a) (b) (c) (d) (e) I' y|' uo tor . atl tr Ilp n an Ie yf t I. he ur t n tu e or ca us ed , In the C it y w hi ch njoyme nt, saf ety RESTRICTIO NS 2 2 No per so n l l ino rn i 25 2.6 I' t Clu Bylaw No. 2631 lb) comfort or convenience of any reasonable person or persons of ordinary sensitivity in or the neighbourhood or vicinity of that place; No person being the owner, occupier or tenant of real property shall allow or permit such real property to be used so that noise or sound which occurs thereon or emanates there from, disturbs or tends to disturb the quiet, peace, rest, enjoyment, safety, comfort or convenience of any reasonable person or persons of ordinary sensitivity on the same property or in the neighbourhood or vicinity of that property. SPECIFICPROHIBITIONS 3.3 Without limiting the generality of Section 3.2 herein: (3) lb) (cl (Cl) (6) (fl No person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any highway or other public place in such a manner as to disturb the quiet, peace, rest, enjoyment, safety, comfort or convenience of any reasonable person or persons of ordinary sensitivity in the neighbourhood or vicinity of those premises or place; No person being the owner, occupier or tenant of real property shall allow or permit his real property to be used by a person or persons 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, ordinary sensitivity in the neighbourhood or vicinity of said real property; Subject to subsection 3.4(e), no person shall own, keep or harbors any animal or bird which by its cries or sounds unduly disturbs the peace, quiet, rest or tranquility of the surrounding any reasonable person or persons of ordinary sensitivity in the neighbourhood or vicinity of said real property; No person shall operate a bear banger device within city limits. No person may operate, or cause, suffer or permit the operation of, any motorized lawn-grooming or garden equipment in the City between the hours of9:0O pm and 7:00 am; Subject to subsection 35(3), no person in the City shall, on any day before 7:00 am or after 9:00 pm, construct, erect, reconstruct, alter, (3) (h) (c) VII 'lu I n a on EXEMPTIONS 3.4 Notwithsta yt 'ng c t i ed herein no per o shall be guilty of an infractio fthis By aw while (a) 0 rating or in charge of Fi e Department Policeor Ambulance vehicl es w le in the execution of their duties; (b) o ra ing any motor veh cle, machinery or other apparatus or thing d ing an emergency or for a public purpose or in furtherance of the p blicinterest including, without I muting the generality of the foregoin g, wa er main and sewer main break repairs and civildefense exercises. F o r pub 'c purposes, snow remova w'|| only be permitted between 5.00 a m d 11:00 pm; rforming works of an emergency nature for he preservation or otect'on of life, health or p operty, prov'ded that, the onus shall be o n e person performing the work to show cause that the work was of an ergency nature, rcia ,i dus r al or Ii g t oise th re rom doe s wfully carrying on a trade or industry at a com dust ia zoned area, provided that e sound 0 o exceed the sound or noise common to such de or ndustry wher e ried out in accordance with generally accept ' du t standa ds g equipment and facilities n good operatin de By aw No. 2631 epa r o demolish any uilding, structure or t h n g , or eavate or?Ii land in any manner which causes noise or sou nds in onighway o elsewhere in the C'ty which dis rbs or tends di st ur b he qiet pe rest, enjoyment safety, comfort or convenience of any reasonabl person or persons of ordinary sensitiv ty I th e ei gh bo u hood or ic Subject to subsection 3 5(a) no ow er of real pshall on ayd before 7:00 am 0 after 9:00 pm, ause, permi t 0aperson 0 construct, erect reconstruct al e , repairo ny buil ng, tructure or th rig, or excavate or fill i land inewhi hcau noise or sounds in or on any eal property a elsewhere in City which d'sturbs he quiet, peace, rest, enjo ym fety, comfort conven ence of reasonable any pe son or pe Iary sensit'v in the neighbou ho d or vicin't No person sha Icreate a nu sance or disturba nce aportion of ghway or other public p ace by participati g'oroher simi physical confron ation between con ent ngo r i senting erso I' o erty r allow olish a y mann hway or 5 , BCE v' in ty, n ay d: 'c es the or meln r n e tra ed In 5 ry gor r, ndingan hu no ' I PE h. C ?ght t ro ah ona n (e) carrying out farm operations conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act; (f) 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. SPECIALEXEMPTIONS 3.5 (a) Construction Permits: Where the City's ChiefBuilding Inspector considers that it is impossible or impractical for a person to comply with Section 3.3 (e) and (f), the Chief Building Inspector may, on application in writing, grant a construction permit 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 Chief License Inspector considers reasonable in the circumstances; (b) Mobile Public Address Systems: No person may operate a mobile public address system without ?rst obtaining a permit under this Bylawand complying with the following terms and conditions with fees outlined in Schedule B: (i) upon application in writing, a permit may be granted by the Corporate Of?cer or designate, for a mobile public address system, 0 the system may only be used between the hours of 9:00 a.m. and 6:00 p.m.; 0 the system must not be operated while the motor vehicle, trailer or other device containing the system is parked on a highway; and - 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 City's Zoning Bylaw; - the system must not be operated so as to cause a nuisance or other disturbance to any reasonable person. B yl a w No. 2631 du Bylaw No. 2631 (ii) a perm't for non-commercialpurposes sha I be for a stated pe iod of days, The C0 porate Officer or designate may cancel a l'cence for a mobi e public add ess system ifthe licence holder fails to comply with the requirements and restrictions on use of the system established in th s Bylaw, or otherwise causes a nuisance PART 4 - VEHICLEIDLING The Ci y of Rossland's concerned with air quality and is committed o meet rig the City's carbo neutral targets, therefore, willconsider a breach of this section 0 t e bylaw an offence. 4 1 o pe son shall cause or permit a vehicle to idle for more than t ee 3 consecutive minutes at the same location EXEMPTIONS. 4 2 Section 4.1 does no app y to: a) a bus that is located w'thin a garage or depot in ende o 5 lo gte m park'ng or maintenance (b) a vehicle containing equipment that must be operated nside or n association with a vehicle, or (c) a vehicle serving as a fac lity for taking measurements or making observations by or on behalf of the municipality , public uti|'ty police ?re or ambulance. - GENERALPROHIBITIONS 5 1 No person shall: a) leave, scatter, mp or dispose of any rubbish, paper litter cigarette butt, glass or any other materia either so id or |'quid in any pubic place, b) stamp, pa'nt, post, af?x or othe ' e a e or distribute any 'll, poster, notice 0 advert'sement on a y public property for more than two days and w'thout f'r t ha 'ng obtained written per ission from the Ci y; c) expectorate, spit al'va, s it tobacco s it chewing gum or any other substance i any public place; or d) deface, injure or damage any prope y or equ'pme t owned by or 'n the care of the City In any pubic place fh hr ( ) Bylaw No. 2631 PART 6 - PROPERTYMAINTENANCE Private Property 6.1 Except as permitted under section 6.14 of this Bylaw, no owner or occupier of real property shall cause, suffer or permit: (3) lb) (C) (d) (e) (f) is) water, rubbish, noxious, offensive, or unwholesome matter to collect or accumulate on the real property; rubbish to overflow from or accumulate around any container situated on the real property; allow the real property to become or remain unsightly; the accumulation of dead landscaping, vegetation, noxious weeds or other growths to occur or to remain on the real property; graffiti to remain on the real property; the storage or accumulation of a derelict vehicle or derelict vehicles unless stored in an enclosed building or structure. in respect to real property for which a Building Permit has been issued by the City, cause or permit demolition waste, construction waste or trade waste to accumulate on the real property, it willbe required that it is removed in one week. PRIVATE 8:.PUBLICPROPERTY 6.2 No person shall: property; b) deposit or throw bottles, broken glass or other rubbish in any open place upon private or public property; or c) abandon a vehicleon a street or public right of way. BOULEVARD& LANEWAY MAINTENANCE 6.3 Every owner or occupier of real property adjacent to a boulevard or lane shall ensure that the portion of the boulevard or lane adjacent to the real property, up to the centerline of the lane, is kept free and clear, at all times, of weeds. 6.4 Every owner or occupier of real property adjacent to a boulevard or lane shall ensure that the real property is kept free and clear, at alltimes, of weeds that are within one meter from the border between the real property and the adjacent boulevard or lane, so as to prevent and control the spreading of weeds to adjacent boulevards or lanes. En No owne 0 oc upier of real p operty adjacent to a ho Ievard or lane, or any other erso , sh lldepos't or cause, su er or permi the deposit of any garden or veget t'on was e mater als co taini g weeds on 0 upon a boulevard or lane adjacent to the eal property. Every owner or occup er freal p operty shall remove r cause the removal of rubbish f om every sidewalk or foot ath that borde s on that real property w'th'n 24 hours from the t'me the rubbish is depos'ted hereon. COMPLIANC ORD S 6.7 68 If, in the opin'on of the BylawEnforcement Of?cer, the owner of real property or othe respon ible pe son fails to omply ith a req 'r ment of th's Bylaw,the Bylaw forcement Officer ma issue an order requ g that the owner or other responsible person bring the real property into compliance w'th the provisions of this Bylaww thin such time as the Bylaw En orcement Of?cer considers appropriate 'n the ircumstances. Service of an o der referred to in Section 6 7 wi Ibe suf?cient if a copy of the order i (a) served personally or mailed by prepaid registe ed 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 mailto the occupier of the real property. Notice issued un er section 6.7 herein must state: (a) the civic address of the subject real property; no - ompliance with this Bylawto be remedied; (d) that the unsightly nature of the property or other non-compliance w'th th's Bylawmust be remedied with'n 14 days of the date of delivery 0 the notice, or, 'n the case of snow, ice or rubbish on a s'dewa| or footpath, within 24 hours from the time the snow, ice or rubb'sh i deposited thereon. (e) that ifthe owner or occupant fails to comply with the notice, the City may, without further notice, proceed to carry out the work requ'red, and the cost of such work will be a ded to the taxes of the real property and the owner or occupant or 0th may be subjected to prosecut on for an offence under th s Bylaw. B yl a w No. 2531 DC u: e Bylaw No. 2631 6.10 6.11 6.12 6.13 Notice issued under section 6.7 herein may give speci?c instructions to remedy the unsightly nature of the real property or other non-compliance with this Bylawincluding, but not limitedto, any one or more of the following directions: (a) remove unsightly accumulations of materials or rubbish from the real property; (b) remove snow, ice or rubbish from sidewalks and footpaths; (c) clean, stack or cover any material; (d) clear the real property of brush, trees, noxious weeds or other growths; (e) cut grass or weeds present on the real property; (f) prune trees or shrubs; (g) remove rubbish, or cut grass, weeds or other growth from adjacent boulevards or laneways (h) otherwise remediate, maintain or repair the real property as specified in the notice, so as to bring it into compliance with this Bylaw. Ifthe owner of real property or other responsible person fails to comply with the BylawEnforcement Officer's compliance order within the time period specified in such notice, the City, 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 the cost of the defaulting owner or other responsible person. Such costs shall consist of all costs and expenses incurred by the City to achieve compliance with this Bylawincluding, without limitation, administrative costs, costs to attend property by City employees or its contractors and the costs of removal, clean up and disposal. Ifan owner of real property or other responsible person defaults in paying the cost referred to in Section 6.11 to the City within 30 days after receipt of a demand for payment from the City, the City may either recover from the owner or other responsible person, in any court of competent jurisdiction, the cost as a debt due to the City, or direct that the amount of the cost be added to the real property tax roll as a charge imposed in respect of work or service provided to the real property of the owner, and be collected in the same manner as property taxes. Service ofa demand for payment referred to in Section 6.12 willbe sufficient if a copy of the demand is served personally or mailed by regular mail to the owner of the real property as shown on the current year's real property assessment roll. r Y Lu art V oft is Byaw does not apply o farm oper ducte I cordance with norma farm pract ces u der h ac ice atection (R ght to Farm) Act art fthis Byaw does not apply o t e 0 de stora ods and chatte s when pe m' ted by the Cit Zon law 1912 PART 7 - ENFORCEMENTAND PENA EMENT he provisions of th 5 By aw may be enforce b any By Officer PENALTY 72 Every erson who contravenes or v'olates any provision of this Bylaw, or who suffers rmi 5 any act or hing o be done 'n con ra ention or in violation of an p visi n oft is Bylaw or who neg ectst do or refrains from doing an h' red to e d ne y a pro ion of th s Bylaw, commits an offence and, upon conviction, shall be liable to a fine or penalty not exceeding $10,000 and, where the offe ce is a co tinuing one, each day the offence continues sha I be a separate offence. REPEATNUISANCESERVICECALLS 7.3 7.4 Where a member of the RCMP, a Bylaw Enforcement Officer, or othe City official is required to respond to a real property for' (b) more han three nuisance service callswithin a twelve (12 month pe 'od; (c) the owner oft e rea p operty shall be liableto pay an excessive n 'sance abatement fee 'n accordance with the amounts p escribed in Schedule "B"of this Bylaw for each additi nal nuisance serv ce call responded to at the same e property within the twe ve (12) mon h period fo low'ngt e date of the notice referred to in Section 7.5. Despite Section 7.3, where le a ttle to a eal property' transfe re , nu s n e service ca ls ade before t e date that t e new o ner btains egal title o the real property shall not apply to a determination under Section 7.3 of whether 12 By aw No 2631 EXEMPTIONS 614 (3) P ac Pr t sco n dn ' t a r ts t h r ry u t d o geof yof Ros sa ding P orpe y ro 'o yt mg requ i la w E nf or ce m e nt ENFOR C 7.1 O Bylaw No. 2631 7.5 7.6 7.8 excessive nuisance abatement fees are payable. The new owner shall, in any event, be liablefor all unpaid excessive nuisance fees imposed against the real property in respect of past nuisance service calls. Before imposing an excessive nuisance abatement fee, written notice shall first be provided to the owner of the real property: (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 real property; and (b) advising the owner that excessive nuisance abatement fees willbe imposed for each additional nuisance service call to the same real property and that the imposition of such fees is in addition to the City's right to seek other legal remedies or actions for abatement of the nuisance. Service of the notice referred to in Section 7.5 willbe suf?cient ifthe notice: (a) in the case of service on an individual, is served personally or mailed by prepaid registered mail to the address of the owner shown on the current year's real property assessment roll for the real property for whichthe 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. invoice from the City. An owner may, within 30 days of receipt of an invoice demanding payment of excessive nuisance abatement fees, require that Council reconsider the requirement to pay, or the amount of, the excessive nuisance abatement fees, at which time the owner of the real property shall have an opportunity to be heard by Council. vor BylawNo. 2631 8.1 PART 8 R E P E A L Bylaw No. 2430 and any of its amen dment s are hereby repealed READA FIRSTTIMEthis 22""day ofl un e, 2017 READA SECONDTIMEthis 26"'day 2017 READA THIRDTIMEthis 17"'day of Ju| y, 2017 RECONSIDEREDand ADOPTEDthis day of August, 2017 C Ief0ffIcer/ Corpo rate Offc er Bylaw No. 2631 SCHEDULE"A" - DEFINITIONS in this Bylaw: Accumulation means a buildup, 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, 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; Bus Stop means a section of street which is reserved for the loading and unloading of buses and where parking and stopping of all other vehicles is prohibited; Bylaw Enforcement Officer means the persons duly appointed by Council as such, and shall include any peace officer; City means the City of Rossland or the area within the municipal boundaries as the context may require; Container includes a dumpster, garbage can, garbage bin or other receptacle designed, intended or used to hold rubbish, discarded materials and debris; Derelict vehicle means any vehicle or part thereof, propelled otherwise than by muscle power which: (a) is physically wrecked or disabled; (b) is not capable of operating under its own power; and (c) does not have attached number plates for the current year pursuant to the regulations of the Motor Vehicle Act of the Province of British Columbia. 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 City staff salaries, including all fringe benefits; II 0 n C al I I alt t In r I , r 5 ml r v I I I I n r I I I a I I . I r r I I I V I: I I t I h I Bylaw No 2631 (b) the cost of using police, ?re and City equipment and vehicles, (c) the administra io costs incur ed b the City in responding to a n isa ce service call an abating a nuisa ce, and (d) the ost of rep irs o damaged ity equipment, vehicles or property. Filth means foul or putrid matter, G aff I means writ rig or pictures scratched, painted or drawn by any means on a w I, fence, bu'|ding, structures o any k'nd, sidew l or road, but does no include pu |'c art murals that may be approved by eso|ut'on of Councilfrom time to time 6 ass means any of a large family (Gramineae o Poaceae)of monocotyledonous plants having narrow leave , hollow stems a cluste s of ery small, usua ly w'nd-po ' a e flowers; H'ghway or Other Public Place includes every street, road, land, bou evard, side I , lane, br'dge, vaduct and a y other way open to public use and any pa k, b ild ng conveyance, private place or passageway to which the public has, or IS permi cl to have access or is invited, Idle and Idling mean the operation of an nterna combustion eng ne of veh cle e the vehicle is not in mot'on Lane means a public horoughfare or way which affo ds only a secondary means of access to a ot at e side 0 rea ; bottles, cans 0 pa 5 of th m' or an a andoned or d scarded article, product or goods manufacture; Mobile Public Address System means a public address system that can be used or is used whi e mounted on a motor vehic e, railer o such other device transported or moved by human power, Noise means any sound which annoys or distur s reasonab e persons, or which injures, endangers or det ac s from he comfo epose, health peace or safety of reasonable persons within City limits; Noxious Weed means any weed designated by regulation to be a noxious weed pursuant to t e Br' ish Co umbia Weed Cont ol Act and includes the seeds of a noxious weed; wak ll nt d ." ...:_mE _ _nwm _£ 33: otm.__ m*0 uE u__3:n mu_:o.:um_m _u_u< u__3_.i m:ommu._.. 053 8 S_uommm u:_com._m._ mm3:_u:_ mumam EC 9: Mmco..o.._ 638 ._o m._:mn_ zmcwto mmmtm ._o .£_mm3 u__3..a m_E2...3=m m 650 ._o mm_:z m==2_:_ u:mm_:z B 1: = E . = w_uEw> _m.s _mEmE £.>.5 m __ow m...we a_m£o wo 2» mg: Eou £63 ou um_..._._. m_Huang _o 3.5 on wowum .u>o m mamama; mwom._w._.w wu._8mu u .mm3 2a_>m F_._m0 m__mu mwu_>..mm zmumucm?momuo>5 .550 mucmmiz mmu_.>._mm 2: __mu uu_>._mmu.._mm_=z .=>_um >3 .2. ooam :55". _m_.u._mEEou, mm;oz u_::m.. _m_u._mEEou.:oz >_.u.muuxu 2 am}. m_2m:m>m mmEnn_< u_.:5._ m.__mos_