Good Neighbour Bylaw #4980 — full text, Vernon, British Columbia

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City of Vernon GOOD NEIGHBOUR BYLAW # 4980 CONSOLIDATED COPY AMENDMENTS TO BYLAW 4980 BYLAW NO. ADOPTION DATE AMENDMENTS 5127 April 14, 2008 - Amend Section 1.3 to include Schedule "F"; - Add new Part VI "Nuisance Smoke"; - Amend Section 7.2 in Part VII - Enforcement and Penalty with new Section 7.2; - Add new Schedule "F"; - Amend Table of Contents accordingly. 5149 July 14, 2008 - Add new Section 4.6 - Boat Noise; add new definition to Schedule "A" for "Motor Boat"; amend Table of Contents to represent these changes. 5291 December 13, 2010 - Delete Schedule 'E' 'EXCESSIVE NUISANCE ABATEMENT FEES' - Section 7.3 'REPEAT NUISANCE SERVICE CALLS' to refer to Fees and Charges Bylaw 5303 December 12, 2011 - Amend Section 5.7 SNOW REMOVAL Regulations 5429 April 22, 2013 - Amend Section 5.7 SNOW REMOVAL (removal of exemption for clearing sidewalks adjacent not congruent to property) Reverses Bylaw 5303. 5482 February 24, 2014 - Amend Section 5.7 SNOW REMOVAL, Regulations - rename first paragraph - Add new subsection 5.7 (b) 5643 October 23, 2017 - Amend Table of Contents and Part IV - Nuisance Smoke - Amend Schedule "E" to include references to Nuisance Smoke and Campfire - Add Schedule "F" - Fire Limits and Interface Areas Map 5784 October 28, 2019 - Amend Section 5 PROPERTY MAINTENANCE and Schedule "D" - Renumber pages as required CITY OF VERNON GOOD NEIGHBOUR BYLAW 4980, 2005 TABLE OF CONTENTS I INTERPRETATION................................................... 1 II GENERAL REGULATIONS......................................... 1 III STREET NUISANCES................................................ 2 Restrictions on Panhandling...................... 2 IV NOISE REGULATION.......................................................... 2 Exemptions...................................................... 2 Special Exemptions................................... 3 General Prohibitions......................................... 4 Specific Prohibitions................................... 5 Boat Noise ......................................................... 6 V PROPERTY MAINTENANCE................................................ 7 Private Property Maintenance...................... 7 Boulevard & Laneway Maintenance................. 7 Rubbish removal......................................... 8 Compliance Orders.................................... 8 VI NUISANCE SMOKE AND CAMPFIRE ...................................10 VII ENFORCEMENT AND PENALTY.......................................... 11 Enforcement .................................................... 11 Penalty.............................................................. 12 Repeat Nuisance Service Calls.................... 12 VIII REPEAL.................................................................................. 13 SCHEDULE "A" ................................................. 15 SCHEDULE "B" ................................................. 17 SCHEDULE "C" ................................................ 18 SCHEDULE "D" ................................................ 19 SCHEDULE "E" .................................................21 SCHEDULE "F" ..................................................23 THE CORPORATION OF THE CITY OF VERNON BYLAW NUMBER 4980 A bylaw to enhance the Quality of Life for the citizens of The City of Vernon. WHEREAS, the Council for the City of Vernon desires to protect Quality of Life for its citizens, and endeavors to promote civic responsibility, and further, strives to encourage good relationships between neighbours The Council of the City of Vernon, in open meeting assembled, ENACTS AS FOLLOWS: PART I - INTERPRETATION 1.1 This Bylaw may be cited as "City of Vernon Good Neighbour Bylaw Number 4980, 2005". 1.2 Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act or Local Government Act or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. 1.3 Schedules "A" - "E" contain definitions of terms used in this Bylaw. 1.4 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. 1.5 The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. 1.6 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder. PART II - GENERAL REGULATIONS 2.1 No person shall obstruct or interfere with a bylaw enforcement officer in the exercise of his duties. 2.2 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 property and declaring whether the PAGE 2 BYLAW NUMBER 4980 property is unsightly or otherwise not in compliance with the provisions of this Bylaw. PART III - STREET NUISANCES Restrictions on Panhandling 3.1 Schedule "B" contains definitions of terms used in Part III of this Bylaw. 3.2 No person shall panhandle within 10 metres of: (a) an entrance to a bank, credit union or trust company; (b) an automated teller machine; (c) a bus stop; (d) a bus shelter; or (e) the entrance to any liquor store. 3.3 No person shall panhandle from an occupant of a motor vehicle which is: (a) parked; (b) stopped at a traffic control signal; or (c) standing temporarily for the purpose of loading or unloading. 3.4 No person shall panhandle after sunset on any given day. 3.5 No person shall sit or lie on a street for the purpose of panhandling. 3.6 No person shall continue to panhandle from a person, or follow a person, after that person has made a negative response. PART IV - NOISE REGULATION Noise Restrictions 4.1 Schedule "C" contains definitions of terms used in Part IV of this Bylaw. Exemptions 4.2 Notwithstanding anything contained herein, no person shall be guilty of an infraction of this Bylaw while: (a) operating or in charge of Fire Department, Police or Ambulance vehicles while in the execution of their duties; PAGE 3 BYLAW NUMBER 4980 (b) operating any motor vehicle, machinery or other apparatus or thing during an emergency or for a public purpose or in furtherance of the public interest including, without limiting the generality of the foregoing, snow removal, watermain and sewer main break 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 where carried out in accordance with generally accepted industry standards using equipment and facilities in good operating order; (e) 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. Special Exemptions 4.3 (a) Construction Permits: Where the City's Chief Building Inspector considers that it is impossible or impractical for a person to comply with Section 4.5 (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 first obtaining a permit under this Bylaw and complying with the following terms and conditions: PAGE 4 BYLAW NUMBER 4980 (i) upon application in writing, a permit may be granted by the City's Business Licence Inspector, or designate, 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 a.m. and 6:00 p.m.; - 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 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 City's Business Licence Inspector may cancel a licence for a mobile public address system if the licence holder fails to comply with the requirements and restrictions on use of the system established in this Bylaw, or otherwise causes a nuisance. 4.4 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 City 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 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, comfort or convenience of any person or persons on the same property or in the neighbourhood or vicinity of that property. PAGE 5 BYLAW NUMBER 4980 4.5 Specific Prohibitions: Without limiting the generality of Section 4.4 herein: (a) No person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any highway or other public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of those premises or place; (b) 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, comfort or convenience of any person or persons in the neighbourhood or vicinity of said real property; (c) Subject to subsection 4.2 (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 tranquility 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 City between the hours of 2100 hours and 0700 hours; (e) Subject to subsection 4.3(a), no person in the City shall, on any day before 0700 hours or after 2100 hours, 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 a highway or elsewhere in the City which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity; (f) Subject to subsection 4.3(a), no owner of real property shall, on any day before 0700 hours or after 2100 hours, 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 highway or elsewhere in the City which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity; PAGE 6 BYLAW NUMBER 4980 (g) No person shall create a nuisance or disturbance upon any portion of a highway or other public place by participating in a fight or other similar physical confrontation between consenting or non- consenting persons. 4.6 Boat Noise: (a) No person shall launch a motor boat from any lands in the City 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 excessive noise; (b) No person shall operate a motor boat in the City 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 excessive noise; (c) No person shall operate a motor boat powered by an engine equipped with the exhausting devices commonly described as dry stacks or dry headers; (d) No person shall operate a motor boat powered by an engine equipped with all exhausting devices commonly described as water injected headers unless a properly operating muffler is installed thereto; (e) No person shall operate a motor boat powered by an engine equipped with exhausting devices commonly described as over- transom water cooled exhaust unless a properly operating muffler is installed thereto; and (g) No person shall operate a motor boat so as to cause noise which disturbs the peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity. PAGE 7 BYLAW NUMBER 4980 PART V - PROPERTY MAINTENANCE PRIVATE PROPERTY MAINTENANCE 5.1 Schedule "D" contains definitions of terms used in Part V of this Bylaw Exemptions 5.2 Part V of this Bylaw does not apply to farm operations conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act. (Bylaw 5784) Regulations 5.3 Except as permitted under section 5.2 of this Bylaw, no owner or occupier 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 situate on the real property; (c) the real property to become or remain unsightly; (d) the accumulation of dead landscaping, vegetation, noxious weeds or other growths to occur or to remain on the real property; or (e) demolition waste, construction waste or trade waste to accumulate on real property in respect to which a Building Permit has been issued by the City. (Bylaw 5784) BOULEVARD & LANEWAY MAINTENANCE Regulations 5.4 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 is kept clean and free of debris, common and noxious weeds. (a) Every owner or occupier of real property adjacent to a boulevard of lane shall maintain all ground covers and plant materials including but not limited to trees, shrubs, herbs, grasses and perennials and PAGE 8 BYLAW NUMBER 4980 plant materials planted by the City, developer or property owner, on the adjacent boulevard or lane. (Bylaw 5784) 5.5 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 all times, of weeds that are within one metre 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. 5.6 No owner or occupier of real property adjacent to a boulevard or lane, or any other person, shall deposit or cause, suffer or permit the deposit of any garden or vegetation waste materials containing weeds on or upon a boulevard or lane adjacent to the real property. RUBBISH REMOVAL Regulations 5.7 Every owner or occupier of real property shall remove, or cause the removal of rubbish from every sidewalk or footpath that borders on that real property within 24 hours from the time the rubbish is deposited thereon. (Bylaw 5784) COMPLIANCE ORDERS 5.8 If, in the opinion of the Bylaw Enforcement Officer, the owner of real property fails to comply with a requirement of this Bylaw, the Bylaw Enforcement Officer may issue an order requiring that the owner or occupier bring the real property into compliance with the provisions of this Bylaw within such time as the Bylaw Enforcement Officer considers appropriate in the circumstances. (Bylaw 5784) 5.9 Service of an order referred to in Section 5.8 will be sufficient if a copy of the order is: (a) served personally or mailed by prepaid registered mail to the person subject to the order; and (b) if the person subject to the order is not the owner of the real property as shown on the current year's real property assessment roll; the order is also served personally or mailed by prepaid registered mail to the owner of the real property. (Bylaw 5784) PAGE 9 BYLAW NUMBER 4980 5.10 An order issued under section 5.8 herein 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 this Bylaw to be remedied; (d) that the unsightly nature of the property or other non-compliance with this Bylaw must be remedied within 14 days of the date of delivery of the notice, or, in the case of rubbish on a sidewalk or footpath, within 24 hours from the time the rubbish is deposited thereon; (e) that if the owner or occupant fails to comply with the order, the City may, without further notice, proceed to carry out the work required, and the cost of such work will be added to the taxes of the real property, and the owner or occupant or both may be subjected to prosecution for an offence under this Bylaw. (Bylaw 5784) 5.11 An order issued under section 5.8 herein may give specific instructions to remedy the unsightly nature of the real property or other non-compliance with this Bylaw including, but not limited to, any one or more of the following directions: (a) remove unsightly accumulations of materials or rubbish from the real property; (b) remove 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. (Bylaw 5784) 5.12 If the owner of real property or other responsible person fails to comply with the Bylaw Enforcement 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 Bylaw PAGE 10 BYLAW NUMBER 4980 including, without limitation, administrative costs, costs to attend property by City employees or its contractors and the costs of removal, clean up and disposal. 5.13 If an owner of real property or other responsible person defaults in paying the cost referred to in Section 5.12 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. 5.14 Service of a demand for payment referred to in Section 5.13 will be 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. PART VI - NUISANCE SMOKE 6.1 Schedule "E" contains definitions of terms used in Part VI. 6.2 This bylaw applies to campfires and outdoor fireplaces as defined and regulated by the City of Vernon Fire Services Bylaw #5635 and quoted for reference in Schedule E. Should there be a conflict between the two bylaws, the definitions contained in Fire Services Bylaw #5635 will prevail. 6.3 No person may situate a camp fire or outdoor fireplace, in interface zone one, less than 3 meters (10 feet) from any combustible materials including but not limited to buildings, sheds, shrubs, grassy fields or from property boundary. 6.4 No person may situate a camp fire or outdoor fireplace, in interface zones two and three, less than 5 meters (15 feet) from any combustible materials including but not limited to buildings, sheds, shrubs, grassy fields or from property boundary. 6.5 All campfires, located in interface zone two and three must be enclosed in rock, concrete, ceramic clay or metal container no greater than 60 centimeters (24 inches) wide and no less than 45 centimeters (18 inches) in height. 6.6 All campfires, located in zones two and three require a spark guard or heavy wire mesh screen with openings no larger than 13 millimeters (one half inch). PAGE 11 BYLAW NUMBER 4980 6.7 No person shall light a campfire or outdoor fireplace, or permit a campfire or outdoor fireplace to burn when; (a) the Air Quality Health Index is greater than 3, or (b) the Ventilation Index is less than 55, or (c) conditions are hazardous, or (d) a fire ban is in place. 6.8 No person shall light an outdoor burning appliance or portable campfire apparatus when; (a) conditions are hazardous, or (b) a fire ban is in place which restricts the use of an outdoor burning appliance or portable campfire apparatus. 6.9 No person shall burn any material other than dry seasoned wood or charcoal briquettes in a campfire or outdoor fireplace. 6.10 No person may allow or maintain a campfire that is not contained and restricted from spreading or growing in size. 6.11 No person may set out, start or kindle a fire that emits opaque or dense smoke, or noxious odours. 6.12 No person may allow a campfire or outdoor fireplace to burn unattended. 6.14 An inspector may order the extinguishing of any fire in violation of this bylaw. 6.15 Every fire ordered extinguished under this bylaw must be extinguished immediately. Any fire that continues to burn after an order to extinguish has been issued may be extinguished by Vernon Fire-Rescue Services under the orders of the Director of Fire Rescue Services. All costs for the response may be recovered under the provisions of Section 17 of the Community Charter. (Bylaw 5643) PART VII - ENFORCEMENT AND PENALTY ENFORCEMENT 7.1 The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer. PAGE 12 BYLAW NUMBER 4980 PENALTY 7.2 Every Person who contravenes or violates any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence and, upon conviction, shall be liable to a fine or penalty not less than $250.00, and not exceeding $10,000, and a jail term of not more than 6 months. 7.2.1 Where the offence is a continuing one, each day the offence continues shall be a separate offence. REPEAT NUISANCE SERVICE CALLS 7.3 Where a member of the RCMP, a Bylaw Enforcement Officer, or other City 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 amounts prescribed in the current City of Vernon Fees and Charges Bylaw for each additional nuisance service call responded to at the same real property within the twelve (12) month period following the date of the notice referred to in Section 7.5. 7.4 Despite Section 7.3, where legal title to a real property is transferred, nuisance service calls made before the date that the new owner obtains legal title to the real property shall not apply to a determination under Section 7.3 of whether excessive nuisance abatement fees are payable. The new owner shall, in any event, be liable for all unpaid excessive nuisance fees imposed against the real property in respect of past nuisance service calls. 7.5 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 PAGE 13 BYLAW NUMBER 4980 (b) advising the owner that excessive nuisance abatement fees will be 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. 7.6 Service of the notice referred to in Section 7.5 will be sufficient if the notice: (a) in the case of service on an individual, is served personally or mailed by prepaid registered mail to the address of the owner shown on the current year's real property assessment roll for the real property for which the notice is issued; (b) in the case of service on a corporation, is served personally on a director, officer or manager of the corporation or by leaving it at or mailing it by prepaid registered mail to the registered office of the corporation. 7.7 Excessive nuisance abatement fees shall be paid by the owner on receipt of an invoice from the City. If the amount of each invoice is not paid in full before the 31st day of December in the year received, on written notice to the owner, the amount shall be added to and form part of the taxes on the real property, as taxes in arrears. 7.8 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. PART VIII - REPEAL 8.1 The following Bylaws of the City and their amendments are repealed: (a) "City of Vernon Panhandling Bylaw Number 4733, 2003" (b) "Anti-Noise Bylaw Number 3568, 1988" (c) "Private Property Maintenance and Nuisance Removal Bylaw Number 2404, 1975" (d) "City of Vernon Boulevard and Lane Maintenance Bylaw No. 4856, 2004" (e) "City of Vernon Snow Removal Bylaw #4687, 2001". PAGE 14 BYLAW NUMBER 4980 READ A FIRST TIME this 24th day of October, 2005. READ A SECOND TIME this 24th day of October, 2005. READ A THIRD TIME this 24th day of October, 2005. RECONSIDERED and ADOPTED this 14th day of November, 2005. ____ __________ ______ _______________ MAYOR: CITY CLERK: PAGE 15 BYLAW NUMBER 4980 SCHEDULE "A" In this Bylaw: "Bylaw Enforcement Officer" means the persons duly appointed by Council as such, and shall include any peace officer; "City" means the City of Vernon or the area within the municipal boundaries as the context may require; "Council" means the Council of the City of Vernon; "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: (1) the cost of police and City staff salaries, including all fringe benefits; (2) the cost of using police, fire and City equipment and vehicles; (3) the administration costs incurred by the City in responding to a nuisance service call and abating a nuisance; and (4) the cost of repairs to damaged City equipment, vehicles or property. "highway or other public place" includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct and any other way open to public use and any park, building, conveyance, private place or passageway to which the public has, or is permitted to have access or is invited; "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 British Columbia Weed Control Act; "nuisance" means anything that annoys or gives trouble, or that which is offensive, irritating or a pest to anyone residing within the City; PAGE 16 BYLAW NUMBER 4980 "nuisance service call" means a City or police response to and abatement of any nuisance or other activity, conduct or condition occurring on or near real property which substantially and unreasonably 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. "peace officer" has the same meaning as in the British Columbia 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; "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, as the context requires, individual premises located on the real property; "traffic control signal" means a traffic control signal as defined in the British Columbia Motor Vehicle Act. PAGE 17 BYLAW NUMBER 4980 SCHEDULE "B" In Part III of this Bylaw: "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; "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; "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 soliciting where approved by the City; "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 and includes a structure located in any of those areas; "traffic control signal" means a traffic control signal as defined in the Motor Vehicle Act, R.S.B.C., 1996 c. 318, as amended, from time to time; "trust company" means an office or branch of a trust company to which the Trust and Loans Companies Act (Canada) applies and in which deposit accounts are held. PAGE 18 BYLAW NUMBER 4980 SCHEDULE "C" In Part IV of this Bylaw: "mobile public address system" means a public address system that can be used or is used while mounted on a motor vehicle, trailer or such other device transported or moved by human power; "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 communications in schools and businesses. PAGE 19 BYLAW NUMBER 4980 SCHEDULE "D" In Part V of this Bylaw: "accumulation" means a build up, growth or collection, either scattered, amassed or piled, existing at the time of inspection. "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, or driveways; "lane" means a public thoroughfare or way which affords only a secondary means of access to a lot at the side or rear. "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 other than by muscle power including a car, truck, airplane all-terrain vehicle, recreation vehicle, motorcycle or any modified configuration thereof which: (a) is physically wrecked or disabled; (b) in the case of a motor vehicle is not capable 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 (c) does not have attached number plates for the current year pursuant to the regulations of the Motor Vehicle Act R.S.B.C., 1996 c. 318, as amended, from time to time. (Bylaw 5784) "filth" means foul or putrid matter. "grass" means vegetation consisting of typically short plants with long, narrow leaves, cultivated for lawns, meadows or fields. (Bylaw 5784) "offensive matter" means physical objects which are objectionable to the public, "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 PAGE 20 BYLAW NUMBER 4980 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 and includes a structure located in any of those areas; "unsightly", in addition to its common dictionary meaning and regardless of the condition of other properties in the neighbourhood, shall include property having any one or more of the following characteristics: (i) 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; (ii) 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; (iii) landscaping or vegetation that is dead or characterized by uncontrolled growth or lack of maintenance, or is damaged; (iv) any other similar conditions of disrepair, dilapidation, or deterioration. "unwholesome matter" means physical objects which are detrimental to the physical or mental well being of persons. "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. PAGE 21 BYLAW NUMBER 4980 SCHEDULE "E" In Part VI of this Bylaw: "Air Quality Health Index" means the function of transforming air quality measurements into a single number or descriptive term as shown for the Vernon area on the Province of British Columbia's, BC Air Quality website. "Campfire" means a contained outdoor fire used for cooking or recreation, not exceeding one meter in diameter (3 ft.) and one meter (3 ft.) in height in Interface Zone 1, or not exceeding 0.60 meters (2 ft.) and 0.60 meters (2 ft.) in height in Interface Zone 2 or Interface Zone 3. "Extinguished" shall mean no visible flame, sparks, glowing embers or smoke. "Hazardous" means any condition or thing that the Director of Fire Rescue Services considers is a fire hazard or that may increase the risk of the start, spread or danger of fire. "Inspector" means a Bylaw Enforcement Officer, Peace Officer, Fire Chief Director of Fire Rescue Services or his designate. "Interface Zone 1" means the area identified in the City of Vernon Community Wildfire Prevention Plan as Interface Zone 1 as indicated in Schedule F to this bylaw. "Interface Zone 2" means the area identified in the City of Vernon Community Wildfire Prevention Plan as Interface Zone 2 as indicated in Schedule F to this bylaw. "Interface Zone 3" means the area identified in the City of Vernon Community Wildfire Prevention Plan as Interface Zone 3 as indicated in Schedule F to this bylaw. "Outdoor Fireplace" means a secured container, which is commercially manufactured, certified by the Canadian Standards Association (CSA) or a similar entity, and designed with a chamber to hold an outdoor fire, used for heat, light, or cooking purposes. "Outdoor Burning Appliance and Portable Campfire Apparatus" means a CSA or ULC rated device that uses briquettes, liquid or gaseous fuels. "Person" shall mean natural persons of either sex, associations, corporations, or co-partnerships, whether acting by themselves or by a servant, agent, or employee, and the heirs, executors, administrators, or assigns or other legal PAGE 22 BYLAW NUMBER 4980 representatives of such persons to whom the context shall apply according to law. "Smoke" means the gases, particulate matter and all other products of combustion emitted into the atmosphere when a substance or material is burned, including without limitation smoke, dust, gas, sparks, ash, soot, cinders and fumes. "Ventilation Index" or "Venting Index" means the function of transforming a measure of the atmosphere's ability to disperse pollution into a single number or descriptive term as indicated on the BC Air Quality website or by calling the BC Ministry of Environment toll free number. (Bylaw 5643) PAGE 23 BYLAW NUMBER 4980 SCHEDULE "F"