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TOWN OF LAC DU BONNET
By-Law 06/18
BEING a By-Law of the Town of Lac du Bonnet to authorize property maintenance and
standards and to repeal By-Law 414/85.
AND WHEREAS Section 232 of The Municipal Act reads as follows:
"(1) A council may pass by-laws for municipal purposes respecting the following
matters:
(c) subject to section 233, activities or things in or on private property;"
AND WHEREAS Section 233 of The Municipal Act reads as follows:
"A by-law under clause 232(1)(c) (activities or things in or on private property) may
contain provisions only in respect of
(a) the requirement that land and improvements be kept and maintained in a
safe and clean condition;
(d) activities or things that in the opinion of the council are or could become a
nuisance, which may include noise, weeds, odours, unsightly property, fumes and
vibrations."
NOW THEREFORE the Council of the Town of Lac du Bonnet in session duly assembled,
enacts as follows:
1.0
DEFINITIONS
1.1 "Junk" includes, but is not limited to, iron, brass, copper, tin, lead or other base metals; ropes,
rags, fibers or fabrics; old bottles or other glass; rubber or rubber products; machinery, motor
vehicle parts, tools, appliances, fixtures, lumber, unstacked firewood, utensils, cartons,
containers, pipe and pipe fittings, conduit and conduit fittings; wastepaper; or other waste or
discarded goods.
1.2 "Nuisance" is a substance, act, occupation, condition or use of property which, in
the opinion of a designated officer of the Town, is of such nature and continues for such length
of time as to:
(a) substantially annoy, injure or endanger the comfort, health, repose or safety of the
public; or
(b) in any way render the public insecure in life or in the use of property; or
(c) unlawfully and substantially interfere with, obstruct or tend to obstruct or render
dangerous for passage any street, alley, highway or other public way
(d) any substance, act, occupation, condition or use of property which does not fall within
subsection 1.2 a, b or c, but is a nuisance as known under the common law of the land or
the Statures of Manitoba as nuisances may, in case the same exist within the Town and
are, in the opinion of the designated officer of the Town, a nuisance, shall be treated as
such and proceeded against as provided in this Section or in accordance with any other
provision of law.
1.3 "Person" means any natural person, firm, association, joint venture, joint stock
company, partnership, organization, club, company, corporation, business trust (or any of their
officers or directors).
1.4 "Public view" means an observation from any location exterior to the property.
1.5 "Rubbish" includes, but is not limited to, all solid and liquid waste and litter,
whether combustible or non-combustible, and includes but is not limited to ashes, cans, paper,
rags, fiber, refuse, fabric, wrappings, cigarettes, cardboard, yard clippings, leaves, dead plant
material, branches, wood, waste-building materials, glass, crockery, abandoned or unsafe
household furnishings and appliances, discarded clothes or wearing apparel, carcasses of dead
animals and other like materials, and human feces. Liquid waste includes, but is not limited to
oil, paint, solvents and other toxic substances.
1.6 "Storage" is maintaining or allowing an item to remain unused or unmoved on the
property for ten days.
1.7 "Town" means the Town of Lac du Bonnet.
2.0
PROHIBITED ACTIVITIES
2.1 No person having or being entitled to the ownership and/or possession of any
land, residence, apartment building, store, building or other premises ("the premises") within the
Town, or any part thereof, shall permit or allow:
(a) the existence or storage of junk and/or rubbish, and/or a nuisance upon a premises, or part
thereof, or on the sidewalk or the alleys abutting such premises, except as otherwise
provided in this Section.
(b) except as hereinafter provided, the growth of grasses or weeds in excess of six (6) inches
upon land occupied by a habitable structure or within one hundred (100) feet of a
habitable structure, or twelve (12) inches upon land without a habitable structure or in
irrigation and drainage ditches. These mowing requirements do not apply to flower
gardens, vegetable gardens, plots of shrubbery, grain plots, or pastures used for feed,
fodder or forage, or to Town-owned areas kept in their natural state or grasses or weeds
which grow more than one hundred (100) feet from any street or habitable structure.
Grasses or weeds which are located within one hundred (100) feet of a street, and on
which no habitable structure is located within said one hundred (100) feet, shall be
mowed to a height no greater than twelve (12) inches.
(c) Notwithstanding anything to the contrary contained herein, noxious plants or designated
undesirable plants as defined in The Noxious Weeds Act shall be mowed to a height no
greater than six (6) inches if located within one hundred (100) feet of a habitable
structure or twelve (12) inches if located farther than one hundred (100) feet from a
habitable structure.
3.0
METHOD OF ABATEMENT
3.1 In order to abate or remove any grasses or weeds, junk, rubbish or nuisance, the
Town may elect to:
(a) Initiate legal action; or,
(b) Cause abatement or removal by means of a notice and demand, pursuant to Section 3.3
3.2 If the Town elects to initiate legal action, notwithstanding Section 3.3, no prior notice
regarding the abatement or removal need be given to the Defendant.
3.3 The Town shall give Notice, as set forth in Section 3.4, that grasses or weeds, junk, rubbish
or nuisance, or stagnant water must be abated or rectified. If such grasses or weeds, junk, rubbish
or nuisance or stagnant water are not removed or abated as required in the notice, or if an appeal
has not been commenced to the Council of the Town, within the time set out in the Notice, the
Town is authorized and empowered to cause such grasses or weeds, rubbish or nuisance or
stagnant water to be removed or abated and add all costs thereof to the realty taxes for the
property.
3.4 Any person in violation of this By-Law shall be given written notice of such fact,
by the posting of a Notice on the property in a conspicuous place, directing the cutting of grasses
or weeds, or the removal of junk, rubbish or nuisance, or stagnant water. A copy of the Notice
shall also at the same time be mailed to the owner of such property as of that date to the address
shown on the latest revised Town tax roll. The Notice shall inform the addressee that if such
grasses or weeds are not cut or if such junk, rubbish or nuisance, or stagnant water is not
removed within twenty-one (21) days of the date of the notice, the Town can cause such junk,
rubbish or nuisance, or stagnant water to be removed and assess the costs of such removal as a
property tax account against the affected property. The Notice shall also state the date by which
the decision of the designated officer of the Town can be appealed to the Council of the Town.
3.5 The person or persons responsible for any weeds, rubbish, junk or nuisance, or stagnant
water within the Town shall be liable for and bear all costs and expense of the abatement or
removal of same, including legal costs, which cost may be collected by the Town by adding the
amount to the realty tax account for the affected property and collecting in a like manner as a
debt due to the Town.
3.6 It shall be lawful for the Town designate to go upon private property to ascertain the
existence of weeds, junk, rubbish or nuisance, or stagnant water.
4.0
DECLARED NUISANCES
4.1 It is unlawful and constitutes a nuisance for any person to allow a compost pile to become
unmaintained or to allow animal feces to accumulate, which substantially annoys, injures, or
endangers the comfort, health or safety of the public. Such annoyance includes, but is not limited
to, strong offensive odours or the presence of mice, rats or other vermin.
4.2 It is unlawful and constitutes a nuisance for any person to allow junk or rubbish to
accumulate inside a residence or other structure to the extent it is a health and safety hazard to
the occupants or the public.
4.3 It is unlawful and constitutes a nuisance to pollute a municipal storm sewer.
4.4 Any business where people congregate, which tolerates or permits a disturbance
of the peace, or where the conduct of persons in or about that place is such as to disturb the peace
of the occupants of or persons attending such place, or the residents in the vicinity, or the
passersby on the street, highway or sidewalk, constitutes a nuisance.
4.5 Dumping, throwing, placing or allowing any rubbish, junk, cans, boxes, debris, grass
clippings or other waste materials on any public place in the Town is a nuisance and is
prohibited. Dumping of waste materials in a public area specifically designated by order of the
Town shall not be deemed a violation of this section.
4.6 It is unlawful to burn waste materials within the limits of the Town.
4.7 It is unlawful and constitutes a nuisance for any person to maintain any property or building
or any other structure in the Town in a condition which is in violation of the By-Laws of the
Town.
4.8 Every owner, tenant, occupant, lessee or other person in possession of any
premises or any part thereof within the Town, upon which there is located a well shall abandon
the use of the same and cause the same to be filled with earth or such other material as may be
deemed necessary. Any well on any property within the Town, shall be permanently capped.
4.9 Any activity which takes place in or on any structure shall be deemed a nuisance and
prohibited when such structure is used to promote or display with intent to promote or display
obscene material or obscene performances.
4.10 Standing water that becomes stagnant or provides a breeding place for mosquitos that is
greater than two inches in depth, in any one location, and that exists at least at that depth for
more than 36 hours, for the purposes of this By-Law, be deemed to be stagnant water.
DONE AND PASSED AND ENACTED as a By-Law of the Town of Lac du Bonnet in the
Province of Manitoba this 27th day of September A.D., 2018
_____________________________
Mayor Gordon Peters
_____________________________
CAO, Darcey Wittig
Read a first time this 13th day of September, 2018.
Read a second time this 27th day of September, 2018.
Read a third time this 27th day of September, 2018.