This is the exact embedded text of the captured official document.
Snapshot 76fb3624569f · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the
Municipality of Trent Lakes
By~law No. B2023~055
A By~Law to Prohibit and Regulate Certain Public Nuisances
within the Municipality of Trent Lakes
Whereas the Council of the Municipality of Trent Lakes deems it appropriate to
enact a by~law to prohibit and regulate certain public nuisances within the
Municipality of Trent Lakes pursuant to sections 128 and 129 of the Municipal
Act, 2001, S.0. 2001, c. 25, ("Municipal Act, 2001") as amended;
And Whereas section 10 of the Municipal Act, 2001 provides that a Municaplity
may pass by~laws respecting: economic, social and environmental well~being of
the Municipality; health safety and well~being of persons; and the protection of
persons and property.
And Whereas section 444 of the Municipal Act, 2001 authorizes municipalities to
make orders requiring the person who contravened the by~law or who caused or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity;
And Whereas sections 445 and 446 of the Municipal Act, 2001 authorize
municipalities to issue work orders and in default of a work order being
completed by the person directed or required to do it, the work shall be done by
the Municipality at the person's expense by action or by adding the costs to the
tax roll and collecting them in the same manner as property taxes;
And Whereas section 128 of the Act provides that, without limiting sections 9
and 10, a local municipality may prohibit and regulate with respect to public
nuisances, including matters that, in the opinion of the Council of the
Municipality of Trent Lakes, are or could become, or cause public nuisances;
Now Therefore Be It Resolved that the Council of The Corporation of the
Municipality of Trent Lakes hereby enacts as follows:
Interpretation
1.
Definitions
In this By~law:
1.1.
Act means the Cannabis Act S.C. 2018, c. 16 and its regulations, and if
applicable, any predecessor or successor acts and its respective
regulations, all as amended;
1.2.
By~law means this by~law to prohibit and regulate certain nuisances within
the Municipality of Trent Lakes;
1.3.
Canada Post means Canada Post Corporation established by the Canada
Post Corporation Act, R.S.C., 1985, c. C~10;
1.4.
Cannabis Plant means a plant that belongs to the genus Cannabis and, in
the absence of evidence to the contrary, includes any plant described as
cannabis or by a name that is commonly applied to cannabis;
1.5.
Clearly Audible means sound that can be heard, and in the case where
multiple sounds are heard, the most dominant sound;
1.6.
Cultivate, Cultivated, Cultivating or Cultivation in respect of cannabis,
means to grow, propagate or to harvest cannabis plants and includes the
possession of cannabis plants;
1.7.
Defecate means to discharge excrement from the human body;
1.8.
Fight means any confrontation involving violent physical contact between
two or more people;
1.9.
Graffiti means one or more letters, symbols, figures, images, etchings,
scratches, inscriptions, stains or other markings howsoever made or
affixed to a property that disfigure, deface or otherwise mar said property;
1.10..
Highway includes a common and public highway, street, avenue
parkway, driveway, fire route, square, place, bridge, part of which is
1.16.
1.17.
1.18.
1.19.
1.22.
1.23.
1.24.
intended for use or used, by the general public for the passage of vehicles
or persons, and includes the area between the lateral property lines
thereof, including sidewalks and boulevards;
. _Litter means any cigarettes, paper, cardboard, bottles, glass or other such
material or garbage,;
. Loiter means lingering on the way, to travel indolently with frequent
pauses without any apparent destination;
. Municipality means the Municipality of Trent Lakes;
. Nuisance means anything that is injurious to health, indecent, offensive to
any of the Senses, or results in the loss of enjoyment of normal use of
property;
. Nuisance Party means a social gathering on Premises which, by reason
of the conduct of the Persons in attendance, is annoying, unpleasant,
indecent or offensive to the senses of another person, or otherwise
interferes with the comfortable enjoyment of life and property by another
person and includes but not limited to:
(i)
disorderly conduct;
(ii)
~public drunkenness or public intoxication;
(ii1) the unlawful sale, furnishing, or distribution of alcoholic beverages or
controlled substances or illegal substances;
(iv) the deposit or refuse on public or private property;
(v)
damage to or destruction of public or private property;
(vi) pedestrian traffic, vehicular traffic, or illegal parking that obstructs the
free flow of traffic or could interfere with the ability to provide
emergency services;
(vii) unreasonable noise created by yelling, shouting, hooting, whistling,
singing or other vocal expression or by the use of sound amplification
device that is clearly audible at a Point of Reception;
(viii) unlawful open burning or fireworks;
(ix)
public disturbances, including public brawls or public fights or
violence;
(x)
outdoor public urination or defecation;
(xi)
use or entry upon a roof not intended for such occupancy;
Owner means the registered owner of a property and includes a property
manager, occupant, tenant, or any Person who otherwise has rightful
possession of or possessory control of any premises;
Officer means a Police Officer or a Municipal Law Enforcement Officer
appointed under any federal or provincial statute or regulation or Municipal
by~law or any other person assigned or appointed by Council of the
Municipality to administer or enforce this By~law and includes a person
employed by the Municipality whose duties are to enforce this By~law;
Person means an individual, firm, corporation, association or partnership
and includes an Owner;
Point of Reception means any point on the Premises of a Person where
sound or vibration originating from other than those Premises is clearly
audible to that Person, or any point in a Public Place/Public Space where
sound is clearly Audible to a Person located more than 6 metre from the
source of the sound.
Porta Potty means a portable building containing a toilet;
Premises means any Public Place/Public Space or private property in the
Municipality, including but not limited to County Roads, Municipally
maintained roads, fire routes, parks, parking lots, beaches, fields, yards
appurtenant to a building or dwelling or vacant lands;
Public Place/Public Space includes a Highway, sidewalk, pedestrian
walkway or trail, property and any place to which the public have an
expressed or implied right of access or access as of right or by invitation,
is exposed to public view, whether or not the property is owned by the
person contravening the By~law, but does not include a Washroom
Facility;
Senses means a faculty by which the human body perceives an external
stimulus and includes one or more of the faculties of sight, smell, hearing,
taste and touch;
Spit means to eject phlegm, saliva, chewing tobacco, juice or any other
substance from the mouth;
Urinate means to discharge urine from the human body;
.
Vomit means to eject matter from the stomach through the mouth; and
1.27.
Washroom Facility means a room inside a building that is equipped with
toilet facilities and includes a Porta Potty.
2.
Application
2.1.
2.2.
This By~law applies to all persons, lands and properties in the Municipality
of Trent Lakes.
This By~Law shall not be interpreted as exempting any Person from the
requirement to comply with any other Municipal By~Law. in the event of a
conflict between the provisions of this by~law and any other Municipal by~
law, the provisions which are more protective of the public assets of the
Municipality, the economic, social and environmental well~being of the
Municipality, the health, safety and well~being of persons in the
Municipality, and persons and property in the Municipality, shall apply.
Restrictions
3. Prohibited Activity
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
No Person shall cause, create, permit or participate in a Nuisance in any
Public Place/Public Space or Premises in the Municipality of Trent Lakes.
No person shall Urinate, Defecate, Vomit or Spit in a Public Place/Public
Space or Premises.
No person shall knock over or attempt to knock over a Canada Post
mailbox, Canada Post relay box, newspaper box, recycling container,
garbage container or other similar waste container, or any other structure or
object, located in a Public Place/Public Space. This section shall not apply
to:
(a) Municipal employees or any person under contract to the Municipality
who is acting under the Municipality's Solid Waste Management By~
law;
(b) Municipal employees or any person under contract to the Municipality
while performing work in the normal course of their duties; or
(c) Canada Post employees or any person under contract to Canada Post
while performing work in the normal course of their duties.
No person shall cause, create or permit light from the Cultivation of
cannabis plants to shine upon the land of others so as to be or to cause a
Nuisance to any person or to the public generally.
Every owner or occupier of land shall ensure that no light from the
Cultivation of cannabis plants on his or her land shines upon the land of
others so as to be or to cause a Nuisance to any person or to the public
generally.
Outdoor lighting and indoor lighting from the Cultivation of cannabis plants
that can be seen outdoors shall be operated, placed and maintained, or
have a barrier placed and maintained, so as to prevent or block direct
illumination of the interior of a building on adjoining land or lands regardless
of whether a building has or may have a barrier, shades, drapes or other
interior window coverings.
No person shall cause, create or permit the emission of an odour from the
Cultivation of cannabis plants so as to be or to cause a Nuisance to any
person or to the public generally.
Every owner or occupier of land shall ensure that no emission of an odour
from the Cultivation of cannabis plants on his or her land is or causes a
Nuisance to any person or to the public generally.
No person shall loiter in a Public Place/Public Space or Premises.
3.10. No one person shall participate in a fight in any Public Place/Public Space
or Premises.
3.11.
3.12.
3.13.
3.14.
3.15.
3.16.
3.17.
3.18.
3.19.
3.20.
No person shall mark or apply graffiti on any Public Place/Public Space,
including signs or private property.
No person shall refuse to identify themselves when requested to do so by
a police officer or a municipal by~law enforcement officer.
No person shall interfere with another Person's use and enjoyment of a
Public Space/Public Place by using abusive or insulting language as a
personal invective, directed at either an individual or identifiable group.
No person shall mark or apply, or cause, or permit graffiti to be placed on
any property.
No person shall mark or apply graffiti on any Public Place/Public Space or
Premises.
The Owner shall maintain the Owner's property free of graffiti.
No person shall leave, throw or deposit any bottles, glasses or other
materials on public or private property.
No person shall sponsor, conduct, continue, host, create, attend, allow,
cause or permit a Nuisance Party.
No person, who individually or jointly with others, is an owner,
occupant, tenant or who otherwise has rightful possession of or control of
any premises, shall allow, cause or permit a Nuisance Party on the
premises under their possession or control.
Every person who sponsors, conducts, continues, hosts, creates, allows,
causes or permits a Nuisance Party shall take all reasonable and lawful
actions to end a Nuisance Party.
Enforcement
4. Enforcement
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
The provisions of this By~law may be enforced by an Officer.
If an Officer is satisfied that a contravention of this By~law has occurred,
he or she may make an order requiring the person who contravened the
By~law or who caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred, to discontinue
the contravening activity.
An order under section 4.2 shall set out:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b) the date or dates by which there must be compliance with the order.
If an Officer is satisfied that a contravention of this By~law has occurred,
he or she may make an order requiring the person who contravened the
By~law or who caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred, to do work to
correct the contravention.
An order under section 4.4 shall set out:
(a)reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred;
(b)the work to be completed:
(c)and the date by which the work must be complete.
An order under section 4.4 may require work to be done even though the
facts which constitute the contravention of the By~law were present before
the By~law making them a contravention came into force.
An order made under sections 4.2 or 4.4 may be served personally or by
registered mail to the last known address of:
(a)the person who caused, created or permitted the offence; and
(b)the owner or occupier of the lands where the contravention occurred.
4.8.
Where an owner or occupier of the land on which the contravention
occurred, who has been served with an order and fails to comply with the
order, then an Officer, or any authorized agent on behalf of the
Municipality may enter on the land at any reasonable time and complete
the work required to bring the land into compliance with the provisions of
this By~law as set out in the order.
4.9.
Where the work required to bring the land into compliance with the By~law
has been performed by or for the Municipality, the costs incurred in doing
the work may be collected by action or the costs may be added to the tax
roll for the land and collected in the same manner as taxes.
4.10.
An Officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether any provision of this By~
law or an order made under this By~law is being complied with.
4.11.
For the purposes of conducting an inspection pursuant to this By~law, an
Officer may:
(a) require the production for inspection of documents or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone, or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
4.12.
Where an officer has reasonable grounds to believe that an offence under
this By~Law has been committed by a Person, the Officer may require the
name, address and proof of identity of that Person.
4.13.
No person shall prevent, hinder or obstruct, or attempt to hinder or
obstruct an Officer who is exercising a power or performing a duty under
this By~law.
5. Offence and Penalty
5.1.
Any person or corporation who contravenes any provision of this By~law or
who fails to comply with an order made under this By~law or who obstructs
or attempts to obstruct an Officer in carrying out his or her duties under
this By~law is guilty of an offence and a Penalty Notice will be issued.
6. Continuing Offence
6.1.
Each day or a part of a day that a contravention of this By~law continues is
deemed to be a continuing offence in accordance with section 429 of the
Municipal Act, 2001, as amended.
7. Administrative Penalties
7.1.
An Officer may issue an administrative penalty notice for the applicable
contraventions.
Miscellaneous
8. Severability
8.1.
Where a court of competent jurisdiction declares any provision of this By~
law invalid, or to be of no force or effect, the provision shall be deemed
conclusively to be severable from the By~law and every other provision of
this By~law shall be applied and enforced in accordance with its terms to
the extent possible according to law.
9. Short Title
9.1.
This by~law may be referred to as the "Public Nuisance By~law".
10. Effective Date
10.1
That this By~law shall come into force and take effect on the date of its
final passing.
Read a first, second and third time and passed this 11'" day of July, 2023.
%
TerMmbshead Mayor
U
Jessie Clark, Clerk