Community Standards Bylaw

Number: 
2024-32

TOWN OF OLDS

BYLAW NO. 2024-32

 

BEING A BYLAW OF THE TOWN OF OLDS TO ESTABLISH COMMUNITY STANDARDS

 TO PREVENT AND OR RECTIFY PUBLIC DISTURBANCES AND TO ENSURE A SAFE, HOSPITABLE, AND ATTRACTIVE LIVING ENVIRONMENT THROUGHOUT THE MUNICIPALITY.

 

 

WHEREAS:

 

  1. The Municipal Government Act, RSA 2000 c M-26 authorizes a municipality’s Council to pass bylaws respecting:

 

    1. the safety, health and welfare of people and protection of people and property,

 

    1. people, activities and things in, on or near a public place or place that is open to the public,

 

    1. nuisances, including unsightly property,

 

    1. the enforcement of bylaws made under the Municipal Government Act, RSA 2000 c M-26 or any other enactment, including the creation of offences, providing for inspections to determine if bylaws are being complied with, and remedying contraventions of bylaws.

 

  1. The Safety Codes Act, RSA 2000, c S-1 authorizes a municipality to make bylaws respecting minimum maintenance standards for building and structures, and unsightly or derelict buildings or structures.

 

  1. The Agricultural Pests Act, RSA 2000, c A-8 requires a municipality to take active measures to prevent the establishment, or to control or destroy, pests in the municipality.

 

  1. It is desirable to regulate the conduct and activities of persons on privately owned property, and adjacent areas, to promote the safe, enjoyable and reasonable use of such property for the benefit of all persons within the Town of Olds.

 

  1. It is desirable for regulations which influence neighborhood livability to be located, as much as possible, in one bylaw; notwithstanding, Council has adopted various specific bylaws establishing community living standards.

 

NOW THEREFORE the Council of the Town of Olds in the Province of Alberta, duly assembled, enacts as follows:

 

 

PART 1: BYLAW TITLE

 

  1. This Bylaw may be cited as the Town of Olds “Community Standards Bylaw”.

 

 

 

PART 2: DEFINITIONS

 

  1. In this bylaw, the following terms are defined as follows:

 

  1. “Biological Waste” means any human or animal anatomical, excrement, part, tissue, or other waste, regardless of whether it is solid or liquid, and includes but it not limited to:

 

    1. the carcass, offal, tissue or parts of an animal,

 

    1. animal excrement, feces or manure; or

 

    1. human excrement or feces.

 

  1. "Building Material" means material or debris which may result from the construction, renovation or demolition of any Structure and includes, but is not limited to, wood, gypsum board, roofing, vinyl siding, metal, packaging material and containers of Building Material, gravel, concrete and asphalt and any earth, rocks and vegetation displaced during such construction, renovation, or demolition of any Structure.

 

  1. “Busking” means a person or group who conducts performances on or adjacent to a Highway.

 

  1. “Camp” means to stay in a tent, Vehicle, Recreational Vehicle, other form of temporary shelter, or otherwise, without a temporary form of shelter, between the hours of 10:00pm and 8:00am.

 

  1. “Chief Administrative Officer” or “CAO” means the individual appointed by Council to the position of Chief Administrative Officer under the Municipal Government Act and pursuant to the Chief Administrative Officer Bylaw; or anyone authorized to act on his/her behalf.  

 

  1. “Construction” means the process of building, constructing, repairing, deconstructing or demolishing any Structure, including landscaping, home repair, home renovations, property improvements, any work in connection with those processes, or any other work that is similar in nature to the aforesaid activities.

 

  1. “Council” means the Town of Olds municipal Council. 

 

  1. “Cornerstone” means 6700 46 Street Olds, AB, and includes all properties and units located thereon.

 

  1. "Driveway" means a Vehicle access route used on a Parcel between the access point of a public Roadway that leads to a Garage or accessary parking area.

 

  1. “Dwelling” means any Structure or place including the land upon which the Structure is located, which is occupied or used for Residential Use.

 

  1. “Garage” means an accessory Structure or part of a principal Structure designed or intended to be used for the storage of motor Vehicles.

 

  1. "Garbage" means any household or commercial rubbish Including, but not limited to, boxes, cartons, bottles, cans, containers, packaging, wrapping material, paper, cardboard, food, discarded clothing or fabric and discarded household items.

 

  1. “General Waste” means any material that would be normally discarded as garbage, and includes: debris, plastics ceramic, rags, cast-off clothing, food containers, packaging, wood, ashes, and other decaying and non-decaying materials.

 

  1. “Graffiti” means signs, symbols, writings, or drawings that are painted, drawn, scratched, stained, marked, scratched, etched, or otherwise applied to a surface, including where a sign, symbol, writing or drawing is affixed to a surface through a form of adhesion, without:

 

    1. the express authorization of the Owner of the Land, Structure or Premises, or

 

    1. a permit provided by the Town of Olds for the same.

 

  •  “Good Repair” means a condition where something is free from:
    1. broken, damaged, missing, detached, or fallen parts,
    2. rot or other physical deterioration,
    3. openings which are not secured against trespassers, and
    4. openings which are not secured against the infiltration of air or precipitation.

 

  1. “Highway” means a Highway as defined by the Traffic Safety Act RSA 2000, C T-6 as amended, Including but not limited to thoroughfare, street, road, trail, avenue, parkway, Driveway, viaduct, lane, alley, square, bridge, causeway, trestle way or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of Vehicles and includes;

 

  1. a sidewalk, including a boulevard adjacent to the sidewalk;

 

  1. if a ditch lies adjacent to and parallel with the Roadway, the ditch; and

 

  1. if a Highway right of way is contained between fences or between a fence and one side of the Roadway, all the land between the fences, or all the land between the fence and the edge of the Roadway, as the case may be.

 

  1. “Ice Rink” means a frozen body of water and/or hardened chemicals where people can ice skate or play winter sports.

 

  1. "Landscaped Area" has the meaning ascribed to it in the Land Use Bylaw.

 

  1. “Land Use Bylaw” means the Town of Olds Land Use Bylaw and any amendment to the Land Use Bylaw.

 

  1. “Loiter” means to stand around or move slowly about without apparent purpose or action in a Public Place.

 

  1. “Owner” or “Owners” in respect to a Parcel of land means:

 

  1. a Person who is registered under the Land Titles Act as the Owner of a Parcel of land;

 

  1. a Person who is recorded as the Owner of a Property on the tax assessment roll of the Town;

 

  1. a Person who has purchased or otherwise acquired a Parcel of land, whether he has purchased or otherwise acquired the land directly from the Owner or from another purchaser, and has not yet become the registered Owner thereof;

 

  1. a Person holding himself out as the Person having the powers and authority of Ownership of a Property or Premises or who for the time being exercises the powers and authority of Ownership;

 

  1. a Person residing in or in apparent possession or control of Premises;

 

  1. a Person who is the occupant of a Property or Premises pursuant to a rental or lease agreement, License, or permit; or

 

  1. a Person controlling a Property or Premises under construction.
     
  1. "Panhandling" means the solicitation by a Person of gratuitous donations of money, food, or goods of any kind whether by spoken or printed word, or bodily gesture, but does not include a solicitation allowed or authorized pursuant to the Charitable Fund-raising Act, R.S.A 2000, c.C-9 or any other legislation permitting the solicitation of charitable donations.

 

  1. “Parcel” means the aggregate of the one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office.

 

  1. “Peace Officer” means a Person employed for the purposes of preserving and maintaining the public peace, and includes:

 

  1. a Police Officer under the Police Act;

 

  1. a Peace Officer appointed under the Peace Office Act for the purpose of the Act; and

 

  1. a Bylaw Enforcement Officer or Community Peace Officer authorized to enforce this Bylaw in accordance with their appointment.

 

  1. "Pedestrian Crossing" means a place on a Highway designated for persons to cross the Highway, which may be indicated by a road traffic control device, sign, or markings on the Highway. 

 

  1. “Premises” means any land situated in whole or in part within the Town, including external surfaces of all Structures and land immediately adjacent to any Structures or Structures and includes any land or Structures owned or leased by the Town.

 

  1. “Projectile” means any object projected, thrown, propelled, or otherwise exerted to be set in motion by force.

 

  1. “Property” means any public or private land or Structure located within the Town.

 

  1. “Public Place” means any place within the Town to which the public may have either express or implied access Including, but not limited to, areas such as streets, sidewalks, pathways, trails, and any fixture or sculpture located in such area.

 

  1. "Recreational Vehicle" means a Vehicle or trailer attached thereto, designed or used for travel with temporary living accommodation for vacations or camping purposes.

 

  1. “Residential District” means a district defined as such in the Land Use Bylaw.

 

  1. “Residential Use” means the use of land or Structure for the purpose of a residential development such as a detached Dwelling, duplex, or multiplex as defined in the Land Use Bylaw.

 

  1. “Roadway” means that part of a Highway intended for use by vehicular traffic.

 

  1. “Special Event” means any public or private event, gathering, celebration, festival, competition, contest, exposition, or similar type of activity as defined in the Town of Olds Special Events Bylaw and any amendments to the Special Events Bylaw.

 

  1. “Spit” means to eject phlegm, saliva, chewing tobacco, or any other substance from the mouth.

 

  1. “Stormwater Retention Pond” means an area of land designed to capture and hold stormwater and run off, whether or not the area is dry or wet.

 

  1. “Structure” means any building, extension from a building, Garage, shed, fence, or any other thing erected or placed on, in, over or under land, regardless of if it is movable or fixed to the land.

 

  1. “Town” means the Town of Olds, a municipal corporation of the Province of Alberta, and includes, where the context so requires, the area contained within the boundaries of the Town of Olds. 

 

  1. “Urinate” means to discharge urine from the body.

 

  1. "Vehicle" means a Vehicle as defined by the Traffic Safety Act RSA 2000, C T-6 as amended, and includes any trailer attached to any Vehicle.

 

  • “Violation Tag” means a municipal tag, or similar document, issued by a Peace Officer in relation to an offence under this bylaw that alleges an offence and provides a person with the opportunity to pay an amount to the Town in lieu of prosecution for the offence.

 

  1. “Violation Ticket” means a ticket issued pursuant to Part II and/or Part III of the Provincial Offences Procedures Act, R.S.A. 2000.

 

  1. “Wood Waste” means solid materials, consisting of wood pieces or particles, generated as a by-product or waste from the use of wood, and includes chopped wood, saw dust, and other wood products.

 

  1. “Yard Material” means waste material of an organic nature formed as a result of gardening, horticultural pursuits, or agricultural activities and includes grass, tree and hedge cuttings, waste sod and decomposing plants, leaves and weeds.

 

PART 3: STATEMENT OF WHOM AND TO WHAT THE BYLAW APPLIES

 

  1. This bylaw applies to all persons, lands, properties, and businesses within the Town of Olds.

 

PART 4: REGULATION OF NOISE

 

GENERAL PROHIBITIONS

 

  1. No Person shall make, cause, continue or allow to be made, caused or continued, any noise which is likely to disturb the peace, enjoyment, comfort or convenience of another individual.

 

  1. No Owner of a Premises shall make, cause, continue, or allow to be made, caused, or continued, any noise which emanates from the Premises, and which is likely to disturb the peace, enjoyment, comfort, or convenience of another individual.

 

  1. No Owner of a Vehicle shall permit a Vehicle on a Premises to emit noise which would disturb the peace, enjoyment, comfort, or convenience of another individual, including, but not limited to, noise from excessive engine revving and music or amplification equipment in the Vehicle.

 

  1. In determining if noise is likely to disturb the peace, enjoyment, comfort, or convenience of another individual, under this Bylaw the following criteria may be considered:

 

    1. the type, volume, or duration of the noise

 

    1. the time of day and day of week

 

    1. the nature and use of the surrounding area

 

    1. the sound level in decibels, if measured, and

 

    1. any other relevant factor.

 

  1. A person may be found guilty of a contravention under this Bylaw, whether or not the noise is measured.

 

  1. A person is not guilty of an offence under this Bylaw for permitting or causing noise if:

 

    1. The noise originates from a Special Event under the Town of Olds Special Events Bylaw;

 

    1. The noise originates from the continual operation or carrying on of an industrial activity where the activity is one which is a permitted use or, an approved discretionary use under the Land Use Bylaw;

 

    1. The person has a permit for the noise.

 

  1. In the case of snow removal from commercial or industrial sites located adjacent to Residential Districts and/or areas of Residential Use and where in the reasonable opinion of the Peace Officer it is necessary to ensure the peace and quiet of residents, the Peace Officer may require Noise abatement practices Including one or both of the following:

 

  1. a requirement that snow not be removed between twelve (12) o’clock in the morning and six (6) o’clock in the morning of any day; or

 

  1. a requirement that snow be removed from a site in a sequence which is least disruptive to the peace and quiet of residents.

 

CONSTRUCTION ACTIVITIES

 

  1. An Owner, shall not conduct, cause or permit, any Construction or activity related to Construction on their Property, Parcel, Structure or other lands:

 

    1. between the hours of 10:00pm and 7:00am on any day, or

 

    1. at anytime contrary to a written notice used by the chief administrative officer,

 

unless:  

 

    1. authorized to do so by an exemption by the Chief Administrative Officer; or

 

    1. authorized to do so by a Development Permit, or

 

    1. the activities are occurring within an Industrial District under the Land-Use Bylaw

 

  1. A Person shall not conduct, cause or permit, any Construction or activity related to Construction:

 

    1. between the hours of 10:00pm and 7:00am on any day,

 

    1. at anytime contrary to a written notice used by the chief administrative officer.

 

unless: 

 

    1. authorized to do so by an exemption by the Chief Administrative Officer; or

 

    1. authorized to do so by a Development Permit, or

 

    1. the activities are occurring within an Industrial District under the Land-Use Bylaw.

 

  1. Notwithstanding any other section in this Bylaw, no Person or Owner shall conduct or permit any activities causing noise, which are related to Construction, including the use of mechanical tools, hammering, sawing, that create a sound which may be heard from outside the permitter of the Premises in which the activities related to Construction are taking place, between the hours of 10:00pm to 7:00am, unless:

 

    1. Authorized to do so by the Chief Administrative Officer.

 

    1. Authorized to do so by a Development Permit.

 

    1. The activities are occurring within an Industrial District under the Land-Use Bylaw.

 

 

EXEMPTIONS

 

  1. The prohibitions on noise in Part 4 of this Bylaw does not apply to:

 

    1. emergency Vehicles,

 

    1. the ringing of bells in schools, churches, and religious establishments,

 

    1. the sounding of any alarm or warning to announce a fire or other emergency,

 

    1. contractors carrying out snow removal from commercial or industrial sites which are not adjacent to Residential Districts, or

 

    1. work on a Town Highway, roadway, or public utility, carried out by the owner or operator of the public utility, or its contractors.

 

  1. A Person may make a written application to the Chief Administrative Officer for a noise exemption permit, allowing for noise that would otherwise violate this bylaw, in a form approved by the Chief Administrative Officer.

 

  1. The Chief Administrative Officer may in their sole discretion:

 

    1. issue a noise exemption permit where the Chief Administrative Officer determines that circumstances make it impractical for the applicant to comply with this bylaw,

 

    1. revoke any noise exemption permit where the Chief Administrative Officer determines that the permit holder has not met the terms or conditions of the permit or taken sufficient measures to minimize noise, and

 

    1. impose any conditions on the issuance or the use of a noise exemption permit the Chief Administrative Officer considers appropriate.

 

 

PART 5: PERSONS, PUBLIC BEHAVIOURS & NUISANCES IN PUBLIC PLACES

 

  1. No Person shall cause a Projectile, or other object, to be put in motion on any Premises, Public Place, or Property, where such action could be reasonably expected to cause harm, injury, damage or interference to another Person, Structure, Property or chattel. Notwithstanding, this section does not apply to: 

 

    1. the lawful use of Projectiles authorized by the Town via a permit, or

 

    1. to sporting and recreational events, where the objects or Projectiles are being used for their intended use, and not for any other purpose.

 

  1. A Special Event held in, or on, a Public Place that uses Projectiles requires a Special Event permit or written authorization from the Chief Administrative Officer to allow for the same.

 

  1. No Person shall participate in a fight, or other physical confrontation, whether consensual or not:

 

    1. in a Public Place; or

 

    1. on any Property, if the fight or physical confrontation, can be observed or heard from a Public Place.

 

  1. No Person shall place Graffiti or cause Graffiti to be placed on any Property.

 

  1. No Owner shall cause, allow, or permit Graffiti on their Premises.

 

  1. In the event Graffiti is present at an Owner’s Lands, Premises, Structure or Property:

 

  1. all Graffiti shall be removed, painted over, or otherwise permanently blocked from public view;
     
  2. all Graffiti shall be removed, painted over, or otherwise permanently blocked from the view of a Public Place, within seventy-two (72) hours by the Owner of the Property from the date that:

 

    1. the Owner becomes aware of the Graffiti; or
       
    2. a Bylaw Officer, an employee of the Town, the Chief Administrative Officer, or any other agent for the Town, informs the Owner of the Property about the Graffiti.

 

  1. the Owner shall ensure that all reasonable steps are taken to minimize the duration and visual impact of Graffiti placed on the Property.

 

  1. The seventy-two (72) hour timeline in section 10 of this Bylaw, may be extended, if in the opinion of a Bylaw Officer, the temperature or weather is unsuitable to permit the Owner of the Premises to conduct remediation efforts (the “Extension”). The Extension is only valid and binding if the Town, a Bylaw Officer, the Chief Administrative Officer, or the Town’s agent permit the Extension in writing to the Owner.

 

  1. No Person shall damage, destroy, deface, tamper or otherwise interfere with any Property, which includes defecating or Urinating on a Property.

 

  1. No Person shall Loiter.

 

  1. No Person shall Loiter and thereby obstruct the passage of another Person.

 

  1. No Person shall stand or put his/her feet on the top or surface of any table, bench, planter, sculpture or similar structure in a Public Place.

 

  1. No Person shall, while engaging in Panhandling or Busking, move to obstruct the passage of, walk next to, or follow another person.

 

  1. No Person shall engage in Panhandling or Busking to any person who, at the time, is an occupant of a Vehicle.

 

  1. No Person shall engage in Panhandling or Busking within the Town of Olds corporate limits between 8:00 pm and 8:00 am.

 

  1. No Person shall engage in Panhandling or Busking within ten (10) metres of the following:

 

  1. the entrance to a bank, credit union, trust company or other financial institution where cash, monies or other currency are regularly dealt with via, deposits or withdrawals,

 

  1. an automated teller machine or other device from which cash, monies or other currency can be electronically accessed,

 

  1. the entrance of a private business unless the Owner of the private business or Property in which the private business is situated, has given permission for the same,

 

  1. Cornerstone and Mountain View Plaza, or

 

  1. any Pedestrian Crossing.

 

  1. No Person shall Spit:

 

    1. on any street, sidewalk, pathway, trail, Highway, or in or on any Public Space, or

 

    1. on any other Property, where the spitting is visible from any Public Space,

 

unless a Person is spitting during an organized sporting event.

 

  1. No Person shall Defecate or Urinate:

 

    1. in or on a Public Place, or

 

    1. in or on any other Property, where the act of defecating or urinating is visible from a Public Place.

 

PART 6: CAMPING

 

Camping

 

  1. No Person shall Camp on any Highway, other roadway, or Public Place, unless:

 

    1. A permit has been issued for the same under any applicable Town Bylaw; or

 

    1. A sign authorized by the Town or traffic control device indicates that a place may be used for that purpose.

 

 

PART 7: REGULATION OF PROPERTIES, STREETS, NUISSANCES, AND PARKS

 

Obstructing Sidewalk

 

  1. No person shall place any object on, above or adjacent to a Public Place in a manner that may unreasonably obstruct the passage of another person using or desiring to use that Public Place.

 

Unsightly Premises

 

  1. No Owner of a Premises shall cause, allow or permit the following to accumulate, or be present, on the Premises, in a manner that is visible from the outside of the Premises:

 

  1. Garbage, Building Materials, Wood Waste, Yard Material, Animal Material, Biological Waste, loose litter, or other refuse,

 

  1. any other form of scrap, litter, trash, or waste of any kind,

 

  1. disassembled equipment, appliances, household goods, boxes, tires, vehicle parts, derelict vehicles, whether of any apparent value or not,

 

  1. equipment or machinery not in Good Repair,

 

  1. Household furniture or other household goods, the presence of household furniture and items, Including couches, chairs, and tables,

 

  1. Any tree, shrub, vegetation or Structure that:

 

      1. Interferes or could interfere with any public work or utility,

 

      1. Obstructs any Sidewalk or Highway,

 

      1. Impairs the visibility required for the safe traffic flow at any intersection or roadway adjacent to the Premises, or

 

      1. That reasonably interferes with the use and enjoyment of a neighbouring Premises or Public Place.

 

  1. Any material that creates offensive odours that can be detected outside the Premises.

 

  1. Grass or weeds to grow to a height, or grow in a manner, that would cause the Premises to be in an unsightly condition.

 

  1. An Owner of a Premises shall ensure that all Building Material, Yard Material, landscaping materials, wood or metal, stored on a Premises, are stacked or stored in an orderly manner.

 

  1. An Owner shall ensure that Building Material or Yard Material on their Premises is removed or contained and secured in such a manner that prevents such material from being blown off or scattered from the Property.

 

  1. The provisions of this Bylaw shall not be interpreted to prevent bona fide and permitted commercial, industrial, agricultural, Construction, demolition, renovation, landscaping, clean-up, storage or other related activities from being carried out on, or in relation to a Premises.

 

Grass, Trees, and Weeds

 

  1. An Owner is required to ensure that no Yard Material accumulates, or is otherwise on, a Highway that abuts, adjoins or is adjacent to their Property, Parcel or lands.

 

  1. An Owner is required to restore or remove all trees on their Property that, due to deterioration of condition or for any other reason, are determined, by the Town, to be a safety hazard or a risk to cause property damage.

 

  1. In the event the Town is not aware that a tree(s) is a safety hazard or a risk to cause property damage, then an Owner is still required to remove or restore a tree on their Property, if a reasonable person in the Owner’s circumstances would consider the tree(s) to pose a safety hazard or risk to cause property damage.

 

  1. All parts of a Parcel not covered by Structures, Driveways, parking areas, pedestrian circulation facilities, storage and display areas and not part of a minimum required Landscaped Area under the Land Use Bylaw, shall be seeded to grass, sodded, cultivated as a garden, or landscaped using rock, mulch, or other materials commonly used for landscaping purposes.

 

  1. No Owner or occupant of private Property located at an intersection of Roadways, excluding an intersection with an alley, shall allow any vegetation within the triangular portion of the Property closest to the intersection, measured from the corner of the intersection to a distance of six (6) metres each direction along the edge of the curb or, in the absence of a sidewalk, the edge of the Roadway (as is illustrated in Schedule “B” to this Bylaw) to grow to height greater than one (1) metre or, in the case of trees or shrubs overhanging the said portion of the Property, to a height less than one (1) metre. 

 

  1. Any vegetation overhanging a Highway, sidewalk, boulevard, Roadway, or alley must be more than three (3) metres above the Highway public sidewalk, boulevard, Roadway, or alley.

 

Upkeep of Exterior Structures

 

  1. All Dwellings must display their house number in a manner compliant with the Land Use Bylaw and are not to be obscured by any obstructions.

 

  1. Every Owner of a Premises shall ensure that the following are maintained in Good Repair, any:

 

    1. Structures,

 

    1. fences,

 

    1. awnings, canopys,

 

    1. retaining walls, terraces, patios, exterior stairs, landings, porches, balconies, decks and other hardscaping,

 

    1. foundations and foundation walls,

 

    1. exterior walls and exterior wall components,

 

    1. windows and window casings,

 

    1. roofs and roof components, or

 

    1. door and door frames.

 

  1. If an Owner or Occupant fails to keep a Structure in Good Repair, the Chief Administrative Officer may direct the Owner of the subject Premises to repair, rehabilitate, or replace or remove that portion of the Structure. Failure by the Owner to adhere to the direction of the Chief Administrative Officer shall constitute an offence under this bylaw.

 

Parks

 

  1. All Parks within the Town limits are subject to the following operational hours of 5:00am to 11:00pm.  Anyone within the park area outside of these hours are guilty of an offence under this Bylaw.
     

Stormwater Retention Ponds

 

  1. Stormwater Retention Ponds are not to be used for recreation purposes such as, but not necessarily limited to, swimming, kayaking, and fishing. During winter, and if frozen over, a pond may be used for skating or ice hockey, only if signage authorized by the Town of Olds is posted at or near the Stormwater Retention Pond indicating the same.

 

Ice Rinks

 

  1. No Person shall construct a private Ice Rink on municipal lands, Public Places or any Property otherwise owned, operated, or leased by the Town unless authorized by the CAO.

 

  1. Any Ice Rinks constructed on private Property must:

 

    1. be one (1) metre away from the perimeter of the Property, and

 

    1. not have any lights that are directed at, or otherwise adversely affect, any adjoining, adjacent or nearby Properties.

 

 

PART 8: SNOW REMOVAL AND CLEARING OF SIDEWALKS

 

  1. An Owner of any land that has a Sidewalk, or is adjacent to a Sidewalk, shall remove or caused to be removed any ice or snow from the Sidewalk and roadway portion of the said crossing (if applicable) within forty-eight hours after the ice or snow was formed or deposited.

 

  1. Whenever snow or ice is deposited or formed on a Sidewalk adjacent to a parcel of land that is the subject of a condominium plan, the condominium corporation associated with the parcel of land shall remove, or cause to be removed, the snow or ice from the Sidewalk within forty-eight hours after the ice or snow was formed or deposited.

 

  1. In the event that the Owner or Occupant of land adjacent to a Sidewalk or a condominium corporation associated with land adjacent to a Sidewalk fails or neglects to remove and clear away all snow or ice from a Sidewalk within forty-eight hours, the Chief Administrative Officer may cause the snow or ice to be removed from such Sidewalk, with all costs and expenses charged to the Owner, Occupant, or condominium corporation responsible for the removal of the snow or ice, and any unpaid costs or expenses shall be added to the tax roll for the land to be recovered in the same manner as other taxes pursuant to the provisions of the Municipal Government Act.

 

  1. Any Owner of Land or person who has an awning, canopy, marquee, roof drainage controlled by eaves troughing, or other Structure extending from a portion of their Premises over a Sidewalk or other portion of a roadway shall keep the said awning, canopy, marquee, eaves troughing, or other Structure free from snow or ice so that it will not drip or fall upon the Sidewalk or roadway below.

 

  1. No Person operating a business Premises, to which entry or exit for vehicles is made by a crossing located between the curb and the private property line, shall allow mud, water, slush, ice, or icy frozen snow to remain on the public Sidewalk or roadway portion of the said crossing.

 

  1. A Person shall not deposit snow and ice:

 

    1. On any Highway, public street, road, or any Public Place, unless expressly permitted by the Chief Administrative Officer.

 

    1. On the entranceway of any firehall, ambulance station, emergency vehicle lane, fire lane, or in any other manner that interfered with the operation of, or access to, emergency vehicles.

 

    • On any Property without the Owner’s express permission.

 

    1. In a manner that impedes overland drainage including storm sewer grates.

 

PART 9: OFFENCES AND ENFORCEMENT

  1. Any Person who contravenes any provision of this bylaw is guilty of an offence and upon conviction shall be liable for a minimum penalty in accordance with Schedule A of this bylaw, and not exceeding $10,000, but not less than $50.

 

  1. Any Person who contravenes any provision of this bylaw for which a penalty is not set out in Schedule A of this bylaw is liable to a minimum penalty of $250 for the first offence, $500 for the second offence and $750 for third and subsequent offences.

 

  1. In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a Person guilty of such an offence is liable to a fine in an amount not less than that established by this bylaw.

 

  1. A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any person who a Peace Officer has reasonable and probable grounds to believe has contravened any provision of this bylaw. Notwithstanding, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to the Provincial Offences Procedure Act, as amended, to any person who a Peace Officer has reasonable grounds to believe has contravened any provision of this bylaw.

 

  1. A Violation Tag may be issued to such person a) either personally, or b) by mailing a copy to such Person at their last known or registered address.

 

  1. The Person to whom a Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified on the Violation Tag.

 

  1. If the penalty specified on a Violation Tag has not been paid within the prescribed time, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act

 

PART 10: ENACTMENT, SCHEDULES, SEVERABILITY

  1. If any provision of these bylaws shall be held invalid or unenforceable, the invalidity or unenforceability shall attach only to that provision and shall not in any manner affect or render invalid or unenforceable any other provision, and these bylaws shall be interpreted and enforced as if the invalid or unenforceable provision were not contained herein.
  2. This Bylaw comes into force and effect on the date it is passed.
  3. Schedule “A” and “B” form part of this Bylaw.
  4. The Following Bylaws and all amendments thereto are hereby repealed:
    1. Bylaw No. 2023-06 Community Standards Bylaw
    2. Bylaw No. 2024-08 CSB 2023-06 Amendment
    3. Bylaw No. 2024-16 Panhandling
    4. Bylaw No. 2024-22 CSB 2023-06 Amendment

 

EFFECTIVE DATE

This Bylaw shall come into effect at such time as it has received third reading and has been signed in accordance with the Municipal Government Act RSA 2000 C M-26, as amended from time to time.

 

READINGS

Read for the first time on the 23rd day of September 2024.

 

Read a second time on the 15th day of October 2024.

 

Read a third and final time on the 15th day of October 2024.

 

 

SIGNATURE LINE

 

 

 

________________________________                                ___________________________________

Judy Dahl,                                                                   Brent Williams,

Mayor                                                                          Chief Administrative Officer

 

 

SIGNED by the Chief Elected Official and the Chief Administrative Officer this 18th day of October 2024.

 

 

 

Schedule “A” – Fines and Penalties

 

Unless otherwise noted all offences of the Community Standards Bylaw have the following specified penalties.

 

 

Penalty in lieu of Prosecution (PLP)

1st Offence

2nd Offence

3rd Offence

$125

$250

$500

$750

 

 

SPECIFIED MINIMUM PENALTIES ARE AS FOLLOWS:

 

Section

PLP

1st Offence

2ndOffence

3rd Offence

4

$250

$500

$1000

$1500

5

$250

$500

$1000

$1500

6

$250

$500

$1000

$1500

17

$250

$500

$1000

$1500

19

$250

$500

$1000

$1500

20

21

24

28

29

30

31

33

 

$250

$75

$250

$250

$250

$250

$250

$250

 

 

$500

$100

$500

$500

$500

$500

$500

$500

 

 

 

 

$1000

$200

$1000

$1000

$1000

$1000

$1000

$1000

 

 

 

 

$1500

$300

$1500

$1500

$1500

$1500

$1500

$1500

 

 

 

 

 

 

 

 

 

 

SCHEDULE ‘B’