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HomeMy WebLinkAbout2074-24 Community StandardsCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 2074-24 BEING A BYLAW OF THE COUNTY OF NEWELL, IN THE PROVINCE OF ALBERTA, TO REGULATE AND ABATE PUBLiC NUISANCES AND UNSIGHTLY PROPERTY. WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000 c. M-26 permits the Council to pass bylaws respecting nuisances, including unsightly property; the safety, health and welfare of people; and the protection of people and property; and WHEREAS the Council deems it necessary to provide for an efficient means of regulating and encouraging the abatement of the control of litter, unsightly premises, nuisance noise, public behaviours and the use of Cannabis within the County of Newell. WHEREAS the Council recognises that the County of Newell is large and diverse, and includes areas where residential, commercial, agricultural and industrial uses of land and buildings are permitted. WHEREAS the Council recognises through the County of Newell's `Responding to Concerns & Complaints' Policy, all of nuisances that exist in public places or unsightly property concerns must be submitted in writing or via other formal means. The County will only investigate, and if required, take action on complaints if the complaints are submitted in the required manner. NOW THEREFORE, the Council for the County of Newell, in the Province of Alberta, duly assembled, hereby enacts as follows: 1. TITLE: (1) This Bylaw may be cited as "the Community Standards Bylaw". 2. DEFINITIONS: (1) In this Bylaw: (a) "Agriculture Activities" means the same as Agriculture (General), Agriculture (Intensive) and Agriculture (Processing) as defined in the County of Newell Land Use Bylaw. (b) "Building Material" means all construction and demolition material accumulated on a premises while constructing, altering, repairing or demolishing any structure and includes, but is not limited to, earth, vegetation or rock displaced during such construction, alteration or repair. (c) "Bullying" means to engage in verbal or physical abuse, threats, taunts, teasing name calling or repeated abusive communication, in person or by any other means of written or electronic communication which includes but is not limited to video, text, photo and/or social media, which causes or is likely to cause physical or emotional distress. Bylaw No. 2074-24 Page 2 (d) "Cannabis" has the same meaning as defined in the Gaming Liquor and Cannabis Act, and amendments thereto. (e) "Chief Administrative Officer (CAO)" means a person appointed to that position by the County of Newell Council as per the Municipal Government Act, and amendments thereto, or their designate; (fl "Council" shall mean the Council of the County of Newell; (g) "County" shall mean the County of Newell; (h) "Court" means a Court of Justice in the Province of Alberta; (i) "Delegation by Designated Officer" means a designated officer may delegate any of the officer's powers, duties or functions under this or any other enactment or bylaw to a Peace Officer employed by the County; (j) "Dwelling" means a structure used as a residence containing one or more dwelling units, including a house, multi-family dwelling, apartment building, hospital, lodging house, hotel, motel, mobile home, tent, trailer, motor home, camper or recreational vehicle of any type; (k) "Electronic Smoking Device" means any electronic device that can be used to deliver a vapor, emission or aerosol to the person inhaling from the device, including but not limited to an electronic cigarette, cigar, cigarillo or pipe; (I) "Hamlets" means an unincorporated Urban Area as defined in the County Municipal Development Plan. (m) "Highway" has the same meaning as in the Traffic Safety Act, and amendments thereto. (n) "Holiday" means any statutory holiday as defined in the Interpretation Act, and amendments thereto. (o) "Garbage" means material composed of organic matter, which is or may become decomposed, including the by-products from the preparation, consumption or storage of food; (p) "Landfill Facility" means an approved and constructed solid waste landfill site that has been developed for the purpose of disposing of solid waste and has been issued a license and/or permit required to operate by local or provincial authorities. (q) "Motor Vehicle" has the same meaning as in the Traffic Safety Act, and amendments thereto. (r) "Municipal Government Act (MGA)" means the Municipal Government Act, and amendments thereto. Bylaw No. 2074-24 Page 3 (s) "Nighttime" means the period: Beginning at 10:00 p.m. and ending at 7:00 a.m. on the following day, on a weekday; or, ii. Beginning at 10:00 p.m, and ending at 9:00 a.m. on the following day, on a weekend or holiday. (t) "Occupier/Owner" of a property or premises means: a person who is registered under Land Titles of a property as the owner of the land; or ii. a person who is recorded as the owner of the property on the tax assessment roll of the County; or iii. a person who has purchased or otherwise acquired the 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; or iv. a person holding himself out as the person having the powers and authority of ownership of the property or Premises or who for the time being exercises the powers and authority of ownership; or v. a person controlling the property or Premises under construction; or vi. a person who is the occupant of the property of Premises pursuant to a lease agreement, license or permit; or vii. a person who owns a motor vehicle. (u) "Peace Officer" means: A Community Peace Officer as appointed by the Public Safety and Emergency Services Peace Officer Program; or ii. A Bylaw Enforcement Officer as appointed by Council to enforce bylaws of the County; or iii. A member of the Police Service which has jurisdiction in the County. (v) "Person" means an individual or any business entity including a firm, partnership, association, corporation, company, or society; (w) "Premises" or "Property" means the external surfaces of all buildings and the whole or part of any land, including land immediately adjacent to any building or buildings, situated in whole or in part within the County and includes any land or buildings owned or leased by the County; Bylaw No. 2074-24 Page 4 (x) "Provinciai Offences Procedure Act" means the Provincial Offences Procedure Act, and any amendments thereto; (y) "Public Place" means a premises that a member of the public has direct or indirect access and includes private property to which a member of the public has direct or indirect authorization to access. (z) "Smoke" or "Smoking" means: Inhaling or exhaling the smoke produced by burning cannabis; or, ii. Holding, or otherwise have control, of any device or thing containing lit cannabis. (aa) "Solid Waste Transfer Facility" shall mean a site managed by Newell Regional Solid Waste Management Authority for the purpose of receiving solid waste for temporary storage and transporting the waste received to a licensed landfill facility. (bb) "Unsightly Premises" means any property or part of it which is characterized by visual evidence of a lack of general maintenance and upkeep by the excessive accumulation on the premises of: any rubbish, refuse, garbage, papers, packages, containers, bottles, cans, manure, human excrement, sewage, the whole or a part of an animal carcass, dirt, soil, gravel, rocks, sod, petroleum products, hazardous materials, disassembled equipment or machinery, broken household chattels or goods, boxes, cartons, discarded fabrics, and the like; ii. the whole or any part of any vehicle or vehicles which are inoperative by reason of disrepair, removed parts or missing equipment; iii. equipment or machinery which has been rendered inoperative by reason of disassembly, age or mechanical condition, including household appliances; iv. animal material, ashes, building material, garbage, and yard material as defined in this Bylaw; v. any other form of scrap, litter, trash, or waste of any kind; or vi. Weeds or grass that reaches such a height as to be unsightly, considering the height of grass or weeds on adjacent or surrounding properties. (cc) "Vape" or "Vaping" means: Inhaling or exhaling the vapor, emissions or aerosol produced by and electronic smoking device or similar device containing cannabis; or, ii. Holding or otherwise having control of an electronic smoking device that is producing vapor, emissions or aerosol from cannabis; Bylaw No. 2074-24 Page 5 (dd) "Violation Tag" mans a notice or tag in a form as approved by the CAO, issued by the Couty allowing a voluntary payment option in lieu of prosecution. (ee) "Violation Ticket" means a ticket issued pursuant to the Provincial Offences Procedures Act, as amended and any regulations thereto. (f� "Weekday" means Monday through Friday, inclusive unless it falls on a Holiday; (gg) "Weekend" means Saturday and Sunday. (hh) "Waste" means any solid or liquid material or product or combination thereof, including, but not limited to: Rubbish, refuse, garbage, paper, packaging, containers, bottles, cans, manure, human or animal excrement, sewage, or the whole or a part of an animal carcass; or, The whole or part of any article, raw or processed material, vehicle or other machinery that is disposed of; and iii. Any other thing that is designated as waste in the regulations to the Environmental Protection and Enhancement Act, and amendments thereto. (ii) "Yard Material/Waste" 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, and decomposing plants, leaves and weeds; 3. UNSIGHTLY PROPERTY GENERAL PROHIBITION (1) No Occupier/Owner of a Premises shall cause, allow or permit the Premises to become or to continue to be an "Unsightly Premises" as defined in this Bylaw. (2) Whether or not a particular Premises is "characterized by visual evidence or a lack of general maintenance" as a result of the "excessive accumulation" of the materials listed in Section 2(1)(bb) of this Bylaw are questions of fact to be determined by a Court hearing a prosecution pursuant to the provisions of this Bylaw. (3) When making the determination as to whether a particular Premises constitutes an "Unsightly Premises" the Court's consideration shall include any admissible evidence as to: (a) the general condition and state of tidiness of the neighboring or surrounding Premises; and, (b) the location and permitted use of the Premises; and, (c) the period of time the Premises is undergoing construction or renovation, and the period of time that such activity has been ongoing; and, (d) any other circumstances or factors relating to the Premises which the Court deems are relevant to the said determination. Bylaw No. 2074-24 Page 6 4. UNSIGHTLY PROPERTY EXEMPTIONS & EXCEPTIONS (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. (2) The Owner of a Premises that carries on or permits the carrying on of any activities referred to in Section 4(1) of this Bylaw shall ensure that all reasonable steps are taken to minimize the duration and visual impact of any resulting untidiness or unsightliness. (3) Whether or not an Owner has taken all reasonable steps to minimize the duration and visual impact of any resulting untidiness or unsightliness of a Premises, as referred to in Section 4(2) of this Bylaw, is a question of fact to be determined by the Court hearing a prosecution of an offence pursuant to the provisions of this Bylaw. 5. LITTER (1) No person operating a Licensed Landfill Facility, or a Solid Waste Transfer Facility shall dispose of Waste, or allow Waste to escape by any means, to any other lands, without permission of the owner of those other lands. (a) A person found to be in contravention of Section 5(1) may be served with an Order to Remedy the contravention. (b) A person served with an Order to Remedy shall comply with all conditions in the order to remedy the contravention within forty-eight (48) hours from the time it was served. 6. NOISE CONTROL (1) In determining what constitutes noise that disturbs or is likely to disturb the peace of another Person, the following criteria may be considered: (a) type, volume, and duration of the noise; (b) time of day and day of week; (c) maturity and/or use of the surrounding area; (d) any other relevant factor. (2) Noise Control Permitted Hours (a) With the exception of the activities referred to in Section 6(1), no person shall use, operate, or allow to be used or operated, any tools, machinery or equipment so as to create a noise or disturbance which may be heard in a residential building in the Nighttime. Bylaw No. 2074-24 Page 7 (3) Prohibitions (a) No Person shall: cause or permit any noise that disturbs or is likely to disturb the peace of any other Person; or ii. cause or permit property they own, occupy, or have control of to be used so that noise from the property disturbs or is likely to disturb the peace of any other Person. (4) Noise Control Motor Vehicle (a) No person shall allow noise to emanate from a Motor Vehicle that disturbs or is likely to disturb the peace of any other Person. (b) If a Motor Vehicle is the cause of any noise that contravenes a provision of this Bylaw, the owner of that Motor Vehicle is liable for the contravention. (c) Section 6(4) does not apply if the Owner, on a balance of probabilities, satisfies the Court that, at the time the Motor Vehicle was involved in the contravention, the Owner was not present in the Motor Vehicle and no other person was operating the Motor Vehicle with the owner's expressed or implied consent. A person may be found guilty of being in contravention of Section 6(3) and 6(4) whether the noise is measured by a sound level device or not. 7. NOISE CONTROL EXCEPTIONS (1) These provisions do not apply to: (a) emergency vehicles; or (b) work carried on by the County, or by a contractor carrying out instructions of the County, providing it is work of an emergent nature or circumstance; or (c) County sanctioned events; or (d) Utility workers provided the work is emergent in nature or circumstance in a residential neighbourhood. (2) Nothing in this Bylaw shall prevent the continual operation or carrying on of an industrial, construction or agricultural activity where the activity is one of which: (a) is a permitted use; or (b) is an approved discretionary use; or (c) is a non-conforming use as defined in the Municipal Government Act, but not illegal. Bylaw No. 2074-24 Page 8 (3) In the operation or carrying on of an industrial, construction or agricultural activity, the person operating or carrying on that activity shall make no more noise than is necessary in the normal method of performing or carrying on that activity. 8. PUBLIC BEHAVIOUR (1) Public Places (a) No person shall use blasphemous, abusive or grossly insulting language, or sing or shout in a boisterous manner as to create a disturbance in any public place. (b) No person shall urinate or defecate in a public place other than in a washroom designated for use by the public. (2) Fighting, Loitering, Assembly of Persons (a) No person shall participate in a fight or other similar physical confrontation in any Public Place. (b) No person shall be a member of an assembly of three or more persons in any public place where a Peace Officer has reasonable probable grounds to believe the assembly will disturb the peace of the neighborhood, and any such persons shall disperse as directed by a Peace Officer. (c) No person shall loiter and thereby obstruct or create a nuisance with any other Person in any Public Place. (3) Projectiles (a) No person shall cast, project or throw any stones or balls of snow or ice or other missiles or objects in any manner in a Public Place, which may be dangerous to any person. (b) No person shall use any bow or arrow, catapult, firearm or imitation thereof or other such device in a Public Place. (4) Bullying (a) No Person shall commit the act of Bullying against any Person in any Public Place or public Property or any other place. (b) No Person shall encourage any Person to commit the act of Bullying to any other Person in any Public Place of Public Property or any other place. 9. CANNABIS CONSUMPTION (1) Cannabis Prohibition (a) No person shall Smoke, Vape, or consume Cannabis in any Public Place within the County. Bylaw No. 2074-24 Page 9 (2) Cannabis Exemption for Medical Cannabis: (a) Any person who is authorized to possess Cannabis as per a medical document issued pursuant to the Access to Cannabis for Medical Purposes Regulation and amendments thereto, must on demand of a Peace Officer, produce a copy of such persons' medical document. 10. INSPECTION (1) A Peace Officer may inspect Property in accordance with Section 542 of the MGA for the purpose of determining whether: (a) Property is Unsightly pursuant to this Bylaw or because its unsightly condition is detrimental to the surrounding area in accordance with Section 546 of MGA; or (b) there has been compliance with an Order to Remedy issued under this Bylaw; or (c) there has been compliance with an Order to Remedy issued in accordance with subsection 545 and 546 of the MGA; or (d) to determine if there are any other contraventions of this Bylaw occurring. (2) Notwithstanding Section 9(1) the County may apply to the Court of King's Bench to authorize inspection and enforcement in accordance with Section 543 of the MGA if a Person refused to allow or interferes with entry for inspection. 11. ORDER (1) If, in the opinion of a Peace Officer, Property is detrimental to the surrounding area because of its unsightly condition or there is a contravention of this Bylaw occurring on the Property, the Peace Officer may issue a written Order to Remedy in accordance with subsection 545 or 546 of the MGA. The order shall require the Owner or Occupant of the Property to improve the appearance of the Property in the manner specified within a period within the times specified by section 545 and 546 of the MGA. If, in the opinion of the Peace Officer, more time is required to remedy the condition of the property the Peace Officer may allow more than seven (7) days in the case of a 546 Order and more than fourteen (14) days in the case of a 545 Order. 12. REMEDY UNSIGHTLY CONDITION OF PROPERTY (1) If an Order to Remedy has been issued under this Bylaw and not complied with within the time period set out in that Order, the County may take whatever actions or measures are necessary to: (a) deal with the Unsightly condition of the Property, in accordance with Section 545 and 546 of the MGA; or (b) resolve any other contravention of this Bylaw; or Bylaw No. 2074-24 Page 10 (c) collect any unpaid costs or expenses incurred by the County in accordance with the MGA. (2) The costs and expenses of the actions or measures taken by the County are charged in addition to any penalty imposed under this Bylaw. 13. REVIEW OF ORDERS (1) A Person who received an Order may, by written notice, within seven (7) days in the case of a 546 Order and within fourteen (14) days in the case of a 545 Order, after the Order is received, request the Council to review the Order in accordance with subsection 547(1) of the MGA. (2) After reviewing the Order, Council may confirm, vary, substitute or cancel the Order in accordance with subsection 547(2) of the MGA. 14. APPEAL TO THE COURT (1) A person affected by the decision of the Council under Section 12 of this Bylaw may appeal to the Court of King's Bench in accordance with Section 548 of the MGA. 15. OFFENCES AND PENALTIES (1) Any Person who contravenes any provision of this Bylaw is guilty of an offence and shall be liable to the specified penalties set out in Schedule "A" of this Bylaw, as amended by resolution of Council from time-to-time. (2) A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any Person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw. (3) A Violation Tag may be issued to such Person: (a) personally; or (b) by mailing a copy to such Person at the last known post office address of that Person; or (c) if being issued to a corporation by serving the Violation Tag personally upon the manager, secretary, receptionist or other officer or Person apparently in charge at any premises of the corporation, or by mailing a copy to such corporation by registered mail. (4) The Violation Tag shall state: (a) the name of the Person; (b) the municipal or legal description of the land on or near where the offence took place; (c) the offence; Bylaw No. 2074-24 Page 11 (d) the penalty for the offence as set out in Schedule "A" of this Bylaw; (e) that the penalty shall be paid within fourteen (14) days of the issuance of the Violation Tag; and; (fl any other information as may be required by the CAO or by the provisions of the MGA. (5) Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by a Peace Officer provided, however, that no more than one Violation Tag shall be issued for each day that the contravention continues. (6) Where the Violation Tag is issued pursuant to this Bylaw, the Person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the County the penalty specified on the Violation Tag. (7) Notwithstanding any provision of this Bylaw, a Peace Officer is hereby authorized and empowered without having first issued a Violation Tag and at the Peace Officer's discretion, to issue a Violation Ticket pursuant to the Provincial Offences Procedure Act, to any Person who the Peace Officer has reasonable and probable ground to believe has contravened any provision of this Bylaw. (8) A Violation Ticket issued pursuant to this Bylaw shall be issued in the form and manner specified by the Provincial Offences Procedure Act, and any regulations made thereunder. 16. OBSTRUCTION (1) No Person shall obstruct or hinder any Peace Officer in the execution of their duties pursuant to the provisions of this Bylaw, or any Person acting in aid of such a Peace Officer. 17. SEVERABILITY (1) It is the intention of Council that each separate provision of this Bylaw shall be deemed independent of all other provisions herein and it is the further intention of any provision of this Bylaw is declared invalid, all other provisions hereof shall remain valid and enforceable. 18. EFFECTIVE DATE (1) This Bylaw comes into force and takes effect on the date of the final passing and Bylaws 1869-16, 1930-18 and 1976-20 are hereby rescinded. April 11, 2024 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2074-24 receive FIRST reading. MOTION CARRIED April 11, 2024 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2074-24 receive SECOND reading. MOTION CARRIED Bylaw No. 2074-24 Page 12 April 11, 2024 MOVED BY COUNCiLLOR ELLEN UNRUH that consent be given for Bylaw 2074-24 to receive third reading this 11th day of April, 2024. MOTION CARRIED UNANIMOUSLY April 11, 2024 MOVED BY COUNCILLOR HOLLY JOHNSON that Bylaw 2074-24 receive THIRD and FINAL reading. MOTION CARRIED ������ Reeve Chief ,�dministrative Officer Bylaw No. 2074-24 Page 13 SCHEDULE "A" BYLAW NO. 2074-24 Contravention Violation Tag Violation Ticket Specified Specified Penalt Penalt 8(2)(a) Fight in Public Place $150.00 $500.00 8(2)(b) Unlawful Assembly $150.00 $500.00 8(2)(c) Obstruct or Cause Nuisance in Public Place $150.00 $500.00 8(4)(a) Bullying $150.00 $500.00 8(4)(b) Incite Bullying $150.00 $500.00 15(1) Contravene Community Standards Bylaw $250.00 $1000.00 16(1) Obstruct Peace Officer $500.00 $1500.00 For second and subsequent offences of the same section of the bylaw by the same person within a twenty-four (24) month period the specified penalty for the offence shall be double the last specified penalty issued to that person.