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Home My WebLink About1736-11 Enforcement of Bylaws - Community Peace Officer COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 1736 -11 The Council of the County of Newell enacts as follows: 1. Purpose 1.1 The purpose of this Bylaw is to establish the position of the Bylaw Enforcement Officer and to assign powers and duties to the Bylaw Enforcement Officer. 2. Definitions 2.1 "Assistant Administrator" means the Assistant Administrator for the Municipality and whatever subsequent title that may be conferred on that officer by Council or Statute. 2.2 "Bylaw" means Bylaw of the County of Newell. 2.3 "Bylaw Enforcement Officer" means the Bylaw Enforcement Officer of the Municipality and whatever subsequent title that may be conferred on that officer by Council or Statute. 2.4 "Chief Administrative Officer" means the Chief Administrative Officer for the Municipality and whatever subsequent title that may be conferred on that officer by Council or Statute. 2.5 "Council" shall mean the Council of the County of Newell. 2.6 "Superintendent of Public Works" means the Superintendent of Public Works for the Municipality and whatever subsequent title that may be conferred on that officer by Council or Statute. 3. Bylaw Enforcement Officer 3.1 Council hereby establishes the position of Bylaw Enforcement Officer and the individual appointed to that position will have the title "Bylaw Enforcement Officer" or, if appointed by Solicitor General's office as a Community Peace Officer. 3.2 Council will, by resolution, appoint an individual to the position of Bylaw Enforcement Officer and establish the terms and conditions of the Bylaw Bylaw No. 1736 -11 Page 2 Enforcement Officer's employment. 3.3 In addition to the powers, duties and functions given to the Bylaw Enforcement Officer under the Municipal Government Act, or any other Act, the Bylaw Enforcement Officer's duties and procedures will include the following: a) The main focus of the Community Peace Officer is the protection of infrastructure, especially through the enforcement of axle weight and over- all vehicle weight infractions within the County of Newell. b) While performing the duties pertaining to Sub - Clause a), attention must also be given to ensuring the safety of the public in the County of Newell through the enforcement of violations relating to speeding, running of stop /yield signs, vehicle safety compliance and the illegal possession of alcohol. c) Environmental monitoring shall include enforcing the litter provisions of the Environmental Protection and Enhancement Act plus the provisions of Bylaw #1206 -97 dealing with the monitoring and enforcement of littering at landfill sites and transfer stations. Monitoring and enforcement of Bylaw #1206 -97 shall be done by scheduling routine checks at all County controlled landfill sites. d) In addition to the above, infrastructure protection, public safety and environmental monitoring are to be facilitated by the enforcement of the following Provincial Statutes and all County of Newell Bylaws, some of which are listed below: - Environmental Protection and Enhancement Act, Part 9, Division 2 - The Gaming and Liquor Act, sections 83,84,87,89,107,108, and section 115 subject to section 53 of the Police Act - The Traffic Safety Act - The Petty Trespass Act - Gaming and Liquor Regulations, section 87.1 - The Provincial Offences Procedure Act - Breach of Bylaws — Penalties Bylaw - Development Along Public Roads, Prohibition of - Fire Bylaw - Guns & Firearms — Prohibition of Discharge in Specified Areas Bylaw - Land Use Bylaw - Litter Bylaw - Noise Bylaw — Hamlet of Patricia - Off - Highway Vehicles Operating within Road Allowances Bylaw - Speed Limits Bylaw - Water Trucks Parked on County Roads While Loading Bylaw Bylaw No. 1736 -11 Page 3 Plus any amendments to the existing Acts, Bylaws and Policies or addition of Acts, Bylaws and Policies as determined by the County of Newell from time to time. e) The Community Peace Officer will play a major role in the Disaster Services Program. f) The Community Peace Officer shall attend accidents, when possible or required, on County roads and prepare and submit reports of these accidents to the Administrator or Assistant Administrator. g) The Community Peace Officer is responsible for the following miscellaneous duties: - Inspecting roads and obtaining bonds for the use of roads, when required - Delivery of Planning Orders issued pursuant to the planning provisions of the Municipal Government Act - Receiving and recording overload permit moves issued by Motor Transport Services and approve routes or assign alternate routes, if required h) The Community Peace Officer is responsible for any other duties that may be assigned from time to time. i) The Community Peace Officer is to maintain all required records and documentation and follow acceptable procedures while carrying out duties. j) When necessary, the Community Peace Officer will assist the Crown Prosecutor in prosecutions in the Provincial Court. k) The Community Peace Officer will abide by the County of Newell's Code of Conduct for Community Peace Officers. I) The Community Peace Officer will focus on all roads within the jurisdiction of the County of Newell. m) The Community Peace Officer shall not engage in high speed chases. n) The Community Peace Officer shall not use a County vehicle outside the limits of the County of Newell, with the exception of the Municipalities within the County of Newell, unless continuing a non -high speed pursuit of a vehicle that committed a violation while in the County of Newell or unless in the execution of his duties as the Community Peace Officer as required or unless as otherwise authorized by the County of Newell. Bylaw No. 1736 -11 Page 4 o) The Community Peace Officer shall submit a monthly written report to Council. The monthly report is to include the number of miles placed on the Special Constable's vehicle since the last report, statistics related to each item listed under job duties since the last report, and a general section outlining any concerns or requests. 4. Handling Public Complaints 4.1 Receipt of Complaint a) Complaints or other information about inappropriate conduct of a Bylaw Enforcement Officer shall be directed to: Chief Administrative Officer County of Newell No. 4 Box 130 Brooks, AB T1 R 1B2 Phone No. (403) 362 -3266 All complaints must be accepted and dealt with according to the established policy as set out in this Bylaw. Complaints should be in writing. Complaints received verbally shall be recorded in writing. b) The complaint shall immediately be forwarded to the Chief Administrative Officer. c) The Chief Administrative Officer shall acknowledge receipt of the complaint, in writing, to the person making the complaint, to the Bylaw Enforcement Officer against whom the complaint was made and to County Council. 4.2 Investigation a) The Chief Administrative Officer shall investigate the complaint or have it investigated. b) If the Chief Administrative Officer is satisfied that a misconduct has been committed he /she will take corrective disciplinary action. c) The Chief Administrative Officer may resolve minor complaints informally, with a solution that is satisfactory to all parties. Bylaw No. 1736 -11 Page 5 4.3 Disciplinary Action a) The Chief Administrative Officer shall present the allegations that were made and the findings of the investigation to the Bylaw Enforcement Officer. b) The Bylaw Enforcement Officer shall be given an opportunity to make a full response to the allegations and supporting evidence. c) The Chief Administrative Officer shall hear the explanation of the Bylaw Enforcement Officer and any other information that is relevant to determine the facts. He /she shall determine if the complaint is unfounded or unsubstantiated or that the Bylaw Enforcement Officer has committed a misconduct. d) If the Chief Administrative Officer finds the Bylaw Enforcement Officer has committed a misconduct, he /she may take one of the following disciplinary actions: i) warn the Bylaw Enforcement Officer; ii) reprimand the Bylaw Enforcement Officer; iii) suspend the Bylaw Enforcement Officer, without pay, for a period not exceeding 48 hours (period of time ie. hours /days etc.); iv) recommend to County Council, that the Bylaw Enforcement Officer be dismissed. 4.4 Notification and Appeal a) The Chief Administrative Officer shall notify the complainant, the Bylaw Enforcement Officer and County Council, in writing, of the results of the investigation, the action taken and the right to appeal the decision. The complainant shall be notified that Council is authorized to hear an appeal, and that the appeal must be filed, in writing, within thirty (30) days of receiving the decision. b) After reviewing the information, Council may dismiss the appeal or allow the appeal. If the appeal is allowed, Council may impose discipline as outlined in Paragraph 4.3(d) or vary the discipline to meet the circumstances. c) The Chief Administrative Officer shall notify the complainant, the Bylaw Enforcement Officer and County Council, in writing, of the results of the appeal. d) The decision of Council is final. Bylaw No. 1736 -11 Page 6 5. Effective Date 5.1 This Bylaw shall take effect on the date of passing. Bylaw 1251 -98 is hereby rescinded. October 20, 2011 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1736 -11 receive FIRST reading as amended. MOTION CARRIED October 20, 2011 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1736 -11 receive SECOND reading. MOTION CARRIED October 20, 2011 MOVED BY COUNCILLOR B. DE JONG that consent be given for Bylaw 1736 -11 to receive third reading this 20 day of October, 2011. MOTION CARRIED October 20, 2011 MOVED BY COUNCILLOR C. AMULUNG that Bylaw 1736 -11 receive THIRD AND FINAL reading. MOTION CARRIED Reeve — Molly Douglas . Chief m" istrative Officer — Kevin Stephenson