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1
VILLAGE OF ALIX
BYLAW NO. 465/21
A Bylaw of the Village of Alix, in the Province of Alberta, to regulate
Community Standards for Safety, Health, Welfare, Nuisances and
Livability.
WHEREAS, pursuant to the Municipal Government Act; RSA 2000
Chapter M-26, a Council may pass Bylaws for municipal purposes
respecting the safety, health and welfare of people and the protection of
people and property; respecting people, activities and things in, on or
near a public place or place that is open to the public; and respecting
nuisances, including unsightly property;
AND WHEREAS pursuant to the Traffic Safety Act, RSA 2000, Chapter
T-6 and amendments thereto, Council may, by bylaw, authorize the use
of Motor Vehicles on Highways and other places under its direction,
control and management;
AND WHEREAS the House of Commons has given three readings to
the Cannabis Act Bill C-45, an Act respecting cannabis and to amend
the Controlled Drugs and Substances Act, the Criminal Code and other
Acts, 1st Sess, 42nd Parl, 2017, which will permit persons to possess
cannabis if purchased from an authorized person;
AND WHEREAS the Province of Alberta has enacted an Act to Control
and Regulate Cannabis, S.A. 2017, c.21 which will place restrictions on
smoking or vaping Cannabis in public places, and has further
restrictions within the Gaming, Liquor and Cannabis Act RSA 2000
Chapter G-1;
AND WHEREAS it is desirable for regulations which affect community
livability to be located, as much as possible, within one Bylaw;
NOW THEREFORE the Council of the Village of Alix, in the Province of
Alberta, hereby enacts the following:
PART 1 - Interpretation
1.1
This Bylaw may be cited as the "Community Standards Bylaw".
PART 2 - Definitions
2.1
In this Bylaw:
(a) "Animal Material" means any animal excrement and includes
all material accumulated on a Property;
(b) "Ashes" means the powdery residue accumulated on a
Property left after the combustion of any substance
including but not limited to partially burned wood,
charcoal or coal;
(c) "Building" means a development capable of being occupied
by one or more persons intended for the purposes of a
residence or a place of business;
(d) "Building Material" means all construction and demolition
material accumulated on a Property, including but not limited
to, earth, vegetation, metal, wood or rock;
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(e) "Bullying" means verbal or physical abuse, threats, taunts,
teasing, name calling or repeated abusive communication,
direct or through any medium;
(f) "Cannabis" has the meaning given to it in the Cannabis Act;
(g) "Cannabis Act" means Bill C-45, an Act respecting cannabis
and to amend the Controlled Drugs and Substances Act, the
Criminal Code and other Acts, 1st Sess, 42nd Parl, 2017;
(h) "Chief Administrative Officer" or "CAO" means the person
appointed by Council to the position of Chief Administrative
Officer under the Municipal Government Act for the Village of
Alix.
(i) "Composting" means the managed practice of recycling
organic material, including food and yard Waste, through
biological degradation in a container or pile, to create a
usable soil conditioner;
(j) "Council" means the Council of the Village of Alix.
(k) "Curb" means the actual Curb, if there is one, and if there is
no Curb in existence, it shall mean the division of a Highway
between the Roadway and the Sidewalk or boulevard;
(l) "Disturbance" means the interruption of the peace, quiet of a
Person, neighborhood or community;
(m) "Electronic Smoking Device" means an electronic device that
can be used to deliver a vapour, emission or aerosol to the
Person inhaling from the device, including but limited to an
electronic cigarette, cigar, cigarillo or pipe;
(n) "Emergency" means a situation in which there is imminent
danger to public safety or of serious harm to Property;
(o) "Graffiti" means any words, figures, letters, drawings or
stickers applied, scribbled, scratched, etched, sprayed or
attached on or to the surface of any Building or other
Property;
(p) "Hazing" means any intentional or reckless act meant to
induce physical pain, humiliation or embarrassment that
causes physical or mental discomfort and is directed against
a Person for the purpose of being initiated, introduced into,
affiliated with or maintaining a membership in any club,
school, athletic team or other similar group or organization in
which a Person may participate;
(q) "Highway" means highway as defined in the Traffic Safety
Act RSA 2000;
(r) "Motor Vehicle" means a Motor Vehicle as defined in the
Traffic Safety Act RSA 2000;
(s) "Occupant" means the Person residing on the Property and
shall include the Owner or Person(s) renting or occupying
the Property;
(t) "Offensive Odour" means any smell that offends or disturbs
any other Person and includes but is not limited to: garbage,
firepit smoke, burning of any materials, animal or human
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feces, animal parts or meat, Composting, Cannabis, vehicle
emissions, petroleum products, or any other substance or
material that may offend or disturb any Person;
(u)
"Owner" means:
(i) the Person as registered on the title at the Land Titles
Offices; or
(ii) a Person who is recorded as the Owner of the Property
on the Village's assessment roll;
(v)
"Peace Officer" means;
(i) a police officer;
(ii) a Person appointed as a Peace Officer pursuant to the
Peace Officer Act, SA 2006, c P-3.5; or
(iii) a Person appointed as a bylaw enforcement officer
pursuant to the Municipal Government Act, RSA 2000, c
M-26
(w) "Pedestrian" means a Person on foot or a Person in or on a
mobility aid;
(x)
"Person" means a corporation, an individual, and the heirs,
executors, administrators or other legal representatives of an
individual;
(y)
"Property" means a parcel of land, a Building or
possessions of the Owner or Occupant located thereon;
(z)
"Public Place" means any place including privately and
publicly owned or leased Property, to which the public
reasonably has or is permitted to have access, whether on
payment or otherwise, within the Village;
(aa) "Quiet Hours" shall mean between the hours of 11:00 p.m.
and 7:00 a.m. on any day;
(bb) "Residential Dwelling" means any Building intended for
residential use, including a single detached dwelling, duplex,
triplex, fourplex, multiplex, rowhouse and townhouse, but
excludes an apartment building;
(cc) "Residential Area" means a district where people live,
occupied primarily by private residences;
(dd) "Roadway" means that part of a Highway intended for use by
vehicular traffic;
(ee) "Rubbish" means and includes any paper product, fabric,
wood, plastic, glass, metal and/or any matter of substances
of any kind which has been discarded, abandoned or in any
way disposed of.
(ff)
"Sidewalk" means the part of a Highway especially adapted
to the use of or ordinarily used by Pedestrians, and includes
that part of the Highway between the Curb line thereof (or
the edge of the Roadway, where there is no Curb line) and
the adjacent property line, whether or not paved or
improved;
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(gg) "Smoke" or "Smoking" means:
(i) inhaling or exhaling the smoke produced by burning or
heating Cannabis; or
(ii) holding or otherwise having control of any device or thing
containing lit or heated Cannabis;
(hh) "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:
(i) any Rubbish, refuse, garbage, papers, packages,
containers, bottles, cans, manure, human excrement or
sewage or the whole or a part of an animal carcass, dirt,
soil, gravel, rocks, sod, petroleum products, hazardous
materials, disassembled equipment or machinery, broken
household dishes and utensils, boxes, cartons and
discarded fabrics;
(ii) the whole or part of any Motor Vehicle or vehicles which
has no current license plate attached to it and in respect
of which, no registration certificate has been issued for
the current year;
(iii) any Motor Vehicle or vehicles which is inoperative by
reason of removed parts, or collection of vehicle parts,
dismantled or derelict;
(iv) equipment or machinery which has been rendered
inoperative by reason of its disassembly, age or
mechanical condition and incudes any household
appliances;
(v) Animal Material, Yard Material, Ashes or Building
Material as defined in this Bylaw;
(ii)
"Use" where used as a verb in respect of Cannabis includes
Smoke, Vape, apply, inhale, and consume;
(jj)
"Vape" or "Vaping" means:
(i) inhaling or exhaling the vapour, emissions or aerosol
produced by an electronic smoking device or similar
device containing Cannabis, or
(ii) holding or otherwise having control of an electronic
smoking device that is producing vapour, emissions or
aerosol from Cannabis;
(kk) "Village" means Village of Alix;
(ll)
"Waste" means anything that is set out for collection in a
waste container;
(mm) "Yard Material" means organic matter formed as a result of
gardening or horticultural pursuits and includes grass,
weeds, tree and hedge cuttings and clippings.
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PART 3 - Unsightly Premises
3.1 No Person shall allow any Property to become an Unsightly
Premises.
3.2 Every Occupant or Owner of any property within the Village of Alix
shall:
(a) cut the grass on the property they own or occupy and cut
the grass on any boulevard which abuts, flanks or adjoins
such property, including lanes and alleys at the rear or side
of such property, with sufficient frequency to ensure that the
grass does not exceed 15.24 cm (6 inches) in height.
(b) prune, remove or otherwise maintain trees and shrubs that
interfere with or endanger lines, poles, pipes, sewers,
sidewalks, streets and alleyways or other works of the
Village or public utility within or on the property they own or
occupy.
3.3 In determining whether a Property is an Unsightly Premises a
Peace Officer shall take into account a number of factors
including but not limited to the land use, zoning, a development
permit, location, density of population, surrounding properties,
visibility from the Roadway, and the exercise of discretion.
3.4 A Peace Officer in determining that a Property is an Unsightly
Premises may issue:
(a) a notice of complaint in writing or in the form of a door
knocker attachment;
(b)
an order to remedy contraventions pursuant to Section 545
of the Municipal Government Act; or
(c)
an order to remedy dangers and unsightly property pursuant
to Section 546 of the Municipal Government Act.
3.5 Every Person who fails to comply with an order within the time set
out in the order commits an offence.
3.6 A Peace Officer may extend the time or vary the directions or
required actions in an order.
3.7 A Person to whom an order has been issued may by written
notice to the CAO request a review by Council pursuant to Section
547 of the Municipal Government Act.
PART 4 - Bullying and Hazing
4.1 Enforcement actions and investigations under this part shall only
be undertaken by a member of the RCMP.
4.2 No Person shall commit the act of Bullying against another
Person.
4.3 No Person shall commit the act of Hazing against any other
Person.
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PART 5 - Graffiti
5.1 No Person shall create or apply Graffiti on or to any Public Place
which is owned or occupied by another Person unless the Graffiti
is not in public view and the Person who owns or occupies the
Property to which the Graffiti has been created or applied has
given prior written approval by the CAO for the creation or
application of the Graffiti.
5.2 An Owner or Occupant of a Property shall ensure that Graffiti
placed on their Property is removed, painted over or otherwise
permanently blocked from public view.
5.3 In any prosecution for an offence under this part, if a defendant
seeks to rely on the defense of any Graffiti being made with the
consent of the Owner, the onus of proving that the Owner
consented lies with the defendant.
PART 6 - Noise
6.1 No Person shall make, continue, cause or allow to be made or
continued any unreasonably loud, raucous or unusual noise which
annoys, disturbs, injures, endangers or detracts from the comfort,
repose, health, peace or safety of any other Person.
6.2 No Person shall permit, suffer or allow Property, real or personal
which he owns, occupies or controls, to be used in a manner such
that there emanates any unreasonably loud, raucous or unusual
noise which annoys, disturbs, injures, endangers or detracts from
the comfort, repose, health, peace or safety of any other Person.
6.3 Factors for determining whether a sound is unreasonably loud,
raucous or unusual include, but are not limited to, the following:
(a)
proximity of the sound to sleeping facilities, whether
residential or commercial;
(b)
the time of day or night the sound occurs;
(c)
the duration and volume of the sound; and
(d)
whether the sound is recurrent, intermittent or constant.
6.4 No Person shall operate construction equipment, power, gas or
battery operated equipment including tools, lawn mower, or snow
cleaning device in any Residential Area during Quiet Hours unless
authorized by a development permit issued by the Village.
6.5 This Part shall not apply to:
(a)
any Person who carries on an agricultural operation
pursuant to the Agricultural Operation Practices Act;
(b)
any Person operating under the authority of a development
permit, or other permission granted by the Village;
(c)
any Person performing work of an Emergency nature for the
preservation or protection of life, health, or Property;
(d)
any act of emergency maintenance or repairs being carried
out by employees or contractors of the Village;
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(e)
any act of emergency maintenance or repair being carried
out by employees or contractors of any private utility;
(f)
the operation of emergency equipment or any emergency
vehicle;
(g)
a Peace Officer engaged in performing his duty; or
(h)
any activity within the sole jurisdiction of the Government of
Canada or the Province of Alberta.
PART 7 - Nuisance
7.1 No Person shall cause a Disturbance by fighting, screaming,
shouting, swearing, molesting, or using insulting language at or
near a Public Place.
7.2 No Person shall urinate, defecate, or deposit any human waste on
the private property of another Person, on any Public Place or in
any place to which the pubic is allowed access.
7.3 No Person shall idle a Motor Vehicle in a Residential Area for
longer than 30 minutes.
This section shall not apply when temperatures exceed minus
thirty (-30) degrees Celsius.
7.4 No Person shall cause or allow any Offensive Odour to disturb
any other Person.
7.5 No Person shall have an electric fence at or near any Public Place
where any other Person is likely to make contact with it.
For the purpose of this section, consideration will be given as to
the distance from Public Place, density of population, type of
warning signs present, and the type of animals being contained.
7.6 A Person who carries on an agricultural operation pursuant to the
Agricultural Operation Practices Act is not in contravention of
sections 7.4 or 7.5.
7.7 No Person, at or near a Public Place, shall display any pictures,
words, or graphic images of any type that promotes violence,
hatred, and offends, or is likely to offend, any other Person.
7.8 No Person shall throw or propel an object that is likely to startle or
cause injury to another Person or animal.
7.9 No Person shall throw or propel an object that is likely to damage
any Property.
7.10 No Person shall pump water, or otherwise direct or cause any
water to flow onto any Property that is not their own. For better
clarity this section applies to sump pumps and eavestroughs
however shall not apply to other Property drainage such as
melting snow that has been legally piled, normally flowing rain
water, or any natural flooding type of events.
PART 8 - Cannabis
8.1 No Person shall Use Cannabis in any Public Place unless:
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(a)
entitled to possess Cannabis pursuant to a medical
document issued pursuant to the Access to Cannabis for
Medical Purposed Regulation SOR/2016-230.
8.2 A Person who is entitled to possess Cannabis pursuant to a
medical document shall forthwith produce, at the request of a
Peace Officer, a copy of the Person's medical document.
8.3 A Person who is entitled to possess Cannabis pursuant to a
medical document shall only Smoke and Vape Cannabis at areas
not prohibited under the Alberta Tobacco and Smoking Reduction
Act and the Alberta Gaming, Liquor and Cannabis Act.
8.4 No Person shall Use Cannabis in such a manner to harass,
annoy, molest, impede or otherwise interfere with any other
Person.
PART 9 - Fire Hydrants
9.1 Any Person Owning or Occupying a Property with a fire hydrant
adjacent to such Property shall be responsible for clearing snow
and cutting weeds or grass around the fire hydrant in a manner
that allows the fire hydrant to be clearly visible and accessible
from the point on the street closest to the fire hydrant.
9.2 If a fire hydrant is equidistant from two Properties:
(a)
the Owner and Occupant of the Property immediately to the
north or west of the fire hydrant shall comply with the
provisions of Section 9.1 in even numbered years;
(b)
the Owner and Occupant of the Property immediately to the
south or east of the fire hydrant shall comply with the
provisions of Section 9.1 in odd numbered years.
9.3 No Person shall damage, interfere, or tamper with a fire hydrant.
PART 10 - Enforcement
10.1 A Person who contravenes any provision of this Bylaw is guilty of
an offence and is liable upon summary conviction to a fine of not
less than Fifty Dollars ($50.00) and not greater than Ten
Thousand Dollars ($10,000.00).
10.2 The offences under this Bylaw in respect of which a voluntary
specified penalty may be made are set out in Schedule A.
10.3 All specified penalties in Schedule A shall be subject to a One
Hundred Dollar ($100.00) increase if the matter proceeds by way
of a summary conviction offence.
10.4 A violation ticket as distributed by the Province or Alberta and set
out in the Provincial Offences Procedures Act and Regulation may
be issued by a Peace Officer for any contravention of this Bylaw.
10.5 A violation ticket is deemed sufficiently served if the processes
under the Provincial Offences Procedure Act and Regulation have
been followed.
10.6 No Person shall aid, abet, encourage, or cheer on any Person
involved in a contravention of this Bylaw.
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10.7 No Person shall willfully obstruct, impede, or hinder a Peace
Officer while the Peace Officer is engaged in the execution of their
duty.
10.8 No Person shall fail or refuse to comply with a lawful order or
request of a Peace Officer while that Peace Officer is engaged in
the execution of their duty.
10.9 The owner of a vehicle involved in the commission of an offence
under this bylaw is guilty of an offence and liable on summary
conviction as outlined in "Schedule A".
PART 11 - Exercise of Discretion
11.1 The Village has the discretion to enforce this Bylaw and is not
liable of any outcomes should the Village or a Peace Officer
decide not to enforce this Bylaw if acting in good faith.
PART 12 - Severability
12.1 Should any provision of this Bylaw become invalid, void, illegal or
otherwise not enforceable, it shall be considered separate and
severable from this Bylaw and the remainder shall remain in force
and be binding as though such provision had not been included.
PART 13 - Coming into Force
13.1 This Bylaw shall come into full force and effect on the third and
final reading.
13.2 Upon the effective date of this Bylaw, the following Bylaws are
rescinded:
(a)
Bylaw No. 158/90, Noise Bylaw
(b)
Bylaw No. 322/02, Nuisance Bylaw
(c)
Bylaw No. 389/10, Public Disturbances/Anti-bullying Bylaw
Read a first time on the 7th day of July, 2021.
Read a second time on the 4th day of August, 2021.
Read a third and final time on the 4th day of August, 2021.
________________________________
Mayor
_________________________________
CAO
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Schedule A
Specified Penalties
PART 3 - Unsightly Premises
1st
2nd
3rd
Section
Offence
Offence Offence Offence
3.1
Person allow Unsightly Premises
$100
$200
Court__
3.2(a) Fail to cut grass
$ 50
$100
$200__
3.2(b) Fail to maintain trees/shrubs
$ 50
$100
$200__
3.4
Fail to comply with Order
$500
$1,000 Court__
PART 4 - Bullying and Hazing
1st
2nd
3rd
Section
Offence
Offence Offence Offence
4.2
Bullying another Person
$250
$500
Court__
4.3
Hazing another Person
$250
$500
Court__
PART 5 - Graffiti
1st
2nd
3rd
Section
Offence
Offence Offence Offence
5.1
Create/Apply Graffiti
$500
$1,500 Court__
5.2
Fail to remove/cover Graffiti
$150
$300
Court__
PART 6 - Noise
1st
2nd
3rd
Section
Offence
Offence Offence Offence
6.1
Person make/cause Noise
$100
$200
Court__
6.2
Owner permit Noise
$100
$200
Court__
6.4
Operate const. equipment/power
$100
$200
Court
tools/power lawn mower/snow
clearing device in residential area
________during quiet hours______________________________________
PART 7 - Nuisance
1st
2nd
3rd
Section
Offence
Offence Offence Offence
7.1
Cause Disturbance Public Place
$250
$500
Court__
7.2
Urinate/Defecate Public Place/
$100
$200
Court
________private property_______________________________________
7.3
Idle MV in Residential Area/30 min. $100
$200
Court__
7.4
Cause/allow Offensive Odours
$250
$500
Court__
7.5
Electric Fence at or near Public
$150
$300
Court
________Place_______________________________________________
7.6
Display Offensive material
$500
$1,500 Court__
7.8
Throw/propel an object likely to
$125
$250
Court
Cause injury/damage to another
________Person/animal________________________________________
7.9
Throw/propel an object to damage
$125
$250
Court
________property_____________________________________________
7.10
Pump or otherwise direct water
$250
$500
Court
________onto other property_____________________________________
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PART 8 - Cannabis
1st
2nd
3rd
Section
Offence
Offence Offence Offence
8.1
Unlawful Use in Public Place
$150
$300
Court__
8.2
Fail to produce medical document
$150
$300
Court
________to PO upon demand____________________________________
8.3
Medical Use in prohibited place
$150
$300
Court__
8.4
Person Use cannabis to disturb/
$250
$500
Court
Harass/annoy/impede/molest
________another Person_______________________________________
PART 9 - Fire Hydrants
1st
2nd
3rd
Section
Offence
Offence Offence Offence
9.1
Fail to clear snow/debris
$150
$300
Court
________Collection prior to specified time__________________________
9.3
Damage, interfere or tamper with
$1,500
$2,500 Court
________Hydrant_______________________________________________
PART 10 - Enforcement
1st
2nd
3rd
Section
Offence
Offence Offence Offence
10.6
Encourage/cheer any Person
$200
$500
Court
Involved in a contravention of
________this Bylaw____________________________________________
10.7
Obstruct/impede/hinder a Peace
$500
$750
Court
________Officer ______________________________________________
10.8
Fail/refuse to comply with Peace
$200
$500
Court
________Officer _________________________