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Town of Wolfville
Chapter 97
Nuisance Party Bylaw
Page 1 of 4
1. Title
This Bylaw shall be titled and referred to as the "Nuisance Party Bylaw".
2. Background
The Nova Scotia Municipal Government Act (NS MGA), Section 172 gives Council the specific
authority to establish Bylaws. Sections 172(1) of the NS MGA authorizes Council to establish
bylaws for municipal purposes respecting (a) the health, well-being, safety and protection of
persons; (b) the safety and protection of property; (c) persons, activities and things, in, on or
near a public place or place that is open to the public; (d) nuisances, activities and things that
maybe or may cause nuisances.
The purpose of this Bylaw is to create a duty upon those hosting a social gathering or party to
control the participants' behavior and to give enforcement personnel a mechanism to disperse
persons at a gathering that's become a public nuisance, bridging a gap between existing Bylaws
and the Criminal Code.
3. Definitions
In this Bylaw;
"Building" means any permanent structure consisting of a roof supported by walls that is
used or intended to be used for the shelter, accommodation of persons, animals,
goods, chattels or equipment;
"Bylaw Enforcement Officer" means a person appointed by the Chief Administrative Officer
who is a Special Constable or Bylaw officer pursuant to the Nova Scotia Police Act
or similar
legislation and empowered by such appointment to enforce this bylaw;
"Dwelling" means a Building containing one or more units for human habitation;
"Town" means the Town of Wolfville;
"Highway" includes public highway, street, lane, road, alley, sidewalk, parking lot,
driveway, park, beach, or place including bridges, any part of which is intended
for or used by the general public for the passage of vehicles or persons, and
includes private property that is designed to be and is accessible to the general
public for the pedestrian and motor vehicle use;
"Municipality" means the land within the geographic limit of the Town of Wolfville;
"Nuisance Party" means a gathering on Property which, by reason of the conduct of any
one or more of the Person(s) in attendance, is characterized by any one or more
of the following elements:
Town of Wolfville
Chapter 97
Nuisance Party Bylaw
Page 2 of 4
i.
public intoxication
ii.
the unlawful sale, furnishing, or distribution of alcoholic beverages or
iii.
controlled substances
iv.
the unauthorized deposit of litter on public or private property
v.
damage to public or private property
vi.
the obstruction of vehicular or pedestrian traffic, or interference with the
ability to provide emergency services
vii.
sound that is unusual or excessive, or that is likely to be unwanted by or
disturbing to persons, as described in the Prevention of Excessive Noise
Bylaw
viii.
unauthorized open burning as described in the Open Fires Bylaw
ix.
public disturbance, including confrontations and violence
x.
outdoor public urination or defecation
xi.
use of or entry upon a roof not intended for such occupancy.
"Officer" means a Police Officer or any Bylaw Enforcement Officer, assigned to
administering or enforcing this bylaw;
"Police Officer" means a member of the Royal Canadian Mounted Police or municipal
police service authorized to provide police services to the Municipality;
"Person" means a corporation as well as an individual;
"Public Place" means a Highway, public park, parking lot or other lands to which the public
has access as of right or by invitation and includes private property that is
exposed to public view;
"Property" means any public or private place in the Municipality, including but not limited
to Highways, parks, parking lots, yards appurtenant to a Building or Dwelling, or
vacant lands.
4. Bylaw Offences
4.1
No person shall sponsor, conduct, continue, host, create or attend a Nuisance Party.
4.2
No person who, individually or jointly with others, is an owner, occupant, tenant, or
who otherwise has rightful possession of or possessory control of any Property, shall
allow, cause or permit a Nuisance Party on the Property under their possession or
control.
4.3
No person, not residing at the Property, shall fail to leave the Property after having
been directed to leave by an order to discontinue activity under this bylaw.
4.4
No person shall urinate or defecate in a Public Place.
4.5
No person shall stand, sit upon or otherwise occupy any roof of any Building unless
carrying out legitimate maintenance or construction.
4.6
No person shall fail to comply with an order pursuant to Section 5.1 of this bylaw.
Town of Wolfville
Chapter 97
Nuisance Party Bylaw
Page 3 of 4
4.7
No person shall willfully obstruct, hinder or otherwise interfere with an Officer in the
performance of the Officer's duties, rights, functions, powers or authority under this
bylaw.
5. Order to Discontinue Activity
5.1
Upon an order of an Officer to discontinue a Nuisance Party, the Nuisance Party shall
immediately cease and all persons who do not reside on the Property shall
immediately leave the Property where it is occurring.
5.2
The order under this section shall identify:
(a) the location of the Property of the Nuisance Party occurrence
(b) the elements in determining the Nuisance Party
5.3
An order issued under this bylaw, as outlined in Section 5.1 and 5.2, may be given
immediately verbally or may be served personally on the person to whom it is
directed. If the order is given by regular mail to the last known address of that
person, and if given by registered mail, it shall be deemed to have been given on the
third day after it is mailed. Service on a corporation can be carried out by registered
mail to the corporate mailing address.
5.4
A Police Officer may temporarily close any Highway or portion thereof to public
travel where a Nuisance Party is occurring adjacent to the Highway to ensure public
safety.
5.5
Where a Highway or portion of a Highway has been closed, the common law right of
passage by the public over the Highway and the common law right of access to the
Highway by an owner of land abutting the Highway are restricted as directed by a
Police Officer.
5.6
No person shall use a Highway or portion of a Highway that has been temporarily
closed under this bylaw except with lawful authority or in accordance with direction
of a Police Officer.
6. Enforcement and Inspection
6.1
Any Officer may enter upon Property for the purpose of investigation and
enforcement of this bylaw.
6.2
Each Officer is hereby authorized to inform any person of the provisions of this bylaw
and to request compliance.
6.3
When an Officer believes on reasonable grounds that an offence under this bylaw
has been committed by a person, the Officer may require the name, address, proof
of the identity of that person, and that person shall supply the required information.
6.4
Every person who contravenes or who causes or permits a contravention of any
provisions of this bylaw is guilty of an offence.
6.5
Every director or officer of a corporation who knowingly contradicts the convention
of any provision of this bylaw by the corporation is guilty of an offence.
6.6
Any Officer who believes on reasonable grounds that there has been a violation of
this bylaw may issue a summary offence ticket to that person.
Town of Wolfville
Chapter 97
Nuisance Party Bylaw
Page 4 of 4
7. Ownership Provision
7.1
As soon as is practical following the order to discontinue a Nuisance Party pursuant
to Section 5.1 of this bylaw, a notice of the order shall be sent to the owner(s) of the
property at which the Nuisance Party was discontinued.
7.2
The notice of the order to the owner will include all the information outlined in
Section 5.2 of this bylaw and include the date and approximate time that the order
was made.
7.3
The notice of the order will be deemed delivered as outlined in Section 5.3 of this
bylaw.
8. Penalty
8.1
Every person who contravenes or fails to comply with any provisions of this bylaw
shall be liable to a penalty of not less than four hundred dollars ($400.00) for a first
offence, not less than six hundred dollars ($600.00) for the second offence, and not
less than nine hundred dollars ($900.00) for a third and any subsequent offences.
Clerk's Annotation for Official Bylaw Book
Date of first reading: November 7, 2023
Date of advertisement of Notice of Intent to Consider: December 20, 2023
Date of second reading: January 23, 2023
Date of advertisement of Passage of By-law: February 1, 2024
Date of mailing to Minister a certified copy of By-law: February 6, 2024
I certify that this Nuisance Party Bylaw Chpt.97 was adopted by Council and published
as indicated above.
_____________________________ ______February 6, 2024________________
Town Clerk/CAO
Date