Updated on 20/04/2010



        

 


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Information Regarding Dutch Elm Disease

Alberta Elm Pruning Ban Starts April 1st, 2008

 

Elm sanitation is essential to an integrated Dutch Elm Disease (DED) prevention program.  The only time it is legal to prune elms in Alberta is from October 1st  to March 31st.  During this time, the elm bark beetles, which are responsible for spreading the deadly DED fungus, are not active.

"Elm bark beetles feed on healthy elms and breed over winter in dead and dying elm trees, " says Janet Feddes-Calpas, Plantuition Inc., administrator of Alberta's Society to Prevent Dutch Elm Disease (STOPDED)  prevention program.  "If elm trees are pruned between April 1st and September 30th, these vectors of the disease will be drawn to the scent of the fresh pruning cuts, potentially attracting infested beetles and infecting otherwise healthy elm."

Having trees pruned properly is important.  Many trees are killed or ruined annually from improper pruning.  Pruning, like any other skill, requires knowledge and should be done by a professional certified arborist who can determine what type of pruning is necessary to maintain or improve the health, appearance and safety of the trees.

"Topping, or removing an excessive amount of live wood is not recommended and will weaken the tree's structure and shorten its lifespan," says Feddes-Calpas.  "It is essential that all dead wood be removed and properly disposed of by burning, burying or chipping by March 31st."

 

VILLAGE OF ELNORA BYLAWS PAGE

click here to view Elnora's Policies Page


Please take the time to view our Bylaws which have been passed by Council

 

Bylaw #499-0811 ASP     Bylaw # 500-0812 Fees     Bylaw # 501-0813 Public Areas

Nuisance Abatement Bylaw    Cat Control Bylaw      Livestock and Fowl Bylaw       Dog Control Bylaw

                Rates of Taxation   Outstanding Moneys Owed to the Village   Disaster Service Agency   Designated Officer Bylaw   Fire Bylaw

                Atco Gas and Pipelines Ltd Agreement    Bylaw # 498 Traffic Control Bylaw  new Amended Cat Bylaw   new Amended Dog Bylaw

Bylaw 502 0901 Taxes

***NEW*** Elnora Land Use Bylaw

    ***NEW*** Land Use Bylaw Diagram

***NEW*** Bylaw #504 10 01 Traffic Amendment

***NEW*** Assessment Review Board Bylaw

***NEW***  Bylaw 505-1002

(Being a Bylaw to Amend Land Use Bylaw 504-0903)

 


BYLAW # 477-0401

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Being a By-law of the Village of Elnora to authorize the Mayor and Administrator to execute an agreement with ATCO Gas and Pipelines Ltd., to renew an agreement with, and to confer a franchise on the Company to deliver natural gas to customers within the municipality.

WHEREAS the Company has requested a franchise be granted to provide natural gas services to customers within the municipality.

AND WHEREAS it is deemed that such an agreement would be of benefit to customers within the Municipality;

THEREFORE under the authority of the Municipal Government Act, S.A. 1994, Chapter M-26.1, Part 3, Division #, Section 45-47 be it enacted that the Mayor and Administrator be authorized to sign the agreement which is attached to and forming part of this By-law and marked as Schedule “A” between the Village of Elnora and the Company to renew an agreement with and to confer a franchise on the Company to deliver natural gas services within the Municipality;

This By-law shall come into force upon the agreement being approved by the Alberta Energy and Utilities Board for the Province of Alberta, and upon being given Third reading and finally passed.

Read a First time this 13th day of _______________ _______________

January, 2004 Mayor Administrator

Read a Second time this 18th day

of May, 2004

Read a Third time and finally

passed this 18th day of
May, 2004 ________________ _________________

Mayor Administrator

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BYLAW # 478-0402

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, HEREAFTER REFERRED TO AS THE FIRE BYLAW, TO PROVIDE FIRE PROTECTION WITHIN THE VILLAGE OF ELNORA.

WHEREAS Section 7(a) of the Municipal Government Act Chapter M-26.1 with amendments in force as of July 15, 1996, provides that the Council of a Municipality may pass a bylaw for the purpose of respecting the health and welfare of people and the protection of people and property; and

WHEREAS Section 54 of the Municipal Government Act provides that a municipality may provide any service or thing that it provides in all or part of the municipality in another municipal authority with the agreement of the other municipal authority.

1. Now, therefore, the Council of the Village of Elnora, in the Province of Alberta, duly assembled does hereby authorize

(1) The establishment of a Municipal Fire Department, assigned to the Red Deer Fire District as laid out in this bylaw.

(2) The establishment of regulations for fire protection.

(3) The establishment of Fire Districts and Fire Agreements for the purposes of contracting Fore Protection.

2. In this Bylaw

(1) Apparatus means any vehicle provided with machinery devices, equipment or materials for fire fighting as a vehicle used to transport fire fighters and supplies.

(2) Council means the Council of the Village of Elnora.

(3) County Commissioner means a person appointed by Council as the Chief Administrative Officer.

(4) Equipment means any tools, contrivances, devices, or materials used by the Fire Department to combat an incident or other emergency.

(5) Fire Chief means the person elected by Fire Department members and approved by a municipal council as head of a Fire Department.

(6) Fire Protection means all aspects of fire safety, including but not limited to fire prevention, rescue, emergency planning, fire fighting or suppression, emergency medical services, pre-fire

Bylaw #478-0402

planning, fire investigation, public education and information, training and other staff development and advising.

(7) Incident means a fire situation where a fire or explosion is eminent or any other situation presently a danger or possible danger to life or property and to which the fire department has responded.

(8) Member means any person that is duly appointed member of the fire department and is named on the fire department roster.

(9) Open Fire means any fire which is not enclosed in a noncombustible container with a grill covering the opening with holes no larger than 6 millimeters by 6 millimeters.

(10) Rescind means repeal and includes revoke, cancel, and annul.

3. The Village of Elnora may enter into Agreements with other parties to provide Fire Protection and operate under this Fire Bylaw.

4. The Fire Chief shall submit an updated copy of the Fire Department roster to the Municipal Administrator from time to time.

5. The Fire Chief may appoint other officers of the Fire Department to act as Fire Chief on his behalf.

6. The limits o the jurisdiction of the Fire Chief and the officers and members of the Fire Department extend to the area and boundaries of the Village of Elnora and no part of the fire apparatus shall be used beyond the limits without expressed authorization or a written contract or agreement.

7. The Fire Chief has complete responsibility and authority over the Fire Department subject to the direction and control of the Village Council to which he shall be responsible, and, in particular, he shall be required to carry out all fire protection activities and such other activities as directed by Council, but not limited to

a) rescue

b) emergency medical services

c) disaster planning

d) preventative patrols

e) pre-fire planning

f) other incidents

8. The Fire Chief, subject to the ratification by Council, shall establish rules, regulations, policies, and committees necessary for the proper organization and administration of the Fire Department including

Bylaw #478-0402

a) use, care, and protection of Fire Department property;

b) the conduct and discipline of officers and members of the Fire Department; and

c) the formation of Standard Operating Guidelines.

9. The Fire Chief shall take responsibility for the enforcement of the Safety Codes Act in the fire discipline as defined in the Quality Management Plan.

10. Officers and members of the Fire Department shall carry out duties and responsibilities assigned to the Fire Department by the Council, and the Fire Chief shall report to the Village Council on the operations of the Fire Department or on any other matter designated by Council.

11. The Fire Chief, or any other member in charge, at a fire is empowered to cause a building, structure or thing, to be pulled down, demolished, or otherwise removed if he deems it necessary to prevent the spread of fire to other buildings, structures or things.

12. The Fire Chief, or the member in charge at an incident, may at his discretion establish boundaries or limits and keep persons from entering the area within the prescribed boundaries or limits unless authorized to enter by him.

13. No person shall enter the boundaries or limits of an area prescribed in accordance with Section 12 unless he has been authorized to enter by the Fire Chief or the member in charge.

14. The Fire Chief or the member in charge at an incident may request peace officers to enforce restriction of persons entering within the boundaries or limits outlined in Section 12.

15. The Fire Chief or the member in charge at an incident is empowered to enter, pass through or over buildings or property adjacent to an incident, and to cause members of the Fire Department to enter or pass through or over the building or property where he deems it necessary to gain access to the incident or to protect any person or property.

16. The Fire Chief may obtain assistance from other officials of the municipality he deems necessary in order to discharge his duties and responsibilities under this bylaw.

17. No person at an incident shall impede, obstruct, or hinder a member of the Fire Department or other persons assisting or acting under the discretion of the Fire Chief or the member in charge.

18. No person shall damage or destroy Fire Department apparatus or equipment.

19. No person at an incident shall drive a vehicle over any equipment without the permission of the Fire Chief or the member in charge.

Bylaw #478-0402

20. No person shall falsely represent themselves as a Fire Department member or wear or display any Fire Department badge, cap button, insignia, or other paraphernalia for the purpose of such false representation.

21. No person shall obstruct or other wise interfere with access roads or streets or other approaches to any fire alarm, fire hydrant, cistern, or body of water designated fpr fore fighting purposes.

22. The Fire Chief or the member in charge of an incident may request persons who are not members to assist in extinguishing a fire, removing furniture, goods, and merchandise from any building on fire or in danger thereof, and in guarding and securing the same and in a demolishing a building or structure at or near the fire or other incident.

23. The Fire Chief or the member in charge of an incident is empowered to commandeer privately owned equipment, which he considers necessary to deal with an incident.

24. Fees for services may be charged in accordance with the Village Fire Policy.

25. Full-time or volunteer firefighters may, with the written permission of the Fire Chief, carry on or in a vehicle, other than an emergency vehicle, a lamp that produces intermittent flashes of green light and may operate the lamp of the vehicle is proceeding to a fire or other emergency.

26. No person other than a full-time or volunteer firefighter shall operate a lamp that produces intermittent flashes of green light.

27. Section 25 shall not be construed so as to permit a full-time or volunteer firefighter to operate a vehicle in contravention of the Highway Traffic Act, provincial regulations, or this bylaw.

FIRE CONTROL

28. No person shall light an open fire without taking sufficient precautions to ensure that the fire can be kept under control at all times.

29. For the purpose of fire control, the Fire Chief, the Municipal Administrator and the Council may enforce a ban on open fires.

30. Upon receiving notice of a ban on open fires, any person who has an open fire shall extinguish it.

Bylaw #478-0402

31. The Village of Elnora shall enforce and subsequently lift fire bans for the Village in accordance with the Red Deer County fire bans.

32. No person shall light an open fire during an open fire ban.

33. People who have started fires that are a threat to public safety or show carelessness in handling, as determined by the Fire Chief, may be charged for the cost of fighting the fire as per the Village fore policy.

34. Any person who violates any of the provisions of Section 1 to 33 of this bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this bylaw, or does any act or thing or omits any act or thing thus violating any of the provisions of this bylaw, shall be deemed to be guilty of an infraction of this bylaw, and upon summary conviction, is liable to imprisonment for a term of not more than six (6) months or to a fine of not more than Twenty Five Hundred Dollars ($2,500) or both fine and imprisonment.

35. By the passing of this Fire Bylaw 478-0402 Fire Bylaw 429 and its amendments shall be rescinded.

THIS BYLAW SHALL COME INTO FORCE AND EFFECT ON THE FINAL DATE OF PASSING THEREOF.
DONE AND PASSEDIN OPEN COUNCIL WITH THE UNANIMOUS CONSENT OF ALL MEMBERS PRESENT.

FIRST READING: FEBRUARY 10/04

SECOND READING: FEBRUARY 10/04

THIRD READING: FEBRUARY 10/04

_____________________________ ____________________________

Mayor Commissioner (CAO)

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BYLAW # 479-0403

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Whereas, pursuant to the provisions of section 210 of the Municipal Government Act, the Council may pass a bylaw to establish one or more positions to carry out the powers, duties, and functions of a designated officer.

NOW THEREFORE, the Council of the Village of Elnora in the Province of Alberta, duly assembled, hereby enacts as follows:

1. That the position of Assessor be established to carry out the duties and responsibilities of an assessor as designated in the Municipal Government Act.

2. That the chief Administrative Officer, being given the authority by council, may appoint an individual to the position of Assessor.

3. That this bylaw is effective upon the date of its third and final reading.

Read a 1st time this 10th day of February, 2004

Read a 2nd time this 10th day of February, 2004

Read a 3rd and final time this 10th day of February, 2004 and finally passed.


___________________________ _______________________ Mayor Administrator

 


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BY-LAW # 481-405

A BY-LAW OF THE VILLAGE OF ELNORA IN THE PROVINCE OF ALBERTA TO ESTABLISH A MUNICIPAL DISASTER SERVICE AGENCY

WHEREAS the Council on the Village of Elnora is responsible for the direction and control of its emergency response and is required, under the Disaster Services Act, Chapter D-13, Revised Statues of Alberta 2000, to appoint a Disaster Services Committee and to establish and maintain a Municipal Disaster Services Agency: and

WHEREAS it is desirable in the public interest, and in the interests of public safety, that such a committee be appointed and such an agency be established and maintained to carry out Council’s statutory powers and obligations under the said Disaster Services Act;

NOW, THEREFORE, THE COUNCIL OF THE VILLAGE OF ELNORA, DULY ASSEMBLED, ENACTS AS FOLLOWS:

1. This By-law may be cited as the Municipal Disaster Services By-Law.

2. In this By-law,

(a) “Act” means the Disaster Services Act, Chapter D-13, Revised Statues of Alberta 2000;

(b) “Council” means the Council of the Village of Elnora;

(c) “disaster” means an event that has resulted or may result in serious harm to the safety,

health or welfare of people, or in widespread damage to property;

(d) “Disaster Services Committee” means the committee established under this By-law;

(e) “emergency” means an event that requires prompt co-ordination of action or special regulation of persons or property to protect the health, safety and welfare of people or to limit damage to property;

(f) “Minister” means the Minister charged with administration of the Act;

(g) “Municipal Disaster Services Agency” means the agency established under this By-law; and

(h) “Municipal Emergency Plan” means the emergency plan prepared by the Director of Disaster Services to co-ordinate response to an emergency or disaster.

3. There is hereby established a Disaster Services Committee to advise Council on the development of emergency plans and programs.

4. There is hereby established a Municipal Disaster Services Agency to act as the agent of Council to carry out its statutory powers and obligations under the Act. This does not include the power to declare, renew, or terminate a state of local emergency, nor the powers contained in Section 12 of this By-law.

5. Council shall

(a) by resolution, appoint 3 of its members to serve on the Disaster Services Committee;

(b) provide for the payment of expenses of the members of the Disaster Services Committee;

(c) by resolution, on the recommendation of the Disaster Services Committee, appoint a Director of the Disaster Services and a Deputy Director of Disaster Services who shall do those things required of the Director of Disaster Services in that person’s absence;

(d) ensure that emergency plans and programs are prepared to address potential emergencies or disasters in the Village of Elnora;

(e) approve the Village of Elnora’s emergency plans and programs; and

(f) review the status of the Municipal Emergency Plan and related plans and programs at least once each year.

6. Council may

(a) by By-law borrow, levy, appropriate and expend, without the consent of the electors, all sums required for the operation of the Municipal Disaster Services Agency; and

(b) enter into agreements with and make payments or grants, or both, to persons or organizations for the provision of services in the development or implementation of emergency plans or programs, including mutual aid plans and programs

7. The Disaster Services Committee shall

(a) review the Municipal Emergency Plan and related plans and programs on a regular basis; and

(b) advise Council, duly assembled, on the status of the Municipal Emergency Plan and related plans and programs at least once a year.

8. The Municipal Disaster Services Agency shall be comprised of one or more of the following:

(a) the Director of Disaster Services;

(b) the Deputy Director of Disaster Services;

(c) the Manager, Administrator, Clerk or other administrative staff member(s) of the municipality;

(d) the Fire Chief or designate;

(e) the Public Works Foreman or designate;

(f) the Social Services Manager or designate;

(g) anybody else who might serve a useful purpose in the preparation or implementation of the Municipal Emergency Plan.

9. The Director of Disaster Services shall

(a) prepare and co-ordinate the Municipal Emergency Plan and related plans and programs for the Village of Elnora

(b) act as director of emergency operations, or ensure that someone is designated under the Municipal Emergency Plan to so act, on behalf of the Municipal Disaster Services Agency; and

(c) co-ordinate all emergency services and other resources used in an emergency; or

(d) ensure that someone is designated to discharge the responsibilities specified in paragraphs (a), (b),and (c).

10. The power to declare or renew a state of local emergency under the Act, the powers specified in Section 12 of this By-law, and the requirement specified in Section 15 of this By-law, are hereby delegated to a committee comprised of the Mayor or any single member of Council. This committee may, at any time when it is satisfied that an emergency exists or may exist, by resolution, make a declaration of a state of local emergency.

11. When a state of local emergency is declared, the person or persons making the declaration shall

(a) ensure that the declaration identifies the nature of the emergency and the area of the Village in which it exists;

(b) cause the details of the declaration to be published immediately by such means of communication considered most likely to notify the population of the area affected; and

(c) forward a copy of the declaration to the Minister forthwith.

12. Subject to Section 15, when a state of local emergency is declared, the person or persons making the declaration may

(a) cause the Municipal Emergency Plan or any related plans or programs to be put into operation;

(b) acquire or utilize any real or personal property considered necessary to prevent, combat or alleviate

the effects of an emergency or disaster;

(c) authorize or require any qualified person to render aid of a type he or she is qualified to provide;

(d) control or prohibit travel to or from any area of the Village;

(e) provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and co-ordinate emergency medical, welfare and other essential services in any part of the Village;

(f) cause evacuation of persons and the removal of livestock and personal property from any area of the Village that is or may be affected by a disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal property;

(g) authorize the entry into any building or on any land, without the warranty, by any person in the course of implementing and emergency plan or program;

(h) cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary or appropriate in order to reach the scene of a disaster, or to attempt to forestall its occurrence or to combat its progress;

(i) procure or fix prices for food, clothing, fuel, equipment, medical supplies, or other essential supplies and the use of any property, services, resources or equipment within the Village for the duration of the state of emergency;

(j) authorize the conscription of persons needed to meet an emergency; and

(k) authorize any persons at any time to exercise, in the operation of the Municipal Emergency Plan and related plans or programs, any power specified in Paragraphs (b) through (j) in relation to any part of the municipality affected by a declaration of a state of local emergency.

13. When a state of local emergency is declared,

(a) neither Council or any non member of Council, and

(b) no person appointed by Council to carry out measures relating to emergencies or disasters, is liable in respect of damage through any action taken under this By-law, nor are they subject to any proceedings by prohibition, certiorari, mandamus or injunction.

14. Not withstanding Section 13,

(a) Council and any member of Council, any

(b) any person acting under the direction or authorization of Council, is liable for gross negligence in carrying out their duties under this By-law.

15. When, in the opinion of the person or persons declaring the state of emergency, an emergency no longer exists in relation to which the declaration was made, they shall, by resolution, terminate the declaration.

16. A declaration of a state of local emergency is considered terminated and ceases to be of any force or effect when

(a) a resolution is passed under Section 15;

(b) a period of seven days has lapsed since it was declared, unless it is renewed by resolution;

(c) the Lieutenant Governor in Council makes an order for a state of emergency under the Act, relating to the same area; or

(d) the Minister cancels the state of local emergency.

17. When a declaration of a state of local emergency has been terminated, the person or persons who made the declaration shall cause the details of the termination to be published immediately by such means of communication considered most likely to notify the population of the area affected.

18. Upon the passing of By-law#481-0405, any other Bylaw of the Village of Elnora dealing with the establishment of an Disaster Services Agency is hereby rescinded.

This Bylaw comes into force on the day it is finally passed.

Read a first time this 8th day of June, A.D., 2004

Read a second time this 13th day of July, A.D., 2004

Read a third time and finally passed this 13th day of July, A.D., 2004

___________________________Mayor _____________________________Administrator

 


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BYLAW # 475-0304

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Being a bylaw of the Village of Elnora to provide for transference of any outstanding moneys owed on account to the Village of Elnora by a ratepayer in arrears onto taxes assessed against the real property of said ratepayer.

WHEREAS the provisions of this Bylaw conflict with the provisions of any other Bylaw of the Village of Elnora, this Bylaw shall prevail.

WHEREAS “account” shall refer to any dollar amount a rate payer owes the Village of Elnora for goods or services provided, including but not exclusive to water, sewer and garbage services, and has not yet paid.

WHEREAS “arrears” in reference ti any account held by a resident is determined to be over 365 days.

NOW THEREFORE

1) Any accounts held by a resident of the Village that are found to be in arrears may be added by resolution of Council to the taxes assessed against the real property of which the resident is the owner, and may be collected in any way provided for the collection of taxes according the Municipal Government Act, M26.1, and amendments thereto.

2) Any accounts that have been transferred to the roll of a property are subject to all penalties imposed on that account during the regular course of collection.

3) In addition to the methods outlined herein for the recovery of outstanding accounts, the Village reserves the right to discontinue services such as water/sewer and garbage pickup to any property where any charges for services or work remain outstanding for a period of more than 365 days.

Read a 1st time this 13th day of May, 2003

Read a 2nd time this 13th day of May, 2003

Read a 3rd and final time this 13th day of May, 2003 and finally passed.
_____________________________________

Mayor_____________________________________

Administrator


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BYLAW # 495-0807

OF THE VILLAGE OF ELNORA

IN THE PROVINCE OF ALBERTA

Being a bylaw of the Village of Elnora to authorize the rates of taxation to be levied against assessable property within the municipality for the 2008 taxation year

WHEREAS the Village of Elnora has prepared and adopted detailed estimates of the municipal revenues and expenditures as required, at the Council meeting held on May 13, 2008; and

WHEREAS the estimated municipal expenditures and transfers set out in the budget for the Village of Elnora for 2008 total $737,995; and

WHEREAS the estimated municipal revenues and transfers from all sources other than taxation is estimated $550,695, and the balance of $187,300 is to be raised by the general municipal taxation; and

WHEREAS the requisitions are:

Alberta School Foundation Fund (ASFF)

Residential/Farmland $32,191.47

Non-Residential $ 9,292.79

WHEREAS, the Council of the Village of Elnora is required each year to levy on the assessed value of all property, tax rates sufficient to meet the estimated expenditures and the requisitions; and

WHEREAS, the Council is authorized to classify assessed property, and to establish different rates of taxation in respect to each class of property, subject to the Municipal Government Act, Chapter M26, Revised Statutes of Alberta, 2000; and

WHEREAS, the assessed value of all property in the Village of Elnora as shown on the assessment roll is:

Assessment

Residential 15,363,530

Non-residential 2,109,150

Farmland 7,980

Machinery and Equipment 9,760

Provincial 382,140

Federal 90,590

17,963,150

NOW THEREFORE, under the authority of the Municipal Government Act, the Council of the Village of Elnora, in the Province of Alberta, enacts as follows:

1. That the Chief Administrative Officer is hereby authorized to levy the following rates of taxation on the assessed value of all property as shown on the assessment roll of the Village of Elnora:

Tax Levy Assessment Tax Rate

General Municipal $187,300.00 17,963,150 8.1174

ASFF

Residential/farmland $32,191.47 15,371,510 2.0942

Non-residential 9292.79 2,199.740 4.2244

Totals $41,484.26 11,591,930

2. That this bylaw shall take effect on the date of the third and final reading.

Read a 1st time this _____ day of May

Read a 2nd time this _____ day of May

Read a 3rd and final time this _____ day of May and finally passed.

_______________________________

Mayor_______________________________

Administrator

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VILLAGE OF ELNORA

THE LIVESTOCK AND FOWL BYLAW

BY-LAW NO. 493-0805

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, TO

REGULATE AND CONTROL LIVESTOCK, FOWL AND WILD ANIMALS.

GIVEN THAT Council considers it expedient and desirable to pass a bylaw respecting the

safety, health and welfare of people and the protection of people and property;

The Council of the Village of Elnora in open meeting assembled enacts as follows:

CITATION

1. This Bylaw may be cited as the “Livestock and Fowl Bylaw”.

DEFINITIONS

2. In this bylaw,

(a) “ANIMAL” includes livestock, fowl, and other wild or domestic animals

(b) “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Special Constable. A Bylaw Enforcement Officer is a Designated Officer.

                        (c) “COUNCIL” means the Municipal Council of the Village Of Elnora, in the Province of Alberta.

(d) “FOWL” includes chickens, turkeys, ducks, geese, grouse, ostriches, and any other bird that would ordinarily be associated as being a commercially farm raised bird.

(e) “KEEPER OR KEEPS” means to own, possess, harbour, maintain, or have control or custody of Livestock, Fowl or any Wild Animal(s) during any continuous period in excess of twenty-four (24) hours.

(f) “LIVESTOCK” includes, horses, mules, donkeys, cattle, goats, sheep, llamas, alpacas, pigs, deer, elk, bison, and any other animal that would be ordinarily associated as being a commercially farm raised animal.

(g) “OWNER” includes:

(i) a person who has the care, charge, custody, Possession, or control of Livestock, Fowl, or Wild Animals;

(ii) a person who owns or claims a proprietary interest in Livestock, Fowl, or Wild Animals;

(iii) a person who harbours, suffers, or permits Livestock, Fowl, or Wild Animals to be present on any property of the Owner or under that person’s control;

(iv) a person who claims and receives Livestock, Fowl, or Wild Animals from the custody of an animal shelter or a Bylaw Enforcement Officer.

(h) “POUND” means a place established for the impounding and keeping of Livestock, Fowl, or Wild Animals, in accordance with the provisions of this Bylaw.

(i) “POUND KEEPER” means any person duly authorized to operate a pound

and may include a Bylaw Enforcement Officer.

(j) “SPECIAL EVENTS” includes parades, fairs, circuses, livestock shows,

rodeo schools and auctions.

(k) “VILLAGE” means the Village of Elnora, in the Province of Alberta.

(l) “VIOLATION TICKET” means a ticket issued pursuant to Part 2 of the

Provincial Offences Procedure Act.

PROHIBITIONS AND EXEMPTIONS

3. The keeping of Livestock, Fowl, or Wild Animals, in the Village Of Elnora, is strictly prohibited except for Agricultural Zones.

4. A Bylaw Enforcement Officer shall impound at the pound any Livestock, Fowl, or Wild Animals found in the Village in contravention of this bylaw.

5. When any Livestock, Fowl, or other Wild Animals, is impounded, the Pound keeper shall immediately after impounding and before any sale thereof:

(a) cause to be posted in the Village Office and the municipal post office, a notice describing the animal impounded, including the estimated age, the sex, colour, and brand or other mark of identification of the animal and that he intends to sell the animal at a public auction to be held on the day stated therein; and

(b) mail a copy of the notice described in subsection (a) to the person believed to be the owner of the livestock, fowl, or wild animal.

6. The Pound keeper shall:

(a) Retain all impounded Livestock, Fowl, and other Wild Animals for a period of at least seven days including the day of mailing of the notice referred to in Section 5(b).

(b) Impounded Livestock, Fowl, or Wild Animal which, required and received Veterinarian care may not be redeemed except upon payment of the cost of such care.

(c) Impounded Livestock, Fowl, or Wild Animal which appears to be suffering from any disease shall be held subject to the jurisdiction of the Health of Animals Branch of the Department of Agriculture for an appropriate action under the ANIMAL CONTAGIOUS DISEASES ACT.

7. Every person removing or attempting to remove impounded Livestock, Fowl, or Wild

Animal from the possession of the Pound keeper without payment of all fines and fees,

is guilty of an offence and liable under conviction to a fine as provided in Schedule “A”, attached,

as may be amended from time to time by ordinary resolution of Council duly assembled.

OFFENCE PROVISIONS

8. On the date fixed in the notice described in Section 5 the animal may, unless redeemed,

be sold at public auction and the proceeds of such sale shall, after paying the cost of

impounding, maintaining and selling the animal, be paid by the Pound keeper:

  1. to the former Owner of the animal, if he files with the Pound keeper within thirty (30) days of the sale a statutory declaration stating that he was the Owner of the animal sold; or

  1. to the Village on the expiration of thirty (30) days from the date of the sale, if the former owner of the animal does not file a statutory declaration describing in subsection (a) within the time mentioned.

9. Bylaw Enforcement Officer may:

(a) Order the holder of a permit to remove from the Village any livestock owned by that holder that, is dangerous to the public; or

(b) If the holder of a permit does not obey an order of a Bylaw Enforcement Officer made pursuant to subsection (a), the Bylaw Enforcement Officer may impound the livestock in respect of which the order was made.

10. Livestock, Fowl, or Wild Animals found within the Village in contravention of the

Bylaw shall be impounded and kept, sold or destroyed by the Pound keeper.

11. In the event of an outbreak or a threatened outbreak of rabies or any disease affecting any animal and which may be transmitted to human beings, Council may, by resolution, order and direct that all animals shall be securely tied up by the Owner or shall be otherwise effectively confined. Any animal found Running At Large in contravention of this section shall be impounded.

12. When an animal under quarantine has been diagnosed as rabid, or is suspected by a licensed veterinarian as being rabid, and dies while under such observation, the Pound keeper shall immediately send the head of such animal to the appropriate health department for pathological examination and shall notify the Public Health Officer of reports, human contacts and the diagnosis made of the suspected animal.

13. During such period of rabies quarantine as mentioned, every animal bitten by an

animal adjudged to be rabid, shall be forthwith destroyed, or at the Owner’s expense

and option, shall be treated for rabies infection by a licensed veterinarian or held under

quarantine by the Owner in the same manner as other animals are quarantined.

14. Except as provided herein or in any other applicable legislation, no person shall kill, or cause to be

killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal

which has bitten a human; nor remove the same from the Village without written permission from

the Pound keeper.

15. The carcass of any dead animal exposed to rabies, shall upon demand, be surrendered to the

Pound keeper.

16. The Pound keeper shall direct the disposition of any animal found to be infected with rabies.

17. When, in the judgment of a licensed veterinarian an animal should be destroyed for humane

reasons, such animal may not be redeemed.

18. The Livery Stable Keepers Act applies mutatis mutandis for the purpose of recovering such

expenses and disposing of any surplus monies.

19. Every person wishing to bring animals associated with farming or circuses into the Village for

special events shall do so only in accordance with special events. Animals brought into the Village

for special events shall only be housed in areas in accordance with the Village Land Use Bylaw.

Persons under this section shall only be permitted to keep the animals in the Village one week

before the event, the day(s) of the event and one week after the event.

RELEASE OF IMPOUNDED LIVESTOCK, FOWL OR WILD ANIMALS

20. The Contractor or Pound Keeper shall retain all impounded Livestock, Fowl, and other Wild

Animals for a period up to seven days including day of mailing of the notice referred to in

Section 5(b). Sundays and Statutory holidays shall not be included in the computation of the

seven day period. During this period any healthy Animal may be redeemed by its Owner, upon

payment to the Contractor or Pound Keeper of the Kennel boarding fees as per contract rate for

every twenty-four (24) hour period or fraction thereof.

21. At the expiration of the three (3) day period any Animal not redeemed may be destroyed or sold.

22. The Bylaw Enforcement Officer or Contractor or Pound keeper shall report any apparent illness,

communicable disease, injury, or unhealthy condition of any Animal to a veterinarian and act

upon his recommendation. The Owner, if known, shall be held responsible for all expenses so

incurred.

OFFENCES AND FINES

23. Failure by an owner to comply with the provisions of the Bylaw may result in any one or more of

the following, in accordance with the provisions of Schedule “A”;

(a) The owner may be issued with a voluntary payment Ticket; or

(b) The owner may be issued a Court Summons in which case fines shall

be in accordance with the provisions of the Bylaw and costs as shall be

decided by a Court of Competent Jurisdiction.

24. The Bylaw Enforcement Officer may enforce the provisions of this Bylaw, and where a Bylaw

Enforcement Officer has reasonable grounds to believe that a provision of this bylaw has been

contravened, the Bylaw Enforcement Officer is authorized and empowered to immediately issue

a Violation Ticket, to every person who is responsible for the contravention.

25. A ticket shall be deemed to be sufficiently served:

(a) if served personally on the owner; or

(b) if mailed, 7 days following the ticket being sent to the address of the owner.

GENERAL

26. Every owner who shall hinder, delay or obstruct any person engaged in enforcing any provision of this Bylaw, or impounding any other animal liable to be impounded under the provisions of this Bylaw, shall, for each and every hindrance, delay or obstruction, be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.


27. Every owner who shall deliberately or willfully and with malicious intent, injure, hurt or otherwise harm any animal shall be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

SEVERABILITY

28. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the

invalid portion must be severed and the remainder of the Bylaw is deemed valid.

REPEAL

29. Bylaw No. 432, dated January 8th, 1991, “The Animal Control Bylaw” as amended, is repealed.

Read a 1st time this 8thday of April

Read a 2nd time this 16th day of April

Read a 3rd and final time this ___ day of_________ and finally passed.

 

_______________________________

Mayor_______________________________

CAO

SCHEDULE “A”

Penalties

First Offence Subsequent Offences

Impoundment fees $25.00 $25.00

(per day for each 24-hour period or part thereof).

Attempting to remove a Livestock or Fowl from the pound. $200.00 $300.00 or Court

The keeping of animals in contravention of this bylaw. $100.00 $200.00

Obstruction of a Bylaw Enforcement Officer $200.00 $300.00 or Court

Harm or abuse of animals. $500.00 Court

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VILLAGE OF ELNORA

THE CAT CONTROL BYLAW

BYLAW NUMBER 492-0804

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, TO REGULATE AND CONTROL, RESTRAIN THE RUNNING AT LARGE, LICENSING, AND IMPOUNDING OF CATS.

GIVEN THAT Council considers it expedient and desirable to pass a bylaw respecting the safety, health and welfare of people and the protection of people and property;

The Council of the Village of Elnora in open meeting assembled enacts as follows:

CITATION

1. This Bylaw may be cited as the “Cat Control Bylaw”.

DEFINITIONS

2. In this bylaw,

(a) “AT LARGE” means a Cat that is present at any place other than the property of it’s Owner and which is not being carried by any person, or is not otherwise restrained by a person controlling the Cat by means of a securely fastened leash.

(b) “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Special Constable. A Bylaw Enforcement Officer is a Designated Officer.


(c) “CAT” means either male or female of the feline family;

(d) “CONTRACTOR” means a person under contract by the Village to maintain and administer a pound facility or animal shelter for Cats.

(e) “COUNCIL” means the Municipal Council of the Village of Elnora, in the Province of Alberta.

(f) “KEEPER OR KEEPS” means to own, possess, harbor, maintain, or have control or custody of a Cat or Cats during any continuous period in excess of twenty-four (24) hours.

                        (g) “OWNER” includes:

(i) a person who has the care, charge, custody, Possession, or control of a Cat;

(ii) a person who owns or claims a proprietary interest in a Cat;

(iii) a person who harbors, suffers, or permits a Cat to be present on any property of the Owner or under that person’s control;

(iv) a person who claims and receives a Cat from the custody of an animal shelter or a Bylaw Enforcement Officer, or;

(v) a person to whom a license has been issued under Sections 3 to 9 of this bylaw.

 

(h) “POUND” means such place as may, from time to time, be established for the impounding and keeping of Cats, in accordance with the provisions of this Bylaw.


(i) “POUND KEEPER” means any person duly authorized to operate a pound and may include a Bylaw Enforcement Officer.

(j) “POSSESSION” includes:

(i) Exercising physical or effective control of a Cat;

(ii) Having been given physical or effective control of a Cat by it’s Owner for the purpose of controlling the Cat for a specific period of time.

 

(k) “PRIVATE PROPERTY” means all property within the Village other than property constituting Public Lands.

(l) “PUBLIC LANDS” includes all lands under the ownership and control of Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Alberta, or the Village.

(m) “SCHOOL GROUNDS” includes any public or private school and surrounding property that is controlled and maintained by the school and or school board.

 

(n) “TAG” means a current metal or other Tag issued by the Village to an Owner for each Cat he owns, and which bears a number corresponding to a number in the master register book.

(o) “VILLAGE” means the Village of Elnora, in the Province of Alberta;

(p) “VIOLATION TAG” means a written notice, in a form approved by the Chief Administrative Office, issued by a Bylaw Enforcement Officer, to advise a person that a violation of this Bylaw has occurred and that, by payment of a specified amount to the Village Office within a set time period, that person will avoid prosecution for the offence.

(q) “VIOLATION TICKET” means a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act.

LICENSING OF CATS

3. A resident of the Village, who is the Owner of any Cat aged six (6) weeks or older shall obtain a license for the Cat from the office of the Village as per Schedule “B”, attached, as may be amended from time to time by ordinary resolution of Council duly assembled.

4. The Owner of every Cat shall, annually, on or before the last day of February, renew the license for that Cat by submitting to the Village the annual licensing fee, as set out in Schedule “B”, along with any other information as may be required by the Village. A license shall be valid only for the year for which it was issued, regardless of actual date upon which the license was purchased;

5. Upon receipt of payment of the license fee for each Cat, a Tag marked with a number corresponding to the number assigned to the Cat in the master register book, shall be issued to the Owner;

6. Every Owner shall provide his Cat with a collar to which the Owner shall affix the

Tag for such Cat and the Owner shall ensure that the collar and Tag are worn during those occasions when the Cat is not on the Owner’s premises;

7. In case a Cat license Tag is lost or destroyed, a duplicate or replacement will be issued by the Village upon payment of the sum of five dollars ($5.00) by the Owner and provided the Owner can present a receipt of payment of the license fee for the current Cat license year or the Village administrative records indicate such payment was made;

 

8. Licenses and Tags are not transferable from one Cat to another and no refund shall be made on any paid up Cat license fee because of the death or sale of the Cat or upon the

Owner’s leaving the Village before expiration of the license period;

9. Every person that becomes the Owner of a Cat licensed under this Bylaw shall report the change of ownership to the licensing department of the Village and the Village shall transfer ownership of the license to that person, but no additional license fee shall be owing by that person to the Village for the year for which that license was purchased;

PROHIBITION AND EXEMPTIONS

10. Every resident of Elnora who is the Owner of a Cat is guilty of an offence if he fails to obtain a license for such Cat.

11. The Owner of a Cat is guilty of an offence if such Cat:

(a) runs At Large;

(b) is without a collar and Tag while off the premises of its Owner;

(c) is a Cat in heat and is not confined and housed in the residence of the Owner or in a licensed kennel during the whole of the heat period except for the sole purpose of defecating on the premises of the Owner;

(d) defecates on any Public Lands or Private Property other than the property of it’s Owner and the Owner or person in control of the Cat fails to immediately remove such defecation;

(e) is within a site containing playground apparatus and/or sand play area located on Public Lands or Private Property other than the property of its Owner;

(f) is on School Property unless otherwise permitted or allowed by the School Board;

(g) stalks or kills birds on Public Lands or Private Property;

(h) damages Public Lands or Private Property;

(i) bites any person or animal; and

(j) attacks or injures any person or animal.

12. The Owner of a Cat is guilty of an offence if the Owner:

(a) fails to provide identification (Name, Address, Date of birth and Cat Tag number) and proof thereof to a Bylaw Enforcement Officer;

(b) provides false or misleading information to a Bylaw Enforcement Officer.

13. No more than two (2) Cats shall be harbored, suffered, or permitted to remain upon or in any land, house, shelter, room or place, building structure, or premises within the Village unless:

(a) the Cats in excess of the limit are under six weeks of age and the offspring of a licensed Cat residing at the same location.

OFFENCE PROVISIONS

14. The Village of Elnora may arrange for a Pound to be established for the keeping and impounding of Cats and may do so by entering into an Agreement with a Contractor or Pound keeper. A Contractor or any such Pound keeper may make rules and regulations for the operation and management of the Pound, provided they are not inconsistent with this Bylaw.

15. The Bylaw Enforcement Officer shall seize and impound any Cat found At Large.

16. In the active pursuit of any Cat while that Cat is At Large, any Bylaw Enforcement Officer empowered to apprehend Cats under this Part is authorized to enter upon any lands surrounding any building at all reasonable times.

17. No person, whether or not he is the Owner of a Cat which is being or has been pursued or captured shall:

(a) Interfere with or attempt to obstruct a Bylaw Enforcement Officer who was attempting to capture or who has captured any Cat in accordance with the provisions of this Bylaw;

(b) Unlock or unlatch or otherwise open the motor vehicle in which Cats

captured for impoundment have been placed, so as to allow or attempt to

allow any Cat to escape; and


(c) Remove or attempt to remove any Cat from the Possession of the Bylaw Enforcement Officer or the Pound keeper.

RELEASE OF IMPOUNDED CATS

18. The Contractor or Pound keeper shall keep all impounded Cats for a period of no less than three (3) days, including the day of impounding. Sundays and Statutory holidays shall not be included in the computation of the three (3) day period. During this period any healthy Cat may be redeemed by its Owner, upon payment to the Contractor or Pound keeper of:

(a) The appropriate license fee when a Cat is not licensed; and

(b) Kennel boarding fees as per contract rate for every twenty-four (24) hour

period or fraction thereof.

19. At the expiration of the three (3) day period any Cat not redeemed may be destroyed or sold.

20. The Bylaw Enforcement Officer or Contractor or Pound keeper shall report any apparent illness, communicable disease, injury, or unhealthy condition of any Cat to a veterinarian and act upon his recommendation. The Owner, if known, shall be held responsible for all expenses so incurred.


OFFENCES AND FINES


21. Every person who contravenes any provision of this Bylaw may be deemed guilty of an offence and is liable on summary conviction to a penalty as set out in Schedule “A”, attached, as may be amended from time to time by ordinary resolution of Council duly assembled.


22. Every person who commits a second or subsequent offence under this Bylaw within twelve (12) months of committing a first offence under this Bylaw, may be liable to an increased fine as set out in Schedule “A”.


23. A Bylaw Enforcement Officer is authorized and empowered to issue a Violation Tag to every person who the Bylaw Enforcement Officer has reasonable and probable grounds to believe has contravened any provision of this bylaw;

24. A Violation Tag may be issued to such person:

(a) either personally;

(b) by mailing a copy to such person at his last known post office address; or

(c) upon retrieval of such person’s Cat from the Pound Facility.

25. The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:

(a) the name of the Owner;

(b) the offence;

(c) the appropriate penalty for the offence as specified in Schedule “A” of this Bylaw;

(d) that the penalty shall be paid within twenty-one (21) days of the issuance of the Violation Tag to avoid possible prosecution; and

(e) any other information as may be required by the Chief Administrative Officer.

26. Where a 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 the Village the penalty specified on the Violation Tag.

27. Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from immediately

issuing a Violation Ticket.

28. The Bylaw Enforcement Officer may enforce the provisions of this Bylaw, and where a Bylaw Enforcement Officer has reasonable grounds to believe that a provision of this Bylaw has been contravened, the Bylaw Enforcement Officer is authorized and empowered to immediately issue a Violation Ticket to every person who is responsible for the contravention.

29. Where a Violation Ticket has been issued to a person, that person may plead guilty to the offence by submitting to a Clerk of a Court of Competent Jurisdiction, the specified penalty set out in the Violation Ticket at any time prior to the appearance indicated on the Violation Ticket.

30. The Violation Ticket shall be served upon the person who is responsible for the contravention under the Bylaw.

31. Should any person be guilty of an offence for which no penalty is specified then such person shall be liable upon summary conviction to a fine of not more than five thousand dollars ($5000.00) and not less than five hundred dollars ($500.00).

GENERAL

32. Every owner who shall hinder, delay or obstruct any person engaged in enforcing any provision of this Bylaw, or impounding any other animal liable to be impounded under the provisions of this Bylaw, shall, for each and every hindrance, delay or obstruction, be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.


33. Every owner who shall deliberately or willfully and with malicious intent, injure, hurt or otherwise harm any animal shall be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

SEVERABILITY


34. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then

the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

REPEAL

35. Bylaw No.432, January 8th, 1991, “The Animal Control Bylaw” as amended, is repealed.

Read a first time in Open Council this 8th day of January, 2008.

Read a second time in Open Council this 16th day of April, 2008.

Read a third time in Open Council and finally passed this _____ day of _______________, 2008.

 ______________________________

Mayor______________________________

Administrator

 

SCHEDULE “A”

PENALTIES



INFRACTION

FIRST OFFENCE

SECOND OFFENCE

THIRD OFFENCE

PART 3


Section 1

Fail to obtain a cat license

$50.00

$100.00

$200.00

Section 2(a)

Cat runs at large

$50.00

$100.00

$200.00

Section 2(b)

Fail to ensure collar and tag worn on Cat

$50.00

$100.00

$200.00

Section 2(c)

Fail to confine Cat in heat

$100.00

$200.00

$300.00

Section 2(d)

Fail to immediately remove Cat’s defecation

$50.00

$100.00

$200.00

Section 2(e)

Cat in playground or sand area

$100.00

$200.00

$300.00

Section 2(f)

Cat stalks or kills birds on Public or Private Property

$100.00

$200.00

$300.00

Section 2(g)

Cat damages public or private property

$150.00

$300.00

Court

Section 2(h)

Cat bites any person or animal

Court

Court

Court

Section 2(i)

Cat attacks or injures any person or animal

Court

Court

Court

Section 3(a)

Fail to provide identification

$200.00

$400.00

Court

Section 3(b)

Providing false or misleading information

$200.00

$400.00

Court

Section 4

Harboring, suffering, or permitting more than three Cats at a residence.

$100.00

$200.00

$300.00

PART 4


Section 4(a)

Interfering with a Bylaw Enforcement Officer

$200.00

$400.00

Court

Section 4(b)

Unlocking or unlatching a vehicle with an impounded Cat

$200.00

$400.00

Court

Section 4(c)

Removing or attempting to remove a Cat from the possession of a Bylaw Enforcement Officer

$200.00

$400.00

Court

SCHEDULE “B”


Licensing fees for Cats in the Village of Elnora, Alberta are as follows:


1. For each neutered male cat or spayed female, if license is purchased:

(a) not later than the last day of February in each and every year $ 8.00

(b) remainder of the year $25.00


2. For each un-neutered male cat or un-spayed female, if license is purchased:

(a) not later than the last day of February in each and every year $10.00

(b) remainder of the year $30.00


3. For each neutered male cat or spayed female brought into the Village after

the last day of February in each and every year, if license is purchased:

(a) within sixty (60) days of entering the Village of Elnora $ 8.00

(b) remainder of the year $15.00

 

4. For each un-neutered male cat or unsprayed female brought into the Village

after the last day of February in each and every year, if license is purchased:

(a) within sixty (60) days of entering the Village Of Elnora $10.00

(b) remainder of the year $30.00

Replacement tags can be purchased for five dollars ($5.00) tag.

This schedule comes into effect this ______ day of _______________, 2008

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THE NUISANCE ABATEMENT BYLAW

BYLAW NUMBER 494-0806


A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF REGULATING, CONTROLLING, AND ABATING NUISANCES AND REMEDYING DANGEROUS AND UNSLIGHTLY PREMISES:

GIVEN THAT Council considers it expedient and desirable to regulate the state of maintenance of property and to regulate, control and abate Nuisances, Dangerous and Unsightly premises within the Village of Elnora;

The Council of the Village of Elnora in open meeting assembled enacts as follows:

CITATION
1. This Bylaw may be cited as the “Nuisance Abatement Bylaw”.

DEFINITIONS

2. In this bylaw,

(a) ADJACENT” means land that is contiguous to the land that is subject of a nuisance complaint and includes land, or a portion of land that would be contiguous, if not for a public road, railway, river or stream.

(b) “ABANDONED EQUIPMENT” means equipment or machinery, which has been rendered inoperative by reason of its disassembly, age or mechanical condition, and includes any household appliance stored outside of a residence or other building regardless of whether or not in an inoperative condition.

(c) “ABANDONED VEHICLE” means the whole or any part of any motor vehicle or farm implement that:

(i) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, or inoperative condition, and is not located in a building or located on the property such that it can be concealed from view; or

(ii) has no current license plate attached to it and in respect of which, no registration certificate has been issued for the current year.

(d) “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Special Constable. A Bylaw Enforcement Officer is a Designated Officer.

(e) “CHIEF ADMINISTRATIVE OFFICER” means a Municipal official, employed by the Village of Elnora in the position of Chief Administrative Officer or, in his/her absence, the person appointed as Acting Chief Administrative Officer.

(f) “COUNCIL” means the Municipal Council of the Village of Elnora, in the Province of Alberta.

(g) “DESIGNATED OFFICER” means a person appointed to a position.

(h) “NUISANCE” includes any use of or activity upon any property which is offensive to any person acting reasonably, or has or may be reasonably expected to have a detrimental impact upon any person or other property in the neighbourhood or is dangerous or an imminent danger to public health or safety, or materially depreciates the value of other land or improvements on adjacent land.

(i) “OCCUPANT” means any person other than the registered Owner who is in possession of the Property, including, a lessee, licensee, tenant or agent of the Owner.

(j) “ORDER” means an order as defined by the Municipal Government Act.

(k) “OWNER” means:

(i) in respect of unpatented land, the Crown,

(ii) in respect of other land, the person who is registered under the Land Titles Act as the owner of the fee simple estate in the land, and

(iii) in respect of any property other than land, the person in lawful possession of it.

(l) “PROPERTY” includes any lands, buildings, structures or premises, or any personal property located thereupon, within the municipal boundaries of the Village of Elnora.

(m) “PUBLIC LANDS” includes all lands under the ownership and control of Her Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of Alberta, or the Village.

(n) “REFUSE” includes all solid and liquid wastes, broken dishes, cans, glass, rags, cast-off clothing, waste paper, cardboard, containers, organic and inorganic yard and garden waste, garbage, fuels, chemicals, hazardous materials, abandoned vehicles, abandoned equipment, tires, manure sewage, animal carcasses, or any other form of waste or litter.


(o) “REASONABLE STATE OF REPAIR” means the condition of being:

                                  (i) structurally sound;

                                  (ii) free from damage;

                                  (iii) free from rot or other deterioration; and

                                  (iv) safe for its intended use.

(p) “UNSIGHTLY PREMISES” means any Property, whether land,

improvements to lands or buildings, personal property, or any other combination of the above, located on land within the Village that is unsightly to such an extent as to detrimentally affect the repose, amenities, use, value or enjoyment of the surrounding lands in reasonable proximity to the unsightly premises, or is otherwise detrimental to the surrounding area or in an unsightly condition.

(q) “VILLAGE” means the Village Of Elnora, a municipal corporation of the Province of Alberta and includes the area contained within the boundaries of the Village.

(r) “VIOLATION TAG” means a written notice, in a form approved by the Chief Administrative Office, issued by a Bylaw Enforcement Officer, to advise a person that a violation of the Bylaw has occurred and that, by

payment of a specified amount to the Office within a set time period, that person will avoid prosecution for the offence.

(s) “VIOLATION TICKET” means a ticket issued pursuant to the Provincial Offenses Procedure Act.

             PROHIBITION AND EXEMPTIONS

             3. An Owner or Occupant of Property shall not cause or allow that Property or his use of that Property to constitute a Nuisance, a Danger to public safety or an Unsightly Premise.

             4. No Person shall cause, permit or allow Refuse to collect, accumulate or be stored upon Property owned or occupied by him, or under his responsibility, or upon Public Lands, adjoining Property owned or occupied by him or under his responsibility, unless such a site is designated by the Village as a sanitary land fill site.

            5. No Person shall cause, permit or allow Refuse to accumulate in any building or structure within the Village, except in appropriate containers provided for the temporary storage of Refuse or other waste materials for pickup and disposal at a sanitary land fill, recycling centre or other waste management facility.

           6. Conditions constituting a Nuisance, Danger and Unsightly Premise may include:

(a) the storage, stockpile or accumulation and the failure to dispose of any Refuse and discarded or dilapidated furniture or household appliances, scrap metals, scrap lumber, tires, motor vehicle parts and other like objects in a wrecked, discarded, or abandoned condition;

(b) uncut grass or the presence of weeds, which in the opinion of the Bylaw Enforcement Officer, are excessive or which demonstrate neglect by the Owner;

(c) the growth of trees or shrubs in such a manner that they interfere with or endanger visibility to street signage or sidewalk or roadway clearance;

(d) the failure to remove dead or hazardous trees or vegetation which is dangerous to the public safety;

(e) the generation of excessive dust, smoke, steam or other noxious emissions and permitting such dust, smoke, steam or noxious emission to escape from the property;

(f) the presence of trees, shrubs, weeds or other vegetation which as a result its location on the Property has caused, or is causing damage to adjacent Property, including Public Lands;

(g) allowing a hole, excavation or accumulation of material that may be dangerous to public safety or health, to exist on property;

(h) allowing conditions that result in an infestation of harmful rodents, vermin or insects on property;

(i) the posting or exhibiting of any poster, sign, billboard, placard, writing, drawing or painting, or any signs or messages or pictures upon the property, where the same becomes in a dilapidated and unsightly condition.

   (j) the failure to dispose of Refuse or other waste products accumulating in temporary storage containers upon the Property;

    (k) the lack of repair or maintenance of buildings, structures or Property, including:

(i) the significant deterioration of buildings, structures or improvements, or portions of buildings, structures or improvements resulting in a situation hazardous to personal or public safety;

(ii) broken or missing windows, siding, shingles, shutters, eaves or other building material; or

(iii) fading, chipping or peeling of painted areas of buildings, structures or improvements on Property over greater than 25% of the entire structure.

            (l) the presence of excavations, structures, materials or any other hazard or condition which poses a danger to public safety.

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SNOW ON SIDEWALKS

7. An Owner shall ensure the removal from any improved public sidewalk

located adjacent to the Property, including private driveway crossings, all

snow and ice deposited, whether from natural or unnatural means, within

24 hours of deposit.

8. For the purpose of Section 7, snow and ice will be considered removed

when the sidewalk is cleaned for the entire width of the sidewalk to the

sidewalk surface as completely as reasonably possible.

9. For the purpose of Section 7, in the case of a sidewalk being below grade

resulting in repeated coverage by ice or water through drainage of melted

snow or rain, the sidewalk must be cleaned as completely as reasonably

possible and a non-slip, non-corrosive material such as sand or similar material must be

 scattered on the surface of the sidewalk as frequently as required to maximize traction for pedestrians.

                                        10. For the purpose of Section 7, where an Owner reasonably anticipates being absent, the Owner must make arrangements

                                        to ensure the sidewalks are maintained in   accordance with this Bylaw.

CONSTRUCTION SITES

11. An Owner shall ensure that building material on a property is removed or

contained and secured in such a manner that prevents such material from

being blown off or scattered from the property.

MAINTENANCE STANDARDS IN URBAN AREAS

12. All buildings, structures and improvements to Property in Urban Areas be

maintained so that;

                (a) the foundations;

(b) exterior walls;

(c) roof;

(d) windows, including frames, shutters and awnings;

(e) doors, including frames and awnings;

(f) steps and sidewalks; and

(g) fences

are kept in a Reasonable State of Repair.

13. All fixtures, improvements, renovations, or additions to any building, structure

or improvement on Property:

(a) exterior stairs;

(b) porches;

(c) decks;

(d) patios;

(e) landings;

(f) balconies; or

(g) other similar structures

shall be maintained in a Reasonable State of Repair.

14. 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 Property.

15. The Owner of a Property that carries on, or permits the carrying on of any

activities referred to in Section 14, of this Bylaw shall ensure that all

reasonable steps are taken to minimize the duration and visual impact of

any resulting untidiness or unsightliness of the Property.

16. Whether or not an Owner has taken “all reasonable steps” to minimize the

the duration and visual impact of any resulting untidiness or unsightliness of a Property, as referred to in Section 15, of this Bylaw, is a question of fact to be determined by the Court of Competent Jurisdiction hearing a prosecution, or the person or body hearing an Appeal, pursuant to the provisions of this Bylaw.

OFFENCE PROVISIONS

                                        17. A Bylaw Enforcement Officer may, for the purpose of ensuring that the provisions of this Bylaw are being complied with, may enter in or upon any            Property, to carry out an inspection, for enforcement purposes, or other action as may be required.

18. When exercising his authority to enter onto Property for inspection or

enforcement under Section 17, a Bylaw Enforcement Officer shall provide the Owner or Occupant of the Property with reasonable notice.

19. The Bylaw Enforcement Officer must display or produce, on request, identification showing that the person is authorized to make the entry.

                                        20. In an emergency or in extraordinary circumstances, the Bylaw Enforcement Officer need not give reasonable notice or enter at a reasonable hour and may do the things in Section 17, without the consent of the owner or occupant.

                                        21. Every Owner or Occupant who contravenes this Bylaw may be issued an Order by a Bylaw Enforcement Officer to remedy the contravention in any manner deemed necessary in the circumstances.

                                        22. The Order issued by a Bylaw Enforcement Officer under Section 21 may, in the case of a Nuisance:

(a) direct an Owner to stop doing something, or change the way in which the Owner is doing that thing;

(b) direct an Owner to take any action or measure necessary to remedy contravention of this Bylaw, including the removal, demolition of a building, structure or improvement that has been erected or placed in contravention of this Bylaw and, if necessary, to prevent the recurrence of the contravention;

(c) state a time within which the Owner or Occupant must comply with directions;

(d) state that if the Owner or Occupant does not comply with the directions within the specified time, the Village may take action for measures at the expense of the Owner or Occupant, the said expense being recovered in accordance with the provisions of this Bylaw, and;

(e) shall notify the Owner of the right to apply by written notice for a

review of the Order to the Chief Administrative Officer, and the required fee for such an application, as set out in Schedule “B” attached, Fees and Charges of this Bylaw, as may be amended from time to time by ordinary resolution of Council duly assembled.

                                        23. If, any Property within the Village is an Unsightly Premise, or any building, structure, improvement, personal property, excavation or hole is a danger to public safety, the Bylaw Enforcement Officer may by written Order;

(a) require the Owner or Occupant of the Unsightly Premises to

remove or demolish the Unsightly Premises;

(b) require the Owner or Occupant of the Unsightly Premises to improve the appearance of the Property in the manner specified, or if the Property is a building, structure or improvement, to remove or demolish that building structure or improvement and level the site;

(c) require the Owner or Occupant of the Property to eliminate the danger to public safety in the manner specified, or to remove or demolish the building, structure or improvement and level the site;

(d) require the Owner or Occupant of the Property that contains an excavation or hole to eliminate the danger to public safety in the manner specified, or to fill in the excavation of hole and level the site;

(e) state a time within which the Owner or Occupant must comply with the Order;

(f) state that if the Owner or Occupant does not comply with the Order within the time specified, the Village may take action or measures at the expense of the Owner or Occupant, the said expenses being recoverable in accordance with the provisions of this Bylaw, and;

(g) shall notify the Owner or Occupant of the right to apply by written notice for a review of the Order, and the required fee for such application, as set out in Schedule “B”, attached.

24. An Owner or Occupant who receives a written Order under this part may request

a review of the Order by giving a written request to the Chief Administrative Officer within fourteen (14) days of the day on which the Order is received.

                                        25. An Owner or Occupant or other person affected by the decision under Section 24 may appeal to the Court of competent jurisdiction, within the time period set out if:

                (a) the procedure required to be followed by this Bylaw was not followed; or

(b) the decision was patently unreasonable

26. The application for appeal must state the reasons for the appeal.

27. The Court may:

(a) confirm the decision; or

                (b) declare the decision invalid and send the matter back to Council with directions

28. The expenses and costs of any action or measures taken by the Village under

this Bylaw are an amount owing to the Village by the Owner, Occupant or any

other Person in contravention of the Bylaw.

29. If the Village sells all or part of a building, structure or improvement that has been

removed under this Bylaw, the proceeds of the sale must be used to pay the

expenses and costs of the removal and any excess proceeds must be paid to the

Owner or Occupant if entitled to them.

30. The expenses and costs incurred by the Village in the enforcement of this Bylaw may be collected as a civil debt or added to the tax roll of the Property that is the

subject of the enforcement proceedings under the Bylaw.

31. The Village may register a caveat under the Land Titles Act in respect of an Order

issued under this Bylaw against the Certificate of Title for the Property that is the

subject of the Order.

32. If the Village registers a caveat under Section 31 of this Bylaw, the Village must

discharge the caveat when the Order has been complied with or when the Village

has performed the actions or measures referred in the Order.

33. An Order under this Bylaw may be served on an Owner or Occupant, and is

deemed to have been served on the Owner or Occupant, when the Order has been:

(a) personally delivered to the Owner or Occupant;

                (b) left for the Owner or Occupant at his residence with a person on the premises who appears to be at least eighteen (18) years of age;

                (c) sent via registered mail addressed to the last known postal address of the Owner or Occupant; or

                (d) posted in a conspicuous place on the Property referred to on the Order when the Bylaw Officer has reason to believe:

(i) that the Owner or Occupant to who the Order is addressed is evading service; or

        (ii) no other means of services available.

34. If an Order is sent via registered mail as referred to in Section 33(c), then it is

deemed to be received by the Owner or Occupant five working (5) days after the Order was mailed.

OFFENCES AND FINES

                                        35. Despite whether an Order has been issued under OFFENCE PROVISIONS of this Bylaw, every Person who contravenes any provision of this Bylaw may be found guilty of an offence and be liable, on summary conviction, to pay a penalty as set out in Schedule “B”, attached.

VIOLATION TAGS

36. A Bylaw Enforcement Officer is authorized and empowered to issue a

Violation Tag to every Person, who the Officer has reasonable and probable

grounds to believe has contravened any provision of this Bylaw.

37. A Violation Tag shall be served upon such a Person personally, or in the case of

a corporation, by serving the Violation Tag personally upon the Manager,

Secretary or other Executive Officer, or Person apparently in charge of a branch

office, by mailing a copy to such Person by registered mail, or the case of an

individual, by leaving it with a Person on the premises who has the appearance

of being at least eighteen (18) years of age.

38. The Violation Tag shall be in a form approved by the Chief Administrative

Officer and shall state:

(a) the name of the Owner and/or Occupant of the Property;

(b) a description of the Property;

(c) the offence;

(d) the appropriate penalty for the offence as specified in Schedule “B;

(e) that the penalty shall be paid within twenty one (21) days of the issuance of the Violation Tags; and

(f) any other information as may be required by the Chief Administrative Officer.

39. Where a contravention of this Bylaw is of a continuing nature, further Violation

Tags may be issued by the Bylaw Enforcement Officer, provided however, that

no more than one Violation Tag shall be issued for each day that the

contravention continues.

                 40. Where a Violation Tag is issued pursuant to Section 36 or 37 of this Bylaw, the Person to whom a Violation Tag is issued may, in lieu of being prosecuted for the

offence, pay to the Chief Administrative Officer the penalty specified on the

Violation Tag.

VIOLATION TICKET

41. In those cases where a Violation Tag has been issued and the penalties specified

on the Violation Tag has not been paid within the prescribed time, then a Bylaw

Enforcement Officer is authorized and empowered to issue a Violation Ticket.

                 42. Despite Section 36 of this Bylaw, a Bylaw Enforcement Officer is hereby authorized and empowered to immediately issue a Violation Ticket to every

person whom the Bylaw Enforcement Officer has reasonable and probable

grounds to believe has contravened any provision of this Bylaw.

APPEAL PROCEDURE

43. Every person who received a written Violation Tag under this Bylaw may request

Council to review the clean-up order by giving a written request to the Chief

Administrative Officer within fourteen (14) days of the date the clean-up order was sent.

44. After reviewing the clean-up order, Council may confirm, vary, substitute or

cancel the order.

45. Appeal of Council’s decision may be made by a person affected by the decision

of Council to the Court of competent jurisdiction with thirty (30) days of the date the decision is sent to the person if:

(a) the procedure required to be followed by this Bylaw is not followed, or

                       (b) the decision is patently unreasonable.

            46. The application for the appeal to the Court of competent jurisdiction must state the reason for the appeal.

47. The court of competent jurisdiction may:

(a) confirm the decision of Council

(b) declare the decision invalid and send the mater back to Council with direction.

GENERAL

              48. Schedule “A” and Schedule “B” to this Bylaw may be amended, from time to time, by resolution of Council and any such amendment shall form part of this Bylaw.

               SEVERABILITY

                49. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

REPEAL

50. Bylaw No.345, February 10th, 1976, as amended, is repealed.

Read a 1st time this ___day of _________

Read a 2nd time this___ day of_________

Read a 3rd and final time this ___ day of_________ and finally passed.

 _______________________________ ____________________________

Mayor Administrator

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BYLAW NO. 494-0806

(Nuisance Abatement)

SCHEDULE “A”


VILLAGE OF ELNORA

NUISANCE ABATEMENT NOTICE

(VIOLATION TAG)


Dated:__________________________

To:_____________________________

And To:_________________________


With respect to those premises located at:

_______________________________________________________________________


Pursuant to the Nuisance Abatement Bylaw of the Village of Elnora, the above referenced persons as owner, agent, lessee or occupier of land or premises with the Village of Elnora shall remedy the following condition(s) on the above-said land or premises on or before_________________________________________________:


In the event the above conditions are not remedied within the deadline set out above, the

Village may thereafter immediately cause to be done any work necessary to remedy the

condition, and the cost will be charged to you and other fines and penalties may result as

permitted by the Nuisance Abatement Bylaw.


If you feel yourself aggrieved by this Notice, you may appeal the notice by delivering a written appeal in person or by mail to the Chief Administrative Officer at Box 629, Elnora, Alberta, T0M 0Y0, within 14 days of the date this notice was sent.

Bylaw Officer

Tel: _______________

BYLAW NO. 494-0806

(NUISANCE ABATEMENT)

SCHEDULE “B”

FEE SCHEDULE

Every owner/occupant that does not comply with the directions set out by the Nuisance Abatement Bylaw may be subject to a fine of:

a. $50.00 plus $25.00 per hour for employee wages, for the first offence; and

b. $100.00 plus $25.00 per hour for employee wages, for any subsequent offences

NOTE TO COUNCIL: Please confirm fees



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                                                                                VILLAGE OF ELNORA

THE DOG CONTROL BYLAW

BYLAW NUMBER 491-0803

 

A BYLAW OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, TO REGULATE AND CONTROL, RESTRAIN THE RUNNING AT LARGE, LICENSING, AND IMPOUNDING OF DOGS.

GIVEN THAT Council considers it expedient and desirable to pass a bylaw respecting the safety, health and welfare of people and the protection of people and property;

The Council of the Village of Elnora in open meeting assembled enacts as follows:

CITATION

1. This Bylaw may be cited as the “Dog Control Bylaw”.

DEFINITIONS

           2. In this bylaw,

(a) “AT LARGE” means a Dog that is present at any place other than the property of it’s Owner and which is not being carried by any person, or is not otherwise restrained by a person controlling the Dog by means of a securely fastened leash all of the time.

(b) “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Community Peace Officer. A Bylaw Enforcement Officer is a Designated Officer.

(c) “CONTRACTOR” means a person under contract by the Village to maintain and

administer a pound facility or animal shelter for Dogs.

(d) “COUNCIL” means the Municipal Council of the Village of Elnora, in the

Province of Alberta.

(e) “DESIGNATED OFFICER” means a person appointed to a position.

(f) “DOG” means either male or female of the canine family;

(g) “KEEPER OR KEEPS” means to own, possess, harbour, maintain, or have control or custody of a Dog or Dogs during any continuous period in excess of twenty-four (24) hours.

(h) “OWNER” includes:

(i) a person who has the care, charge, custody, Possession, or control of a Dog;

(ii) a person who owns or claims a proprietary interest in a Dog;

(iii) a person who harbours, suffers, or permits a Dog to be present on any property of the Owner or under that person’s control;

(iv) a person who claims and receives a Dog from the custody of an animal shelter or a Bylaw Enforcement Officer, or;

(v) a person to whom a license has been issued under Sections 3 to 10 of this bylaw.

(i) “POUND” means such place as may, from time to time, be established for the impounding and keeping of Dogs, in accordance with the provisions of this Bylaw.

(j) “POUND KEEPER” means any person or persons duly authorized to operate a pound and may include a Bylaw Enforcement Officer.

(k) “POSSESSION” includes:

(i) Exercising physical or effective control of a Dog;

(ii) Having been given physical or effective control of a Dog by its Owner for the purpose of controlling the Dog for a specific period of time.

(l) “PRIVATE PROPERTY” means all property within the Village other than property constituting Public Lands.

(m) “PUBLIC LANDS” includes all lands under the ownership and control of Her

Majesty the Queen in Right of Canada, Her Majesty the Queen in Right of

Alberta, or the Village.

(n) “SCHOOL GROUNDS” includes any public or private school and surrounding property that is controlled and maintained by the school and or school board.

(o) “TAG” means a current metal or other Tag issued by the Village to an Owner for

each Dog he owns, and which bears a number corresponding to a number in the master register book.

(p) “VILLAGE” means the Village of Elnora, in the Province of Alberta.

(q) “VIOLATION TAG” means a written notice, in a form approved by the Chief Administrative Office, issued by a Bylaw Enforcement Officer, to advise a person that a violation of this Bylaw has occurred and that, by payment of a specified amount to the Office within a set time period, that person will avoid prosecution for the offence.

(r) “VIOLATION TICKET” means a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act.


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LICENSING OF DOGS

        3. A resident of Elnora who is the Owner of any Dog aged six (6) weeks or older shall obtain a license for the Dog from the office of the Village of Elnora as per Schedule “B”, attached, as may be amended from time to time by ordinary resolution of Council duly assembled.

        4. The Owner of every Dog shall, annually, on or before the last day of February, renew the license for that Dog by submitting to the Village the annual licensing fee, as set out in Schedule “B”, along with any other information as may be required by the Village. A license shall be valid only for the year for which it was issued, regardless of actual date upon which the license was purchased;

        5. Upon receipt of payment of the license fee for each Dog, marked with a number corresponding to the number assigned to the Dog in the master register book, shall be issued to the Owner;

        6. Every Owner shall provide his Dog with a collar to which the Owner shall affix the Tag for such Dog and the Owner shall ensure that the collar and Tag are worn during those occasions when the Dog is not on the Owner’s premises;

        7. In case a Dog license Tag is lost or destroyed, a duplicate or replacement will be issued by the Village upon payment of the sum of five dollars ($5.00) by the Owner and provided the Owner can present a receipt of payment of the license fee for the current Dog license year or the administrative records indicate such payment was made;

        8. Licenses and Tags are not transferable from one Dog to another and no refund shall be made on any paid up Dog license fee because of the death or sale of the Dog or upon the

Owner’s leaving the Village before expiration of the license period;

        9. Every person that becomes the Owner of a Dog licensed under this Bylaw shall report the change of ownership to the licensing department of the Village and the Village shall transfer ownership of the license to that person, but no additional license fee shall be owing by that person to the Village for the year for which that license was purchased;

        10. A registered guide Dog owned by a blind person shall be issued a license free of charge.

PROHIBITION AND EXEMPTIONS

        11. Every resident of Elnora who is the Owner of a Dog is guilty of an offence if he fails to obtain a license for such Dog.

        12. The Owner of a Dog is guilty of an offence if such Dog:

(a) runs At Large;

(b) is without a collar and Tag while off the premises of its Owner;

(c) is a Dog in heat and is not confined and housed in the residence of the Owner or in a licensed kennel during the whole of the heat period except for the sole purpose of defecating on the premises of the Owner;

(d) defecates on any Public Lands or Private Property other than the property of it’s Owner and the Owner or person in control of the Dog fails to immediately remove such defecation. This provision shall not apply to a registered guide Dog while it is assisting a blind person;

(e) is on school property unless otherwise permitted or allowed by the School Board;

(f) is within a site containing playground apparatus and/or sand play area located on Public Lands or Private Property other than the property of its Owner;

(g) barks or howls so as in the opinion of the Bylaw Enforcement Officer based on information gathered to cause an unreasonable disturbance given, but not limited to, location, circumstances, time of day, and duration;

(h) damages Public Lands or Private Property;

(i) chases any person, animal, bicycle, or motor vehicle;

(j) bites any person or animal; and

(k) attacks or injures any person or animal.

13. The Owner of a Dog is guilty of an offence if the Owner:

(a) fails to provide identification (Name, Address, Date of birth and Dog Tag number) and proof thereof to a Bylaw Enforcement Officer;

  1. provides false or misleading information to a Bylaw Enforcement Officer.

        14. No more than two (2) Dogs shall be harboured, suffered, or permitted to remain upon or in any land, house, shelter, room or place, building structure, or premises within the Village unless:

(a) the Dogs in excess of the limit are under six weeks of age and the offspring of a licensed Dog residing at the same location.

        OFFENCE PROVISIONS

         15. The Village of Elnora may arrange for a Pound to be established for the keeping and impounding of Dogs and may do so by entering into an agreement with a Contractor and/or Pound keeper. A Contractor or any such Pound keeper may make rules and regulations for the operation and management of the Pound, provided they are not inconsistent with this Bylaw.

        16. The Bylaw Enforcement Officer shall seize and impound any Dog found At Large.

        17. In the active pursuit of any Dog while that Dog is At Large, any Bylaw Enforcement Officer empowered to apprehend Dogs under this Part is authorized to enter upon any lands surrounding any building at all reasonable times.

        18. No person, whether or not he is the Owner of a Dog which is being or has been pursued or captured shall:

(a) Interfere with or attempt to obstruct a Bylaw Enforcement Officer who was attempting to capture or who has captured any Dog in accordance with the provisions of this Bylaw;

(b) Unlock or unlatch or otherwise open the motor vehicle in which Dogs captured for impoundment have been placed, so as to allow or attempt to allow any Dog to escape; and

(c) Remove or attempt to remove any Dog from the Possession of the Bylaw Enforcement Officer and/or the Pound keeper.

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RELEASE OF IMPOUNDED DOGS

        19. The Contractor or Pound keeper shall keep all impounded Dogs for a period of no less than three (3) days, including the day of impounding. Sundays and Statutory holidays shall not be included in the computation of the three (3) day period. During this period any healthy Dog may be redeemed by its Owner, upon payment to the Contractor or Pound keeper of:

(a) The appropriate license fee when a Dog is not licensed; and

(b) Kennel boarding fees as per contract rate for every twenty-four (24) hour

                             period or fraction thereof.

        20. At the expiration of the three (3) day period any Dog not redeemed may be destroyed or sold.

        21. The Bylaw Enforcement Officer or Contractor or Pound keeper shall report any apparent illness, communicable disease, injury, or unhealthy condition of any Dog to a veterinarian and act upon his recommendation. The Owner, if known, shall be held responsible for all expenses so incurred.

            OFFENCES AND FINES

        22. Every person who contravenes any provision of this Bylaw may be deemed guilty of an offence and is liable on summary conviction to a penalty as set out in Schedule “A”, attached, as may be amended from time to time by ordinary resolution of Council duly assembled.

        23. Every person who commits a second or subsequent offence under this Bylaw within twelve (12) months of committing a first offence under this Bylaw, may be liable to an increased fine as set out in Schedule “A”.

        24. A Bylaw Enforcement Officer is authorized and empowered to issue a Violation Tag to every person who the Bylaw Enforcement Officer has reasonable and probable grounds to believer has contravened any provision of this bylaw.

        25. A Violation Tag may be issued to such person:

(a) either personally;

(b) by mailing a copy to such person at his last known post office address; or

(c) upon retrieval of such person’s Dog from the Pound Facility.

        26. The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:

(a) the name of the Owner;

(b) the offence;

(c) the appropriate penalty for the offence as specified in Schedule “A” of this Bylaw;

(d) that the penalty shall be paid within twenty-one (21) days of the issuance of the Violation Tag to avoid possible prosecution; and

(e) any other information as may be required by the Chief Administrative Officer.

        27. Where a 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 the Village the penalty specified on the Violation Tag.

        28. Nothing in this Bylaw shall prevent a Bylaw Enforcement Officer from immediately issuing a Violation Ticket.

        29. The Bylaw Enforcement Officer may enforce the provisions of this Bylaw, and where a Bylaw Enforcement Officer has reasonable grounds to believe that a provision of this bylaw has been contravened, the Bylaw Enforcement Officer is authorized and empowered to immediately issue a Violation Ticket, to every person who is responsible for the contravention.

        30. Where a Violation Ticket has been issued to a person, that person may plead guilty to the offence by submitting to the Clerk of a Court of Competent Jurisdiction the specified penalty set out in the Violation Ticket at any time prior to the appearance indicated on the Violation Ticket.

        31. The Violation Ticket shall be served upon the person who is responsible for the contravention under the Bylaw.

        32. Should any person be guilty of an offence for which no penalty is specified then such person shall be liable upon summary conviction to a fine of not more than five thousand dollars ($5000.00) and not less than five hundred dollars ($500.00).

           GENERAL

        33. Every owner who shall hinder, delay or obstruct any person engaged in enforcing any provision of this Bylaw, or impounding any other animal liable to be impounded under the provisions of this Bylaw, shall, for each and every hindrance, delay or obstruction, be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

        34. Every owner who shall deliberately or wilfully and with malicious intent, injure, hurt or otherwise harm any animal shall be guilty of an offence and liable upon conviction to a fine as provided in Schedule “A”.

          SEVERABILITY

36. If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then

the invalid portion must be severed and the remainder of the Bylaw is deemed valid.

          REPEAL

        37. Bylaw No. 432, dated January 8th, 1991, “The Animal Control Bylaw” as amended, is repealed.

Read a first time in Council this ____ day of ____________________, 2008

        Read a second time in Council this ____ day of __________________, 2008.

        Read a third time in Council and finally passed this ____ day of ______________, 2008.

        This Bylaw shall come into full force and effect on the ____ day of ________________, 2008.
_____________________________

        Mayor
_____________________________

        CAO
SCHEDULE “A”

 

PENALTIES



INFRACTION

FIRST OFFENCE

SECOND OFFENCE

THIRD OFFENCE

PART 3


Section 1

Fail to obtain a dog license

$50.00

$100.00

$200.00

Section 2(a)

Dog runs at large

$50.00

$100.00

$200.00

Section 2(b)

Fail to ensure collar and tag worn on dog

$50.00

$100.00

$200.00

Section 2(c)

Fail to confine dog in heat

$100.00

$200.00

$300.00

Section 2(d)

Fail to immediately remove dog’s defecation

$50.00

$100.00

$200.00

Section 2(g)

Dog barks or howls so as to disturb any person

$100.00

$200.00

$300.00

Section 2(h)

Dog damages public or private property

$150.00

$300.00

Court

Section 2(i)

Dog chases any person, animal, bicycle, or motor vehicle

$200.00

$400.00

Court

Section 2(j)

Dog bites any person or animal

Court

Court

Court

Section 2(k)

Dog attacks or injures any person or animal

Court

Court

Court

Section 3(a)

Fail to provide identification

$200.00

$400.00

Court

Section 3(b)

Providing false or misleading information

$200.00

$400.00

Court

Section 4

Harbouring, suffering, or permitting more than two dogs at a residence.

$100.00

$200.00

$300.00

PART 4


Section 4(a)

Interfering with a Bylaw Enforcement Officer

$200.00

$400.00

Court

Section 4(b)

Unlocking or unlatching a vehicle with an impounded dog

$200.00

$400.00

Court

Section 4(c)

Removing or attempting to remove a dog from the possession of a Bylaw Enforcement Officer

$200.00

$400.00

Court


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SCHEDULE “B”

Licensing fees for Dogs in the Village of Elnora, Alberta are as follows:

1. For each neutered male dog or spayed female, if license is purchased:

(a) not later than the last day of February in each and every year $ 8.00

(b) remainder of the year $25.00

2. For each un-neutered male dog or un-spayed female, if license is purchased:

(a) not later than the last day of February in each and every year $10.00

(b) remainder of the year $30.00

3. For each neutered male dog or spayed female brought into the Village after

the last day of February in each and every year, if license is purchased:

(a) within sixty (60) days of entering the Village of Elnora $ 8.00

(b) remainder of the year $15.00

4. For each un-neutered male dog or unsprayed female brought into the Village

after the last day of February in each and every year, if license is purchased:

(a) within sixty (60) days of entering the Village Of Elnora $10.00

(b) remainder of the year $30.00

Replacement tags can be purchased for five dollars ($5.00) tag.

                                     This schedule comes into effect this ______ day of _______________, 2008

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VILLAGE OF ELNORA

THE TRAFFIC CONTROL BYLAW

BY-LAW NUMBER 498-0810

BY-LAW NUMBER 498-0810 OF THE VILLAGE OF ELNORA, IN THE PROVINCE OF ALBERTA, BEING A BYLAW TO RESCIND AND REPLACE THE ELNORA OFF HIGHWAY VEHICLE BYLAW NO. 451-9701 AND ANY AMENDMENTS HERETO.

WHEREAS, the Provincial Government of Alberta gives the Municipalities the power to enact Bylaws according to the Municipal Government Act, Revised statutes of Albert 2000, Chapter M-26, Section 7 “A Council may pass Bylaws that are considered expedient and are not contrary to this or any other Act”;

AND WHEREAS, Section 7(i) of the municipal Government Act gives Municipalities the power to impose fines and penalties for infractions of their Bylaw;

AND WHEREAS, the Traffic Safety Act, reads “the Council of a Municipality may, with respect to a highway under its direction, control and management, make bylaws that are not inconsistent with this act;”

AND WHEREAS, the Council of the Village of Elnora deems it necessary to rescind and replace the Off Highway Vehicle Bylaw Number 451-9701, with the following provisions;

NOW THEREFORE, the Municipal Council of the Village of Elnora duly assembled in open Council enacts as follows:

CITATION  

This Bylaw may be cited as the “Traffic Control Bylaw”.

DEFINITIONS

The provisions and regulations of the Traffic Safety Act as amended are hereby expressly incorporated into this Bylaw, including the following definitions;

(a)        “BYLAW ENFORCEMENT OFFICER” means an employee or independent contractor appointed by the Village to enforce the provision of the Village Bylaws, and includes a member of the Royal Canadian Mounted Police, and when authorized a Community Peace Officer.  A Bylaw Enforcement Officer is a Designated Officer for the purposes of s.542 of the Municipal Government Act;

(b)        “CHIEF ADMINISTRATIVE OFFICER” means the Chief Administrative Officer or his delegate appointed for the Village of Elnora, Alberta;

(c)        “COUNCIL” means the Council of the Village of Elnora, Alberta;

(d)       “RECREATION VEHICLE” means a vehicle used or intended for use as a shelter, and without restricting the generality of the foregoing, includes any motor home, holiday travel trailer, camper, tent trailer or any van, bus or truck converted for use as a recreation vehicle;

(e)        “VILLAGE” means the Village of Elnora, a municipal corporation of the Province of Alberta or the corporate limits of the Village of Elnora, as the context requires;

(f)        “VILLAGE EMPLOYEE” means a person hired by the Chief Administrative Officer or Council being part of a workforce for the Village, be it a permanent full time or part time employee.

SECTIONS

1.         No person shall park a vehicle upon any highway within the Village;

(a)        in any truck loading space properly marked by sign(s) indicating the restrictions which may apply hereto, the exception being trucks properly parked in a loading zone that are unloading or loading;

(b)        where the vehicle will in any way interfere with the use of a doorway intended and marked as a fire emergency exit from any building abutting the highway;

(c)        in front of the entrance or exit to any fire hall, ambulance office or garage or hospital;

(d)       in any space where a sign, curb painting or pavement painting indicates that it is for exclusive use of persons with disabilities who display on their vehicles a handicap placard or license plate that is issued or recognized by the Province of Alberta;

(e)        adjacent to a curb or sidewalk that has been marked by being painted a solid color;

(f)        on any sidewalk or boulevard;

(g)        on or within five (5) meters of a crosswalk;

(h)        within five (5) meters of any Stop or Yield sign;

(i)         within five (5) meters of any fire hydrant;

(j)         in such a way that it obstructs access to any garage, private road, or driveway;

(k)        with the left hand wheels alongside a curb unless the vehicle is parked upon a designated one-way highway;

(l)         except for loading or unloading park any vehicle upon any lane, alley or public driveway in such a manner so as to cause an obstruction in the flow of traffic.

2.         No person shall angle park on a highway any vehicle having an overall length of six (6) meters or over.

3.         No person shall park any vehicle having a gross vehicle weight greater than 4540kg in any residential area within the Village longer than is reasonably necessary to load or unload the vehicle.

4.         No person shall park or leave on any highway, within the Village, any trailer, whether designed for occupancy by persons, animals, or carrying of goods or equipment, unless said trailer is attached to a vehicle by which it may be propelled or drawn and when so attached the trailer shall be deemed part of the vehicle and shall be subject to the regulations pertaining to the vehicle, unless otherwise authorized by order of the Chief Administrative Officer.

5.         No person shall leave or abandon any vehicle on a highway for more than seventy-two (72) consecutive hours.

6.         No person shall park a Recreation Vehicle upon a highway within the Village unless they are in the process of loading or unloading said vehicle.

7.         No person shall park a Recreation Vehicle in a manner that a portion thereof protrudes into a highway, lane, alley, or sidewalk or boulevard.

8.         No person shall place or permit to be placed an electric extension cord across a sidewalk or driveway whereby any person, animal or vehicle may be in any way injured or damaged.

9.         No person shall occupy, suffer, or permit any other person to occupy a Recreation Vehicle upon a highway or public property unless such property is designated for use as a campground or areas designated by order of Council.

10.       No person shall drive or park a vehicle upon any land owned by the Village for which the Village permits to be used as a playground, recreation area or public park, except on such a part as Council may designate by sign or signs for vehicular travel or parking.

11.       (a)        Notwithstanding any other provision of this Bylaw or any other Act the Chief    Administrative Officer, Village Foreman, or other person representing the foregoing may cause temporary movable signs to be placed on or near any portion of any highway within the Village prohibiting parking of any vehicle for the purpose of snow removal, street cleaning, flushing or road repair;

 

(b)        When any road maintenance is designated to commence, or has commenced in any area in which regulatory movable parking signs have been posted in accordance with Section 11 (a), the owner of any vehicle in violation thereto may be charged and the vehicle may be towed at the owner’s expense.

 

12.       (a)        Where in the opinion of the Fire Chief, members of the RCMP, Bylaw Enforcement Officer, Chief Administrative Officer, or any person acting in their stead deem it is necessary because of fire, storm, flood, disaster or any other emergency remove any parked vehicle the Council shall not be responsible or liable for any claim or demands whatsoever arising there from.

 

(b)        No fine shall be imposed if the vehicle was parked at this location before the emergency, only the removal charges should apply.  If the vehicle was parked after the emergency a fine plus removal costs may be imposed.

 

13.       Except for delivery of goods or materials, all vehicles rated over 15,000 kg. G.V.W. shall proceed through the Village by way of truck routes designated by Council and posted by signs.

14.       No person shall park a vehicle in contravention of any sign in accordance with any such provision made by the Council.

15.       No person shall angle park a vehicle in a cul-de-sac in such a manner that it restricts the safe movement of vehicular traffic.

16.       Three or more persons shall not stand in a group or near each other on any highway, lane or sidewalk in such a manner as to obstruct the entrance to buildings or the free passage by other pedestrians on the sidewalk or in such manner which either annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limits of this Village and every person shall forthwith disperse and move away after a request to move has been made by a Bylaw Enforcement Officer or by any other person.

17.       No person shall operate any off-highway vehicle in Village without written permission from the Chief Administrative Officer excepting where the off-highway vehicle is taking the most direct route possible out of the Village, to fuel up or to return to the owner’s residence from outside of Village corporate limits.

PARADES AND PROCESSIONS

18.       For the purpose of this part, “parade” or “procession” means any group of pedestrians numbering more than fifty (50) or any group of vehicles numbering more than ten (10), (except military and funeral processions), moving along or using any highway.

19.       Any person desiring to conduct a parade or procession within the Village shall, at least two (2) weeks prior to the time it is desired to conduct same, apply in writing to the Chief Administrative Officer for permission to conduct same and such application shall be signed by the applicant and contain the following information:

 

(a)        the name and address of the application and, if it is an organization or corporation, the names and addresses of the executive thereof;

(b)        the nature and purpose of such parade or procession,

(c)        the day and time such will be held,

(d)       the intended route thereof,

(e)        the approximate number of persons and vehicles that will be taking part,

(f)        the approximate size, number, nature and wording of any signs, banners, posters, placards, flags and similar things to be displayed during such parade or procession

(g)        the names, addresses and signatures of the persons who will be in control of such parade or procession and who undertake to be responsible for the good order and conduct thereof.

 

20.       The Chief Administrative Officer may refuse to issue a permit to conduct a parade or procession, but in such event, the applicant may apply to Council for such a permit and the Council may, by resolution, direct the issue of such permit subject to the provisions of this Bylaw, or any other conditions Council may wish to impose.

21.       During a parade or procession all pedestrians not taking part therein shall remain on a sidewalk.

22.       Where any funeral or military procession is in the process or forming or proceeding along a highway, a Bylaw Enforcement Officer may regulate all traffic in the vicinity and all persons, whether pedestrians, equestrians, or in a vehicle, shall obey the orders and directions of any Bylaw Enforcement Officers so directing traffic.

23.       Any vehicle in a funeral procession, except the lead vehicle, may during daylight hours, enter an intersection without stopping if:

 

(a)        the headlamps of the vehicles are alight;

(b)        the vehicle is traveling immediately behind the vehicle in front of it so as to form a continuous line of traffic; and

(c)        the passage into the intersection can be made in safety.

 

24.       No person, whether pedestrian, equestrian or driver of a vehicle, except the driver of an emergency vehicle, shall move or ride or drive through the ranks of any military or funeral procession or any other authorized parade or procession, or shall in any way obstruct, impede or interfere with same.

25.       Full time or volunteer firefighters may carry on or in a vehicle, other than an emergency vehicle, a lamp that produces intermittent flashes of green light and may operate the lamp if the vehicle is proceeding to a fire or other emergency.

USE OF STREET AND PUBLIC PLACES

26.       No person shall permit any livestock, vehicle, bicycle, sleigh or other object to stand or be upon any highway, sidewalk or crossing within the Village so as to obstruct traffic thereon.

27.       No person shall dig up or carry away any earth, sand or gravel from any highway, or any property owned or allowed to be used by the Village, without first obtaining permission in writing from the Chief Administrative Officer to do so.

28.       Any person placing or causing to be placed in or on any highway an obstruction shall remove or cause the removal of the obstruction as soon as reasonably possible after being notified by the Chief Administrative Officer.  After failing to comply, the Chief Administrative Officer, with such assistance as is necessary, may remove or cause to be removed at the expense of the person causing or placing such obstruction on any such highway.

29.       No person shall drive or haul on or over any highway, within the Village, any vehicle or other type of equipment or thing which does cause or is likely to cause damage to the highway.

30.       No person shall tear down, remove or interfere with any signs, signals, barricades, flares or other things placed in accordance with the provisions and regulations as directed by Council.

31.       No person shall sell by auction upon any highway or sidewalk within the Village, any article or thing whatsoever without the consent of the Chief Administrative Officer.

32.       No person shall advertise any sale of any article or thing by blowing of horns, ringing of bells, crying, hollering or creating any other disturbances or noise upon any highway or sidewalk of the Village unless permission is first obtained from the Chief Administrative Officer or designate.

33.       No person shall broadcast from a sound track or amplifying device outdoors without first obtaining a permit to do so from the Chief Administrative Officer.

34.       No person shall post or exhibit any placard, playbill, poster, writing or picture, or write words or make or draw pictures that are indecent, tend to corrupt, demoralize or cause to be unsightly any wall or fence or elsewhere, on or adjacent to any highway.

(a)        Any person or organization posting signs advertising garage sales, yard sales, sporting events, entertainment or political events, etc. shall remove such signs or posters within twenty-four (24) hours of the conclusion of such event;

 

(b)        All objects as described in Section 37(a), are subject to removal and immediate disposal by a Bylaw Enforcement Officer or Village Employee without any notice or warning to the owner thereof.

 

35.       No person or business shall display any goods for sale, offer any goods for sale, or sell any goods on a sidewalk unless it:

(a)        permits or allows clear unobstructed pedestrian passage;

(b)        is during operational business hours.

 

36.       No person shall wash, or attempt to repair, upon any highway or near a highway, any vehicle, thereby depositing mud, oil or creating slush or ice upon any highway, sidewalk or public property.

POWERS OF BYLAW ENFORCEMENT OFFICERS, PROSECUTIONS AND PENALTIES

“The provisions and regulations of the Provincial Offenses Procedure Act, as amended, shall apply to the provisions and enforcement of this Bylaw.”

37.       Any Bylaw Enforcement Officer is hereby authorized to remove or cause to be removed any vehicle or trailer:

(a)        parked in contravention of the provisions of this Bylaw

(b)        where emergency conditions may require such removal from a highway any vehicle may be removed to a place designated by Council where it will remain impounded until claimed by the owner thereof or his authorized agent.

 

38.       Every Bylaw Enforcement Officer or other person charged with the enforcement of any of the parking provisions of this Bylaw may place an erasable chalk mark on the tread face of a tire of any parked or stopped vehicle without incurring any liability for doing so.

39.       No impounded vehicle shall be released to its owner or his agent until the impounding charge and removal charge of the vehicle has been paid. Such charges shall be in addition to any fine or penalty imposed in respect of any such violation, or to any payment made in lieu of prosecution as provided for in any provision of the Bylaw.

40.       Where a vehicle is driven, used, parked or left in contravention of any provision of this Bylaw, the owner of the vehicle shall be deemed responsible for the contravention and liable to the penalty provided herein, unless he proves to the satisfaction of the Court trying the case that at the time of the contravention the vehicle was not being driven, used, parked or left by him or any other person with his express or implied consent.

41.       A Traffic Violation Ticket or Tag shall be deemed to be sufficiently served:

(a)        if served personally on the accused; or

(b)        if mailed to the last known address of the registered owner of the vehicle; or

(c)        if attached to or left upon the vehicle in respect of which the offence is alleged to have been committed.

 

42.       Nothing in this Bylaw shall:

 

(a)        prevent any person from defending a charge of committing a breach of this Bylaw;

(b)        prevent a Bylaw Enforcement Officer or other person from laying an Information or Complaint against a person.

 

43.       Where a person charged with an offence against the provisions of this Bylaw, being a person under the age of eighteen years, which person shall be in respect of such offence subject to the jurisdiction of the Alberta Provincial Youth Court as provided by the Youth Criminal Justice Act.

44.       Every Bylaw Enforcement Officer is hereby charged with the duty of enforcing the provision of this Bylaw.

45.       Any person who contravenes any provision of this Bylaw is guilty of an offence and subject to penalties as per Schedule ‘A’.

46.       Except where otherwise specifically provided in this Bylaw, a person who is guilty of an offence under this Bylaw, for which a penalty is not otherwise provided shall be liable upon summary conviction to a fine of not more than one thousand ($1000.00) dollars and in default of payment shall be liable to imprisonment for a term not exceeding six (6) months.

47.       Any person who contravenes any section of this Bylaw for a second or subsequent time within a twelve (12) month period is guilty of a second or subsequent offence and liable to fines as per Schedule ‘A’.

48.       It is the intention of Council that each separate provision of this Bylaw shall be deemed independent of all other provisions, and if any provision of this Bylaw be declared invalid, all other provisions shall remain valid and enforceable.

49.       The Village of Elnora Off Highway Vehicle Bylaw # 451-9701 is hereby repealed.

THIS BYLAW SHALL COME INTO EFFECT ON THE THIRD AND FINAL READING.

READ A FIRST TIME IN OPEN COUNCIL THIS 12th DAY OF AUGUST 2008

READ A SECOND TIME IN OPEN COUNCIL THIS _______DAY OF ____________2008

READ A THIRD TIME IN OPEN COUNCIL AND FINALLY PASSED THIS ______DAY OF ______________2008.

 

____________________                                                                                _____________________

MAYOR                                                                                                        ADMINISTRATOR


Bylaw # 498-0810                  Schedule ‘A’ – Penalties

 

Offence

1st Offence

2nd Offence

1(a)

Parking in a loading zone

$50.00

$100.00

1(b)

Park in front of entrance or exit to emergency doorway

$75.00

$150.00

1(c)

Park in front of entrance or exit to fire hall, ambulance office or garage, or hospital

$75.00

$150.00

1(d)

Park in a posted handicap stall

$75.00

$150.00

1(e)

Park adjacent to a curb or sidewalk painted a solid color

$50.00

$100.00

1(f)

Park on a sidewalk or boulevard

$50.00

$100.00

1(g)

Park on or within five meters of a crosswalk

$75.00

$150.00

1(h)

Park within five meters of a stop or yield sign

$50.00

$100.00

1(i)

Park within five meters of a fire hydrant

$75.00

$150.00

1(j)

Obstructing access to a garage, private road, or driveway

$50.00

$100.00

1(k)

Parking a vehicle left hand wheels to curb

$55.00

$110.00

1(l)

Cause an obstruction in an alley, lane, or driveway

$50.00

$100.00

2

Angle park a vehicle over six meters long on a highway

$50.00

$125.00

3

Park a vehicle over 4540 kg in a residential area

$50.00

$125.00

4

Park a detached trailer on a highway

$50.00

$100.00

5

Abandon a vehicle on a highway for more than 72 hours

$100.00

$200.00

6

Parking a recreation vehicle on a highway

$55.00

$110.00

7

Portion of a recreation vehicle protruding onto highway, lane, alley, or sidewalk

$55.00

$110.00

8

Place or permit placing an extension cord on sidewalk or driveway

$50.00

$100.00

9

Occupy or permit person to occupy recreation vehicle while parked on highway or public property

$75.00

$150.00

10

Park on Village property

$100.00

$200.00

11(b)

Owner parked in temporary ‘No Parking’ area

$50.00

$100.00

13

Fail to use posted truck route for vehicle over 15 000 kg GVW

$150.00

$300.00

14

Park contrary to sign

$50.00

$100.00

15

Angle park in a cu-de-sac restricting safe movement of vehicular traffic

$50.00

$100.00

16

Three or more persons blocking sidewalk, access to building, or being a nuisance

$45.00

$110.00

17

Operating an off-highway vehicle in Village

$75.00

$150.00

21

Fail to remain on sidewalk during parade or procession

$25.00

$50.00

24

Drive through, obstruct, impede, or interfere with military, funeral, or authorized parade or procession

$75.00

$200.00

26

Obstructing traffic

$150.00

$300.00

27

Dig or remove sand or gravel from Village property without permission

$75.00

$150.00

28

Fail to remove obstruction from highway

$100.00

$200.00

29

Drive or haul equipment causing damage to highway

$150.00

$300.00

30

Remove or interfere with signs, signals, barricades, flares, or other things

$150.00

$300.00

31

Sell or auction on highway or sidewalk without permission

$50.00

$100.00

32

Advertise sale by blowing horn, ringing bell, crying, hollering, or creating any other disturbance or noise without permission

$40.00

$100.00

33

Broadcast from sound track or amplifying device without permission

$40.00

$100.00

34

Exhibit material on wall, fence, or elsewhere that is indecent, corrupt, demoralizing, or unsightly

$150.00

$400.00

34(a)

Fail to remove signs after 24 hours of event

$75.00

$150.00

35

Display, offer for sale, or sell goods on a sidewalk so that it impedes pedestrians or is after business hours

$50.00

$100.00

36

Wash or repair vehicle on highway

$50.00

$150.00

 

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