DISTRICT OF REPORT TO COUNCIL

MEETING TYPE AND DATE: REGULAR COUNCIL MEETING – MARCH 19, 2013 FROM: CORPORATE SERVICES MANAGER SUBJECT: NUISANCE BYLAW FILE #: CS 2012-01

ISSUE(S)/PURPOSE: To consolidate the Noise Control, Unsightly Premises and Nuisance Odours Prohibition Bylaws into one Nuisance Bylaw and include several new provisions; To amend the Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw to include and/or amend provisions prohibiting the deposit of horse and dog feces, storage of vehicles in parks, urinating and defecating on a highway or right-of-way and setting up a temporary abode; And to amend the Bylaw Notice Enforcement Bylaw and Municipal Ticket Information Bylaw to ensure these prohibitions are a ticketable offence.

RECOMMENDATION(S): That Nuisance Bylaw 857, 2013 be read a first, second and third time; And that Parks, Public Spaces and Recreation Facilities Regulations and Fees Amendment Bylaw 858, 2013 be read a first, second and third time; And that Bylaw Notice Enforcement Amendment Bylaw 859, 2013 be read a first, second and third time; And further that Municipal Ticket Information Amendment Bylaw 860, 2013 be read a first, second and third time.

EXECUTIVE SUMMARY:  Several requests for amendments to the District’s bylaws prohibiting nuisances and disturbances have been raised, including: o a request from the RCMP to include a provision that prohibits fighting or physical confrontations in a public place or highway; o a request from the RCMP to ensure that urinating or defecating in a public place or highway is a ticketable offence; and o a request from staff to ensure that the storage of a vehicle in a District park is a ticketable offence.  During the review of the current bylaws, it was noted that Noise Control Bylaw No. 403, 1989 and Prohibition of Unsightly Premises Bylaw No. 433, 1990 are still designated as Regional District of Central (RDCO) bylaws. These bylaws were transferred to the District upon incorporation and were last updated in 2001.  During the review of District nuisance bylaws, it was considered practical to consolidate the Nuisance Odours Prohibition Bylaw into the proposed Nuisance bylaw as it includes largely the same general regulations.  It is recommended that the Noise, Unsightly and Nuisance Odour Bylaws, along with the above suggested amendments, be incorporated into one bylaw for ease of use. This approach is similar to the Good Neighbour Bylaws currently being used in West , Vernon and .  At the Strategic Session held on February 19, 2013, the proposed bylaw was presented for preliminary review and several amendments were proposed by Council which have been incorporated into the bylaw: o setting up a temporary abode is a ticketable offence; o depositing dog and horses feces are a ticketable offence; o excessive noise from the use of engine brakes unless where a person is unable to safely slow down or stop by other means is prohibited and included as a ticketable offence; 2  The proposed Nuisance Bylaw has been substantially revised and re-written to reflect current legislation and to be consistent with surrounding municipal bylaws, although the original intent of the Noise and Unsightly Premises bylaws has not changed.

BACKGROUND/HISTORY:

NOISE CONTROL RDCO Noise Control Bylaw No. 403, 1989 was transferred to the District upon incorporation in 1995. The District amended this bylaw in September 2001 by adding the definition: “Disturbs the Neighbourhood” means the District has received complaints from at least two persons residing on separate properties who claim a noise is disturbing the peace, rest and enjoyment of their respective properties.” This created the requirement that at least 2 complaints were received prior to investigating a noise complaint and minimized the text from Section 724 of the Local Government Act (“LGA”) into a shorter statement.

A substantial review of other community’s bylaws showed that generally the complete LGA text was used throughout the bylaw, although definitions can certainly be used to abbreviate longer statements. In addition, there were no requirements in other communities bylaws for more than one complaint to be received prior to investigating the occurrence.

It is recommended that the Nuisance Bylaw use the text directly from the LGA and that the requirement for two complaints be removed.

In 2004 the RDCO amended their Noise Control Bylaw to include the following general regulation: “Notwithstanding any other provisions of the Bylaw, industrial or commercial equipment sounds produced on an I-zoned property within a closed building having perimeter walls constructed with a Sound Transmission Class Rating of at least 50 as provided for in the B.C. Building Code, shall not be considered to be a violation of this Bylaw.”

It is recommended that the above provision be included in the District’s Nuisance Bylaw to be consistent with RDCO provisions.

In accordance with the request from the RCMP, the following fighting provision is in the proposed Nuisance Bylaw and is consistent with surrounding municipalities: “no person shall create a nuisance or disturbance upon any portion of a highway or other public space by participating in a fight or other similar physical confrontation between consenting or non-consenting persons.”

Item 5.5 under Noise Regulations prohibiting noise or sounds from building or land construction or demolition after 10 p.m. has been amended to 9 p.m.

Engine Brakes At the February 19, 2013 Strategy Session, Council requested that staff investigate the ability for the District to include a provision prohibiting the excessive noise of engine brakes from commercial vehicles. In 2006 the Ministry of Transportation and Infrastructure (“MOT”) reviewed its policy for signage concerning the use of engine brakes and a new policy was released updating the signage to read “Avoid Using Engine Brakes – Excessive Noise Prohibited.” Provincial signs were to be replaced with the new messaging when signs reached the end of their lifecycle. The new signs are intended to encourage commercial vehicle operators to avoid use of engine brakes; however, the signs do not entirely restrict the use of engine brakes. Engine brakes improve braking capabilities on trucks, consequently improving overall operational safety. The Ministry prefers not to impose restrictions on use of engine brakes as commercial vehicles may need to use their engine brake to ensure they maintain safe vehicle operations on certain grades.

3 The RCMP can enforce loud or unnecessary noise from braking systems under Motor Vehicle Act Regulation 26/58 section 7A.01 which reads “No person shall start, drive, turn or stop any motor vehicle, or accelerate the vehicle engine while the vehicle is stationary, in a manner which causes any loud and unnecessary noise in or from the engine, exhaust system or the braking system, or from the contact of the tires with the roadway.” Tickets issued by the RCMP are $109. Council has the authority to request additional enforcement of engine breaks through the RCMP.

The Engineering and Operations Department estimates there are approximately 3 existing “Avoid Use of Engine Brake” signs in Lake Country: Glenmore Road, Carr’s Landing Road near Okanagan Centre, and Commonage Road near Barkley. The new signs issued by MOT are larger than the existing signs and the cost, including hardware and installation is approximately $200 per sign.

It is recommended that the following provision be included in the Nuisance Bylaw and be included as a ticketable offence with a fine of $100: “No person shall cause any noise or sound from the operation of engine brakes on a commercial vehicle, that disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, except where a person is unable to safely slow down or stop by other means.”

UNSIGHTLY PREMISES RDCO Prohibition of Unsightly Premises Bylaw No. 433, 1990 was transferred to the District upon incorporation in 1995. The District amended this bylaw in September 2001 by revising some of the definitions and adding exemptions for the storage of materials and machinery on Agricultural Land Reserve (ALR) land. The RDCO repealed their version of the Unsightly Premises Bylaw and adopted a new version in 1998.

Section 6 of the proposed Nuisance Bylaw sets a number of Unsightly Premises Regulations which may in some circumstances conflict with the Zoning Bylaw. Section 6.7 provides an exemption for the storage of goods when they are permitted under the District’s Zoning Bylaw. Staff believe Section 6.7 needs to stay in the Nuisance Bylaw to resolve any a conflict between District bylaws, with the Zoning Bylaw permitting the storage and the Nuisance Bylaw prohibiting the storage. Section 6.7 resolves the conflict by specifying that the Zoning Bylaw prevails when the two bylaws conflict.

Although the Unsightly Premises section in the Nuisance Bylaw has been rewritten the original intent and provisions remain the same, including the ALR storage exemptions added in 2001. Definitions and provisions have been compared to existing Lake Country bylaws and surrounding municipalities’ and updated to ensure they are accurate and applicable.

NUISANCE ODOURS PROHIBITION The Nuisance Odours Prohibition Bylaw was adopted in September 1999 and amended in February 2000 by changing the penalties from a minimum of $500 to a minimum of $100. The bylaw prohibits owners or occupiers of property from allowing nuisance odours to emanate from their property.

The regulations, definitions and general context of the bylaw are largely the same as those in the proposed Nuisance Bylaw. It is recommended that the Nuisance Odour Prohibition Bylaw be incorporated into the proposed Nuisance Bylaw for ease of use and streamlining of District bylaws.

PARKS AND FACILITIES BYLAW Urinating or Defecating in a Public Space The Parks, Public Spaces and Recreation Facilities Regulations and Fee Bylaw 829, 2012 (Parks Bylaw) currently includes provision No. 2.30 prohibiting any person from urinating or defecating in or on any park or any public space except in a provided public or private toilet facility. This provision does not prohibit a person from doing the act on any public right of way or highway. The RCMP and Fire Department have identified a need to expand this provision.

4 It is recommended that the Parks Bylaw be amended by deleting and replacing the definition of “driveway” with “highway” which includes the meaning of driveway and expands the definition to include public-way or rights of ways and any other way to which the public is permitted to have access or is invited, and every boulevard and sidewalk. Subsequently, it is recommended that item 2.30 be amended to read “No person shall urinate or defecate in or on any park, public space or highway except in a provided public or private toilet facility.” This provision has been included in the Bylaw Notice Enforcement and MTI bylaws as a ticketable offence.

Storage of a Vehicle in a Park A recent incident raised the issue that the Parks Bylaw does not include a prohibition for storing a vehicle in a park. Item 2.22 currently reads “No person shall repair any vehicle in a park, except where an emergency exists” and it is recommended that this provision be amended to read “No person shall repair or store any vehicle in a park, except where an emergency exists.” Item 2.22 is currently not included in the Bylaw Enforcement or MTI bylaws as a ticketable offence and it is recommended that this expanded prohibition be included as a ticketable offence with a fine of $100.

Temporary or Permanent Abode in Park or Public Space Pursuant to Council’s request, Item 2.27 of the Parks Bylaw prohibiting the setup of temporary or permanent abode in or on any park or public space has been included in the Bylaw Enforcement and MTI Bylaw as a ticketable offence with a fine of $100.

Deposit Dog Feces Council requested that the District also be able to enforce the leaving of dog feces. It is recommended that the Parks Bylaw be amended to include the following provision 2.41. (a) which reads “No person, possessor or harbourer shall allow or suffer his dog to leave or deposit any feces on any public or private property or any park, boulevard or road allowance other than the property of the owner of the dog, unless the owner immediately removes such feces and disposes of same in a sanitary fashion.” This provision is consistent with the Regional District’s Dog Regulation and Impounding Bylaws and has been included as a ticketable offence with a fine of $25.

Horses in Designated Park Council requested that the leaving of horse feces be included as a provision and be listed as a ticketable offence. The existing provision Item 2.25 of the Parks Bylaw restricts horses from entering a park unless it has been designated as an Equestrian Park. It is recommended that the following provision, item 2.25 (a) be added to the Parks Bylaw and that both items 2.25 and 2.25 (a) be included as ticketable offences with a fine of $25.

“Item 2. 25. (a) No person, possessor or harbourer shall allow or suffer his horse to leave or deposit any feces on any public or private property or any park, boulevard or road allowance other than the property of the owner of the horse, unless the owner immediately removes such feces and disposes of same in a sanitary fashion.”

PENALITES Bylaw Enforcement ticket amounts are set out in Bylaw Notice Enforcement Bylaw 760, 2010 and are limited to a maximum of $500 as per the Bylaw Notice Enforcement Act (s 6 (3)). Bylaw Enforcement tickets are issued by the local government and disputes are considered at the local government level by an appointed adjudicator.

Municipal Ticket Information (MTI) ticket amounts are set in the MTI Bylaw 753, 2010 and are limited to a maximum of $1,000 as per the Bylaw Enforcement Ticket Regulation (s. 2). MTI tickets are issued by the local government and disputes are heard at the provincial court level by a Judicial Justice of the Peace (JJP). The courts may impose all or part of a penalty which must be set out in the municipality’s bylaw. The Community Charter (s.263 (1) (b)) allows municipalities to set a maximum penalty limit of $10,000 by bylaw, which may be imposed upon conviction by the provincial courts. If a range is not specified in the applicable bylaw the maximum penalty defaults to the limits in the Offence Act (s. 4) which is a maximum of $2,000 and 6 months imprisonment.

5 The proposed Nuisance Bylaw includes a penalty provision of maximum of $10,000 as part of a conviction in a BC provincial court. This does not increase any of the ticket amounts set out in the MTI or Bylaw Notice Enforcement Bylaws, but ensures that, should a MTI ticket be disputed in the provincial courts; the District has provided that the maximum penalty may be imposed at the discretion of the courts. The JJP must consider the means and ability of the defendant to pay the fine and may impose a fine of a lesser amount that the JJP considers appropriate noting that, in practice, the maximum fine is likely to be reserved for most grievous offences.

ENFORCEMENT In order to ensure the provisions in the proposed Nuisance Bylaw are accurately reflected and are ticketable offences, the Bylaw Notice Enforcement and Municipal Ticket Information Bylaws, the bylaws through which the District levies fines for bylaw offences, must also be amended.

DISCUSSION/ANALYSIS: APPLICABLE POLICIES AND LEGISLATION: Section 724 of the Local Government Act provides that Council may, by bylaw, regulate or prohibit the making or causing of noises or sounds that disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity.

Section 725 of the Local Government Act provides that Council may, by bylaw, prevent, abate and prohibit nuisances and provide for the recovery of the cost of abatement of nuisances from the person using the nuisance or other person described in the bylaw.

INTERGOVERNMENTAL IMPLICATIONS: N/A

INTERDEPARTMENTAL IMPLICATIONS: N/A

COMMUNITY IMPLICATIONS: The changes resulting from the bylaw will be communicated through the District’s website, social media channels and in the local newspapers.

ENVIRONMENTAL IMPLICATIONS: None.

ADHERENCE TO STRATEGIC OBJECTIVES: Streamlining and improving processes.

COST, BUDGET CONSIDERATIONS AND FINANCIAL IMPLICATIONS: None.

IMPACT ON STAFF CAPACITY AND WORKLOAD: None.

OPTIONAL RECOMMENDATIONS/ALTERNATIVES: None.

SUMMARY/CONCLUSION: The proposed Nuisance Bylaw has been substantially revised and re-written to reflect the requested amendments and ensure that the bylaw is up to date, although the overall intent of the bylaw has not changed. The amendments include: a provision for prohibiting fighting, prohibiting urinating and defecating in a public space or highway, 6 prohibiting storing a vehicle in a park, prohibiting depositing horse and dog feces and prohibiting excessive noise from the use of engine brakes. The amendments also ensure that all of the above provisions are ticketable offences.

Respectfully Submitted,

Reyna Seabrook Corporate Services Manager

This report has been prepared in consultation with the following listed departments:

CONCURRENCES Department Name Deputy CAO Stephen Banmen Director of Community and Customer Service Steve Schaffrick Director of Protective Services Steve Windsor Director of Engineering and Operations Michael J. Mercer

Attachment A - Nuisance Bylaw 857, 2013 Attachment B - Parks, Public Spaces and Recreation Facilities Regulations and Fees Amendment Bylaw 858, 2013 Attachment C - Bylaw Notice Enforcement Amendment Bylaw 859, 2013 Attachment D - Municipal Ticket Information Amendment Bylaw 860, 2013 Attachment E - Noise Control Bylaw No. 403, 1989 Attachment F - Prohibition of Unsightly Premises Bylaw No. 433, 1990 Attachment G - Nuisance Odours Prohibition Bylaw 99-280 Attachment A

DISTRICT OF LAKE COUNTRY

BYLAW 857

A BYLAW TO REGULATE AND PROHIBIT THE MAKING OR CAUSING OF NUISANCES WITHIN THE MUNIICPAL BOUNDARIES OF THE DISTRICT OF LAKE COUNTRY

WHEREAS Council may, by bylaw, regulate or prohibit the making or causing of noises or sounds that disturb or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity;

WHEREAS Council may, by bylaw, prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw;

NOW THEREFORE the Council of the District of Lake Country, in open meeting assembled, enacts as follows:

1. INTERPRETATION

1.1. Any enactment referred to herein is a reference to an enactment of and regulations thereto, as amended, revised, consolidated or replaced from time to time and any bylaw referred to herein is a reference to an enactment of the Council of the District of Lake Country, as amended, revised, consolidated or replaced from time to time.

1.2. Words of phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act or Local Government Act or any successor legislation, shall have the same meaning when used in this bylaw, unless otherwise defined in this Bylaw.

1.3. In this bylaw the singular shall also include the plural, and the masculine shall also include the feminine.

1.4. If any part of this bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder of this bylaw.

2. DEFINITIONS

“air” means the atmosphere but does not include the atmosphere inside a human-made enclosure that is not open to the weather, or an underground mine;

“bylaw enforcement officer” means the person appointed as the Bylaw Enforcement Officer for the District of Lake Country and includes any Peace Officer or member of the Royal Canadian Mounted Police;

“derelict vehicle” means any vehicle or part thereof, which: a) is physically wrecked, dilapidated or substantially damaged; b) is not capable of operating under its own power; or c) is not validly registered and licensed in accordance with the Motor Vehicle Act. Attachment A P a g e | 2

“Director of Community and Customer Services” means the person appointed as the Director of Community and Customer Service for the District of Lake Country or his designates;

“District” means the organization of the District of Lake Country or the area within the municipal boundaries as the context may require;

“highway” includes every highway within the meaning of the Highway Act and every street, roadway, lane, bridge, boulevard, sidewalk, passage way, public-way, right-of-way and any other way which the public is ordinarily entitled or may be permitted to use;

“motorboat" means a boat or any vehicle used on water that is powered by an engine;

“nuisance” means anything that is obnoxious, offensive or interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses;

“nuisance odour” means an odour in the air that is obnoxious, offensive, or interferes with the use or enjoyment of property, endangers personal health or safety , or is offensive to the senses;

“person” includes each natural person, any company, corporation, owner, partnership, firm, association, society or party and the personal or other legal representatives of a person to whom the context can apply according to law;

“public space” means any property to which the public is ordinarily invited or permitted to be in or on, and includes but is not limited to, parks, grounds of public facilities or buildings, public parkades or parking lots, playgrounds, public squares, pathways, beaches, public areas adjacent to lakes or streams and foreshore;

"rubbish" means decaying or non-decaying solid and semi-solid wastes, including, but not limited to, all manner of garbage and junk, both combustible and non-combustible wastes, such as paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled, scrap iron, tin and other metal, scrap paving material, construction and demolition waste, derelict vehicles and other vessels, tires, machinery, mechanical or metal parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes from fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeds, dead trees and branches, stumps, and piles of earth mixed with any of the above;

“unwholesome matter” means physical objects which are detrimental to the physical or mental well- being of persons.

3. GENERAL REGULATIONS

3.1. No person shall obstruct, interfere with, impede, hinder or prevent any person authorized by this bylaw, any employee of the District, or any other person engaged by the District, from performing any duties or exercising any authority under this bylaw.

3.2. Any person authorized by this bylaw shall have the right to enter upon the property of any owner or occupier at all reasonable times and in a reasonable manner for the purposes of inspecting property and declaring whether the property is unsightly or otherwise not in compliance with the provisions of this bylaw. Attachment A P a g e | 3

4. EXEMPTIONS

4.1. Notwithstanding the provisions of this bylaw, no person shall be guilty of an infraction of this bylaw while carrying out any of the following:

a) normal farm practices conducted in accordance with the Farm Practices Protection (Right to Farm) Act;

b) works of an emergency nature for the preservation or protection of life, health or property but the onus shall be on the person performing the work to show cause that the work was of an emergency nature;

c) parades or public festivities authorized by the District.

5. NOISE REGULATIONS

5.1. No person shall make or cause, or permit to be made or caused, any noise in or on a highway or elsewhere in the District which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

5.2. No person being the owner or occupier of property knowingly shall allow or permit such property to be used so that noise or sound which emanates therefrom, disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

5.3. No person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any highway or other public space in such a manner as to disturb or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

5.4. No persons shall own, keep or harbour any animal or bird which by its barks, cries or sounds unduly disturb or tend to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

5.5. No person in the District shall on any day before 7:00 a.m. or after 9:00 p.m. construct, erect, reconstruct, alter, repair or demolish any building, structure or thing or excavate or fill in land in any manner whatsoever which makes, causes noises or sounds in or on a highway or other public space or elsewhere in the District which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

5.6. Where the Bylaw Enforcement Officer considers that it is impossible or impractical to comply with Section 5.5 of this bylaw, the Bylaw Enforcement Officer may, on application in writing, grant approval for a construction project to carry out work that is found to be necessary, at designated hours on designated days and on such other terms and conditions as the Bylaw Enforcement Officer considers reasonable in the circumstances. The responsibility for obtaining written approval lies with the person carrying on the work.

Attachment A P a g e | 4

5.7. Notwithstanding the provisions of Section 5 of this bylaw, industrial or commercial equipment sounds produced on an I zoned property within a closed building having perimeter walls constructed with a Sound Transmission Class Rating of at least 50 as provided for in the B.C. Building Code, shall not be considered to be a violation of this bylaw.

5.8. No person shall create a nuisance or disturbance upon any portion of a highway or other public space by participating in a fight or other similar physical confrontation between consenting or non-consenting persons.

5.9. No person shall cause any noise or sound from the operation of engine brakes on a commercial vehicle, that disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, except where a person is unable to safely slow down or stop by other means.

5.10. Where the Bylaw Enforcement Officer or Director of Community and Customer Services considers that an event is in the public interest, the Bylaw Enforcement Officer or Director of Community and Customer Services, may, on application in writing, grant approval for a special event, thereby waiving the provisions of Section 5 of this bylaw. The responsibility for obtaining written approval lies with the person responsible for the special event.

MOTORBOATS

5.11. No person shall launch a motorboat from any lands in the District if that motorboat is equipped with an exhaust system that permits the exhaust gases from the engine to be expelled directly into the air without first passing through water unless the motor boat is equipped with a muffling device that ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

5.12. No person shall operate a motorboat in the District if that motorboat is equipped with an exhaust system that permits the exhaust gases from the engine to be expelled directly into the air without first passing through water unless the motorboat is equipped with a muffling device that ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

5.13. No person shall operate any motorboat powered by an engine equipped with exhausting devices commonly described as dry stacks or dry headers.

5.14. No person shall operate a motor boat powered by an engine equipped with exhausting devices commonly described as water injected headers unless a properly operating muffler is installed thereto.

5.15. No person shall operate a motorboat powered by an engine equipped with exhausting devices commonly described as over-transom water cooled exhaust unless a properly operating muffler is installed thereto.

5.16. No person shall operate a motorboat so as to cause noise which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

Attachment A P a g e | 5

6. UNSIGHTLY PREMISES REGULATIONS

6.1. No owner or occupier of property shall cause, suffer or permit stagnant water, rubbish, noxious, offensive, or unwholesome matter to collect or accumulate on their premises.

6.2. Notwithstanding the provisions of Sections 6.1 of this bylaw, storage of rubbish is permitted on property provided that a) it does not create a fire hazard as determined by the District Fire Chief, and b) it is kept within an accessory building, or c) it is kept within an enclosed screened area no larger than 30 m2 (323 sq ft). Each property may have one (1) enclosed screened area which must consist of a solid wood fence or evergreen landscaping 1.83 m (6 ft) in height.

6.3. No owner or occupier of property shall cause or permit a visual nuisance on their premises.

6.4. No owner or occupier of property shall allow their property to become or remain unsightly by accumulation of filth, rubbish or graffiti.

6.5. No person shall deposit or throw bottles, broken glass or other rubbish in any public space.

6.6. No person shall place graffiti on walls, fences or elsewhere on or adjacent to a public space.

6.7. Notwithstanding the provisions of Section 6 of this bylaw, outdoor storage of goods and chattels shall not be considered to be a violation of this bylaw when permitted by the District Zoning Bylaw.

6.8. No owner or occupier of property shall permit the storage of more than one (1) unlicensed vehicle on their premises.

PROPERTY LOCATED WITHIN THE AGRICULTURAL LAND RESERVE

6.9. Storage of waste and organic fertilizers is permitted on property located within the Agricultural Land Reserve being used for agriculture conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act.

6.10. Storage of machinery, farm vehicles, associated farm materials and two (2) unlicensed non- farm vehicles is permitted on property located within the Agricultural Land Reserve being used for agriculture conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act.

7. NUISANCE ODOUR REGULATIONS

7.1. No person being the owner or occupier of property shall allow or permit such property to be used so that nuisance odours emanate therefrom which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood, or of persons in the vicinity.

Attachment A P a g e | 6

8. PENALTIES

8.1. Any person who violates a provision 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, commits an offence and is liable on summary conviction to a penalty not exceeding Ten Thousand Dollars ($10,000.00) plus the cost of prosecution.

8.2. Each day that the violation continues to exist shall constitute a separate offence.

9. ENFORCEMENT

9.1. Upon receipt of a complaint regarding violation of the regulations contained in this bylaw, the Bylaw Enforcement Officer is authorized to investigate the complaint and administer the requirements of the bylaw.

9.2. Where the Bylaw Enforcement Officer has received a complaint and the subsequent investigation verifies the complaint, the Bylaw Enforcement Officer may issue a written order requiring that the owner, occupier or other responsible person remedy the condition which gave rise to the complaint so as to bring the nuisance or property into compliance with the provisions of this bylaw, within such time as the Bylaw Enforcement Officer considers appropriate in the circumstances.

9.3. Where, after the expiry of 15 days from delivery of an order given pursuant to Section 9.2 of this bylaw, the condition which gave rise to the order has not been remedied, the District, through its officers, employees or agents may, at reasonable times and in a reasonable manner, without further notice, enter on the property and effect compliance with this bylaw at the expense of owner or occupier of the property.

9.4. If the compliance is carried out under Section 9.3 of this bylaw and the property occupier or owner does not pay the costs on or before December 31st in the year that the compliance was effected, the cost may be added to and form part of the taxes payable in respect of the said property as taxes in arrears. Such costs shall consist of all costs and expenses incurred by the District to achieve compliance with this bylaw including, without limitation, legal costs, administrative costs, cost to attend property by District employees or its contractors and the costs of removal, clean up and disposal.

10. REPEALS

10.1. Regional District of Central Okanagan Noise Control Bylaw No.403, 1989 and all amendments thereto are hereby repealed.

10.2. Regional District of Central Okanagan Prohibition of Unsightly Premises Bylaw No. 433, 1990 and all amendments thereto are hereby repealed.

10.3. District of Lake Country Nuisance Odours Prohibition Bylaw 99-280 and all amendments thereto are hereby repealed.

Attachment A P a g e | 7

11. CITATION

11.1. This Bylaw may be cited for all purposes as “Nuisance Bylaw 857, 2013.”

READ A FIRST TIME this day of , 2013. READ A SECOND TIME this day of , 2013. READ A THIRD TIME this day of , 2013.

ADOPTED this day of , 2013.

______Mayor Corporate Officer

I hereby certify the foregoing to be a true and correct copy of “Nuisance Bylaw 857, 2013.” as adopted by Municipal Council on the day of , 2012.

______Dated at Lake Country, B. C. Corporate Officer Attachment B

DISTRICT OF LAKE COUNTRY

BYLAW 858

A BYLAW TO AMEND PARKS, PUBLIC SPACES AND RECREATION FACILITIES REGULATIONS AND FEES BYLAW 829, 2012

WHEREAS the Council of the District of Lake Country deems it appropriate to amend the Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw 829, 2012;

NOW THEREFORE, the Council of the District of Lake Country, in open meeting assembled, enacts as follows:

1. Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw 829, 2012 is hereby amended as follows:

1.1. The definition of “Driveway” under Item 1 Definitions is hereby deleted in its entirety.

1.2. The following definition is added under Item 1 Definitions in the correct alphabetical order: “highway” includes every highway within the meaning of the Highway Act and every street, roadway, lane, bridge, boulevard, sidewalk, passage way, public-way, right-of-way and any other way which the public is ordinarily entitled or may be permitted to use;

1.3. Item 2. Subsection 22 is hereby deleted and replaced with the following:

“22. No person shall repair, or store, any vehicle in a park, except where an emergency exists.”

1.4. Item 2. subsection 30. is hereby deleted and replaced with the following:

“30. No person shall urinate or defecate in or on any park, public space or highway, except in a provided public or private toilet facility.”

1.5. Item 2. Subsection 41 (a) is hereby added immediately following Item 2 subsection 41:

“41. (a) No person, possessor or harbourer shall allow or suffer his dog to leave or deposit any feces on any public or private property or any park, boulevard or road allowance other than the property of the owner of the dog, unless the owner immediately removes such feces and disposes of same in a sanitary fashion.”

1.6. Item 2. Subsection 25 (a) is hereby added immediately following Item 2. Subsection 25:

“25. (a) No person, possessor or harbourer shall allow or suffer his horse to leave or deposit any feces on any public or private property or any park, boulevard or road allowance other than the property of the owner of the horse, unless the owner immediately removes such feces and disposes of same in a sanitary fashion.”

Attachment B

2. This Bylaw may be cited for all purposes as “Parks, Public Spaces and Recreation Facilities Regulations and Fees Amendment Bylaw 858, 2013”

READ A FIRST TIME this day of , 2013.

READ A SECOND TIME this day of , 2013.

READ A THIRD TIME this day of , 2013.

ADOPTED this day of , 2013.

______Mayor Corporate Officer

I hereby certify the foregoing to be a true and correct copy of “Parks, Public Spaces and Recreation Facilities Regulations and Fees Amendment Bylaw 858, 2013” as adopted by Municipal Council on the day of , 2013.

______Dated at Lake Country, B. C. Corporate Officer Attachment C

DISTRICT OF LAKE COUNTRY

BYLAW 859

A BYLAW TO AMEND BYLAW NOTICE ENFORCEMENT BYLAW 760, 2010

WHEREAS the Council of the District of Lake Country deems it appropriate to amend the Bylaw Notice Enforcement Bylaw 760, 2010;

NOW THEREFORE, the Council of the District of Lake Country, in open meeting assembled, enacts as follows:

1. Bylaw Notice Enforcement Bylaw 760, 2010 is hereby amended as follows:

1.1. Schedule A to Bylaw Notice Enforcement Bylaw 760, 2010 subtitle Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw 717, 2009 is hereby deleted and replaced with Schedule A attached hereto and forming part of this bylaw.

1.2. Schedule A to Bylaw Notice Enforcement Bylaw 760, 2010 subtitle Noise Control Bylaw No. 403, 1989 is hereby deleted in its entirety.

1.3. Schedule A to Bylaw Notice Enforcement Bylaw 760, 2010 subtitle Prohibition of Unsightly Premises Bylaw No. 433, 1990 is hereby deleted in its entirety.

1.4. Schedule B [Nuisance Bylaw 857, 2013] attached hereto and forming part of this bylaw is hereby added to Schedule A of Bylaw Notice Enforcement Bylaw 760, 2010.

1.5. Each bylaw designated in Schedule A to Bylaw Notice Enforcement Bylaw 760, 2010 is hereby amended as Schedule A.1 through A.16 accordingly.

2. This Bylaw may be cited for all purposes as “Bylaw Notice Enforcement Amendment Bylaw 859, 2013.”

READ A FIRST TIME this day of , 2013. READ A SECOND TIME this day of , 2013. READ A THIRD TIME this day of , 2013.

ADOPTED this day of , 2013.

______Mayor Corporate Officer

Attachment C

I hereby certify the foregoing to be a true and correct copy of “Bylaw Notice Enforcement Amendment Bylaw 859, 2013” as adopted by Municipal Council on the day of , 2013.

______Dated at Lake Country, B. C. Corporate Officer

Attachment C

SCHEDULE A

Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw 829, 2012 Section Description of Column A1 Column A2 Column A3 Column A4 No. in contravention Penalty Early Payment Late Payment Compliance Bylaw Penalty Penalty Agreement Available 2.1 Improper use of land $100.00 $50.00 $125.00 yes 2.2 Deposit refuse in park or $100.00 $50.00 $125.00 yes waterbody. 2.3 Sale without a permit $100.00 $50.00 $125.00 yes 2.4 Carry or discharge weapon $100.00 $50.00 $125.00 yes 2.5 Fires outside designated $100.00 $50.00 $125.00 yes area 2.7 Unauthorized organized $100.00 $50.00 $125.00 yes activity 2.8 Feed wildlife $100.00 $50.00 $125.00 yes 2.9 Remain in park outside $100.00 $50.00 $125.00 yes hours of operation 2.10 Park a vehicle in park $100.00 $50.00 $125.00 yes outside hours of operation 2.11 Unauthorized erection of $100.00 $50.00 $125.00 yes shelter 2.12 Obstruct lawful use $100.00 $50.00 $125.00 yes 2.13 Unauthorized posting of $100.00 $50.00 $125.00 yes advertisements 2.18 Obstruct Bylaw $100.00 $50.00 $125.00 yes Enforcement Officer 2.22 Repair or store vehicle in $100.00 $50.00 $125.00 yes park 2.23 Possession of liquor $100.00 $50.00 $125.00 yes 2.25 Horse in undesignated $25.00 $15.00 $35.00 yes park 2.25 (a) Deposit horse feces $25.00 $15.00 $35.00 yes 2.27 Set up abode $100.00 $50.00 $125.00 Yes 2.28 Set up campsite $100.00 $50.00 $125.00 yes 2.30 Urinate or defecate in $100.00 $50.00 $125.00 yes Attachment C

park, public space or highway 2.31 Possess drug paraphernalia $100.00 $50.00 $125.00 yes 2.32 Damage public property $100.00 $50.00 $125.00 yes 2.33 Destroy or deface sign $100.00 $50.00 $125.00 yes 2.34 Damage tree or plant $100.00 $50.00 $125.00 yes 2.37 Dog at large $100.00 $50.00 $125.00 yes 2.41 (a) Deposit dog feces $25.00 $15.00 $35.00 yes 2.42 Tie boat to buoy $100.00 $50.00 $125.00 Yes 2.43 Moor boat outside of $100.00 $50.00 $125.00 Yes designated area 2.44 Unauthorized placement $100.00 $50.00 $125.00 Yes or removal of apparatus 2.45 Improper parking of boat $100.00 $50.00 $125.00 Yes 2.49 Improper operation of $100.00 $50.00 $125.00 Yes watercraft public

Attachment C

SCHEDULE B

Nuisance Bylaw No. 857, 2013 Section Designated contravention Column A1 Column A2 Column A3 Column A4 No. in Penalty Early Payment Late Compliance Bylaw Penalty Payment Agreement Penalty Available 3.1 Prohibit entry $150.00 $75.00 $175.00 Yes 5.1 Noise which disturbs $100.00 $50.00 $125.00 Yes 5.2 Noise which disturbs $100.00 $50.00 $125.00 Yes 5.3 Amplified sound which $100.00 $50.00 $125.00 Yes disturbs 5.4 Animal noise which disturbs $100.00 $50.00 $125.00 Yes 5.5 Construction noise which $100.00 $50.00 $125.00 Yes disturbs 5.8 Participating in a fight $100.00 $50.00 $125.00 Yes 5.10 Inadequate exhaust system $500.00 $100.00 $550.00 Yes 5.11 Inadequate exhaust system $500.00 $100.00 $550.00 Yes 5.12 Prohibited exhaust system $500.00 $100.00 $550.00 Yes 5.13 Prohibited exhaust system $500.00 $100.00 $550.00 Yes 5.14 Prohibited exhaust system $500.00 $100.00 $550.00 Yes 5.15 Motorboat noise which $500.00 $100.00 $550.00 Yes disturbs 6.1 Permit accumulation of $100.00 $50.00 $125.00 Yes rubbish 6.3 Permit visual nuisance $100.00 $50.00 $125.00 Yes 6.4 Permit property to $100.00 $50.00 $125.00 Yes become/remain unsightly 6.5 Deposit rubbish in public $100.00 $50.00 $125.00 Yes space 6.6 Place graffiti on public space $100.00 $50.00 $125.00 Yes 6.8 Storage of more than 1 $100.00 $50.00 $125.00 Yes unlicensed vehicle on premises 7.1 Permit nuisance odour $100.00 $50.00 $125.00 Yes

Attachment D

DISTRICT OF LAKE COUNTRY BYLAW 860

A BYLAW TO AMEND MUNICIPAL TICKET INFORMATION BYLAW 753, 2010

WHEREAS the Council of the District of Lake Country deems it appropriate to amend the Municipal Ticket Information Bylaw 753, 2010;

NOW THEREFORE, the Council of the District of Lake Country, in open meeting assembled, enacts as follows:

1. Municipal Ticket Information Bylaw 753, 2010 is hereby amended as follows:

1.1. Schedule 1 [Designated Bylaws and Designated Bylaw Enforcement Officers] is hereby deleted and replaced with Schedule A attached hereto and forming part of this bylaw.

1.2. Schedule 2 [Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw 717, 2009] is hereby deleted and replaced with Schedule B attached hereto and forming part of this bylaw.

1.3. Schedule 5 [Noise Control Bylaw No. 403, 1989] is hereby deleted in its entirety.

1.4. Schedule 6 [Prohibition of Unsightly Premises Bylaw No. 433, 1990] is hereby deleted in its entirety.

1.5. Schedule C [Nuisance Bylaw 857, 2013] attached hereto and forming part of this bylaw is hereby added as an additional Schedule to Municipal Ticket Information Bylaw 753, 2010.

1.6. Schedules 1 through 17 are renumbered accordingly.

1.7. The text “Schedules 2 through 16” In items 3, 4 and 4 i) is hereby deleted and replaced with the text “Schedules 2 through 17”.

2. This Bylaw may be cited for all purposes as “Municipal Ticket Information Amendment Bylaw 860, 2013.”

READ A FIRST TIME this day of , 2013. READ A SECOND TIME this day of , 2013. READ A THIRD TIME this day of , 2013.

ADOPTED this day of , 2012.

______Mayor Corporate Officer Attachment D

I hereby certify the foregoing to be a true and correct copy of “Municipal Ticket Information Amendment Bylaw 860, 2012.” as adopted by Municipal Council on the day of, 2013.

______Dated at Lake Country, B. C. Corporate Officer

Attachment D

SCHEDULE A

SCHEDULE 1

Column 1 - Designated Bylaws Column 2 - Designated Bylaw Enforcement (as may be amended from time to time) Officers Bylaw Enforcement Officer Royal Canadian Mounted Police Parks, Public Spaces and Recreation Facilities Regulations Parks and Facilities Manager and Fees Bylaw 829, 2012 Director of Community and Customer Service or designate Planner Building Regulation Bylaw 709, 2011 Bylaw Enforcement Officer Building Inspector Planner Zoning Bylaw 561, 2007 Bylaw Enforcement Officer Building Inspector Bylaw Enforcement Officer Royal Canadian Mounted Police Nuisance Bylaw 857, 2013 Building Inspector Director of Community and Customer Service or designate Bylaw Enforcement Officer District of Lake Country Highways and Traffic Regulation District Engineer Bylaw 98-186 Royal Canadian Mounted Police Bylaw Enforcement Officer District of Lake Country Soil Regulation Bylaw 95-015 Planner District Engineer Royal Canadian Mounted Police District of Lake Country Animal, Poultry Bird Regulation Bylaw Enforcement Officer Bylaw 97-135 District of Lake Country Holding Tank Sewage Disposal Bylaw Enforcement Officer Bylaw 97-145 Building Inspector Bylaw Enforcement Officer Fire Department Bylaw 757, 2010 Fire Chief

Royal Canadian Mounted Police Bylaw Enforcement Officer Burning Bylaw 612, 2007 Fire Chief Royal Canadian Mounted Police Bylaw Enforcement Officer Business Licensing Bylaw 699, 2008 Building Inspector Bylaw Enforcement Officer Building Inspector Safe Premises Bylaw 728, 2009 Fire Chief Royal Canadian Mounted Police

Attachment D

Bylaw Enforcement Officer Planner District of Lake Country Signage Regulation Bylaw 501, 2004 Building Inspector District Engineer Parks and Facilities Manager Bylaw Enforcement Officer Encroachment Bylaw 624, 2007 Building Inspector District Engineer Parks and Facilities Manager Royal Canadian Mounted Police Bylaw Enforcement Officer Fire Chief Fire Prevention Regulation Bylaw 800, 2011 Building Inspector Royal Canadian Mounted Police Bylaw Enforcement Officer Solid Waste Management Regulation Bylaw 708, 2009 District Engineer or designate Attachment D

SCHEDULE B

SCHEDULE 2 Parks, Public Spaces and Recreation Facilities Regulations and Fees Bylaw 829, 2012 Column 1 Column 2 Column 3 Column 4 Section No. in Authorized Expressions Set Fine in $ Bylaw Set Fine in $ If paid within 30 days 2.1 Improper use of land $100.00 $50.00 2.2 Deposit refuse in park or waterbody $100.00 $50.00 2.3 Sale without permit $100.00 $50.00 2.4 Carry or discharge weapon $100.00 $50.00 2.5 Fire outside designated area $100.00 $50.00 2.7 Unauthorized organized activity $100.00 $50.00 2.8 Feed wildlife $100.00 $50.00 2.9 Remain in park outside hours of $100.00 $50.00 operation 2.10 Park vehicle in park outside hours of $100.00 $50.00 operation 2.11 Unauthorized erection of shelter $100.00 $50.00 2.12 Obstruct lawful use $100.00 $50.00 2.13 Unauthorized posting of advertisements $100.00 $50.00 2.18 Obstruct bylaw enforcement officer $100.00 $50.00 2.22 Repair or store vehicle in park $100.00 $50.00 2.23 Possession of liquor $100.00 $50.00 2.25 Horse in undesignated park $25.00 $15.00 2.25 (a) Deposit horse feces $25.00 $15.00 2.27 Set up abode $100.00 $50.00 2.28 Set up campsite $100.00 $50.00 2.30 Urinate or defecate in park, public space $100.00 $50.00 or highway 2.31 Possess drug paraphernalia $100.00 $50.00 2.32 Damage public property $100.00 $50.00 2.33 Destroy or deface sign $100.00 $50.00 2.34 Damage tree or plant $100.00 $50.00 2.37 Dog at large $100.00 $50.00 2.41 (a) Deposit dog feces $25.00 $15.00 2.42 Tie boat to buoy $100.00 $50.00 2.43 Moor boat outside designated area $100.00 $50.00 2.44 Unauthorized placement or removal of $100.00 $50.00 apparatus 2.45 Improper parking of boat $100.00 $50.00 2.49 Improper operation of watercraft $100.00 $50.00

Attachment D

SCHEDULE C

SCHEDULE 17 Nuisance Bylaw 857, 2013 Column 1 Column 2 Column 3 Column 4 Section No. in Authorized Expressions Set Fine in $ Bylaw Set Fine in $ If paid within 30 days 3.1 Prohibit entry $150.00 $75.00 5.1 Noise which disturbs $100.00 $50.00 5.2 Noise which disturbs $100.00 $50.00 5.3 Amplified sound which disturbs $100.00 $50.00 5.4 Animal noise which disturbs $100.00 $50.00 5.5 Construction noise which disturbs $100.00 $50.00 5.8 Participating in a fight $100.00 $50.00 5.10 Inadequate exhaust system $500.00 $100.00 5.11 Inadequate exhaust system $500.00 $100.00 5.12 Prohibited exhaust system $500.00 $100.00 5.13 Prohibited exhaust system $500.00 $100.00 5.14 Prohibited exhaust system $500.00 $100.00 5.15 Motorboat noise which disturbs $500.00 $100.00 6.1 Permit accumulation of rubbish $100.00 $50.00 6.3 Permit visual nuisance $100.00 $50.00 6.4 Permit property to become/remain $100.00 $50.00 unsightly 6.5 Deposit rubbish in public space $100.00 $50.00 6.6 Place graffiti on public space $100.00 $50.00 6.8 Storage of more than 1 unlicensed $100.00 $50.00 vehicle on premises 7.1 Permit nuisance odour $100.00 $50.00

Attachment E

DISTRICT OF LAKE COUNTRY NOISE CONTROL BYLAW

CONSOLIDATED VERSION (including the following amendments adopted prior to December 01, 2001)

This is a consolidated copy to be used for convenience only. Users are asked to refer to the District of Lake Country Noise Control Bylaw as amended from time to time to verify accuracy and completeness.

Amending Bylaw No. Summary of Amendments Adoption

385 Amend definitions. Adding definition Sept. 11, 2001 “Disturbs the Neighbourhood”

Amends Part II General Regulations and Section 6 in Part III by deleting all the words after “disturbs” and adding the words “the neighbourhood”.

Amends Part II General Regulations by deleting all the words after “disturbs” and adding the words “the neighbourhood”. Attachment E

REGIONAL DISTRICT OF CENTRAL OKANAGAN BYLAW NO. 403 (Consolidated) (Amended by Bylaw 385) CONSOLIDATED FOR CONVENIENCE ONLY NOISE CONTROL BYLAW WITH AMENDMENTS

Being a by-law to regulate and prohibit the making or causing of noises and sounds within the Regional District of Central Okanagan

WHEREAS by Section 932 (c)of the Municipal Act and Supplementary Letters Patent, the Regional Board, may by by-law, regulate or prohibit the making or causing of noises or sounds in or on a highway or elsewhere in the Regional District which disturb or tend to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the neighbourhood, or of any persons in the vicinity, or which in the opinion of the Regional Board are objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of individuals or the public, and may make different regulations or prohibitions for different areas of the Regional District;

AND WHEREAS it is the opinion of the Regional Board that regulations and prohibitions must be instituted to control. objectionable sounds or sounds liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;

NOW THEREFORE the Regional Board of the Regional District of Central Okanagan in open meeting assembled, enacts as follows:

I DEFINITIONS

1. Words defined in the "Motor Vehicle Act" being Chapter 288 of the Revised Statutes of British Columbia, 1979 and the "Municipal Act" Revised Statutes of British Columbia, Chapter 290, 1979 shall have the same meaning when used in this by-law unless defined in this by-law or unless the context otherwise requires.

2. In this by-law, unless the context otherwise requires:

Amended (a) “Disturbs the Neighbourhood” means the District has received complaints Sept. 11/01 from at least two persons residing on separate properties who claim a noise is disturbing the peace, rest and enjoyment of their respective properties.

(b) "Regional District" shall mean that part of the Regional District described in the Letters Patent, Div. XX, Noise Control, excluding therefrom the Corporation of the City of Kelowna and the Corporation of the of but specifically including all navigable waters lying within the jurisdiction of the Regional District including, without limiting the generality of the foregoing, , Woods Lake, Duck Lake and .

(c) "Regional Board" shall mean the Regional Board of the Regional District of Central Okanagan;

Attachment E

(d) "Highway" includes every highway within the meaning of the "Highway Act" being Chapter 167 of the Revised Statutes of British Columbia, 1979, and every road, street, lane, thoroughfare, bridge, public way, or right-of-way designed or intended for or used by the general public for the passage of vehicles and every private place or passage-way to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited, and every boulevard and sidewalk;

(e) "Inspector" means the person or persons appointed from time to time by the Regional Board to enforce and administer this by-law and shall include any Peace officer;

(f) "Peace Officer" shall have the same meaning as in the "Interpretation Act", being Chapter 206 of the Revised Statutes of British Columbia, 1979, and shall also include the person or persons who are appointed to enforce and administer this by-law;

(g) "Person" includes any company, corporation, owner, partnership, firm, association, society or party; and in the case of motorboat, includes the operator thereof;

(h) "Property" means real property and includes land, together with all improvements which have been so affixed to the land so as to make them in fact and in law a part thereof;

(i) "Motorboat" means a boat or any vehicle used on water that is powered by an engine;

PART II GENERAL REGULATIONS

Amended 1. No person shall make or cause, or permit to be made or caused, any noise in or on a highway Sept. 11/01 or elsewhere in the Regional District which disturbs the neighbourhood.

Amended 2. No person being the owner or occupier of real property knowingly shall allow or permit such Sept. 11/01 real property to be used so that noise or sound which emanates therefrom, disturbs the neighbourhood.

Amended 3. No person shall play or operate any radio, stereophonic equipment or other instrument or any Sept. 11/01 apparatus for the production or amplification of sound either in or on private premises or in any public place in such a manner as to disturb the neighbourhood. Amended Sept. 11/014. No persons shall own, keep or harbour any animal or bird which by its cries unduly disturbs the neighbourhood.

5. No person in the Regional District shall on any day before 0700 hours or after 2200 hours construct, erect, reconstruct, alter, repair or demolish any building, structure or thing or Amended Sept. 11/01 excavate or fill in land in any manner whatsoever which makes, causes noises or sounds in or on a highway or elsewhere in the Regional District which disturb the neighbourhood.

6. Where it is impossible or impractical to comply with Section 5 of this by-law, the Chief Building Inspector of the Regional District may give written approval to carry on the work that is found to be necessary at designated hours. The responsibility for obtaining written approval lies with the person carrying on the work.

7. No person shall operate any outdoor public address system in the Regional District without first having obtained a permit therefor. Attachment E

8. Notwithstanding any provisions of this by-law, a person may perform works of an emergency nature for the preservation or protection of life, health or property but the onus shall be on the person performing the work to show cause that the work was of an emergency nature.

9. Notwithstanding the provisions of this by-law, a person may apply for and receive from the Regional Board a permit for a special event if such special event in the Regional Board's opinion is in the public interest, in which case the requirements of this by-law may be waived.

10. Notwithstanding the other provisions of this by-law, where traditional farming practises require the operation of machinery and equipment for the production of crops, working farms are exempt from the provisions of this by-law.

III MOTORBOATS

1. No person shall launch a motorboat from any lands in the Regional District if that motorboat is equipped with an exhaust system that permits the exhaust gasss from the engine to be expelled directly into the air without first passing through water unless the motor boat is equipped with a muffling device that ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

2. No person shall operate a motorboat in the Regional District if that motorboat is equipped with an exhaust system that permits the exhaust gases from the engine to be expelled directly into the air without first passing through water unless the motorboat is equipped with a muffling device that ensures that the exhaust gases from the engine are cooled and expelled without excessive noise.

3. No person shall operate any motorboat powered by an engine equipped with exhausting devices commonly described as dry stacks or dry headers.

4. No person shall operate a motor boat powered by an engine equipped with exhausting devices commonly described as water injected headers unless a properly operating muffler is installed thereto.

5. No person shall operate a motorboat powered by an engine equipped with exhausting devices commonly described as over-transom water cooled exhaust unless a properly operating Amended muffler is installed thereto. Sept. 11/01 6. No person shall operate a motorboat so as to cause noise which disturbs the neighbourhood.

IV PENALTIES

1. Every person who violates any of the provisions of this by-law or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this by-law who neglects to do or refrains from doing anything required to be done by any of the provisions of this by-law, or who does any act which violates any offence against this by-law is guilty of an offence against this by-law and liable to the penalties hereby imposed. Each day that the violation continues to exist shall constitute a separate offence.

Attachment E

2. Every person who commits an offence against this by-law is liable to a fine and penalty of not more than Five Hundred Dollars ($500.00) and not less than Fifty Dollars ($50.00) for each offence, and in default of payment thereof, forthwith or within such time as the presiding Provincial Court Judge or Justice of the Peace shall direct, the fine imposed shall be recoverable under the provisions of the "Offence Act", Revised Statutes of British Columbia, 1979, Chapter 305 and all amendments thereto.

V GENERAL PROVISIONS

1. This by-law hereby repeals the Regional District of Central Okanagan Noise Control By-law No.219, 1981.

2. This by-law may be cited for all purposes as the Regional District of Central Okanagan Noise Control By-law No-403 . 1989.

READ A FIRST TIME THIS 6th DAY OF November , 1989. READ A SECOND TIME THIS 6th DAY OF November . 1989. READ A THIRD TIME THIS 6th DAY OF November , 1989. RECONSIDERED, FINALLY PASSED AND ADOPTED THIS 18th DAY OF June ,1990.

CHAIRPERSON SECRETARY I hereby certify the foregoing I hereby certify the foregoing to be a 'true and correct copy to be a true and correct copy of By-law No. 403 , cited as of By-law No. 403 , cited as "Regional District of Central "Regional District of Central Okanagan Noise Control By-law Okanagan Noise Control By-Law No. 403, 1989, as read a third No. 403 , 1989, as adopted by time by the Regional Board on the Regional Board on the 18th the 6th day of November day of June, 1990. 1989. Dated at Kelowna, B.C. this Dated at Kelowna, B.C. this 8th day of November,1989. 19th day of June ,1990.

Secretary Secretary

Attachment F Page 1 of 5

DISTRICT OF LAKE COUNTRY PROHIBITION OF UNSIGHTLY PREMISES BYLAW

CONSOLIDATED VERSION (including the following amendments adopted prior to December 01, 2001)

This is a consolidated copy to be used for convenience only. Users are asked to refer to the District of Lake Country Noise Control Bylaw as amended from time to time to verify accuracy and completeness.

Amending Bylaw No. Summary of Amendments Adoption

387 Deletion and addition of new definition September 11, 2001 “Rubbish”, section 2, I. Interpretation

Deletion and addition of new definition “Unsightly”, section 2, I. Interpretation

Deletion Section 7, Part 1V. Exemption of Farm Operations, replaced with new IV. Exemptions

Attachment F

REGIONAL DISTRICT OF CENTRAL OKANAGAN

BY-LAW N0.433 (CONSOLIDATED) (AMENDED BY BYLAW 387) CONSOLIDATED FOR CONVENIENCE ONLY PROHIBITION OF UNSIGHTLY PREMISES BYLAW WITH AMENDMENTS

Being a by-law to prohibit unsightly premises.

WHEREAS by By-Law, cited as the "Regional District of Central Okanagan Unsightly Premises Extended Service Establishment By-Law No. 409, 1990", the Regional District of Central Okanagan authorizes the Regional Board of the said Regional District to exercise the powers set out in sections 932(b), (g), (h), (h.1), (k), section 934.1, 934.2 and 934.3 of the Municipal Act R.S.B.C. 1979 and;

WHEREAS Section 932 (g) of the said Act provides that the Regional Board may, by by-law, prohibit persons from causing or permitting water, rubbish, noxious, offensive, or unwholesome matter to collect or accumulate around their premises or from depositing or throwing bottles, broken glass or other rubbish in any open place, and;

WHEREAS Section 932 (h) of the said Act provides that the Regional Board may, by by-law, prohibit the owners or occupiers of real property from allowing their property to become or remain unsightly, and require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, or rubbish; and further provides that where a person fails to comply with a requirement or removal, the Regional Board, by its employees or other persons at reasonable times and in a reasonable manner, may enter on the property and effect the removal, at the expense of the person who has failed to comply and further provides that where the person at whose expense the removal is carried out does not pay the cost of removal on or before the 31st day of December in the year the removal was done, shall be added to and form part of the taxes payable on the property, as "taxes in arrears" and;

WHEREAS the Regional Board does not wish to interfere with traditional farming operations and;

WHEREAS it is deemed advisable and expedient that, for the protection of property owners generally in the Regional District of Central Okanagan as hereinafter described, such powers be exercised and necessary and sufficient regulatory measures be enacted.

NOW THEREFORE the Regional Board of the Regional District of Central Okanagan in open meeting assembled, enacts as follows:

1. This by-law shall apply for all purposes to that tract of land known and described as the Regional District of Central Okanagan in the Letters Patent or in Supplementary Letters Patent incorporating the Regional District, excluding thereout the Municipality of the City of Kelowna and the Corporation of the District of Peachland.

I. INTERPRETATION

2. In this by-law, unless the context otherwise requires: Attachment F Page 3 of 5

BYLAW ENFORCEMENT OFFICER shall mean the Bylaw Enforcement Officer or his assistants appointed from time to time by the Regional District of Central Okanagan.

OCCUPIER shall have the meaning given to it by Section 1 of the Municipal Act.

OWNER shall have the meaning given to it by Section 1 of the Municipal Act.

REGIONAL DISTRICT shall mean and be the Regional District of Central Okanagan as described in the Letters Patent or subsequent amendments incorporating the said Regional District, excluding thereout the Municipality of the City of Kelowna and the Corporation of the District Municipality of Peachland.

REGIONAL BOARD shall mean the Regional Board of the Regional District of Central Okanagan holding office for the time being.

REAL PROPERTY shall have the meaning given to it by Section 1 of the Municipal Act.

PERSON includes a corporation, partnership or party and the personal or other legal representatives of such person to whom the context can apply according to law.

Amended “RUBBISH shall mean all filth, rubbish, garbage, glass, paper, discarded or broken items, Sept. 11/01 including scraps of lumber, plywood, metal, plastic and other building materials, derelict machinery, unlicensed vehicles and parts thereof.”

Amended Sept. 11/01 “UNSIGHTLY shall mean the unenclosed storage or accumulation of rubbish on real property.” .

II. REGULATION

3. Unsightly Premises:

(a) No person, being an owner or occupier of real property within the Regional District, shall allow such property to become unsightly.

(b) All owners and occupiers of real property within the Regional District are hereby required, when such real property is in an unsightly condition, to remove therefrom all rubbish.

III. ENFORCEMENT

4. The Bylaw Enforcement officer is hereby authorized to enter, at all reasonable times, upon any real property within the Regional District for the purpose of inspecting the said property, in order to ascertain whether or not the said property is in an unsightly condition.

5. Complaints regarding unsightly real property shall be made in writing to the Bylaw Enforcement Officer who shall without undue delay inspect the real property that is the subject of the complaint. Attachment F

6. Should the owner or occupier of real property fail to remove from their real property all rubbish of any kind after being given thirty (30) days notice to remove the same, the Regional District by its employees and other persons may enter upon such real property, at reasonable times and in a reasonable manner, and effect removal of such rubbish at the expense of the persons who failed to comply, and the charges for so doing, if unpaid on the 31st day of December in the year in which the rubbish is removed, shall be added to and form part of the taxes payable in respect of that real property as taxes in arrear. Any notice required to be given under this section shall be validly given if delivered personally to such owner or occupier or mailed by prepaid, registered mail and addressed to such owner or occupier in care of the ordinary postal address for such real property or to the address of such owner or occupier as set out in the last revised assessment roll.

Amended Sept. 11/01 “IV. EXEMPTIONS

7. This bylaw provides for the following exemptions:

(a) On land within the Agricultural Land Reserve, storage of waste and organic fertilizers is permitted on property being used for agriculture in compliance with the Farm Practices Code and the Waste Management Act.

(b) On land within the Agricultural Land Reserve, storage of machinery, farm vehicles, and associated farm materials and two (2) unlicensed non-farm vehicles is permitted on property being used for agriculture.

(c) On land outside the Agricultural Land Reserve, storage of rubbish is permitted if kept within an accessory building provided it does not create a fire hazard as determined by the District of Lake Country Fire Chief.

(d) On land outside the Agricultural Land Reserve, storage of rubbish is permitted if kept within a screened area provided it does not create a fire hazard as determined by the District of Lake Country Fire Chief. Each property may have one screened area forming an enclosure of a maximum size of 30 m2 (323 sq. ft.) and must consist of a solid wood fence or evergreen landscaping 1.83 m (6 ft) in height.

(e) On land outside the Agricultural Land Reserve, storage of one (1) unlicensed vehicle is permitted.

8. Bylaw No. 132 cited as "The Regional District of Central Okanagan Prohibition of Untidy and Unsightly Premises Bylaw No. 132, 1977" is hereby repealed.

9. This by-law may be cited for all purposes as "The Regional District of Central Okanagan Prohibition of Unsightly Premises Bylaw No. 433 , 1990".

READ A FIRST TIME THIS 28th DAY OF May 1990 READ A SECOND TIME THIS 28th DAY OF May 1990. READ A THIRD TIME THIS 28th DAY OF May 1990. Approved by the Inspector of Municipalities this 19th day of December , 1990.

RECONSIDERED AND ADOPTED THIS 21st DAY OF January, 1991. Attachment F

CHAIRPERSON SECRETARY

I hereby certify the foregoing to be a true and correct copy of Bylaw No.. 433 cited as "The Regional District of Central Okanagan Prohibition of Unsightly Premises Bylaw No. 433 1990" as read a third time by the Regional Board on the 28th day of May, 1990. Dated at Kelowna, B.C. this 30th day of May 1990 .

Secretary

I hereby certify the foregoing to be a true and correct copy of Bylaw No. 433 cited as "The Regional District of Central Okanagan Prohibition of Unsightly Premises Bylaw No. 433. 1990" as adopted by the Regional Board on the 21st day of January, 1991. Dated at Kelowna, B.C. this 22nd day of January 1991 Secretary Attachment G

DISTRICT OF LAKE COUNTRY

NUISANCE ODOURS PROHIBITION BYLAW 99-280

CONSOLIDATED VERSION

(Includes amendment as of February 15, 2000)

This is a consolidated copy to be used for convenience only. Users are asked to refer to the District of Lake Country Soil Regulation Bylaw as amended from time to time to verify accuracy and completeness.

Amending Bylaw Summary of Amendments Adoption 303 Section 5 (2) Offences and Penalties February 15, 2000 amended by changing the amount of “Five Hundred Dollars ($500.00)” to “One Hundred Dollars ($100.00)

Attachment G

Bylaw 99-280 2

DISTRICT OF LAKE COUNTRY

BYLAW 99-280

A BYLAW TO REGULATE AND PROHIBIT THE MAKING OR CAUSING OF NUISANCE ODOURS IN THE DISTRICT OF LAKE COUNTRY

WHEREAS Section 725 of the Municipal Act, R.S.B.C. 1996, c. 323 permits Council, by bylaw, to prevent, abate and prohibit nuisances, and provide for the recovery of the cost of abatement of nuisances from the person causing the nuisance or other persons described in the bylaw;

AND WHEREAS in relation to the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia, Council may by bylaw, require the owners or occupiers of real property, or their agents, to eliminate or reduce the fouling or contaminating of the atmosphere through those emissions;

NOW THEREFORE the Council of the District of Lake Country, in open meeting assembled, enacts as follows:

Title

1. This Bylaw may be cited as "District of Lake Country Nuisance Odours Prohibition Bylaw 99-280".

Definitions

2. (1) In this bylaw, unless the context otherwise requires (a) “air” means the atmosphere but does not include the atmosphere inside i. a human-made enclosure that is not open to the weather, or ii. an underground mine; (b) “Bylaw Enforcement Officer” means an officer or employee of the District authorized by Council resolution to administer this bylaw, and includes the lawful deputy of that person; (c) “District” means the District of Lake Country; (d) “nuisance odour” means an odour in the air that disturb the peace, rest, enjoyment, comfort, or convenience of the neighbourhood or of persons in the vicinity; Attachment G

Bylaw 99-280 3

(e) “Regional District” means the Regional District of Central Okanagan;

(2) Except as provided in subsection 2.(1), all words, terms and expressions used in this bylaw shall be interpreted in accordance with the definitions in the Municipal Act.

General Regulations

3. (1) Nothing in this bylaw is intended to conflict with the Waste Management Act except that this bylaw may impose further restrictions or require further conditions than those imposed by the Waste Management Act. (2) Nothing in this bylaw is intended to conflict with the Farm Practices Protection (Right to Farm) Act except that this bylaw may impose further restrictions or require further conditions than those imposed by the Farm Practices Protection (Right to Farm) Act. (3) Nothing in this bylaw is intended to conflict with Regional District Smoke Control Regulatory Bylaw No. 773, except that this bylaw may impose further restrictions or require further conditions that those imposed by Regional District Smoke Control Regulatory Bylaw No. 773 or any other Regional District Bylaw.

Regulations and Prohibitions

4. No person being the owner or occupier of real property shall allow or permit such real property to be used so that nuisance odours emanate therefrom. Offences and Penalties

5 (1) the Bylaw Enforcement Officer of the District may, at all reasonable times enter on and inspect any property to ascertain whether this bylaw is being observed. (2) Any person who contravenes the provisions of this Bylaw commits an offence and is liable on summary conviction to a fine not less than One Hundred Dollars ($100.00) and not more than Fifty Thousand Dollars ($50,000.00) (3) Each day during which any violation of a provision of this bylaw is continued shall constitute a new and separate offence. Ticketable Offences 6. (1) Ticketable offences under this bylaw, and the fines therefor, shall be those set out in the District’s Municipal Ticket Information Bylaw. Attachment G

Bylaw 99-280 4

(2). Tickets issued for a ticketable offence shall be as set out under provisions of the Municipal Act.

READ A FIRST TIME this 12th day of August, 1999.

READ A SECOND TIME this 12th day of August, 1999.

READ A THIRD TIME this 23rd day of September, 1999.

ADOPTED this 25th day of September, 1999.

“original signed by Bob McCoubrey” “original signed by Lynda Shykora” Mayor Clerk, Deputy

I hereby certify the foregoing to be a true and correct copy of Bylaw 99-280 cited as the “District of Lake Country Nuisance Odours Prohibition Bylaw” as adopted by the Municipal Council on the 25th day of September, 1999.

Dated at Lake Country, B.C. Clerk, Deputy