Canada
Province of Québec
County of Gatineau
Municipality of Kazabazua
By-Law_________________
Title
By-Law relating to other nuisances
Considering that
the regulations on nuisances previously adopted by
the Municipality of Kazabazua does not take into
account all forms of nuisances;
Considering that
article 546, paragraph 1 and 2 of the Municipal
Code, gives onto the municipality the power to
legislate in the matter of nuisance and the right to
define and to decree what constitutes a nuisance, to
write fines, set or impose any measure intended to
eliminate or to prevent nuisances;
Considering that
Municipal Councillors consider it necessary to adopt
a by-law on other nuisances;
Considering that
the Municipality of Kazabazua’s previously adopted
by-laws on the matter of nuisances will remain
current and in full effect;
Considering that
conforming to article 445 of the Municipal Code, a
notice of motion was deposited at the regular council
meeting ……. by …….;
Consequently, it is proposed by :
and resolved to adopt the by-law relating to other applicable nuisances on
the territory of the Municipality of Kazabazua;
Article 1 :
Interpretative and administrative provisions
The preamble forms an integrated part of the present by-law.
The present by-law must not be considered as limiting the application or
the general points of the other by-laws adopted by the municipality of
Kazabazua in regards to nuisances and in the event this by-law does not
address the issues at hand, it will be necessary to refer to the other by-laws
of the municipality with regards to nuisances.
In cases of contradiction in wording or context, expressions, terms and
words in this by-law, outlined in the present article, the meaning and
application will be applied based on this current by-law.
1-1)
RESPONSIBLE OFFICER - signifies the designated employee, being
municipal inspector, municipal building & environmental inspector or its
duly authorized representative;
1-2)
RUNNING WATER – signifies all permanent waterways, including
sources of drinking water located on the territory of the municipality of
Kazabazua, which do not dry during periods of drought;
1-3)
CHEMICAL FERTILIZER – signifies specifically means for this by-law,
spreading of chemical fertiliser in liquid, solid, granule, or any other form
most commonly used for the up-keep of lawns;
1-4)
SCRAP IRON – signifies all scrap iron or steel, old iron pieces or or iron
implements, carcasses or parts of carcasses of machinery vehicles, or
household appliances;
1-5) CHEMICAL WEEDKILLER – signifies specifically, for this by-law,
spreading chemical weed killer in the form of liquid, solid, granule, or any
other form, most commonly used for the up-keep of lawns;
1-6)
LIMIT OF HIGH WATER - signifies the part of land likely to be
submerged temporarily when water is at its highest level during the year;
1-7)
NUISANCE - signifies any instance which can be charactarized as being
harmful and which can threaten the general or stable environment, the
public well-being, well-being of the neighbourhood or the esthetics of the
area;
1-8)
CHEMICAL PESTICIDE – signifies, specifically for the purposes of this
by-law, spreading of chemical pesticide in liquid, solid, granule, or any
other form, most commonly used for the maintenance of lawns;
1-9)
WATER WAY - without limiting the general definition of watercourses
mentioned in 1-2, a waterway means all lakes (including rivers and
creeks), ponds and swamps situated on the territory of the Municipality of
Kazabazua;
1-10) PUBLIC PROPERTY – signifies all property, roads, streets, boulevards,
crescents, sidewalks and parks belonging to the Municipality of
Kazabazua;
1-11) ROAD VEHICLES – for the purposes of the present by-law, the word
"road vehicle" includes that which is attributed in the Quebec Road
Security Code (L.R.Q. C.24-2), article 4, copy of which is annexed to the
present by-law;
1-12) ANIMALS - for the purposes of the present by-law the word "animals"
signifies domestic animals only, and is not restricted to dogs, cats and farm
animals. The present definition does not include wild animals, that which
can not be personal property.
1-13) RESIDUAL MATERIAL - articles 2-1 and 2-2 of the present by-law, it is
necessary to understand the notion of residual material, residual meaning
garbage, garbage bags, torn garbage bags with waste, scrap iron, paper,
wood piles other than firewood stored outside for domestic usage, bottles
or empty bottles, domestic garbage, refuse, rebus of sorts, nauseating
substances, animal carcasses, an accumulation of building or demolition
materials or except as authorized for a specific period by the Municipality
of Kazabazua that these works of construction or demolition, during a
reasonable period, piles of branches, bushes other than for purposes of
domestic composting or burning (the whole under reserve of article 5-1b)
of the present by-law for burning, chemical or toxic products, including
new or used oil and all oil by-products such as: tires, or all other types of
residual material.
1-14) FARMING ANIMALS - for the purposes of the present by-law, the notion
of farming animals signifies an owner who keeps more than "2" animals
for the purpose of breeding and this, contrary to article 2-10 of the present
by-law.
1-15) STREET AREA – under the present by-law is described as being the
surface area a road or street and can include the areas incorporated into the
street area (ditches, etc.) forming part of the public community.
1-16) URBANIZATION PERIMETER - understood, notably in article 4-4d) in
the present by-law as being the zone of Kazabazua's municipality defined
as such in the various by-laws of the municipality.
ARTICLE 2:
2-1)
General provisions
Constitutes a nuisance, the actions of an owner or occupant of a building,
to throw, deposit or let trail on this building:
1234-
garbage;
scrap metal;
paper;
wood piles other than external storage of firewood for domestic
purposes;
5- empty bottles or cans;
6- household waste;
7- rubbish;
8- rejects of all kinds;
9- nauseating substances;
10- animal carcasses;
11- accumulation of demolition or building material, except that which is
authorized by the municipality of Kazabazua for a period of time
required to carry out demolition or building work, all within a
reasonable period.
12- accumulations of branches, undergrowth other than for domestic
composting or burning, the whole subject to article 5-1 b) of this bylaw as for burning.
13- chemicals or toxic products including new or used oil and all
derivative petroleum such as:
13-1- tires;
13-2- any other type of residual matter;
2-2)
Constitutes a nuisance, the actions of any person, to throw, deposit or
leave on public property:
1- garbage;
2- garbage bags;
3- torn garbage bags;
4- empty bottles or cans;
5- refuse;
6- rejects of all kinds;
7- household refuse;
8- accumulation of building materials;
9- accumulation of branches or undergrowth;
10- scrap metal;
11- tires out of use;
12- all other types of residual matter;
Notwithstanding what proceeds, the actions by any owner of a building or
its occupant, to deposit within the authorized periods, bags of household
refuse in a garbage box, private or municipal, located on the edge of a
municipal roadway, does not constitute a nuisance;
2-3)
2-4)
Constitutes a nuisance, the actions by any owner or occupant of a building,
to use an old freezer or any other apparatus of the same kind as a garbage
box;
Constitutes a nuisance, the actions by any person of being at the municipal
dump apart from the official hours of business, without having obtained
authorization from a municipal authority;
2-5)
Constitutes a nuisance, the actions by any person not owning of a building
located on the territory of the municipality of Kazabazua, or by any person
who does not have in his/her possession a construction permit number
issued by the Municipality of Kazabazua, to throw or deposit at the
municipal dump of Kazabazua, waste, building materials, worn out tires,
scrap metal, old pieces of furniture, or any other residual matters, without
having obtained written authorization from a municipal authority
beforehand;
2-6)
Constitutes a nuisance, the act of leaving a pit, hole, excavation or
foundation of a building if this pit, hole, excavation, or foundation is likely
to create a public menace;
2-7)
Constitutes a nuisance, the actions of the owner of a building, to keep one
or more dead or dangerous trees near a residence or a public place;
2-8)
Constitutes a nuisance, the actions of any person, to create a condition
likely to encourage the presence or the proliferation of vermin or rodents,
more particularly and without restricting the general information of what
proceeds, constitutes a nuisance the actions of all owners or occupants of a
building to throw away, deposit or let trail on this building, animal
carcasses or animal parts;
2-9)
Constitutes a nuisance, the actions by the owner of a building to allow
trees or branches to block the private road entrance of a building,resulting
in preventing the passage of emergency vehicles (fire
trucks/ambulance/police) or other vehicles of public service:
2-10) Constitutes a nuisance, the actions by any owner or occupant of a building
to practice or exert the breeding of animals, the whole as defined in the
present by-law, apart from an agricultural zone recognized by the
authorities of the municipality and identified on the zoning plan # of the
municipality of Kazabazua.
ARTICLE 3: Provisions relating to road vehicles and scrap metal
3-1)
Constitutes a nuisance, the actions by the owner of a building, vacant or
built, to throw, deposit or leave a mess on this property:
1234567-
3-2)
scrap metal
road vehicles, out of use;
one or more road vehicle frames;
parts or remains of road vehicles;
mechanical apparatuses, non-functional;
parts or mechanical remains of apparatuses;
parts or remains of vehicles of all kinds;
The exception being for zones and buildings where the regulations allow
it, constitutes a nuisance, the actions by the owner or occupant of a
property to proceed, authorize or tolerate dismantling, modification or
repairing of a road vehicle outside a closed building, except for the normal
maintenance of a road vehicle pertaining to the owner or the occupant of
the property.
ARTICLE 4: Provisions relating to water, waterways and water levels
4-1)
Constitutes a nuisance, the actions by the owner of a property, to allow on
such a property, the presence of one or several water ponds stagnating of
natural origin, or emanating from a defective septic installation;
4-2)
Constitutes a nuisance, the actions of installing or placing at the entrance
of a street any obstruction, as defined in article 1-15 of the present by-law,
or doing work likely to prevent the normal flow of rainwater, without prior
authorization from the municipality of Kazabazua, in writing, or under the
terms of some other applicable by-law;
4-3)
Constitutes a nuisance, the action of pouring, pushing, depositing, or
throwing, snow or ice from a private property on the street, road,
sidewalks or on public property;
4-4)
a) Constitutes a nuisance, the actions by an owner or the occupant of a
property, to spread or to have spread on the aforementioned property,
within a width of ground measuring one hundred fifty (150) meters,
measured starting from the highest limit of water or a water level and or a
water stream, according to circumstances, fertilizer, pesticide, or chemical
weed killer, in liquid, solid or granules form, or any other form of
fertilizer, pesticide, or chemical weed killer, particularly and without
restricting the general information of what precedes above, constitutes a
nuisance, the spreading of chemicals of comparable nature used for the
maintenance of lawns;
b) Notwithstanding what precedes in article 4-4 a) above, the reasonable
spreading of fertilizer made up of composted organic matter, diatonic
ground and pesticides whose active agent is of bacterial origin, do not
constitute a nuisance;
c) Notwithstanding what precedes in article 4-4 a) above, when the
property is located inside an agricultural zone of a dominant vocation, or
when the property is protected by acquired rights connected to agricultural
use, or when the property is a golf course recognized by the municipality
of Kazabazua, the nuisance applies, but the width of ground mentioned in
article 4-4 a) above, is reduced to 3 meters, measured starting from the
highest limit of water of a river or water level, according to the
circumstances;
d) Constitutes a nuisance, actions by an owner or occupant of a property
located inside the perimeter of urbanization (village zone) of the
Municipality of Kazabazua, the whole as defined in the present by-law
article 1-16, to spread or to have spread on the said property, manure;
4-5)
a) Constitutes a nuisance, the actions by any person, to throw objects,
matter or substance in a river or a water way;
b) particularly and without restricting the general information of what
precedes in article 4-5 a) above, constitutes a nuisance, actions by any
person to throw or pour in a river or a water stream, garbage, bags of
garbage, refuse, scrap metal, residual matter, including feces and urine,
water coming from a septic installation, exceptions being those provided
for by the BY-LAW ON EVACUATION AND TREATMENT OF USED
WATER FROM ISOLATED RESIDENCES (Q-2, r.8), the
aforementioned by-law being integrated into the present by-law.
4-6)
a) Constitutes a nuisance, the actions by any person, to wash themselves or
wash an animal in a river or a water stream, using shampoos, soaps,
including natural products, labelled as biodegradable or not;
b) Constitutes a nuisance, the actions by any person, to wash in or at the
immediate edge of a river or a water stream, any type of vehicle, whole or
part vehicle, or any other object, using shampoos, soaps, detergents,
stripping solutions, or other product of comparable nature, labelled
biodegradable or not;
ARTICLE 5 Provisions relating to the air pollution
5-1)
a) Constitutes a nuisance, the actions by any person, to cause or allow the
existence of sources of nauseous odours which disturb the normal pleasure
of the property in the vicinity;
More particularly and without restricting the general information of what
precedes in article 5.1 a) above, constitutes a nuisance, the actions by any
person, to burn waste garbage or materials other than wood in a natural
state, except when entertaining campfires in a secured area prepared for
this purpose are authorized;
b) More particularly and without restricting the general information of
what precedes in article 5-1 a) above, constitutes a nuisance, the actions by
the owner of a property to allow the existence of sources of nauseous
odour coming from a defective septic installation which disturbs the
normal pleasure of the properties in the vicinity;
5-2)
Without limiting the general information of what precedes, constitutes a
nuisance, the actions by any person of making a fire when it is prohibited,
by the Ministry of Natural Resources of Quebec or the Society for the
protection of forests against fire;
ARTICLES 6 Administrative Provisions
6-1)
The responsible officer is in charge of the application of this by-law;
6-2)
Any person creating, causing or allowing that which is considered a
nuisance contravenes the present by-law;
6-3)
Any person having created or having caused a nuisance described by this
by-law must, by order of the responsible authority, within the time allowed
by way of notice of breach of law, make disappear, eliminate, remove or
destroy this nuisance: failing to conform to the order received within the
time limit, or in the event of emergency, the authority responsible can have
everything done that is necessary to correct the situation at the expense of
this person.
The expenses incurred for the execution of this work are regarded as being
a priority credit on the property concerned, recoverable in the same
manner as a special tax. Instances where cleaning requires the interruption
or the detour of road traffic or pedestrians, the person given the obligation
to clean must first warn the responsible officer prior to undertaking
corrective measures.
6-4)
The Municipal Council of Kazabazua through this by-law, any peace agent
or responsible officer to undertake penal pursuit against any contravener
with all provisions of this by-law and generally authorizes these people to
deliver the reports of infringements useful to this end; these people will be
charged through the application of this by-law.
6-5)
The officer responsible for the application of this by-law is authorized to
visit, examine any personal estate and real, as well as the interior and the
outside of any house, property or unspecified property to note if this bylaw is respected, and any owner, tenant or occupant of these properties,
houses, and buildings, must receive them, permit them to enter, and
answer all questions which are asked to them relating with the execution
of this by-law;
The violation that makes it possible for the responsible officer to visit or
examine the house, building or office, as required in article 6-5(1),
constitutes an infringment of the present by-law within the meaning of
article 6-2 of this by-law, and is thus punishable within the meaning of
article 7;
ARTICLE 7 Provisions relating to the sanctions and recourse
7-1)
Any breach of the law or infraction with one or the other of the provisions
of this by-law makes the contravener liable, if it is an individual and in the
case of a first infraction, a minimum fine of one hundred ($100.00) dollars
plus expenses, but not exceeding one thousand ($1000.00) dollars plus
expenses. If the contravener is a legal entity, a minimum fine of two
hundred ($200.00) dollars plus expenses, but not exceeding two thousand
($2 000.00) dollars plus expenses;
7-2)
In the event of a repeat offence within two (2) years of the declaration of
guilt of the contravener, for an infraction of the same by-law, and if the
contravener is an individual, a minimum fine of two hundred ($200.00)
dollars plus expenses, but not exceeding two thousand ($2 000.00) dollars
plus expenses. If the contravener is a legal entity, of a minimum fine of
four hundred ($400.00) plus expenses, but not exceeding four thousand
($4 000.00) dollars plus expenses;
7-3)
If the infraction is continuous, it can be treated as such and fines
administered for each day.
ARTICLE 8 The present by-law enters into force
8-1)
The present by-law will come into effect in accordance with the Law.
___________________________
Mayor
___________________________
Secretary-Treasurer