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changes to chronic nuisances and swearing

New Community Standards Bylaw gets initial council approval

Apr 12, 2021 | 5:06 PM

A new Community Standards Bylaw is on the path to approval at The City of Red Deer.

On Monday, city council passed first reading of the new bylaw which will replace the original Community Standards Bylaw adopted in 2007.

At its core, the original bylaw regulates activities such as noise, nuisances, unsightly premises and public disturbances.

It is frequently utilized by Inspections & Licensing, Municipal Policing Services and Red Deer RCMP.

City Compliance Officers responded to 925 property nuisance files in 2020, down from 1,714 the year prior. RCMP responded to about 2,000 files related to the Community Standards Bylaw as a whole last year. The majority of complaints are related to noise.

“The refreshed Community Standards Bylaw will provide greater clarity, enhance its effectiveness and create stronger, more enforceable regulations,” says Erin Stuart, Inspections & Licensing Manager. “We are also proposing innovative methods for addressing chronic nuisance properties in Red Deer.”

Many of the changes in the new bylaw are based of concerns identified by citizens during Neighbourhood Life and We Are Better Together public engagement events held more than a year ago.

One proposed change would see Red Deer become the first municipality in Alberta to adopt certain standards related to chronic nuisances.

The City Manager could take action by designating a property as a ‘chronic nuisance’ if there are eight complaints within six months or four complaints within 48 hours about said property. If the property is sold or transferred, it’s designation may be rescinded.

Costs related to nuisance abatement may be imposed on the person(s) occupying or owning the chronic nuisance site. Council heard some municipalities in British Columbia have found this method of designating chronic nuisances successful.

Offenders would be able to appeal to the Red Deer Appeal and Review Board. There would also be regulations around people making frivolous or vexatious complaints.

It’s also proposed the new bylaw not include a section on swearing, as swear words can be subjective, administration said. There would be a section that addressed yelling and screaming, which admin explained would likely cover an instance of swearing anyway.

Currently, a first offence for swearing in public is $150, a second within one year is $250, and a third is $500.

The new bylaw, as proposed, would also not include a section on curfews, as administration explained it opens the City up too much to legal challenges. The current bylaw stipulates no child under 16 shall be in a public place during a curfew period of 12 a.m. to 6 a.m. unless accompanied by a parent of guardian.

A breach of curfew can lead to a fine ranging from $125 to $500.

The new bylaw even addresses length of grass, proposing a maximum height of 15 centimetres.

Additionally, the new legislation would regulate unoccupied buildings, which are defined as buildings where the owner or tenant has not occupied it for a continuous period of 30 out of 45 days.

The purpose of this is to secure against unauthorized entry, vandalism or other damages. Council members asked administration to come back with wording that would exempt snowbirds from this rule.

“Strengthening the Community Standards Bylaw will allow us to be more nimble and responsive in the enforcement of our bylaws,” says Bart Rowland, Municipal Policing Services Manager. “These updates helps us respond to changing social dynamics, and ultimately, helps improve community safety and reduce crime.”

The matter will return to council for final approval on April 26.