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File #: BL-24-044    Version: 1 Name:
Type: Bylaw Status: Failed
File created: 12/4/2024 In control: City Council
On agenda: 12/17/2024 Final action: 12/17/2024
Title: Bylaw 30/2024 Community Standards Bylaw Amendments Presented by: Aaron Giesbrecht, Manager Policing Services, Emergency Services
Attachments: 1. CSB Amending Bylaw - 30_2024, 2. Previous Distributed Information (Bylaw 30-2024)

TAMRMS#:  B06

10.4

 

 

REQUEST FOR DECISION

 

 

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Bylaw 30/2024 Community Standards Bylaw Amendments

Presented by: Aaron Giesbrecht, Manager Policing Services, Emergency Services

 

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RECOMMENDED MOTION(S)

recommendation

 

That Bylaw 30/2024 be read a third time.

 

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SUMMARY

 

Bylaw 30/2024 was presented to Council on December 3, 2024 and received both 1st and 2nd reading. It is now before Council for consideration of its 3rd and final reading.

 

ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION

 

At the December 3, 2024 Council meeting, Bylaw 30/2024 Community Standards Bylaw Amendment was given first and second reading, as amended. Please see below the approved amendment:

 

BL-24-043

That Bylaw 30/2024 be amended by deleting section 2(d) in its entirety and replacing it with the following: 

2(d) Adding the following definition as subsection (v): “Weed” means:

a. a noxious or prohibited noxious weed as defined in the Weed Control Act, or 

b. a plant that is commonly known as a weed including but not limited to chickweed and stinkweed but does not include clover provided that the clover is: 

i. planted in such a way that it is contained within a defined flower bed, shrub bed, or container such as a planter, barrel or pot, or 

ii.                     planted as a lawn alternative and kept under the Grass height standard set in section 5(2)(f).

 

BACKGROUND AND DISCUSSION

 

Amendments to the Community Standards Bylaw are being considered as per direction provided to Administration from Council that looks to increase a wider scope of landscaping options that residents can consider such as but not limited to food crops, pollinating gardens, rain gardens, and xeriscaping. 

 

On December 3, 2024, Council provided 1st and 2nd readings to Bylaw 30/2024. Additionally, prior to second reading, Council directed that the word “dandelion” be removed as an example of a weed in the new proposed definition of “weed”.

 

This amendment does not change the application of the bylaw which will continue to require property owners to maintain dandelions on their property at the 15 cm height standard set in the Community Standards Bylaw. 

 

Previously distributed information from the December 3, 2024 Council meeting is attached.

 

STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT

 

Refer to the December 3, 2024 agenda report.

 

IMPACTS OF RECOMMENDATION(S)

 

Financial:

 

None at this time.

 

Compliance & Legal:

 

The amendment that has been made may weaken the City’s prosecution of a Community Standards Bylaw charge that relates to a property owner failing to keep dandelions below 15 cm.  

 

Program or Service

 

Refer to the December 3, 2024 agenda report.

 

Organizational:

 

Refer to the December 3, 2024 agenda report.

 

Risks

 

Refer to the December 3, 2024 agenda report.

 

ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN

 

Not applicable.

 

ALIGNMENT TO SERVICE DELIVERY

 

Not applicable.

 

IMPACTS OF ALTERNATIVES CONSIDERED

 

ALTERNATIVE 1: Do Nothing.

 

Financial:

 

None at this time.

 

Compliance & Legal:

 

If Council does not give third reading to Bylaw 30/2024, the bylaw will not be approved and the current Community Standards Bylaw will apply until such time as it is amended.

 

Program or Service

 

None at this time.

 

Organizational:

 

None at this time.

 

Risks

 

None at this time.

 

 

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Report Date: December 17, 2024

Author(s): Aaron Giesbrecht

Department:  Emergency Services - Policing Branch

Department Director: Everett Cooke

Managing Director: Diane McMordie

Chief Administrative Officer: Bill Fletcher