CARSTAIRS - Town council has added cannabis to the municipality’s bylaw prohibiting the public use of intoxicating substances.
The move came by way of motion at the recent regularly scheduled council meeting.
Bylaw No. 919 defines intoxicating substances as “any substance that is produced naturally in plants and animals as well as those produced in laboratories that can change sensations, mood, consciousness or other psychological or behaviour functions, that are prohibited under the provisions of the controlled Drugs and Substances Act, and the Criminal Code of Canada, and includes liquor within the meaning of the definition of the Gaming and Liquor and Cannabis Act.”
The legislation also states that except as provided in the bylaw, “no person may use, consume or possess an intoxicating substance in a public place or any place other than a residence, temporary residence with the exclusion of campgrounds, licensed premises or a place or class of place prescribed in existing legislation in the province where intoxicating substances may be used, consumed or possessed.”
Possession fines start at $200 for first offence, $400 for second offence, and $600 for third offence.
Bylaws repealed
Meanwhile, council has repealed a 1982 bylaw that allowed for the operation of off-highway vehicles (OHV) in town limits.
The bylaw states that OHVs are permitted to operate in town subject to provisions of the Off Highway Act, that no person under the age of 14 shall operate an OHV in a public place, and that a maximum speed of 15 kilometres per hour must be maintained.
As well, the bylaw stated that OHVs could be operated in town “as far away from the travelled roadway as is practicable under the circumstances, and provided that OHVs are only used as the most direct route out of town and back to their place of residence and are not to be travelled by any OHV for any other purpose.”
The bylaw was repealed because it has been replaced by a newer bylaw.
Under that new bylaw, it is unlawful to operate an OHV in town, with some exceptions, said Carl McDonnell, the town's chief administrative officer.
“This provision allows for use during parades, events or repair and maintenance of public property such as a quad with a sprayer on it,” he said.
Meanwhile, council also repealed an historic bylaw that prohibited any person from injuring a tree on public property in the-then Village of Carstairs.
The bylaw stated, in part, that, “no person shall climb, break, bark, peel, cut, deface, remove, injure or destroy the whole or any part of any tree, sampling or shrub now growing or that may be planted by any person on any street, square, park, avenue or public place in Carstairs.”
The bylaw included provisions allowing trees to be removed or relocated to make way for construction of sidewalks and other infrastructure, with written permission from council.
It has also been replaced with a new bylaw.