HomeMy WebLinkAbout94-180
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-180
being a By-law for the Prohibition and Abatement of certain Public
Nuisances within the Municipality
WHEREAS Section 210(140) of the Municipal Act, R.S.O.1990 c. M.45
permits Councils of local Municipalities to pass by-laws to
prohibit and abate public nuisances.
NOW THEREFORE the Council of the Municipality of Clarington enacts
as follows:
DEFINITIONS:
1. (a) "BEG" shall mean to go from place to place or to remain
stationary and, while there, to solicit donations for
oneself or another person. To "BEG", however shall not
include neither to solicit donations on behalf of a bona
fide charity;
(b) "MUNICIPALITY" shall mean the Corporation of the
Municipality of Clarington and where the context so
implies, members of its staff and council;
(c) "HIGHWAY" shall mean a common and public highway, street,
avenue, parkway, driveway, square, place, bridge, viaduct
or trestle, designed or intended for or used by, the
general public for the passage of vehicles or persons,
whether under the jurisdiction of the Regional
Municipality of DURHAM or the MUNICIPALITY, and including
any surface, grassed area, boulevard, ditch, curb, gutter
and sidewalk within the lateral property lines of the
HIGHWAY;
(d) "OFFICER" shall include a police officer or police
constable or other person employed for the preservation
and maintenance of the public peace or for the service or
execution of civil process; and includes a person
assigned the responsibility of administering and
enforcing this By-law, and all persons acting under his
or her instructions;
(e) "PERSON" shall include the individual, sole
proprietorship, partnership, unincorporated association,
trust, or a body corporate;
(f) "PEDESTRIAN" shall mean a person on any part of a highway
who is on foot or a person in a wheelchair, baby carriage
or any similar, legally operated, ambulatory device.
PROHIBITION ON CERTAIN PUBLIC NUISANCES:
2. No person shall beg, ei ther from door to door, or on any
highway or in any other public place.
3. No person shall solicit any other person on any highway or in
any other public place, for any commercial purpose, except for
donations on behalf of a bona fide charity.
4. No group of three or more persons shall gather together and
stand in a group or near each other on any highway, or on any
pedestrian walkway, or in any other public place, in such a
manner as to obstruct a free passageway for pedestrians or
vehicular traffic after having been requested to move on by an
officer.
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5. No person shall use any highway, pedestrian walkway or any
other public place in a manner to crowd, or jostle pedestrians
or to create discomfort, disturbance or confusion for
pedestrians. Without limiting the generality of the
foregoing, it shall constitute an offence for a person to
cause a disturbance on any highway or on a pedestrian walkway
or in any public place by screaming, yelling or using profane
or abusive language in a manner which is audible to passersby.
6. No person shall conduct any activity which interferes with
travel or other lawful use of the highway,pedestrian walkway
or other public place, by pedestrians or otherwise.
7. No person shall loiter on any highway, pedestrian walkway or
other public place, after having been requested by an officer
to move on.
8. No person shall deface or damage any real or personal property
which is owned by the Municipality. Prosecution with respect
to this offence shall not preclude any other legal actions
required to recover damages required to repair, replace or
restore damaged real or personal property, as the case may be.
PENALTIES:
9. Any person who contravenes any provision of this By-law is
guilty of an offence.
GENERAL PROVISIONS:
10. All words and personal pronouns relating to words contained in
this By-law shall be read and construed with the number and
gender of the person or persons referred to in each case.
11. Should any paragraph, clause or phrase in this By-law be
declared by a court of competent jurisdiction to be invalid in
whole or in part, the validity of the other provisions of the
By-law shall be affected thereby, the intent of Council being
that each provision of the By-law shall be determined to be
separately valid and enforceable to the fullest extent
permitted by law.
12. This By-law shall come into full force and effect as of the
date of its passing.
By-law read a first time this 28th day of November
1994
By-law read a second time this 28th day of November
1994
Read a third time and finally passed this 28th day
of November 1994