Loading...
HomeMy WebLinkAboutCD-21-98 .. '\ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Date: June 22, 1998 Res. #6.p R - gg :;;:1- q ~ By-law # 7f-//7'- R # CD- 21-98 eport : Subject: IMPLEMENTATION OF A CURFEW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council: 1. THAT Report CD-21-98 be received; 2. THAT the attached amendments to By-law 94-180 be approved; and 3. THAT the interested parties listed in Report CD-21-98 be advised of Council's decision. BACKGROUND Staff has been requested to look into the feasibility of creating a by-law to impose a curfew within the Municipality of Clarington and to contact Durham Regional Police for their input. This direction came as a result of concems of youths congregating and bothering both merchants and the general public in the downtown. Inspector Smith has advised that such a curfew would be helpful to the Police Department if it could be imposed, but he was unsure of the legal basis for passing such a by-law. As Committee is aware, a municipality can only pass by-laws on matters for which the province has given it authority to act upon. Staff have researched the issue and checked with various other municipalities and are unable to find any legislative authority for such a by-law. The 1978 Child Welfare Act, had an 11 :00 p.m. curfew for children under 16 and allowed for apprehension of youth by police as "Children in Need of Protection". This Act was repealed in 1986 and the replacement legislation, the Child and Family Services Act, no longer provides for apprehension in these circumstances. 723 ", ~\ Report CD-21-98 -2- June 22, 1998 The passage of such a by-law could be viewed by the courts as a violation of section 15( 1) of the Canadian Charter of Rights and Freedoms which protects the public from discrimination in general and, among other provisions, discrimination based on age in particular. To create a by-law which makes it an offence for a 17 year old person to be found standing on the street at night while another person standing beside him is not committing an offence simply because he is one year older is a clear example of discrimination. In 1994, the Municipality passed a by-law to prohibit and abate certain public nuisances, to wit, loitering (see Attachment # 1). This by-law was instigated at the request of the Durham Regional Police and was to be used to deal with the loitering problems at the time. The by-law gave the police the authority to deal with loiterers and those impeding public traffic by requiring them to move along and disperse. If they failed to move along as directed, the offenders could be charged and a fine imposed on the spot, in the same manner as a traffic ticket. Once passed, staff sent a copy of the by-law to the Attorney General's office in order to establish the set fines for the various offences. The Attomey General's office had some concems with two sections of the by-law and would not approve the short form wordings, which would allow for the fines to be imposed. As a result the police have been very hesitant to lay charges under the by-law since it would result in tying them up in court for each charge. Correspondence with the Attorney General's office has been ongoing. Staff have reviewed the Attorney General's concerns and made the necessary amendments to the by-law, which are included in this report as Attachment #2. The Attomey General questioned the Municipality's authority to legislate against begging. Accordingly, Section 2 of the by-law which dealt with begging, will be deleted. The penalty wording will be amended to reflect the enabling legislation in the Provincial Offences Act, as requested by the Attorney General. Staff have met with the Bowmanville and Newcastle B.I.A.'s and with a representative of the Clarington Youth Council to discuss the proposed changes. Discussions have also taken place with Staff Sergeant Dionne of the Durham Regional Police conceming the matter and their co-operation has been sought in resolving the concern of youth congregating on the streets. In preparing this report, staff have consulted with the Municipality's solicitor as to the legal issues involved. Mr. Hefferon concurs with staffs opinion and the recommendations contained therein. 724 " i'l. Report CD-21-98 RECOMMENDATIONS - 3 - June 22, 1998 It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the passage of the attached amendments to By-law 94-180 and that the interested parties listed below be advised of Council's action. Respectfully submitted Reviewed by ~ W,H. Stockwell Chief Administrative Officer Individuals to be advised of Council's decision: Mr. Ron Hooper Chairman, Bowmanville Business Improvement Area C/o Hooper's Jewellers Ltd. 39 King Street West Bowmanville, Ontario L 1C 1R2 Mr. Ron Hope Chairman, Newcastle Business Improvement Area 24 King Street East Newcastle, Ontario L 1 B 1 H6 Mr. Dan Banting Chairman, Orono Business Improvement Area 5331 Main Street Orono, Ontario LOB 1 MO Mr, Ron Collis Collis & Reed Research Ad Hoc Youth Committee 177 Vail Meadows Crescent Bowmanville, Ontario L 1 C 4G8 Mr. R. Shaffaf Ad Hoc Youth Committee 32 Peachtree Crescent Bowmanville,Ontario L 1 C 4K8 Inspector Ross Smith Durham Regional Police 16 Division 77 Centre Street North Oshawa, Ontario L 1 G 4B7 725 Attachment III " ,) 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 I DEFINITIONS I 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 NUISANCESI 2. No person shall beg, either 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 nffirAr. 726 '" -2- 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 o( 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 dallt81,jt:l any :LC!al 0r person.:ll propeZ"~y 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 By-law read a second time this 28th day of November 1994 1994 Read a third time and finally passed this 28th day of November 1994 727 .., .... ATTACHMENT 112 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 98- Being a By-law to amend By-law 94-180, being a by-law to prohibit and abate certain public nuisances WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 94-180; NOW THEREFORE the Council of the Municipality of Clarington hereby enacts as follows: 1. By-law 94-180 is hereby amended by deleting subsection l(a) in its entirety and renumbering the remaining subsections (a) through (e). 2. By-law 94-180 is further amended by deleting section 2 in its entirety. 3. By-law 94-180 is further amended by deleting section 9 in its entirety and replacing it with the following: "9 Any person who contravenes any provision of this By-law is guilty of an offence and liable to punishment as provided under the Provincial Offences Act." 4. This By-law shall come into full force and effect immediately on the day of final passing by Council. By-law read a first and second time this day of ,1998 By-law read a third time and finally passed this day of , 1998. 7?R , .