HomeMy WebLinkAboutCLD-023-08
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REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #: CLD-023-0a
File#:
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By-law #: BoolS-1 ~
Date: September a, 200a
Subject: AMENDMENT TO PARKS BY-LAW 2006-126
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-023-0a be received;
2. THAT By-law 2006-126 governing municipal parks be amended to state that the parks
will be closed from dusk to dawn; and
3. THAT the By-law attached to Report CLD-023-0a be forwarded to Council for approval.
Submitted by:
C)~~
Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC*
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
REPORT NO.: CLD-023-08
PAGE 2 of 3
BACKGROUND AND COMMENT
All activities within the municipal parks are governed by By-law 2006-126. At the time of the
By-law's passage, there was an 11 :00 p.m. curfew established for activities within the parks.
In the two years since the passage of the By-law, staff have received complaints from citizens
about the noise and activities within the parks during the mid to late evenings before the
11 :00 p.m. curfew. Much of our municipal parkland is unlit at night and once darkness falls
the areas become gathering spots and hangouts for undesirable elements within the
community.
Recent concerns raised over theCourtice Skateboard Park have led staff to reconsider the
current curfew. The neighbouring property owners have called the Durham Regional Police
during the evenings for noise and disturbance issues relating to the Skateboard Park. Staff
have spoken to the Regional Police about alternative ways to deal with these issues.
Noise, vandalism, loitering and littering are issues which are not isolated to only the Courtice
Skateboard Park but are present in all municipal parkland. Staff have, in previous years, been
part of special enforcement projects with the Regional Police to target these problems in the
parks.
The by-law amendment also addresses concerns of public safety. As stated previously, the
majority of parkland owned by the Municipality is not lit at night. An individual alone in a dark,
vacant park at night is at greater risk than someone in the same location during the day. Given
the fact that the exact time of sunset changes over the year it is easier to promote and defend
a "dusk to dawn" closure. A 9:00 p.m. closing may be understandable in June and July when
the sun is actually setting at that time, however in January when it has already been dark for
four hours it would appear extremely arbitrary.
REPORT NO.: CLD-023-OB
PAGE 3 OF 3
Leagues using the ball diamonds or soccer pitches will not be adversely affected as their
contracts for the use of the playing fields allow them to be on the property for the games. The
parks used for league play are lighted for the games. Once the game is finished and the lights
are shut off, any further lingering in the park would be an offence.
The amendment will also allow staff the flexibility to extend or decrease the curfew as the need
arises simply by posting specific hours when the park will be closed.
On Thursday August 14th staff from Municipal Law Enforcement, Operations, Engineering
Services and Community Services met with representatives of the Durham Regional Police to
review the proposed amendment. The consensus of the meeting was that an expansion of the
curfew would allow the police the ability and discretion to deal with persons found in the park at
night.
CONCLUSION
By moving to a "daytime open only" scenario, the police are better able to deal with problems
as they arise during the evening hours. Anyone found in a park after dusk would be in
contravention of the By-law. It would then be left to the discretion of the investigating police
officer to determine whether or not to warn the individual or to proceed to charge them under
the By-law.
It was also suggested that there be changes to the signage in the area and to the posted
parking restrictions around the perimeter of the park. These are internal processes and will not
require By-law amendments.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2008-
Being a By-law to amend By-law 2006-126,
Being a By-law to regulate Parks
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
necessary to amend By-law 2006-126:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON hereby enacts as follows:
1. THAT By-law 2006-126 be amended as follows:
(a) That section 2(a)(i) be deleted in its entirety and replaced
with the following:
2(a)(i) All parks shall be closed from dusk until dawn
unless otherwise posted or permitted;
2. THAT this By-law shall come into full force and effect upon the date
of its final passing.
BY-LAW read a first and second time this 15th day of September 2008.
BY-LAW read a third time and finally passed this 15th day of September
2008.
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk