HomeMy WebLinkAboutCLD-027-11 Clarington REPORT
CLERK'S
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 31, 2011 Resolution : By-law :
Report#: CLD-027-11 File#:
Subject: PROPOSED NUISANCE BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1 . THAT Report CLD-027-11 be received;
2. THAT the By-law attached to Report CLD-027-11, a by-law to regulate and
prohibit public nuisances be approved; and
3. THAT Inspector Chris Ostler of the Durham Regional Police Service be advised
of Council's decision.
Submitted by: Reviewed by: eol,
at � . B ie Franklin Wu,
unici Clerk Chief Administrative Officer
PLB/LDC
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-027-11 PAGE 2
1. BACKGROUND
In 1994, the Municipality, in response to a request from the Durham Regional Police,
passed a Loitering By-law. The By-law was intended to assist the police in dealing with
groups of people congregating and causing problems for pedestrians in various areas
within the Municipality. It was felt that such a by-law would give the police the tools
necessary to deal effectively with these situations.
While it has proven to be a useful tool, it has not gone far enough to address all the
needs of the police. In recent years, acts of general rowdiness and unacceptable
conduct have increased and the police have once again come to the Municipality for
assistance.
2. COMMENTS
In order to address the concerns of the police, a by-law to regulate and prohibit public
nuisances has been prepared. The proposed by-law contains many of the key
elements of the City of Oshawa's by-law and others in effect around the province. By
creating offences for public urination, fighting, vandalism and other public nuisances in a
municipal by-law, it will be easier for the police to respond to these situations. The
police are requesting this by-law be enacted in Clarington to offer them a more
expedient option to address these situations.
3. PARTICULARS OF RESTRICTIONS
The Municipal Act, 2001 allows a council to designate certain activities as a public
nuisance within the municipality. For the purposes of this by-law, these activities will
include public urination, defecation, vomiting, screaming and other acts which are
injurious or offensive to the general public.
This collection of offences will give the police an option for enforcement beyond that of a
criminal charge, thus allowing for faster, more effective response to public calls for
service. Including these activities in the by-law does not remove them or protect an
individual from possible criminal prosecution if, in the opinion of the investigating officer,
such action is warranted. It simply adds to the list of available options for police
enforcement.
REPORT NO.: CLD-027-11 PAGE 3
4. CONCURRENCE
This report has been reviewed by the Municipal Solicitor who concurs with the
recommendations.
Copies of both the Report and the By-law have been forwarded to the Durham Regional
Police for their information. Inspector Ostler has indicated that they concur with the
recommendations.
5. CONCLUSION
Staff have spoken at length with the Durham Regional Police about this proposal and it
has been strongly encouraged and endorsed by the police. During those conversations,
it was clearly understood that the most logical agency to enforce the provisions of this
by-law would be the police and they will, in fact, be the primary agency to enforce this
by-law.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Len Creamer, Manager, Municipal Law Enforcement
Attachment:
Attachment 1 - Proposed Nuisance By-law
List of interested parties to be advised of Council's decision:
Inspector Ostler, Durham Regional Police Service
ATTACHMENT# TO
REPORT# �
MUNICIPALITY OF CLARINGTON
BY-LAW 2011-
A By-law to regulate and prohibit public nuisances
WHEREAS Section 128 of the Municipal Act, 2001 provides that a municipality may
prohibit and regulate with respect to public nuisances including matters that, in the
opinion of Council, are or could become or cause public nuisances;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
Part 1 - INTERPRETATION
Definitions
1. In this by-law,
"defecate" means to discharge excrement from the human body;
"highway" has the same meaning as in the Highway Traffic Act, R.S.O. 1990
c. H. 8;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of Clarington, as the context requires;
"nuisance" includes,
(a) soliciting;
(b) fighting, screaming, yelling or using profane or abusive language or
gestures;
(c) defacing, damaging or vandalizing public or private property;
(d) expectorating in a public place;
(e) anything which is injurious to the health, or indecent, or offensive to
the senses, or an obstruction to the free use of property so as to
interfere with the comfortable enjoyment of life or property; and
(f) any other activity or conduct that is disorderly, annoying, unpleasant
or obnoxious;
"officer" means any employee, officer or agent of the Municipality whose duties
include the enforcement of this by-law and any police officer as defined in section
2 of the Police Services Act, R.S.O. 1990, c. P.15;
"person" includes an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and their heirs, executors, or legal
representatives;
"public place" includes a highway and any place to which the public has access
as of right or invitation, express or implied, and private property that is exposed to
public view, whether or not the property is owned by the person contravening the
by-law;
"solicit" means to request, in person, the immediate provision of money or
another thing of value, regardless of whether consideration is offered or provided
in return, using spoken, written or printed word, a gesture or other means;
Nuisance By-law 2011-XXX Page 2
"urinate" means to discharge urine from the human body; and
"vomit" means to throw up the contents of the stomach.
References
2. In this by-law, reference to any Act is reference to that Act as it is amended or re-
enacted from time to time.
3. Unless otherwise specified, references in this by-law to sections and subsections
are references to sections and subsections in this by-law.
Word Usage
4. This by-law shall be read with all changes in gender or number as the context
may require.
5. A grammatical variation of a word or expression defined has a corresponding
meaning.
Application
6. This by-law applies to all land within the Municipality unless specifically
exempted by this By-law.
Part 2 - PROHIBITED ACTIVITIES
7. (a) No person shall cause, create or permit a nuisance in any public place
without reasonable excuse.
(b) For the purposes of this section, "reasonable excuse" means,
(i) the contravention of this by-law must be inevitable, unavoidable and
afford no reasonable opportunity for an alternative course of action
that does not contravene this by-law; and
(ii) where the contravention of this by-law is the consequence of illness,
the person did not contemplate or, acting reasonably ought not to
have contemplated, that the person's actions would likely cause the
illness or give rise to the contravention of this by-law.
8. No person shall knock over, attempt to knock over, deface, attempt to deface,
remove or attempt to remove a Canada Post mailbox, relay box, newspaper box,
Blue Box, garbage container, traffic or street sign, utility pole or any other public
or private property.
Order to Discontinue Activity
9. (1) Where an officer is satisfied that a person has contravened this by-law, the
officer may make an order requiring the person who contravened the by-
law or who caused or permitted the contravention or the owner or occupier
of the land on which the contravention occurred to discontinue the
contravening activity.
(2) An order under this section shall set out,
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the
contravention occurred; and
(b) the date by which there must be compliance with the order.
Nuisance By-law 2011-XXX Page 3
10. No person shall fail to comply with an order issued under this by-law.
Obstruction
11. No person shall hinder or obstruct, or attempt to hinder or obstruct, an officer
who is exercising a power or performing a duty under this by-law.
Offence and Penalty
12. Every person who contravenes any provision of this by-law guilty of an offence
upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act, R.S.O. 1990, c. P.33.
Part 3 -GENERAL PROVISIONS
Conflict
13. If there is a conflict between a provision of this by-law and a provision of any
other Municipal by-law, the provision that establishes the higher standard to
protect the health and safety of the public and to maintain clean and tidy
condition on land shall apply.
Short Title
14. The short title of this by-law is the"Nuisance By-law".
Effective Date
15. This by-law shall be effective on the date of its passing.
By-law approved this _day of November, 2011.
Mayor Adrian Foster
Patti L Barrie Municipal Clerk