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HomeMy WebLinkAboutCLD-021-12 Clar*wn REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 11, 2012 Resolution#: d -1 By-law#: ' Report#: CLD-021-12 File#: Subject: SAFE COMMUNITIES ADVISORY COMMITTEE AND ANTI-GRAFFITI BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-021-12 be received; 2. THAT the proposed terms of reference for the establishment of a Safe Communities Advisory Committee as set out in Attachment No. 1 to Report CLD-021-12 be endorsed in principle and presented to the Committee for review and approval; 3. THAT staff be authorized to contact the key stakeholder groups identified in Report CLD-021-12 seeking representatives for the Safe Communities Advisory Committee; 4. THAT the proposed Anti-Graffiti By-law attached to Report CLD-021-12 be presented to Council; and 5. THAT all interested parties listed in Report CLD-021-12 be advised of Council's decision. Submitted by: Reviewed by: °� ( LA—_1 P tti . B ie Franklin Wu, Municipal Clerk Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-021-12 PAGE 2 1. BACKGROUND At the Council meeting of May 14, 2012, the following resolution was passed: "WHEREAS Clarington is committed, through leadership and respect, to building a safe and caring community; AND WHEREAS improving the visual appearance of the Municipality is part of the Corporate Strategic Plan; AND WHEREAS other Municipalities within Durham Region have successfully established partnerships with Durham Regional Police Services and other key stakeholders to implement `Safe Communities Committees'; NOW THEREFORE BE IT RESOLVED THAT Staff be directed to investigate and report back to General Purpose and Administration Committee meeting of June 11, 2012 on establishing a `Clarington Safe Communities Committee' with an initial focus on dealing with vandalism and graffiti and prepare, for consideration, a by-law governing graffiti and similar vandalism." Staff met with Inspector Kluem of Durham Regional Police Services to discuss establishing a Safe Communities Advisory Committee similar to those already in existence in Oshawa and Ajax, as well as elsewhere across the province. 2. NEED FOR A SAFE COMMUNITIES ADVISORY COMMITTEE The idea of a "safe community" stretches beyond mere crime prevention in the traditional sense. The committee allows municipal and community leaders to help their communities reduce crime through crime prevention strategies that fit both the problem and the community. Through discussion, education and cooperation among various agencies, governments and local committees, strategies can be implemented to address community concerns. By dealing with small issues as they arise, larger, more complex problems can be limited and, in comes cases, eliminated. Likewise, existing large problems can be broken down to smaller component parts and resolved. By bringing people who live and work in Clarington together with Council, businesses and municipal and regional government, local issues and concerns can be identified and responded to more effectively. 3. MEMBERSHIP AND MANDATE OF THE COMMITTEE The focus of this type of committee is one of equal influence, experience and cooperation. Each member has an equal resource to provide and potential for influence, the police and by-law play an equal role and have a shared responsibility to work with and through the other committee members and them through us. REPORT NO.: CLD-021-12 PAGE 3 In discussion with the Durham Regional Police, possible members put forward include: • The Mayor • Durham Regional Police • Clarington Emergency Services • Municipal Law Enforcement • Durham Media News Representative • Clarington Fireside Youth Group • BIA Representatives from Bowmanville, Newcastle and Orono • The Clarington Older Adult Centre Board • Bev Oda, MP • John O'Toole, MPP • Kawartha Pineridge District School Board • Peterborough Victoria Northumberland Clarington Catholic District Separate School Board • Regional Municipality of Durham • The John Howard Society • Ontario Power Generation, Nuclear Security • EMS • Key industrial and commercial organizations • Various municipal departments, as required • Other community groups or coalitions as required (Courtice Parents Coalition, etc) Through its work, the committee can affect attitudes and bring about changes that will help create safer communities. With a large, diverse base of membership and support, the committee can tackle large issues that could derail or unnecessarily delay a single organization trying to deal with an issue. Graffiti and vandalism, as identified by Council, are two such examples. By bringing together several agencies with expertise in dealing with youth, potential problems may be eliminated. The committee can provide options and different points of view to resolving issues. A proposed Terms of Reference for the Committee is included as Attachment No. 1. It is recommended that these Terms of Reference be endorsed in principle by Council and presented to the Committee for their review and approval. 4. GRAFFITI BY-LAW If graffiti is left unattended, the impression is that nobody cares about the area, which can in turn encourage other types of vandalism. To ensure graffiti issues are dealt with in a timely manner, a new Anti-Graffiti By-law, passed under the authority of the Municipal Act, is proposed. REPORT NO.: CLD-021-12 PAGE 4 The proposed by-law provides that Municipal Enforcement Officers, upon finding graffiti may give notice to the owner or occupant of the property requiring compliance within 14 days of the notice being given. Should the owner fail to comply with the notice, the Municipality may enter upon the property at any reasonable time to remove the graffiti. Should it be necessary for the Municipality to clean the graffiti, the costs incurred may be recovered from the owner, either by action or adding the costs to the tax roll and collecting them in the same manner as taxes. 5. FINANCIAL CONSIDERATIONS Upon finalization of the committee's initial work program, a suggested budget amount will be brought forward for 2013 budget consideration. 6. CONCURRENCE - Not applicable 7. CONCLUSION It is respectfully requested that the proposed terms of reference for the Safe Communities Advisory Committee be endorsed in principle, that staff take the necessary steps to seek representatives to the Committee and that the proposed Anti-Graffiti By-law attached hereto be forwarded to Council for passage. CONFORMITY WITH STRATEGIC PLAN — The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability X Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Patti Barrie, Municipal Clerk Attachments: Attachment 1 - Terms of Reference of the Safe Communities Advisory Committee Attachment 2 - Proposed Anti-Graffiti By-law List of interested parties to be advised of Council's decision: Inspector Ralph Kluem, Durham Regional Police Services Attachment No. 1 to Report CLD-021-12 TERMS OF REFERENCE SAFE COMMUNITIES ADVISORY COMMITTEE Background Crime prevention is the responsibility of the whole community. Through discussion, education and cooperation among various agencies, governments and local committees, strategies can be implemented to address community concerns. The Safe Communities Advisory Committee will operate in compliance with the Council- Appointed Advisory Committees Protocol. Mandate The Committee will promote collegiality and cooperation amongst stakeholders to enhance the perception and experience of personal safety of all Clarington residents. To ensure safe neighbourhoods, a safe business environment and safe use of recreational, open, or public spaces by proactively addressing perceived or identified community crime and disorder problems. The Committee will work cooperatively with all of the committee members who have an equal influence and responsibility to participate in, and help develop specific and relevant community safety strategies in cooperation with each other. This will be accomplished through: ➢ Engaging the community in discussions of community safety issues ➢ Educating the public on community safety issues ➢ Fostering partnerships with various community agencies ➢ Problem solving and motivating the public to take action ➢ Implementation of identified solutions Scope of Activities The Committee will: ➢ Identify, through community input, risk factors and root causes of crime ➢ Work cooperatively with community partners on the development, implementation and follow-up of crime prevention strategies ➢ Foster a crime prevention/education program with the community at large ➢ Undertake a community education program promoting community safety ➢ Submit an annual report to Council highlighting work completed and a work plan for the upcoming year Attachment No. 1 to Report CLD-021-12 Membership The Committee shall be comprised of representatives of the following organizations: • The Mayor • Durham Regional Police • Clarington Emergency Services • Municipal Law Enforcement • Durham Media News Representative • Clarington Fireside Youth Group • BIA Representatives from Bowmanville, Newcastle and Orono • The Clarington Older Adult Centre Board • Bev Oda, MP • John O'Toole, MPP • Kawartha Pineridge District School Board • Peterborough Victoria Northumberland Clarington Catholic District Separate School Board • Regional Municipality of Durham • The John Howard Society • Ontario Power Generation, Nuclear Security The Committee may form subcommittees and working groups as may be necessary to address specific issues. These subcommittees may draw upon members from the Committee as well as outside resource members, ie: • EMS • Key industrial and commercial organizations • Various municipal departments, as required • Other community groups or coalitions as required (Courtice Parents Coalition, etc) The Committee members would meet monthly; subcommittee members could be on an invited basis based on topical issues. Staff Support The Committee will receive administrative support from the Municipal Clerk's Department. Attachment No. 2 to Report CLD-021-12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW No. 2012-xxx Being a by-law to prohibit graffiti WHEREAS section 128 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that a local 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; and WHEREAS the opinion of Council of The Corporation of the Municipality of Clarington is that graffiti is a public nuisance. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: Definitions 1. In this by-law, "art mural" means a mural that has been made for the purpose of beautifying specific property; "Municipality" means The Corporation of the Municipality of Clarington; "graffiti" means one or more letters, symbols, numbers, etchings, inscriptions, pictorial representations, or other markings that disfigure or deface property howsoever made on or otherwise affixed to the property, but does not include, (a) signs authorized by the Municipality's Sign By-law; (b) public notices authorized by law; (c) traffic control marks authorized by law; or (d) art murals approved by the Municipality under section 10; "interior space" means any space that is not visible from a highway or other public place; "officer" means a Municipal employee whose duties include the enforcement of this by-law; Anti-Graffiti By-Law 2 1 P a n-e- "property" means a house, building, wall, fence or other structure, whether mobile or immobile, and includes the lands appurtenant to such structures; and "public place" means any place to which the public has access, as a right or by invitation, express or implied. References 2. Reference to any Act or By-law is reference to such Act or By-law as it is amended or re-enacted from time to time. 3. References to sections are references to sections of 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. Graffiti Prohibited 6. No person shall place graffiti or cause or permit graffiti to be placed on any property. 7. Every owner and every occupant of property shall at all times maintain the property free of graffiti. Application to Interior Space 8. Sections 6 and 7 shall not apply to the interior space of any property. Notice of Comply 9. (1) An officer who finds a contravention of this by-law may give written notice to the owner or occupant of the property requiring compliance with this by- law within fourteen (14) days after the notice is given. (2) The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case the notice shall be deemed to have been given on the third day after it is mailed. (3) If there is evidence that the person in possession of the property is not the registered owner, the notice shall be served on both the registered Anti-Graffiti By-Law 3 1 P a c c property owner and the person in possession of the property. (4) If the address of the owner is unknown or the Municipality is unable to effect service on the owner or occupant under subsection (2), a placard stating the terms of the notice and placed in a conspicuous place upon land on or near the property shall be deemed to be sufficient notice to the owner. Art Mural Exemption 10. This by-law does not apply to any art mural initiated by the Municipality. Failure to Comply 11. If an owner or occupant fails to comply with a notice given under section 9, the Municipality may enter upon the owner's property or occupant's property at any reasonable time for the purpose of removing the graffiti. 12. Costs incurred by the Municipality in doing the work required to be done to remove the graffiti may be recovered by action or adding the costs to the tax roll and collecting them in the same manner as taxes. Offences 13. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. Short Title 14. This by-law may be cited to as the "Anti-Graffiti By-law". Effective Date 15. This by-law comes into effect on the day that it is passed. By-law passed this day of , 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk