HomeMy WebLinkAbout2012-053 THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
BY-LAW No. 2012-053
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;
"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.
Anti-Graffiti By-Law 2
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 to 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
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 approved 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.
Anti-Graffiti By-Law 3
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 18th day of June, 2012.
Adrian F�Ster ayor
Fran
in Wu, Acting Municipal Clerk,