HomeMy WebLinkAboutEGD-020-13 Clarington REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: June 10, 2013 Resolution#: ' By-law#:
Report#: EGD-020-13 File :
Subject: TRUDEAU WALKWAY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-020-13 be received;
2. THAT Council direct staff to continue our work with the Kawartha Pine Ridge
School Board to establish an alternative off-site smoking area that does not
violate the Smoke Free Ontario Act;
3. THAT Council give staff the authority to purchase and install two surveillance
cameras at either end of the Trudeau Drive walkway at an estimated total cost of
approximately $7,500. This cost will be absorbed by the Operations Department
using account 100-36-380-10733-7112 RD MNTCE / S/WALK MNTCE. / MISC.
OPER.SUPP, resulting in a budget shortfall;
4. THAT a policy be developed that clearly demonstrates the Municipality's
rationale and purpose of the surveillance system;
5. THAT the Municipality's By-law 2011-099 "Nuisance By-law" to regulate and
prohibit public nuisances be enforced at the walkway and that appropriate signs
be installed at the walkway to alert the public to the penalties;
6. THAT staff be encouraged to work with the School Board to organize a "student
volunteer" opportunity aimed at keeping the walkway clean;
7. THAT Council approve the recommendation that an increased level of
maintenance be established at the Trudeau Drive walkway in recognition of the
fact that this is an exceptionally high traffic walkway;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Clarington REPORT
ENGINEERING I
8. THAT a garbage receptacle be installed at the walkway and included in the
regular maintenance program;
9. THAT a curb cut be constructed in front of the walkway to assist those with
strollers and on bicycles;
10. THAT the Municipality's traffic by-law be amended to include "No Parking" on
Trudeau Drive from 8:00 am -- 9:00 am and from 3:00 pm —4:00 pm;
11. THAT our traffic by-law be amended to include a section which prohibits stopping
within one (1) metre of a driveway; and
13. THAT all interested parties listed in Report EGD-020-13 be advised of Council's
decision.
Submitted by: - Reviewed by:
An hony S, Cannella Franklin Wu,
Director, Engineering Chief Administrative Officer
Services
ASCILJBIjbldv
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-020-13 PAGE 3
1.0 BACKGROUND
1.1 At its December 17, 2012 meeting, Council directed staff to hold a public meeting
"to gather feedback from residents and provide a report to members of
Committee" regarding concerns expressed by members of the public around the
presence of the Trudeau Walkway which links Trudeau Drive to the Bowmanville
High School site (see Attachment #1). Staff was further directed to "provide a
report to Council after the public meeting outlining:
• A synopsis of the concerns presented by residents at the meeting
• Potential steps to be taken (including cost estimates) that will address the
concerns brought up by residents at the public meeting (i.e. including but
not limited to: public safety, traffic congestion and littering), and how each
potential option will address the concerns, including:
• Installation of a gate to permit access to the walkway only during school
hours
• Installation of 24-hour video surveillance cameras
• Closure and sale of the walkway property (including an estimate of
potential income from the sale)
• Utilizing existing Staff or hiring Staff to clean up the Trudeau Drive
walkway area and adjoining environs on a bi-weekly basis
• Potential success of obtaining funding from (KPRDSB) Kawartha Pine
Ridge District Catholic School Board to share costs of any of the above".
Additionally Durham Regional Police Services and Municipal Law Enforcement
Department were asked to "provide comment on whether closure of the Trudeau
Drive walkway would be effective in reducing the incidents of vandalism, littering,
drug use, swearing and other disruptive behavior currently being reported in the
area of Trudeau Drive."
As well, Municipal Law Enforcement were asked to "provide comment on whether
closure of the walkway would result in cost-savings to the Municipality with
REPORT NO.: EGD-020-13 PAGE 4
respect to enforcement of illegal parking during school drop-off and pick-up hours
on Trudeau Drive."
The last part of Council's resolution was that "Emergency Fire Services
investigate the current situation, especially during the morning and afternoon
pick-up and drop-off times; and be asked to provide comment on current access
levels, and whether potential closure of the walkway would result in enhanced
accessibility for Emergency Services personnel to Trudeau Drive, Marchwood
Crescent and Orr Court."
1.2 In order to prepare a comprehensive report to Council, Engineering Services
Department staff convened a meeting of the Trudeau Walkway Working Group
which included representatives from:
• Engineering Services Department
• Operations Department
• Clerk's Office and Municipal Law Enforcement
• Emergency and Fire Services Department
• Durham Regional Police Services
• Kawartha Pine Ridge District School Board
• Durham Region Traffic
The Working Group met on February 28, 2013 to discuss the matter and prepare
for the Public Meeting. A full discussion of all the issues took place, and the date
for the Public Meeting was set for April 10, 2013.
2.0 THE TRUDEAU WALKWAY & THE TRANSPORTATION MASTER PLAN
The Municipality is currently undertaking the preparation of a Transportation
Master Plan. This plan is aimed at addressing all modes of transportation
including pedestrian activity. The plan identifies pedestrian networks and their
REPORT NO.: EGD-020-13 PAGE 5
respective hierarchy of Primary and Secondary pedestrian routes. Logically the
Primary routes carry the highest volume of pedestrians and are characterized as
routes that provide pedestrian links to dense mixed use development with
concentrations of pedestrian attractors and generators (i.e. schools, municipal
recreational facilities, etc.). Secondary routes are intended to provide safe and
convenient access to local destinations such as residential neighbourhoods.
Functionally, the Primary Routes act as a pedestrian transportation spine linking
up to the Secondary Routes.
The Trudeau walkway provides a strategic link on a Primary Route that carries a
high volume of pedestrian traffic in the A.M. and the P.M. peak hours. It provides
linkages predominantly between the northerly residential neighbourhoods east of
Liberty Street and south of the Canadian Pacific Railway to the Bowmanville High
School, Bowmanville Senior Public school, Duke of Cambridge (former Ontario
Street Public School) School and Vincent Massey Public School, the Clarington
Fitness Centre, transit and commercial areas along Liberty Street and King
Street. The Trudeau walkway is a critical link to the Municipality's Pedestrian
Walkway Network.
3.0 PUBLIC MEETING
3.1 Notice of Public Meeting was sent by mail to all residents on Trudeau Drive,
Marchwood Crescent, Orr Court, Concession Street East between Liberty Street
and Dadson Drive, and Liberty Street from Concession Street to the south
entrance into the high school. The Notice was placed on Clarington's web-site, in
the local newspapers, and the School Board included it in the school's
newsletter. Twenty-eight individuals (representing twenty-three area addresses)
registered at the Public Meeting, and a total of twenty-two Comment Sheets were
received before, during and after the Public meeting. The majority was in favour
of leaving the walkway open for the following reasons:
REPORT NO,: EGD-020-13 PAGE 6
• If the walkway is closed it would result in longer walking routes for
students, members of the fitness club and others. This could very easily
mean that parents, who are not currently driving their children to school,
begin to do so, making congestion much more of an issue than it already
is on Liberty Street and on school property will result from the closure.
• Increased pedestrian and vehicular traffic on Liberty Street and into the
school property
• Increased congestion on school property could have significant
emergency vehicle access implications
• Both the Municipality and the School Board promote walking to school and
recreational walking in general which would be discouraged should the
walkway be closed
• Trespass through the storm water management block to the east would
likely result in the creation of a new pedestrian route along the back of the
lots between the east end of Trudeau Drive and the walkway
• Some children who previously walked will have to be bused if the walkway
is closed
• Closing the walkway would set a precedent to close other walkways
across the Municipality
3.2 SYNOPSIS OF AREA RESIDENTS' CONCERNS
Residents expressed the following concerns at the Public Meeting and in the
Comment Sheets that were submitted:
• loitering in the area of the walkway
• littering and garbage
• vandalism
• lack of curb cut in front of the walkway
• traffic issues during morning drop off and afternoon pickup including
driveway blockage on Trudeau Drive
• smoking/swearing
REPORT NO.: EGD-020-13 PAGE 7
• illegal activities
• safety issues associated with the above activities
Many suggested that the problems listed above, which while an ongoing concern,
have become significantly worse since the school closed its on-site smoking area
and students were forced to leave school property in order to smoke.
Those in favour of the walkway were equally as expressive about maintaining its
presence. Four separate homeowners stated in each of their comment sheets
that the presence of the walkway was one of the reasons that they bought their
home in that neighbourhood. One other stated that if the Municipality closes the
walkway "all walkway and public areas must be closed for the same reasons.
One parent stated that she would have to start driving her young child to school
which would be difficult since she has a younger child at home and two young
children whom she cares for during the day.
Others stated that the walkway is a "necessary component" and that existing
problems "will be passed to someone else", (see Attachment #2 which depicts
the number of students using the walkway to access four schools).
4.0 PROBLEMS AND RECOMMENDED SOLUTIONS
The Working Group were aware of residents' concerns, as have been outlined in
Section 3.2., and discussed these at length. It is the group's view that the
Trudeau Drive walkway is an exceptionally high pedestrian volume walkway that
will eventually be required to service four different schools. It was felt however,
that the issues can be addressed, and improvements can be made to the area.
The intention is to eliminate or mitigate each of the concerns expressed by the
residents while ensuring that the walkway can continue to be used in a respectful
manner and that the issues are not increased or transferred to other areas.
REPORT NO.: EGD-020-13 PAGE 8
4.1 SMOKING, VANDALISM AND OFFENSIVE BEHAVIOR
Many of the residents that attended the Public Meeting talked about the quality of
life issues they are coping with and stated that vandalism, smoking and offensive
behavior are a constant concern. Staff therefore suggest that this category of
issues be broken down into its component parts and dealt with accordingly.
SMOKING
As stated earlier, many residents felt that the problems increased notably
smoking was no longer allowed on school property and students were required to
leave school property in order to smoke. The Municipal Solicitor and School
Board representatives have discussed the issue of smoking in the vicinity of
Bowmanville High School. Under the Smoke Free Ontario Act, students are not
permitted to smoke on lands that are "used in connection with" the high school,
so consequently students are either smoking on the Municipally owned parking
lot south of the school or in the vicinity of the walkway. In light of the construction
of the new Duke of Cambridge School, which faces directly onto the south
parking lot, there is a wish to address the problem of smoking before the new
school is opened.
Potential Solution:
4.1.1. Alternative Smoking Area
Staff and School Board representatives have had several discussions regarding
the establishment of an area that smokers can occupy without disrupting or
offending others and which does not violate Provincial legislation (Smoke Free
Ontario Act).
REPORT NO.: EGD-020-13 PAGE 9
The Durham Region Health Department (which enforces the Smoke Free Ontario
Act), has been involved in these discussions. Staff or School Board
representatives will continue to work together to establish an alternative smoking
area.
VANDALISM
Staff discussed the issue of vandalism at the Working Group meeting and while
the increased presence of Police and Municipal Law Enforcement Officers would
certainly be appreciated it was felt that a more constant presence is also needed.
Increased Police and Municipal Law Enforcement presence are limited by
several factors which include resource allocation financial and otherwise.
Recognizing this, several have suggested the possibility of surveillance.
The Municipality has contracted the service of a surveillance contractor in the
past (to ensure that park users vacate the premises at closing time). The cost in
2012 for drive-by surveillance twice daily was approximately $2,000.00 for a two
month period; however, a new quote would be required in this case. Staff have
also investigated the installation of surveillance cameras along the walkway and
consider this to be an especially viable option in this location.
Potential Solution:
4.1.2. Surveillance Cameras
Two surveillance cameras could be installed at either end of the Trudeau Drive
walkway, with one camera directly facing the other so that vandalism of the
cameras is recorded.
Surveillance cameras have been deemed, in many cases, to be an effective
deterrent for undesirable activities. There are literally hundreds of different types
REPORT NO.: EGD-020-13 PAGE 10
of surveillance cameras; however, a preliminary cost estimate for two cameras
and a DVR is approximately $7,500, including installation and depending on the
length of the cable run.
An assessment of privacy implications would be conducted on the effects that the
surveillance system may have on personal privacy, and the ways in which any
adverse effects can be mitigated in achieving the lawful goal.
Cameras should be set up and operated to collect the minimum amount of
information to be effective. This helps reduce the intrusion on individuals' privacy.
It's also important to develop a policy that clearly demonstrates the Municipality's
rationale and purpose of the surveillance system. Having such a policy in place
would also demonstrate the Municipality's due diligence towards ensuring the
proper collection, use, disclosure and retention for video surveillance recordings.
Signs could be posted at both ends of the walkway containing a clear and
understandable notice about the use of cameras on the walkway before an
individual enters onto the Trudeau Drive walkway. This gives people the option of
not using the path if they object to the surveillance. Signs could include a contact
in case individuals have questions or if they want access to images related to
them.
Monitoring of the recordings would have to be undertaken by Municipal staff on a
regular basis but the safety and peace of mind of the residents may be notably
improved through this relatively minor budget item and it is therefore staffs
recommendation that cameras be installed.
REPORT NO.: EGD-020-13 PAGE 11
OFFENSIVE BEHAVIOR
The Municipality has enacted By-Laws 94-180, By-law 98-114 and 2011-099
(attachments #3, #4 and #5), being By-laws to regulate and prohibit public
nuisances at the request of Durham Region Police Services. Nuisance includes
loitering, fighting, screaming, yelling, profane or abusive language, damaging or
vandalizing public or private property, expectorating, "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 any other activity or conduct that is disorderly, annoying,
unpleasant or obnoxious."
As stated in Report No. CLD-027-11, "this collection of offences will give the
police an option for enforcement beyond that of a criminal charge, thus allowing
for a 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." Durham Region Police Services (DRPS) strongly
encouraged and endorsed enactment of By-law 2011-099.
Potential Solutions:
4.1.3. "Nuisance By-law" and "Loitering Bylaw" Signs to be Installed at the
Walkway
Signs could be posted at the walkway alerting residents to the fact that the
Municipality has both a "Nuisance By-law" and a "Loitering By-law" and intends to
enforce them. Persons who contravene any provision of these by-laws will be
deemed guilty of an offence and upon conviction are liable to a fine pursuant to
the provisions of the Provincial Offences Act, R.S.O. 1990, c P. 33.
REPORT NO.: EGD-020-13 PAGE 12
4.1.4 Educating the Public
The public will be made aware of these by-laws and the intent to enforce
penalties, by way of various means that might include, school flyers to be sent
home to parents, Facebook, Twitter, the Municipal web page, and more.
Residents in the area will also be notified that they have the right to report
offensive behavior to the police and to expect that penalties will be imposed
under these by-laws.
4.1.5 Increased Presence and Enforcement
Staff also recommends that DRPS and Municipal Law Enforcement be requested
to increase their presence in this area, which may include a "blitz" after this
recommendation is passed.
LITTERING AND GARBAGE
The Trudeau Drive walkway is unlike any other walkway in Clarington in that it
will eventually service four different schools, with pedestrian traffic volumes that
are far higher than are typically seen.
Staff have observed litter and garbage within the walkway. Part of the problem is
that there is a chain link fence on either side of the walkway and then a privacy
fence outside of those with a small gap between the chain link and the privacy
fences where litter accumulates.
Potential Solutions:
4.1.6 Student Volunteers
One suggestion is that the School Board be requested to elicit student volunteers
to regularly keep this area clean as part of their requisite volunteer hours.
REPORT NO.: EGD-020-13 PAGE 13
4.1.7 Increased Level of Maintenance at High Traffic Walkways
Walkways, just like any other conveyor of traffic, should be designed and
maintained in a manner that comfortably accommodates the volume of
pedestrians that typically use them. At the Trudeau Drive walkway counts were
taken at four different times of about 135 pedestrians in the a.m. and 135 in the
p.m. Other area residents may access the walkway for pleasure and/or to
access the fitness centre.
In the case of the Trudeau Drive walkway staff are of the opinion that
maintenance sufficient to support heavy pedestrian use (four different schools), is
required and suggest that we increase the level of service (LOS) provided in this
unique location so that the service provided matches demand. Much as a high-
use facility would require higher LOS, so does a high-use walkway, which the
Trudeau Drive walkway most certainly is.
4.1.8 Installation of Garbage Receptacle(s) at the Walkway
It is not the practice of the Operations Department to install garbage receptacles
at public walkways: currently there are none in the Municipality; however, if
Council directed, an exception could be made in order to deal with exceptionally
high pedestrian traffic volumes that are typically not seen anywhere else.
TRAFFIC ISSUES DURING MORNING DROP-OFF AND AFTERNOON PICK-
UP
Residents have expressed considerable concern about morning and afternoon
school drop off on Trudeau Drive and while staff understand that this will happen
staff are also eager to encourage drivers to respect the rights of the community.
REPORT NO.: EGD-020-13 PAGE 14
It is therefore staff's recommendation that amendments be made to the Traffic
By-law to include "No Parking" and "No Stopping".
4.1.9 No Parking on Trudeau Drive During Limited Hours
It is staff's recommendation that in upcoming amendments to the Traffic By-law,
staff include No Parking on Trudeau Drive from 8:00 am — 9:00 am and from 3:00
pm — 4:00 pm.
4.1.10 No Stopping Within One Metre of a Driveway
Another amendment which is proposed to the Traffic By-law is to include a
section which prohibits stopping within 1 metre of a driveway. Currently the By-
law prohibits parking within 1 metre of a driveway.
5.0 OTHER POTENTIAL MEASURES OUTLINED BY COUNCIL
5.1 Installation of a Gate to Permit Access to the Walkway Only During School
Hours
It is the view of the Working Group that closing the walkway outside of school
hours would not eliminate the issues. It was the direct experience of some
Working Group members that when gates are installed on walkways, they are
often vandalized (and quickly). In some cases, a municipality installed a gate,
then abandoned the idea when it became labour-consuming and expensive to re-
install it on a frequent basis. Closing a gate outside of school hours also
prevents the general public from using the walkway to access the Recreational
Centre and other areas for legitimate purposes. Further, opening and closing the
gate each day would take the Operations Department away from other scheduled
REPORT NO.: EGiD-020-13 PAGE 15
work, and the School Board has stated that it will not open and close a municipal
gate on a daily basis.
5.2 Closure and Sale of the Walkway
The closure and sale of the walkway would only be of interest to one or both of
the two adjacent property owners (i.e. it does not have sufficient frontage or area
to become a building lot). The Municipality has only ever proposed to close a
walkway in one instance, and that was because the configuration of the property
to be developed (which the walkway was intended to service) was significantly
revised, and the walkway link was no longer required. In any event, if Council
chose to close and convey this walkway, typically:
• the adjacent owners would be approached regarding their interest in
acquiring all or part of the walkway.
• the land would be declared surplus.
• two fences abutting the walkway would be removed and one new fence
would be built (if the walkway were split).
• the concrete walkway would be removed and restored with topsoil and
sod.
• the Municipal Solicitor would complete the conveyance of the parcel (s).
Without spending the money for a certified appraiser's opinion, it is staff's opinion
that the walkway has minimal monetary value. If it were divided between the two
adjacent properties, it would add an additional 3 metre frontage to each which is
unlikely to affect the property value.
REPORT NO.: EGD-020-13 PAGE 16
5.3 Potential Success of Obtaining Funding from KPRDSB to Share Costs
The School Board has clearly stated that the walkway is the responsibility of the
Municipality, and, in their view, it is the Municipality's responsibility to fund any
projects related to the walkway. The Board will work with the school
administrative staff and teachers to help support and educate the students in
being respectful of neighbouring properties and communities.
6.0 OTHER INPUT REQUESTED BY COUNCIL
6.1 Durham Regional Police Services and Municipal Law Enforcement were asked to
provide comment on whether closure of the walkway would be effective in
reducing the incidents of vandalism, littering, drug use, swearing and other
disruptive behavior. DRPS commented that closing the walkway may improve
conditions in the immediate area, but the problems will be displaced to another
area (in the vicinity). Representatives at the Working Group meeting were not
aware of any illegal activities in this area, and area residents are encouraged to
contact police when these activities are observed.
6.2 Municipal Law Enforcement was asked to provide comment on whether closure
of the walkway would result in cost savings to the Municipality with respect to
enforcing parking regulations on Trudeau Drive. Municipal Law Enforcement
was of the view that it would be easier to enforce parking regulations on Trudeau
Drive than to deal with increased vehicular congestion of the school property. No
cost savings were foreseen.
6.3 Emergency and Fire Services Department was asked to provide comment on
current access levels and whether potential closure of the walkway would result
in enhanced accessibility for emergency personnel. The Emergency Fire
Services Department stated that vehicles move (particularly on a local road)
REPORT NO.. EGD-020-13 PAGE 17
when an emergency vehicle approaches. This area is not any more congested
than many areas in Clarington which must be accessed at different times and
various degrees of congestion throughout any given day. Clarington Emergency
and Fire Services is concerned about parking on both sides of the street as this
would impede their ability to drive through the street should an emergency occur.
7.0 CONCURRENCE
This report has been reviewed by Municipal Law Enforcement, Municipal
Solicitor, Director of Finance, Director of Operations and Director of Emergency
Services who concur with the recommendations.
8.0 CONCLUSION
The Trudeau Walkway Working Group, including members of Municipal staff,
Durham Region Police Services, Durham Region Traffic and Kawartha Pine
Ridge District School Board acknowledges that undesirable nuisance activities
occur at times in the vicinity of the high volume, Trudeau Walkway. It is the
Working Group's view, however, that closing the walkway will not eliminate these
issues and may, in fact, create other issues. As well, it is the Working Group's
view that other pedestrians using the walkway for legitimate purposes will be, in
some cases greatly, inconvenienced. This opinion was shared by most
respondents to the Municipality's questionnaire regarding the presence of the
walkway.
9.0 RECOMMENDATIONS
Staff respectfully recommends that the Trudeau Walkway remain open and that
the following mitigative measures be implemented:
REPORT NO.: EGD-020-13 PAGE 18
9.1.1 That the School Board be requested to consider the potential option presented
by the Municipal Solicitor to establish a smoking area which complies with the
Smoke Free Ontario Act.
9.1.2 That two surveillance cameras be installed at either end of the walkway, facing
each other to protect the quality of life of residents in the area. This will be a
project undertaken by the Operations Department and funded through their
account 100-36-380-10733-7112 RD MNTCE 1 SIVVALK MNTCE. 1 MISC.
OPER.SUPP, resulting in a budget shortfall.
9.1.3 That a policy be developed that clearly demonstrates the Municipality's rationale
and purpose of the surveillance system.
9.1.4 That "no nuisance" and "no loitering" signs be installed at the walkway to alert
residents to the fact that the Municipality has a "no loitering" by-law and intends
to impose fines upon those who are in violation.
9.1.5 That public education of the "nuisance" and "loitering" by-laws be carried out
through various means available to the Municipality and in co-operation with the
School Board.
9.1.6 That increased presence by the Durham Regional Police and Municipal By-law
be encouraged.
9.1.7 That the School Board be requested to encourage a student volunteer program
to keep this area clean as part of their requisite volunteer hours.
9.1.8 That an increased level of maintenance be established at the Trudeau Drive
walkway in recognition of the fact that this is an exceptionally high traffic
walkway.
REPORT NO,: EGD-020-13 PAGE 19
9.1.9 That a garbage receptacle(s) be installed at the walkway and emptied on a
regular basis.
9.1.10 That a curb cut be constructed in front of the Trudeau Drive walkway.
9.1.11 That the Municipality's traffic by-law be amended to allow for "No Parking" on
Trudeau Drive from 8:00 a.m. — 9:00 am and from 3:00 pm —4:00 pm.
9.1.12 That the Municipality's traffic by-law be amended to allow for "No Stopping"
within 1 metre of a driveway.
9.1.13 That the installation of a gate to permit access to the walkway only during school
hours be dismissed as a viable option.
9.1.14 That the closure and sale of the walkway as a viable option be dismissed.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, P. Eng., Transportation and Design Manager
Attachments:
Attachment 1 —Aerial Map of Walkway and area
Attachment 2 — Map Showing Number of Students Using Walkway
Attachment 3 — Loitering By-law 94-180
Attachment 4 — Loitering By-law Amendment 98-114
Attachment 5 -- Nuisance By-Law 2011-099
List of interested parties to be advised of Council's decision:
Kawartha Pineridge District School Board
Durham Regional Police Services
Norman Johnston Teofilo Corpus
Maurice Laganiere Jamie Coutu
Melissa & David Daminato Nik Papanikolas
Chris Beatty Josee Cournoyer
REPORT NO.: EGD-020-13 PAGE 20
Paul Hurtubise David Wood
Jay Smith Carol McAllister
Bill Crossey Brendan Goldsworthy
Benny Young Marianne DePass
Alison Innis Christine Williams
Carol Hopps Fred Brumwell
Kim Nixon Teresa Edwards
Leonard Welsh Ellen Slack
Tom English Lorraine Mathews
Jennifer Jandron
Amy Duval
Vince Polidoro
Morgan McMeedin
Maisie Daley
Bernice Chamberlain
Tom Woods
Jackie Nosal
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ATTACHMENT - 2
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ATTACHMENT - 3
a TO REPORT - EGD-020-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGION
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.0.1990 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:
D1;FINITIONS:
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 NUISANCES:
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
officer.
-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 of 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 damage any real or personal property
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.
PENALTIESs
9. Any person who contravenes any provision of this By-law is
guilty of an offence.
GENERAL PROVISIONSi
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 1994
By--law read a second time this28th day of November 1994
Read a third time and finally passed this 28th day
of November 1994
OR
C RK
ATTACHMENT - 4
TO REPORT - EGD- 120-13
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 98-114
Being a By-law to amend By-la%v 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 C?unell of the Municipality of Clarington hereby enacts as
follows:
I. By-law 94-180 is hereby amended by deleting subsection 1(a) in its entirety and
renumbering the remaining subsections(a)through(e).
2. By-law 94-180 is finther 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:
449 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 29`h day of June,1998
By-law read a third time and finally passed this 29`h day of June, 1998,
MAYO)
R1
ATTACHMENT - 5
TO REPORT - EGD-020-13
MUNICIPALITY OF CLARINGTON
BYLAW 2011.090
A Bylaw to regulate and prohibit public nuisances
WHEREAS Section 126 of the Munlolpol Aat,2009 provides that a munlolpality may
prohibit and regulate with respect to public nulsances Including matters that,In the
opinlon 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
Definitlons
1. In this by-law,
"defocate"means to discharge exerament from the human body;
"highway"has the same meaning as in the HIgInvay Trefflc Act, R.S.O. 1990
c. H. S;
"Municipality'means The Corporation of tho Municipalfty of Clarington or the
geographic area of Clarington,as the context requires;
unuisance"includes,
(a) soliciting;
(b) fighting,screaming,yelling or using profane or abusive language or
gestures;
(o) 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 dutles
Include the enforcement of this by-law and any police officer as defined in section
2 of the Pollco Sorvlces 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 Nvord,a gesture or other means;
Nuisance By-law 2011-099 . Page 2
"urinate'means to discharge urine from the human body;and
"vomlt°means to throw up the contents of the stomach.
-Reforoncos
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 bylaw to sections and subsections
are references to sections and subsections In this by-law.
Word Usage
4. This bylaw shall be read with all.changes In gender or number as the context
may requ€re.
6. 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-lave.
Part 2-PROHIBITED ACTIVITIES
T. (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
(11) where the contravention of Ihls 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 Disco ntintie 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
c o ntrave n i n g-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.
Nuisanco Sy-law 2011-099 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 Provinclat
Offences Act,R,8.0. 1090,o, 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 time 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 Sy-law".
Effeot€ve Date
1.5... This by-law shall be.effectiye
By-law approved this 19t'day of December,2011,
�rafAdriq foster
C.AhKe Oreontree,depuly Clerk