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HomeMy WebLinkAboutCD-45-94 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# `l 1 Date: November 21, 1994 Res. #L->L 0_(o L/ By-Law# — 4 Report#: -45-94 File#: Subject: LOITERING BY-LAW Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-45-94 be received; 2 . THAT the By-law attached to Report CD-45-94 be approved; and 3 . THAT a copy of the By-law be forwarded to the Durham Region Police Department. BACKGROUND: Over the past few months staff have received several complaints concerning groups of people congregating in various areas within the Municipality and causing problems for the general public. Staff have spoken to the Regional Police with regards to the problem on several occasions . The Regional Police have suggested that if the Municipality passed a Loitering By-law, it would give them the tools necessary to deal effectively with the situation. The proposed By-law is drawn from one already in effect in Oshawa. PROPOSED LEGISLATION: Section 210( 140) of the Municipal Act, R.S.O. 1990, permits Councils of local municipalities to pass by-laws to prohibit and abate public nuisances . The By-law treats loitering as a public nuisance. While the Criminal Code of Canada does, in fact, contain provisions dealing with loitering under its "Cause Disturbance" section, the Regional Police have advised staff that they believe the situation can be more effectively handled by use of the By-law. The unfortunate incidents which occurred on Halloween night highlight the need for stronger enforcement action. 6 0 1 �PA E D486PRIVEOIX-1-PA- REPORT NO. CD-45-94 - 2 - NOVEMBER 21, 1994 In view of the potential for violence as evidenced by recent events and the resources and manpower available to them, the most logical choice is to place the responsibility for enforcement of the By-law with the Regional Police. Staff have been assured by the Regional Police that they will, in fact, be the agency to enforce the provisions of the By- law. Respectfully submitted: Reviewed by: at Bar ie, A.M.C.T. W.H. Stockwell Town Clerk Chief Administrative Officer PLB*LC*MH THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94- 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.O.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: DEFINITIONS: 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. PENALTIES: 9. Any person who contravenes any provision of this By-law is guilty of an offence. GENERAL PROVISIONS: 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 day of 1994 By-law read a second time this day of 1994 Read a third time and finally passed this day of 1994 MAYOR CLERK 604 I