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Report To: Joint Committees
Date of Meeting: February 6, 2023 Report Number: LGS-007-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO
File Number:
Resolution#: JC-004-23
By-law Number: 2023-010
Report Subject: Nuisance Lighting
Recommendations:
1.That Report LGS-007-23 and any related delegations or communication items, be
received;
2.That the By-law attached to Report LGS-007-23, as attachment 1, be approved; and
3.That all interested parties listed in Report LGS-007-23 and any delegations be
advised of Council’s decision.
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Report LGS-007-23
Report Overview
A report to amend the Municipality of Clarington’s Nuisance bylaw, to address an increase of
lighting concerns from residents.
1. Background
1.1 At the November 20, 2022, General Government Committee meeting, Council
considered correspondence from Laura Lee Carey requesting Council to enact a by-law
to regulate nuisance lighting and referred the correspondence to staff to report back.
1.2 In 2020 staff reported LGS-001-20 to the General Government Committee, as a result
Council passed Resolution GG-365-20 approving bylaw 2020-070 to amend the
Property Standards By-law;
Residential exterior lighting fixtures shall be installed and maintained so as to
prevent the light from being pointed directly at any other property.
1.3 In 2020 staff reported there had only been two complaints related to residential lighting
in the past five years. Over the last two years that has increased to approximately ten
complaints.
1.4 The latest complaints received have mostly been noted to be in compliance with the last
amendment. Being that the lights are positioned in a manner that are not directly
pointed at an adjacent property and are more related to light trespass or a perceived
nuisance.
Discussion
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Report LGS-007-23
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.
any other activity or conduct that is disorderly, annoying, unpleasant or
obnoxious.
The definition of “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.
1.9 Section 128 (1) 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.
Residents that experience disruptions due to the effects of excessive lighting on an
adjacent property generally express that the lighting is a nuisance and causes a loss of
enjoyment of a property. The Nuisance By-law currently only applies to nuisances that
occur on public property. As excessive lighting is more fitting to the definition of a
nuisance, a solution to address this issue would be to amend the existing Nuisance By-
law rather than the Property Standards By-law. If Council wishes to move forward with
this solution, the attached amendments is the solution proposed (Attachment 1).
1.10 Enforcement of the attached draft By-law regulations would be handled in a similar
manner as noise. Under that approach, a resident would be required to provide a
statement of the nuisance, and an officer could then proceed with notice to the property
owner to take corrective action. If the concern is rectif ied no further action would be
required. If the concern is not rectified, further enforcement may be pursued including
provincial offence charges. The participation of the complainant(s) for court purposes
would be relied upon for successful prosecutions in these matters.
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Report LGS-007-23
2. Financial Considerations
Not Applicable.
3. Concurrence
Not Applicable.
4. Conclusion
It is respectfully recommended that;
That the By-law attached to Report LGS-007-23, as attachment 1, be approved; and
1. That all interested parties listed in Report LGS-007-23 and any delegations be
advised of Council’s decision.
Staff Contact: Duncan Anderson, Municipal Law Enforcement Officer, 905-623-3379 Ext. 2110
or danderson@clarington.net.
Attachments:
Attachment 1 – Draft Bylaw 2023-XXX
Interested Parties:
The following interested parties will be notified of Council's decision:
Laura Lee Carey
Attachment #1 to LGS-001-23
THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
BY-LAW No. 2023-___
Being a by-law to amend Nuisance By-law No. 2011-099
WHEREAS the Council of The Corporation of the Municipality of Clarington deems it
desirable to amend Nuisance By-law No. 2011-099
NOW THEREFORE be it enacted that By-law 2011-099 be amended as follows:
1. The following new section 8 is inserted into By-law 2011-099:
Nuisance Lighting
8. No person shall create, cause or permit an intrusion of light of an
unusual intensity or type onto adjacent property so as to be or to
cause a nuisance.
2. The remaining sections of By-law 2011-099 are renumbered accordingly.
3. This by-law comes into effect on the date of its passing.
PASSED this xx day of Febuary, 2023.
__________________________
Adrian Foster, Mayor
__________________________
June Gallagher, Municipal Clerk