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HomeMy WebLinkAboutCS 14-05PICKERING REPORT TO EXECUTIVE COMMITTEE Report Number: CS 14-05 Date: February 8, 2005 Bruce Taylor, AMCT, CMM City Clerk Subject: Restrict the Use of Searchlights Recommendation: 1. That Corporate Services Report CS 14-05 regarding the use of searchlights be received. That the draft by-law to restrict the use of searchlights be enacted. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: This Report implements the Notice of Motion passed on January 17, 2005 to restrict the use of searchlights. Financial Implications: Not applicable Background: Please be advised that Council passed the following resolution at its regular meeting of January 17, 2005: WHEREAS various businesses have been using searchlights as an advertising method to attract customers; and WHEREAS searchlights tend to cause a nuisance to residents that live close to such search lights; and Report CS 14-05 Restrict the Use of Searchlights February 8, 2005 Page 2 WHEREAS other forms of advertising through illuminated pylon signs, billboard signs and wall signs are strictly regulated through the City's Sign By-law; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby directs staff to prepare a by-law that will restrict the use of searchlights in a manner that they will not cause a nuisance to residents or local businesses. Attached to this Report is a draft by-law to strict the use of searchlights in conformity with the intent of the Resolution passed on January 17, 2005. In developing the attached draft by-law, it was felt that a searchlight could not be considered a sign because in many instances, searchlights are used for entertainment purposes as well as advertising devices and therefore I could not rely on the provisions in the Municipal Act respecting signs. Also, I could not rely on the provisions of the Act respecting the licensing of businesses because again, searchlights are often used by community groups for entertainment purposes as well as by businesses to advertise a location. The enabling legislation for the attached draft by-law comes from Sections 128(1) and 128(2) of the Municipal Act that states: 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. The opinion of Council under this section, if arrived at in good faith, is not subject to review by any court. The resolution passed by Council on January 17, 2005 does indicate that searchlights operated close to a residential area does cause a nuisance from the ambient light that shines from such equipment. The resolution goes on to state that searchlights may be allowed but only in such a manner that they will not cause a nuisance to residents or local businesses. The following are the features of the attached draft by-law: · searchlights are deemed to include a laser source light as well as a high intensity light that projects a light beam into the atmosphere · searchlights cannot be operated within 100 metres of the lot line of any residential property or within 10 metres of any road allowance · such equipment shall not interfere with the flow of traffic or create a traffic hazard Report CS 14-05 Restrict the Use of Searchlights February 8, 2005 Page 3 · a searchlight shall not be operated longer than five days within any three-month period · a searchlight shall be shielded so that no direct light trespasses beyond the property on which the searchlight is located · a searchlight shall only be operated between 6:00 pm and midnight Monday to Saturday and from 6:00 pm to 10:00 pm on Sunday. · the draft by-law will exempt government agencies that use searchlights such as the Police and airport authorities as well as agencies that use searchlights for the collection of meteorological data. Attachments: 1. Draft by-law to regulate the use of searchlights Prepared By: Bruce Taylor City Clerk Approved / Endorsed By: Gillis A. Paterson Director, Corporate Services & Treasurer Attachment Copy: Chief Administrative Officer Recommended for ~ Picker~[~ ', ///~L_, h°mas J' O~(n n' CI consideration of ef Administrative Officer THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a by-law to regulate the use of searchlights in the City of Pickering. WHEREAS pursuant to Section 128(1) of the Municipal Act, S.O. 2001, c. 25, as amended, 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 by Resolution #13/05 passed on January 17, 2005, the Council of The Corporation of the City of Pickering declared that searchlights tend to cause a nuisance to residents that live close to such equipment and directed staff to prepare a by-law that will restrict the use of searchlights in a manner that they will not cause a nuisance to residents or local businesses; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: In this a) b) c) by-law, "City" means the Corporation of the City of Pickering. "Person" means any owner, tenant or occupier of land and shall include a corporation. "Searchlight" means any device that projects a light beam into the atmosphere for the purpose of attracting persons to a particular property and shall include a laser source light or any similar high intensity light for outdoor advertising or entertainment. No person shall operate a searchlight, a) b) c) d) within 100 metres from the lot line of any residential property. within 10 metres of any road allowance. in such a manner that the searchlight would interfere with traffic or create a traffic hazard. longer than five days within any three-month period. A searchlight shall be located, aimed and or shielded so as no direct light trespasses beyond the property line on which the searchlight is located. A searchlight shall only be operated between the following hours: a) Monday to Saturday - 6:00 pm to midnight b) Sunday - 6:00 pm to 10:00 pm This By-law shall not apply to any government agency that uses searchlights in the course of its normal operation, for the collection of meteorological data and agencies that require searchlights for navigational and general life safety. Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act. BY-LAW read a first, second and third time and finally passed this 21st day of February, 2005. David Ryan, Mayor Bruce Taylor, Clerk