HomeMy WebLinkAboutCAO 05-10
cis, Report To
_ ;A Executive Committee
PICKERING Report Number: CAO 05-10
Date: May 10, 2010
01
From: Andrew C. Allison
City Solicitor
Subject: Proposed Nuisance By-law
File: L-2000-001-10
Recommendation:
1. That the draft Nuisance By-law, included as Attachment 1, providing restrictions
regarding littering, public urination, spitting, and fixture vandalism within the City
of Pickering, be enacted.
Executive Summary: The proposed Nuisance By-law introduces regulations
regarding actions or behaviours deemed inappropriate or unacceptable by the City. The
prohibitions regarding public urination, spitting or defecating have been initiated at the
request of Durham Regional Police Service. The provisions regarding damaging
fixtures and littering are expanding upon or replacing previous regulations. All
regulations in the by-law will have set fines established for contraventions of the by-law.
Financial Implications: Minimal revenue generated from issuance of Part I Offence
Notices with set fines.
Sustainability Implications: The provisions in the by-law are intended to eliminate
undesirable impacts on the social environment.
Background: The proposed Nuisance By-law addresses a variety of issues. In
the training sessions provided to improve the knowledge of Durham Regional Police
Officers in relation to City by-laws, a number of officers inquired as to by-laws
prohibiting urinating, defecating, spitting or vomiting in public. It was stated that a by-
law regulating this behaviour could assist officers in the performance of their duties.
The provisions relating to boulevard fixtures are an expansion of regulations in the
boulevard by-law and were drafted to enable set fines to be created for actions which
may not result in damage to the fixtures, however, do create a public nuisance.
Regulations have also been included relating to the discharge of water from swimming
pools, hot tubs and ponds onto neighbouring properties. This issue has come up on a
Report CAO 05-10 May 10, 2010
Subject: Proposed Nuisance By-law Page 2
02
number of occasions and the City has no by-law that regulates such activity. Under the
proposed by-law, this type of action would be an offence and an officer could issue a
ticket to a property owner draining their pool to a neighbouring property. The proposed
by-law exempts the accepted practice of draining the water into a municipal storm
sewer.
Finally, the provisions relating to littering and illegal dumping are being consolidated into
the proposed by-law. The existing stand alone Littering By-law 5330/98 should be
repealed. The inclusion of the regulations prohibiting littering and illegal dumping will
ensure the by-law has updated enforcement and penalties sections. This provision is
also another which may be enforced more effectively with set fines.
The proposed Nuisance By-law will provide additional tools to both staff and Durham
Regional Police to deal with various issues which affect the public from time to time.
The provisions incorporated are similar to those found in many other municipal nuisance
by-laws.
Attachment:
1. Proposed Nuisance By-law
Prepared By: Approved/Endorsed By:
"
Kimb ly Thomp on Debbie Shields
Manager, By-law Enforcement Services City Clerk
Andrew C. Allison
City Solicitor
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering Cites ou cil
lee
A
~ o as J. Qui n, DMR M III
Chief Administr ve Officer
CORP0227-07/01 revised
THE CORPORATION OF THE CITY OF PICKERING 03
BY-LAW NO. ****/10
Being a by-law to prohibit and regulate public
nuisances within the City of Pickering.
WHEREAS section 128 of the Municipal Act, 2001 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 public nuisances; and
WHEREAS, in the opinion of Council, the act of urinating, defecating, spitting or
vomiting in a public place is a public nuisance; and
WHEREAS, in the opinion of Council, the act of knocking over or damaging mailboxes,
relay boxes, newspaper boxes, recycling boxes, garbage containers, permitted signs or
other public fixtures is a public nuisance; and
WHEREAS, in the opinion of Council, the act of throwing, placing or depositing refuse
on property without permission from the owner or occupant of such property is a public
nuisance; and
WHEREAS, in the opinion of Council, the act of depositing certain liquids or materials
into municipal storm sewers is a public nuisance.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
1. In this by-iaw,
"City" means The Corporation of the City of Pickering or the geographical area of
the City of Pickering, as the context requires;
"Council" means the Council of the City;
"fixture" means any structure that the City permits to be located within a
boulevard including a utility box, newspaper vending box, bench, transit shelter,
telephone box, telephone booth, transformer box or vault, telephone pole, hydro
pole, streetlight, stoplight pole, recycling waste module, mailbox, street sign, a
Canada Post relay mailbox, permitted signs, or a blue box, green bin or other
garbage container;
BY-LAW NO****/10 Page 2
0
"highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act
and includes unopened and unassumed road allowances;
"public place" includes a highway and any other place to which the public has
access as of right or by invitation, expressed or implied, and any private property
that is exposed to public view, but does not include a washroom facility;
"refuse" includes garbage or debris of any kind and, without limiting the generality
of the foregoing, includes a vehicle that. appears by reason of its appearance,
mechanical condition or lack of current licence plates to be inoperative,
inoperative mechanical equipment, automotive and mechanical parts,
appliances, furnaces, heater or fuel tanks, disused furniture, table waste, paper,
cartons, crockery, glassware, cans, garden refuse, earth or rock fill, old or
decayed lumber, material from construction or demolition projects, and old
clothing; and
"storm sewer" means a pipe, conduit, drain, open channel or ditch for the
collection and transmission of storm water, drainage from land, or from a
watercourse, or any combination thereof.
References
2. In this by-law, references to any Act, regulation or by-law is a reference to that .
Act, regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Conflicts
5. If a provision of this by-law conflicts with a provision of any applicable Act,
regulation or by-law, the provision that establishes the higher or more restrictive
standard to protect the health, safety and welfare of the general public shall
prevail.
Severability
6. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
BY-LAW NO****/10 Page 3
05
PART II REGULATIONS
General Prohibitions
7. No person shall urinate, defecate or spit in a public place.
8. No person shall vomit by reason of being intoxicated in a public place.
Fixtures
9. No person shall knock over, attempt to knock over or otherwise attempt to
damage a fixture.
I
10. No person shall alter or deface a fixture.
Swimming Pools
11. No person shall drain or cause or permit the drainage of water from a swimming
pool, hot tub or ornamental pond onto property other than the property from
which it originated.
Storm Sewers
12. No person shall deposit or cause or permit to be deposited any liquids (other than
storm water) or materials into a municipal storm sewer.
Exceptions
13. Sections 11 and 12 shall not apply to a person who drains water from a
swimming pool, hot tub, ornamental pond, downspout, eaves trough or sump
pump directly into a municipal storm sewer.
Littering & Illegal Dumping
14. No person shall throw, place or deposit or cause or permit to be thrown, placed
or deposited any refuse on any property without permission from the owner or
occupant of such property.
PART III - ENFORCEMENT
Enforcement
.15. In this Part, "officer" means a police officer, municipal law enforcement officer or
other individual duly appointed for the purpose of enforcing this by-law.
BY-LAW NO****/10 Page 4
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16. This by-law may be enforced by any officer.
17. An officer may, at any reasonable time, enter upon any property for the purpose .
of determining whether or not the provisions of this by-law have been complied
with.
18. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an officer.
Offences and Penalties.
19. 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.
PART IV - GENERAL
Short Title
20. This by-law may be cited as the "Nuisance By-law".
Repeal
21. By-Law No. 5330/98 is hereby repealed.
Effective Date
22. This by-law shall come into force and effect on the day it is passed.
BY-LAW read a first, second and third time and finally passed this day of May,
2010.
David Ryan, Mayor
Debbie Shields, City Clerk