HomeMy WebLinkAboutBYL 05-23-C~o/
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Report to
Executive Committee
Report Number: BYL 05-23
Date: May 1, 2023
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Nuisance Activities
-File: L-2200
Recommendation:
1. That Report BYL 05-23 regarding nuisance activities be received;
2. That the amendment of the Nuisance By-law 7773/20 be enacted as per Attachment 1 to this
Report;
3. That the amendment of the Noise Control By-law 6834/08 be enacted as per Attachment 2 to
this Report; and
4. That appropriate City of Pickering officials be authorized to take the actions necessary to
implement the recommendations in this Report.
Executive Summary: As per Council Resolution #995/22, a review and public consultation
regarding a general update to the Noise Control By-law has been commenced. As per Council
Resolution #121/23, and as a result of increased complaints, staff have also consulted with
Durham Regional Police Service (“DRPS”) and reviewed best practices in other municipalities for
deterring nuisances and disruptive noise.
City staff recommend that amendments to the Nuisance By-law and increased fines under the
Noise Control By-law will provide the City with more effective tools for addressing complaints
regarding noise and nuisance activities. The amendments to Nuisance By-law deal with disruptive
parties, obnoxious behaviour, littering, loitering, causing a disturbance, public intoxication, fighting,
remaining in a public place after being asked to leave, destruction of property, carrying open liquor
in public and causing a disturbance by yelling or swearing. The amendments will also enable
Municipal Law Enforcement and DRPS officers to issue orders to stop these types of activities.
The City is receiving an increasing number of complaints about bothersome noise and nuisances
caused by rental properties, parties and bars. The by-law amendments proposed in this Report
will better allow for Municipal Law Enforcement and DRPS to address such complaints. In
particular, staff propose significantly increased fines for disruptive noise emitted by an income-
generating property or use.
Financial Implications: None.
BYL 05-23 May 1, 2023
Subject: Nuisance Activities Page 2
Discussion: As per Council Resolution #995/22, a review and public consultation regarding a
general update to the Noise Control By-law has been commenced. As per Council Resolution
#121/23, and as a result of increased complaints, staff have also consulted with DRPS and
reviewed best practices in other municipalities for deterring nuisances and disruptive noise.
City staff recommend that amendments to the Nuisance By-law and increased fines under the
Noise Control By-law will provide the City with more effective tools for addressing complaints
regarding noise and nuisance activities.
Amendments to Nuisance By-law 7773/20:
After consulting with DRPS and reviewing best practices in other municipalities, staff concluded
that amendments to the City’s Nuisance By-law would better equip the City to stop nuisance
activities. The proposed amendments to the Nuisance By-law are included in Attachment 1 to this
Report. In addition to the nuisance activities already listed by the Nuisance By-law, the
amendments would prohibit disruptive parties, obnoxious behaviour, littering, loitering, causing a
disturbance, public intoxication, fighting, remaining in a public place after being asked to leave,
destruction of property, carrying open liquor in public and causing a disturbance by yelling or
swearing.
The proposed amendments will also enable a Municipal Law Enforcement Officer or a DRPS
Officer to order a nuisance activity to stop and/or to require that persons not living at specified
premises leave those premises. Such an order can be issued verbally or in writing. Failure to
comply with such an order will be a new offence.
The proposed amendments also include revisions to clarify the definitions of “owner” and
“nuisance activity” and to allow for charging the registered owner of a motor vehicle if any
occupant of the vehicle throws, places or deposits refuse from the vehicle.
It is important to note that while the proposed Nuisance By-law amendments would provide
additional tools for Municipal Law Enforcement Officers, the primary response for these matters
when related to large gatherings or unsafe conditions remains with the DRPS.
The proposed enforcement process for nuisance activities resulting from a large gathering or a
situation deemed not safe for Municipal Law Enforcement Officers is:
1) Complaint is received and DRPS attend the location.
2) Verbal order is issued by DRPS requiring the activity to cease.
3) If necessary, a written order is issued by DRPS or MLES to the property owner and/or
person causing the nuisance.
4) If the written order is not complied with, DRPS may disperse the person(s) causing the
nuisance activity.
5) MLES or DRPS can issue tickets or a summons for violating the by-law.
Some of the proposed Nuisance By-law amendments were recommended by DRPS. They will
allow DRPS to more effectively deal with nuisance matters, even if they are not criminal offences.
If the proposed amendments are enacted by Council, staff will seek the approval of the Ministry of
the Attorney General to set fine amounts for tickets issued under the nuisance activity sections of
BYL 05-23 May 1, 2023
Subject: Nuisance Activities Page 3
the amended by-law in the range of $500.00 to $750.00 (depending on the specific violation).
DRPS advises that this amount will act as a deterrent, and has proven effective in other
municipalities. Maximum fines when a summons is issued will be $25,000.00 per offence, with a
maximum fine of $100,000.00 per offence for a corporation.
Amendments to Noise Control By-law 6834/08:
In advance of the general review of the Noise By-law pursuant to Resolution #995/22, staff
recommend that the fines be increased now, and that a “special fine” be added to the by-law for
violations that result in financial gain. Further amendments will follow completion of the
consultation process as per Resolution #995/22. The proposed amendments to the Noise Control
By-law are included in Attachment 2 to this Report. The amendments increase the maximum fine
from $5,000.00 to $100,000.00. Daily fines for continuing offences are also proposed, to a total
maximum of $100,000.00. The special fine for noise violations which result in financial gain may
exceed $100,000.00.
These increased fines will be a greater deterrent, and the daily fine for continuing offences will
allow for more effective enforcement against problematic entertainment establishments. The
addition of a special fine for offences that result in economic gain will be a strong disincentive to
noise caused by bars, night clubs and short term rental properties.
The enforcement of the Nuisance By-law and the Noise Control By-law is currently carried out by
Municipal Law Enforcement Officers in the ordinary course of their duties. Staff do not expect any
increased cost of enforcement due to the proposed by-law amendments. That being said, staff will
monitor complaint volumes on an ongoing basis to determine possible future additional staffing
requirements. DRPS assist by providing after-hours enforcement and attendance at large
gatherings and unsafe situations. DRPS and the City’s Prosecutor have reviewed the proposed
by-law amendments.
Attachments:
1. Amendments to Nuisance By-law 7773/20
2. Amendments to Noise By-law 6834/08
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
Jason Litoborski, C.P.S.O. Paul Bigioni
(Acting) Manager, Municipal Law Enforcement Director, Corporate Services & City Solicitor
Services
BYL 05-23 May 1, 2023
Subject: Nuisance Activities Page 4
Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report BYL 05-23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend By-law 7773/20, a by-law to
prohibit and regulate public nuisances in the City of
Pickering.
Whereas By-law 7773/20, provides for the regulating of public nuisances within the City of
Pickering; and
Whereas, it is deemed necessary to amend By-law 7773/20 to provide for additional regulation
of public nuisance activities;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1) That the definition of “owner” in Section 1 be repealed and replaced with:
“owner” includes the person(s), corporations, agencies and government bodies who
own a property and includes any person acting on behalf of the owner. Owner means
the registered owner of the motor vehicle.
2) That a definition of “nuisance activity” be added to Section 1 as follows:
“nuisance activity” means the activities outlined in Section 7 of this by-law.
3) That Sections 7 and 8 of By-law 7773/20 be repealed and replaced with the following,
and the remaining clauses be renumbered as required:
Section 7: No person shall cause, permit or allow the following nuisance activities:
a) urination or defecation or spitting in a public place;
b) vomiting by reason of being intoxicated in a public place;
c) being intoxicated in a public place;
d) fighting in a public place;
e) remaining in a public place after being directed to leave;
f) destruction of private or public property;
g) littering on public or private property
h) carry liquor in a public place without the benefit of an AGCO licence;
i) create a disturbance by yelling or swearing;
j) solicitation in a manner that obstructs traffic or causes a disturbance;
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By-law No. XXXX/23 Page 2
k) activity that is disorderly or obnoxious.
4) That Section 15 be amended to by adding the following and renumbering the current
clause to become 15 a):
15 b) The owner of a motor vehicle is liable for any refuse that is thrown, placed or
deposited from the motor vehicle onto any property without permission from the owner
or occupant of such property.
5) That Section 18 be repealed and replaced with the following: No person shall prevent,
hinder or interfere or attempt to prevent, hinder or interfere with an officer.
6) That a new Section be added to the end of Part III-Enforcement as follows and that the
remaining clauses be renumbered accordingly:
Order to Discontinue Activity
20. a) An officer may order any and all persons to cease a nuisance activity and require all
persons not residing on any premises to leave premises where nuisance activity is occurring.
This includes the ability to require any or all persons to leave a public place.
b) An order under this section may be given verbally or in writing and may be served
personally on the person(s) to whom it is directed.
21. No person shall fail to comply with an order given under the authority of this by-law.
By-law passed this 23rd day of May, 2023.
Kevin Ashe, Mayor
Susan Cassel, City Clerk
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Attachment #2 to Report BYL 05-23
The Corporation of the City of Pickering
By-law No. XXXX/23
Being a by-law to amend By-law 6834/08, as
amended, providing for the regulation of noise in the
City of Pickering.
Whereas By-law 6834/08, as amended prohibits and regulates noise within the City of
Pickering; and
Whereas, it is deemed necessary to amend By-law 6834/08, as amended to provide for
increased fines to more effectively deter violations;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1) The addition of a new clause in the preamble that states:
Whereas the Municipal Act, 2001 provides the ability for a municipality to impose fines
in excess of $5,000.00 under the Provincial Offences Act R.S.O. 1990, allows fines for
continuing offences and also allows for special fines that may exceed $100,000.00.
2) Section 14 shall be repealed and replaced with the following:
Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to:
(a) A fine of not more than $100,000.00.
(b) In the case of a continuing offence, a minimum fine for each day or part thereof
shall be a minimum of $500.00 and a maximum of $10,000.00. Daily fines for a
continuing offence shall not be limited to $100,000.00
(c) In addition to any other fines under this section, a special fine may be imposed if
the commission of an offence results in economic gain or advantage. The
maximum amount of a special fine may exceed $100,000.00.
By-law passed this 23rd day of May, 2023.
Kevin Ashe, Mayor
Susan Cassel, City Clerk