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
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consideration of
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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