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HomeMy WebLinkAboutCS 63-06 Cillf (J~ REPORT TO COUNCIL "sf"' 1. {J \ Report Number: CS 63-06 Date: October 10, 2006 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Implementation of a City Wide Graffiti By-law Recommendation: 1. That Report CS 63-06 of the Director, Corporate Services & Treasurer be received; 2. That the draft Graffiti by-law, included as Attachment #1 to this report, be enacted; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: At the request of the Chief Administrative Officer, and based on continuing complaints, staff met to review graffiti by-laws currently in force in other municipalities for the purpose of creating a by-law for the City. Section 128 of the Municipal Act 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 nuisance. Financial Implications: Not applicable. Background: Commencing last summer, City of Pickering staff made a concerted effort to be vigilant to document and report incidents of graffiti to the appropriate agency. Since this time, the City also launched the Eyes on the Street program. In the early part of this year, the City started to review more frequent requests for graffiti abatement. The City has learned from the Durham Regional Police - Gangs Enforcement Unit and the Toronto Transit Commission that much of the graffiti we view as simply symbols, words, numbers and colours are actually gang messages depicting territorial boundaries. Graffiti is used as a means of communication between gangs; therefore it is essential that the City remove all graffiti as soon as it is reported. Report CS 63-06 Graffiti By-law 16. October 10, 2006 Page 2 Even graffiti unrelated to gangs has serious negative consequences because it impacts on the aesthetics of the community and individuals perception about the area, which in turn can impact economic development. One of the most important actions the City can make to address the graffiti problem throughout the City and prevent it from worsening is to remove it as soon as possible. At the present time, the City has made arrangements to create an area where graffiti artists can showcase their talent within Diana, Princess of Wales Park's skateboard area. One of the key components of the by-law is it provides for an 'Art Mural Exemption', and the ability of Council to review applications to approve or refuse the application through a formal report to Council process. The adoption of the graffiti by-law will also improve the ability of City staff to enforce the removal of graffiti effectively and immediately. In summary, the City Clerk and City Solicitor prepared the draft by-law and a review was undertaken with the Chief Administrative Officer and members of the CAO Management Committee. All parties are satisfied that it addresses the needs of the City at this time. Attachments: 1. Draft Graffiti By-law Prepared By: Approved I Endorsed By: ~ '~1)utd} \) . Debi A. Bentley (f City Clerk -~-:~ '--<3IlIis A. Paterson Director, Corporate Services & Treasurer GAP:db:ks Attachments Copy: Chief Administrative Officer I ATTACHMENT # TO REPORT # C61b3~Oh THE CORPORATION OF THE CITY OF PICKERING BY-lAW NO. ***/06 a eAFT Being a by-law to prohibit graffiti '''6 "" .1.' :;) WHEREAS Section 128 of the Municipal Act, 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; AND WHEREAS the opinion of Council of the City of Pickering is that graffiti is a public nuisance. NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING ENACTS AS FOllOWS: Definitions 1. In this by-law, (a) "art mural" means a mural that has been made for the purpose of beautifying specific property with the consent of the owner of the property; (b) "City" means the Corporation of the City of Pickering; (c) "Council" means the Council of the City; (d) "graffiti" means one or more letters, symbols, numbers, etchings, inscriptions, pictorial representations, or other markings that disfigure or deface property howsoever made on or otherwise affixed to the property, but does not include, (i) a sign authorized by the City's Sign By-law; (ii) a public notice authorized by law; (ii) a traffic control mark authorized by law; or (iii) an art mural approved by the City in accordance with section 6; (e) "interior space" means any space that is not visible from a highway or other public place; (f) "officer" means a City employee whose duties include the enforcement of this by-law; .~ 6 . \ l' ,j 11 'AFT (g) "property" means a house, building, wall, fence or other structure, whether mobile or immobile, and includes the lands appurtenant to such structures; and (h) "public place" means any place to which the public has access, as of right or by invitation, express or implied. Graffiti Prohibited 2. No person shall place graffiti or cause or permit graffiti to be placed on any property. 3. Every owner and every occupant of property shall at all times maintain the property free of graffiti. Application to Interior Space 4. Sections 2 and 3 do not apply to the interior space of any property. Notice to Complv 5. (1) An officer who finds a contravention of this by-law may give written notice to the owner or occupant of the property requiring compliance with this by- law within fourteen (14) days after the notice is given. (2) The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case the notice shall be deemed to have been given on the third day after it is mailed. (3) If there is evidence that the person in possession of the property is not the registered property owner, the notice shall be served on both the registered property owner and the person in possession of the property. (4) If the address of the owner is unknown or the City is unable to effect service on the owner or occupant under subsection (2), a placard stating the terms of the notice and placed in a conspicuous place upon land on or near the property shall be deemed to be sufficient notice to the owner. Art Mural Exemption 6. (1) An owner or an owner's agent may apply to the City for permission to create an art mural on the owner's property. (2) An application for an art mural exemption shall be made in writing to the City Clerk. The application shall include a sketch of the proposed art mural and a diagram showing the location of the proposed art mural. ...... F.,.,...,...'''''.'1' R..'. . , .' k ",' i i';;' ," ;.", ,'. <.< ... . (3) When an application for an art mural exemption has been received, the City Clerk shall prepare a report for Council's consideration. 4 ~"1" (4) When dealing with an application for an art mural exemption, Council may, 1 . l (a) approve the application and permit the creation of the proposed art mural, with or without conditions; or (b) refuse the application. Failure to Complv 7. (1) If an owner or occupant fails to comply with a notice given under section 5, the City may enter upon the owner's property or occupant's property at any reasonable time for the purposes of removing the graffiti. (2) Costs incurred by the City in doing the work required to be done to remove the graffiti may be recovered by action or adding the costs to the tax roll and collecting them in the same manner as taxes. Offences 8. Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided in the Provincial Offences Act. Short Title 9. This by-law may be cited to as the 'Anti-Graffiti By-law". Effective Date 10. This by-law comes into effect on the day of its passing. BY-LAW read a first, second and third time and finally passed this _ day of October, 2006. David Ryan, Mayor Debi Bentley, City Clerk