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Home My WebLink AboutCAO 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 0 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