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HomeMy WebLinkAboutCAO 13-10 City Report To Executive Committee PIC < RING Report Number: CAO 13-10 , Date: June 14, 2010 05 From: Debbie Shields City Clerk Subject: Proposed Nuisance By-law Addendum to Report Number CAO 05-10 Recommendation: 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: This report is an addendum to Report CAO 05-10, which was presented at the May 10, 2010 Executive Committee meeting. Council directed staff to review the proposed Nuisance By-law and clarify potential enforcement specifically relating to the provisions regulating spitting in a public place, vomit by reason of intoxication in a public place, and deposit liquids other than storm water into a municipal storm sewer. The attached revised by-law represents the changes made in accordance with the comments received by Council, with further information outlined below. Financial Implications: Minimal revenue generated. Sustainability Implications-: The provisions in the by-law are intended to eliminate undesirable impacts on the social environment. Background: The provisions in the proposed Nuisance By-law relating to spitting in a public place are intended to provide police with the ability to deal with issues where clearly the behaviour is offensive. Many times this, and the other types of behaviour prohibited, are encountered while dealing with youth. The by-law prohibitions either address behaviours not covered in the criminal code or provincial legislation, or provide for the issuance of a simple fine rather than laying a charge that may lead to a criminal record. Where officers are dealing with youth issues, simple set fines further the ability to educate where attempts at verbal discussions have failed. The officer who issues the offence notice must always be able to articulate and justify the reasons why the charge Report CAO 13-10 June 14, 2010 Subject: Proposed Nuisance By-law Page 2 O is laid. Spitting offences will often be accompanied by an attitude or demeanour which the officer encounters while addressing other issues. Most municipalities have implemented these types of by-law prohibitions to provide additional means of addressing issues in downtown or waterfront areas, where patrons may leave bars and then urinate on the neighbouring properties, or cause other types of nuisance behaviour. After further consultation with Durham Regional Police Service, the provision prohibiting vomit by reason of intoxication has been removed. Council also had questions regarding the provision regulating the discharge of any liquid other than storm water into a municipal storm sewer. There were concerns expressed regarding situations where residents washed their cars and the water and soap might enter the storm sewer and what the enforcement intentions were. Council was advised that this was not the intention of the provision and enforcement was intended for the more blatant types of issues, as currently there were no.prohibitions in place at all to pursue enforcement action. This provision has been removed from the draft by-law, as to provide the specifics detailing all of the potential substances and circumstances requires a comprehensive by=law, such as the Region of Durham's sixteen page Sewer Use by-law. Council should be aware that by eliminating this provision, the City will be unable to initiate any type of by-law enforcement relating to improper discharge into the municipal storm sewers. The proposed Nuisance By-law has been revised to clarify the concerns expressed at the previous Executive Committee meeting. Once approved, the by-law will provide the ability for the issuance of "tickets" for the offences outlined, allowing a simplified, effective enforcement process for behaviours which are offensive to the public. Attachment: 1. Proposed Nuisance By-law Prepared By: Approved/Endorsed By: Ki rly Thompson Debbie Shields Manager, By-law Enforcement Services City Clerk Recommended for the consideration of Picker' Cit uncil Tony Prevedel Chief Administrative Officer CORP0227-07/01 revised THE CORPORATION OF THE CITY OF PICKERING 07 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, or spitting 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 draining water from a swimming pool, hot tub, or ornamental pond onto neighbouring property 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-law, "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 08 "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; and "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. 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 09 PART II - REGULATIONS General Prohibitions 7. No person shall urinate, defecate or spit in a public place. Fixtures 8. No person shall knock over, attempt to knock over or otherwise attempt to damage a fixture. 9. No person shall alter or deface a fixture. Swimming Pools 10. (1) 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. (2) Subsection (1) shall not apply to a person who drains water from a swimming pool, hot tub, ornamental pond, downspout, eaves trough or sump pump into a municipal storm sewer. Littering & Illegal Dumping 11. 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 111- ENFORCEMENT Enforcement 12. 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. 13. This by-law may be enforced by any officer. 14. An officer may, at any reasonable time, enter upon any land for the purpose of determining whether or not the provisions of this by-law have been complied with. 15. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an officer. BY-LAW NO****/10 Page 4 Offences and Penalties 16. 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 17. This by-law,may be cited as the "Nuisance By-law Repeal 18. By-Law No. 5330/98 is hereby repealed. Effective Date 19. 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 June, 2010. David Ryan, Mayor Debbie Shields, City Clerk