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HomeMy WebLinkAboutNuisance By-Law - Consolidated Office Consolidation Nuisance By-law No. 7773/20 Passed by Council on July 27, 2020 Last Update: May 23, 2023 Amendments: By-Law 8013/23 May 23, 2023 Being a by-law to amend By-law 7773/20, a by-law to prohibit and regulate public nuisances in the City of Pickering By-law 7773-20 Page 2 The Corporation of the City of Pickering By-law No. 7773/20 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-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 7773-20 Page 3 “highway” has the same meaning as in subsection 1 (1) of the Highway Traffic Act' and includes unopened and unassumed road allowances; “nuisance activity” means the activities outlined in Section 7 of this by-law. “officer” means a municipal law enforcement officer employed by the City, or a police officer pursuant to subsection 42(1)(h) of the Police Services Act; “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. “person” includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and also includes the heirs, executors or legal representatives of the person; “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 By-law 7773-20 Page 4 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. Part II – Regulations General Prohibitions 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; k) activity that is disorderly or obnoxious. 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. No owner shall permit or allow the discharging of any water, from swimming pools, hot tubs, wading pools or ornamental ponds to drain or migrate onto adjacent property, other than a municipal storm sewer. By-law 7773-20 Page 5 11. No owner shall permit or allow any sump pump to be discharged directly onto any neighbouring property. 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, 12 and 13 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 a) 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. 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. Part Ill - Enforcement Enforcement 15. This by-law may be enforced by any officer. 16. 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. 17. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an officer. 18. Where an officer has reasonable grounds to believe that an offence has been committed by a person, the officer may require the name, address, and proof of identity of that person, and no person shall fail to provide the requested information. Order to Discontinue Activity 19 a) An officer may order any and all persons to cease a nuisance activity and By-law 7773-20 Page 6 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. 20. No person shall fail to comply with an order given under the authority of this by- law. Offences and Penalties 21. Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to subsection (2), upon conviction is liable to a fine not exceeding $25,000. 22. Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed on the corporation is $100,000. Part IV – General Short Title 23. This by-law may be cited as the "Nuisance By-law". Repeal 24. By-Law No. 5330/98 is hereby repealed. Effective Date 25. This by-law shall come into force and effect on the day it is passed. By-law passed this 27th July 2020.