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CITY OF NANAIMO
BYLAW NO. 7267
A BYLAW TO PREVENT AND PROHIBIT NUISANCES AND DISTURBANCES
WHEREAS the City of Nanaimo wishes to promote a safe, comfortable and inviting
community for all of its citizens, businesses and visitors;
WHEREAS the small minority of persons that creates nuisances and disturbances and
that, in general, engages in uncivil behaviour threatens the quality of life desired by the population
as a whole; and
WHEREAS it is in the public interest for the City to take the necessary measures to
eliminate nuisances, disturbances and occurrences of uncivil behaviour.
NOW THEREFORE the Council of the City of Nanaimo in open meeting assembled
HEREBY ENACTS AS FOLLOWS:
1.
Title
This Bylaw shall be cited as the City of Nanaimo "PUBLIC NUISANCE BYLAW 2019
No. 7267.
2.
Definitions
In this Bylaw:
"Bylaw Enforcement Officer"
means a person appointed by the Municipal Council as
a Bylaw Enforcement Officer.
"City"
means the City of Nanaimo.
"City Parkade"
means the City parking structures and facilities located
upon the following lands:
a. Bastion Street Parkade, situated at lands with a
civic address of 236 Bastion Street, Nanaimo, and
legally described as Lot 1, Plan 26912, Nanaimo
District
b. Harbour Front Parkade, situated at lands with a
civic address of 51 Gordon Street, and legally
described as Lot 1, Section 1 and part of the bed of
the public harbor, Nanaimo District, Plan VIP65156,
except parts in Air Space Plan VIP65336 and Air
Space Plan VIP65337.
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Page 2
c. Port of Nanaimo Centre Parkade, situated at lands
with a civic address of 101 Gordon Street, and legally
described as LT A, Sec 1, LD 32, and of the bed of
the public harbor of Nanaimo, PLN VIP79754, Lot A,
Section 1, Nanaimo District, and of the bed of the
public harbor of Nanaimo, Plan VIP 79754.
"Consume"
in relation to Liquor, includes putting liquor to any use, by
drinking or otherwise, and includes possessing liquor in
an open or unsealed container.
"E-Cigarette"
means any product or device containing an electronic or
battery-powered heating element capable of vaporizing
an e-substance for inhalation or release into the air,
whether or not the device resembles a cigarette.
"E-Substance"
means a solid, liquid, or gas that, on being heated,
produces a vapour for use in an E-Cigarette, regardless
of whether the solid, liquid, or gas contains nicotine.
"Establishment"
has the same meaning as in the Liquor Control and
Licensing Act, SBC 2015, c. 19.
"Event Site"
has the same meaning as in the Liquor Control and
Licensing Act, SBC 2015, c. 19.
"Graffiti"
includes any unauthorized inscription, drawing, writing,
pictorial representation, message or slogan made on any
surface by means of paint, chalk, ink or other
substances, or by chisel, hammer, stone or other device.
"Highway"
includes every road, street, lane, alley and right-of-way
designed or intended for or used by the general public
for the passage of vehicles, and every place or passage
way to which the public, for the purpose of parking or
servicing of vehicles, has access or is invited; and every
place or passage way owned or operated by the City of
Nanaimo for the purpose of providing off-street parking.
"Liquor"
has the same meaning as in the Liquor Control and
Licensing Act, SBC 2015, c. 19;
"Park"
means any space owned or leased by the City, province,
or federal government and used, reserved, or dedicated
for use as a play area, play lot, playground, play field,
trail, public square, open space, beach, or other parks,
recreation, or culture purposes, whether or not the space
is zoned or formally designated for that purpose.
"Peace Officer"
has the same meaning as in the Criminal Code, RSC
1985, c. C-46.
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Page 3
"Person"
means a natural person.
"Public Place"
includes every sidewalk, park, courtyard, square,
walkway, parkade and any other area open to public use.
"Smoke" or "Smoking"
means to inhale, exhale, burn, consume, or carry
while lighted or activated:
(a) a cigarette, cigar, pipe, bong, hookah, or other
lighted smoking equipment which burns
tobacco, cannabis, or any other plant, herb, or
weed substance; and
(b) an e-cigarette or e-substance.
3.
General Prohibitions
3.1
No person shall engage in drunkenness, profane swearing or indecent, obscene
or grossly insulting language on a Highway or in a Public Place.
3.2
No person shall impede or obstruct any other person on a Highway or Public Place,
excluding lawful picketing as provided in the BC Labour Code.
3.3
No person shall stand on a Highway or Public Place in such a manner which
impedes or obstructs the free movement of other persons or vehicular traffic.
3.4
No person shall participate in a fight or other similar physical confrontation on a
Highway or in a Public Place.
3.5
No person shall deposit or throw bottles, broken glass or other rubbish on any
Highway or in a Public Place.
3.6
No person shall place graffiti on walls, fences or other surfaces in or visible from a
Highway or Public Place.
3.7
No person shall, without reasonable excuse, urinate, vomit, or defecate on or in a
Highway or Public Place.
(a)
For the purposes of this section, a "reasonable excuse":
(i)
means a situation in which the contravention was inevitable or
unavoidable, and the person in contravention had no reasonable
opportunity to take an alternative course of action to avoid
contravening this section; and
(ii)
does not include any situation in which the contravention is caused
in part by the consumption of alcohol or narcotics.
3.8
No person shall in any Public Place, or on private property while exposed to public
view:
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Page 4
(a)
be nude or clad in a manner which offends against public decency and
order;
(b)
engage in an indecent act, including masturbation; or
(c)
contravene any provision of the Criminal Code, R.S.C., 1985, c. C-46
concerning indecent acts, indecent exhibition, or public nudity.
3.9
No person may dress or undress in a Park or Public Place, except in a place
specifically provided for that purpose.
3.10
Except where otherwise directed by a Peace Officer, Bylaw Enforcement Officer,
or other person authorized by the City, no person shall enter or remain in a City
Parkade except:
(a)
the owner or driver of a vehicle for the purpose of parking that vehicle at,
or removing that vehicle from, the City Parkade, or for the purpose of
attending at that vehicle while it is parked at the City Parkade;
(b)
the passenger of a vehicle referred to in subsection (a), while that vehicle
is being parked at, remains parked at, or is being removed from the City
Parkade;
(c)
a Peace Officer or Bylaw Enforcement Officer while carrying out his or her
duties; or
(d)
an officer, employee, contractor, or agent of the City for the purpose of
inspecting, maintaining, administering, or constructing improvements
within a City Parkade.
3.11
No person shall place, leave, keep, store, distribute, or scatter, or cause or permit
to be placed, left, kept, stored, distributed, or scattered, any personal chattels or
belongings, including any tent, sleeping bag, backpack, suitcase, or shopping cart,
on or in any sidewalk, Highway, Park or other Public Place.
(a)
A Peace Officer or Bylaw Enforcement Officer may remove, detain,
impound, or cause the removal, detention, or impounding, of any object
unlawfully occupying the sidewalk, Highway, Park, or Public Place in
contravention of this Bylaw.
(b)
After the detention, removal, or impoundment of an object under this
section, a person entitled to the object may obtain its release by:
(i)
signing an undertaking that the person will not again place the
object on or in any sidewalk, Highway, Park, or other Public Place;
and
(ii)
paying the City the fees prescribed in Schedule "B".
(c)
The Director of Engineering must cause the detained object to be discarded
as garbage if the person entitled to the possession of the object does not
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Page 5
obtain the release of the object under subsection 3.11(b) within 30 days of
the date of detention.
3.12
No person shall consume liquor in any Park or other Public Place, unless within
the licensed area of an Event Site or Establishment.
3.13
No person may interfere with, hinder, or obstruct any Peace Officer or employee
of the City, including a Bylaw Enforcement Officer, in the exercise or performance
of his or her powers, duties, or functions.
3.14
Except in an area specifically designated for smoking, no person shall smoke in
any Park, City Parkade, on any property owned or leased by the City, or within 10m
of any Establishment, public transit exchange, transit shelter or transit stop
4.
Exemptions
Peace Officers, Bylaw Enforcement Officers, on-duty City employees and persons
authorized by the City who, through their actions, impede or obstruct the free movement
of persons or vehicular traffic on Highways or in Public Places, are excluded from the
prohibitions and penalties contained in this Bylaw.
5.
Enforcement
Bylaw Enforcement Officers and Peace Officers are hereby authorized to enforce this
Bylaw by means of a Municipal Ticket Information, or if authorized to do so, by means of
a Bylaw Offence Notice.
6.
Penalty
Every person who violates any of the provisions of this Bylaw, or who causes, suffers or
permits any act or thing to be done in contravention or in violation of any of the provisions
of this Bylaw, or who neglects or refrains from doing anything required to be done by any
of the provisions of this Bylaw, or who carries out or who suffers, causes or permits to be
carried out any development in a manner prohibited by or contrary to any of the provisions
of this Bylaw, or who fails to comply with any order, direction or notice given under this
Bylaw in addition to any other penalties provided for in this Bylaw, shall be liable on
summary conviction to a fine not exceeding Ten Thousand Dollars ($10,000.00); or, if an
information is laid by means of a Municipal Ticket Information or a Bylaw Offence Notice,
in accordance with the procedure set out in the Community Charter or the Local
Government Bylaw Notice Enforcement Act, a fine as stipulated in Schedule "A" of this
Bylaw.
7.
Jurisdiction
This Bylaw is applicable to and enforceable in the entire City.
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Page 6
8.
Severability
If any section or subsection of this Bylaw is found to be invalid by a court of competent
jurisdiction, the section or subsection may be severed from the Bylaw without affecting the
validity of the remainder of the Bylaw.
9.
Schedules
Council authorizes that Schedule 'A' and 'B' may be omitted and established by resolution
where the schedule can be more conveniently contained in a resolution.
10.
Repeal
"Public Nuisance Bylaw 2003 No. 5648" is hereby repealed.
PASSED FIRST READING: 2019-FEB-25
PASSED SECOND READING: 2019-FEB-25
PASSED THIRD READING: 2019-FEB-25
ADOPTED: 2019-MAR-04
L. E. KROG
MAYOR
S. GURRIE
CORPORATE OFFICER
Bylaw 7267
Page 7
SCHEDULE A
Fines for tickets issued pursuant to this Bylaw shall be as follows:
DESCRIPTION OF OFFENCE
SECTION #
AMOUNT OF FINE
Disturb peace, quiet and enjoyment of the community
3.1
$250.00
Impede or obstruct a person
3.2
$250.00
Impede or obstruct free movement of persons or vehicles
3.3
$250.00
Participate in fight or similar physical confrontation
3.4
$250.00
Deposit or throw bottles, broken glass or other rubbish
3.5
$250.00
Place graffiti on walls, fences or other surfaces
3.6
$500.00
Urinate, vomit, or defecate on Highway or in Public Place
3.7
$250.00
Engage in Nudity or Indecent Act
3.8
$250.00
Dress or Undress in Public Park, Swimming Pool, or
Beach
3.9
$250.00
Unlawfully Enter or Remain in a City Parkade
3.10
$250.00
Chattel Obstruction
3.11
$250.00
Unlawful Consumption of Liquor in Park or Public Place
3.12
$250.00
Obstruct City Employee, Bylaw Enforcement Officer, or
Peace Officer
3.13
$250.00
Smoke in any Park or Public Place
3.14
$150.00
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SCHEDULE B
Fees payable before the release of an impounded object pursuant to section 3.11(b)(ii) of this
Bylaw shall be as follows:
DATE OF RELEASE PAYMENT
FEE PAYABLE PER OBJECT
Within 7 Calendar Days of Date of Impound
$15
Within 14 Calendar Days of Date of Impound
$30
After 14 Calendar Days of Date of Impound
$45