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Safe Public Places Bylaw No. 2025-35
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The Corporation of the City of Penticton
Bylaw No. 2025-35
A bylaw to support a safe, secure and healthy community.
WHEREAS the purposes of a municipality include providing for good government of its community;
providing for services, laws and other matters for community benefit; providing for stewardship of the
public assets of its community, and fostering the economic, social and environmental well-being of its
community;
AND WHEREAS the Council of the City of Penticton wishes to promote well-being, quality of life, and
community safety for its residents and visitors;
AND WHEREAS the Community Charter authorizes Council to regulate, prohibit and impose requirements
in relation to: persons, property, things and activities that are in, on or near public places; nuisances, and
disturbances;
AND WHEREAS except as permitted by bylaw or another enactment, a person must not cause a nuisance
on, obstruct, foul or damage any part of a highway or other public place;
NOW THEREFORE BE IT RESOLVED that the Municipal Council of the City of Penticton, in open meeting
assembled, hereby ENACTS AS FOLLOWS:
Citation
1.
This bylaw may be cited for all purposes as the "Safe Public Places Bylaw No. 2025-35."
Severability
2.
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion must be severed and the remainder of this bylaw is deemed to have been adopted
without the severed section, subsection, paragraph, subparagraph, clause or phrase.
Definitions
3.
In this bylaw:
AUTOMATED BANK TELLER MACHINE means a device linked to a financial institution's account records
which is able to carry out transactions, including, but not limited to, account transfers, withdrawals, deposits,
balance inquiries, and mortgage and loan payments, but does not include a personal electronic device;
BUS STOP means a section of a street which is reserved for the loading and unloading of buses and
where parking and stopping of all other vehicles is prohibited;
BYLAW ENFORCEMENT OFFICER means every person employed by the City of Penticton for the purpose
of enforcement of the City's bylaws and includes members of the RCMP;
Safe Public Places Bylaw No. 2025-35
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CITY means the Corporation of the City of Penticton;
COUNCIL means the Council of the City of Penticton;
CONTROLLED SUBSTANCE means any controlled substance as defined or described in Schedules I, II or
Ill of the Controlled Drugs and Substances Act, 1996 chapter 19, as amended from time to time;
DISCRIMINATORY HARASSMENT means the use of any words or conduct directed at a person who is
present at a public place in relation to a person's indigenous identity, race, colour, ancestry, place of
origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation,
gender identity or expression, that could reasonably cause offence to, humiliate, demean or intimidate
that person, or otherwise detrimentally affect, obstruct or impede that person's use of the public
place, but does not include words or conduct protected by section 2(b) of the Canadian Charter of
Rights and Freedoms, Part 1 of the Constitution Act, 1982;
DISORDERLY CONDUCT means conduct which would cause a public disturbance or constitute a
public nuisance, and includes engaging in any activity or behaviour that could reasonably be expected
to obstruct or impede other members of the public from using a public place, or a portion of feature
of a public place, for its intended purpose;
DRUG PARAPHERNALIA means equipment, products or accessories intended or modified for
consuming a controlled substance;
FINANCIAL INSTITUTION includes a bank, credit union, cheque cashing business and trust company;
LOITER means to use or occupy a space other than for its intended purpose or to occupy a space such
that it is not usable by others;
PUBLIC PLACE means any real property or portions of real property owned or leased by the City to which the
public ordinarily has either express or implied access;
SOLICIT means to ask for money, donations, goods or other things of value whether by spoken, written
or printed word, or bodily gesture;
TEMPORARY OVERNIGHT SHELTER means a temporary overnight shelter permitted under Parks
Regulation Bylaw No. 2025-15, as may be amended from time to time, or such successor bylaw in
function;
VANDALIZE means to, without express authority, remove, destroy, damage, deface, render inoperable, or
otherwise alter the appearance, characteristics, or features of a thing.
Applicability
4.1
Subject to section 4.2, this bylaw applies to all public places in the City of Penticton.
Safe Public Places Bylaw No. 2025-35
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4.2
Section 7.1(g) of this bylaw does not apply to:
(a) supervised consumption or overdose prevention facilities operated by or on behalf of
Interior Health or BC Housing or personnel operating for or on behalf of Interior Health
or BC Housing; or
(b) Temporary overnight shelters.
Solicitation
5.1
No person may solicit in a manner that obstructs or impedes the safe and efficient movement of
pedestrian and vehicle traffic in, on, or through a public place, including where such solicitation
includes:
(a) to sit or lie on a street or sidewalk in a manner which obstructs or impedes the convenient
passage of any pedestrian or vehicular traffic while soliciting;
(b) to continue to solicit from, obstruct, or impede a pedestrian after that person has made
a negative initial response to the solicitation or has otherwise indicated a refusal; and
(c) to physically approach and solicit from a pedestrian as a member of a group of two or
more persons.
5.2
No person shall solicit in a public place within 5 metres of:
(a) an entrance to a financial institution;
(b) an automated teller machine;
(c) a bus stop;
(d) a daycare centre, schools, or seniors residences;
(e) 200 or 300 block Main Street Breezeways;
(f) an entrance to any public park or public trail; or
(g) an entrance to any building, or facility owned or operated by the City or that is located on
property owned or leased by the City.
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5.3
No person shall solicit in a public place within 1 metre of the entrance to a retail store, without
express permission from the retailer.
5.4
No person shall solicit from a driver or passenger of a motor vehicle in a manner which obstructs
or impedes the safe and efficient movement of any vehicular traffic on a street or otherwise
through a public place.
Obstruct or Impede the Use of a Public Place
6.1
While in or on a public place, a person must not obstruct or impede the use of such public
place, or any portion or feature of such public place by any other person, including where
such obstruction or impediment is the result of a person:
(a) other than in relation to a permitted temporary overnight shelter, remaining in or refusing
to leave a public place after it is closed to the public or when asked to leave by a Bylaw
Enforcement Officer or other City employee pursuant to a provision of a lawfully enacted
bylaw or statute;
(b) loitering in any washroom or change-room within a public place; or
(c) climbing a building, structure or improvement unless it is designed and intended or
provided for climbing.
6.2
While in or on a public place, a person must not obstruct or impede a bylaw enforcement
officer or any other employee of the City in the performance of their duties.
Safe Use of Public Places and Public Nuisances
7.1
While in or on a public place, a person must not:
(a) participate or engage in disorderly conduct;
(b) participate or engage in discriminatory harassment of another person present at the
public place;
(c) urinate or defecate other than in a facility designated for such purpose;
(d) carry on or permit an activity of a hazardous or unsafe nature which may cause injury,
harm or damage to a person or to a building, structure, or improvement;
(e) vandalize any building, structure, improvement, chattel, tree, or shrub that is either in a
public place or that is adjacent to a public place while that person is in a public place;
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(f) abandon or discard any items or personal property in a public place;
(g) consume or possess an open alcoholic beverage; unless that person complies with the
Liquor Control and Licensing Act, R.S.B.C., c. 267, has been issued a permit, or is in an
area designated by the City for the consumption of alcohol on the terms and conditions
under which such area is designated, including but limited to those areas designated
pursuant to Liquor Consumption (Okanagan Beach, Rotary Park, Okanagan Lake Park,
Marina Way Park, Marina Way Beach, Skaha Lake Park, and Sudbury Beach) Bylaw No.
2023-05, as may be amended from time to time, or such successor bylaw in function;
(h) display or use drug paraphernalia or a controlled substance, except in areas
designated as per section 4.2; or
(i) endanger life, safety, health, or property.
Offence, Penalties and Enforcement
8.1
Every person who:
(a) violates any provision of this bylaw, or causes or allows any of the provisions of this bylaw
to be violated;
(b) fails to comply with any of the provisions of this bylaw;
(c) neglects or refrains from doing anything required under this bylaw; or
(d) suffers or permits any act or thing to be done in contravention of any of the provisions of
this bylaw;
is deemed to have committed an infraction of, or an offence against, this bylaw and is liable on
summary conviction to the maximum penalties as specified in section 263(1)(b) of the Community
Charter.
8.2
For continuing offences, each day that such violation is caused, or allowed to continue,
constitutes a separate offence.
Repeal
9.1
"Safe Public Places Bylaw No. 2023-06" is hereby repealed upon the adoption of this Bylaw.
Safe Public Places Bylaw No. 2025-35
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READ A FIRST time this
4 day of
November, 2025
AMENDED and READ A SECOND time
this
19 day of
May, 2026
READ A THIRD time this
19 day of
May, 2026
ADOPTED this
9 day of
June, 2026
Julius Bloomfield, Mayor
Angie Collison, Corporate Officer