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THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR
BY-LAW # 36-2017
BEING A BY-LAW TO REGULATE PUBLIC NUISANCES
WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a
municipality has the capacity, rights and powers and privileges of a natural person
for the purpose of exercising its authority and that it may do so by by-law; and
Section 128 of the said Municipal Act, provides that a local municipality may
prohibit and regulate with respect to public nuisance, including matters that in the
opinion of Council, are or could become or cause public nuisances;
AND WHEREAS it is the opinion of the Council of The Municipal Corporation of
the Township of Armour that certain actions outlined in this by-law do constitute a
public nuisance;
AND WHEREAS Section 425 of the Municipal Act, establishes that any person
who contravenes any by-law of the municipality is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act provides that a municipality may
establish a system of fines for offences under a by-law of the municipality;
NOW THEREFORE the Council of The Municipal Corporation of the Township of
Armour hereby enacts as follows:
SECTION 1 - DEFINITIONS
1.1
"Township" - means The Municipal Corporation of the Township of Armour;
1.2
"Bridge" - means a structure spanning and providing passage over water
and which forms part of a highway;
1.3
"Defecate" - means to discharge waste matter from the bowels;
1.4
"Fight" - means any confrontation involving violent physical contact between
two or more people;
1.5
"Graffiti" - means one or more letters, symbols, figures, images, etchings,
scratches, inscriptions, stains or other markings howsoever made or affixed
to a property that disfigure, deface or otherwise mar said property;
1.6
"Highway" - has the same meaning as in the Highway Traffic Act, R.S.O.
1990, c. H.8, as amended;
1.7
"Loiter" - means lingering on the way or travelling indolently with frequent
pauses without any apparent destination;
1.8
"Officer" - means a By-law Enforcement Officer or any person or persons
appointed by Council to administer and enforce the provisions of this by-law;
or means a police officer appointed by the Ontario Provincial Police or the
RCMP;
1.9
"Owner" - means the registered owner, occupant or tenant of a property, or
a person who, for the time being or permanently, is managing or receiving
the rent from a property, whether on his or her own account or on account
of an agent or trustee of any other person, or any one of the aforesaid or
any mortgagee in possession or control of such property;
1.10 "Property" - means a building or structure or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile
homes, mobile buildings, signs, mobile structures, outbuildings, railway
control boxes, traffic control boxes, fences and erections thereon whether
heretofore or hereafter erected, and includes vacant property;
AMENDED BY BY-LAW #24-2025
Page 2 of 4
1.11 "Public Place" - includes a highway, sidewalk, pedestrian walkway or trail,
property and any place to which the public have access as of right or by
invitation, expressed or implied and private property that is exposed to public
view but does not include a washroom facility;
1.12 "Spit" - means to eject phlegm, saliva, chewing tobacco juice, or any other
substance from the mouth;
1.13 "Urinate" - means to discharge urine from the body;
1.14 "Vomit" - means to eject matter from the stomach through the mouth.
SECTION 2 - PROHIBITIONS
2.1
No person shall urinate, defecate, vomit or spit in a public place.
2.2
No person shall knock over or attempt to knock over a Canada Post mailbox,
newspaper box, bench, fence, recycling box, organics bin, or garbage
container, or any other structure or object, located in a public place. This
section shall not apply to Township employees or persons under contract
with the Township, acting under the jurisdiction of the Township.
2.3
No person shall loiter in a public place whether signed or not.
2.4
No person shall participate or be a spectator in a fight in any public place.
2.5
No person shall jump, dive or leap off or from any bridge located within the
boundaries of the Township.
SECTION 3 - GRAFFITI PROHIBITIONS
3.1
No person shall mark or apply, or cause, or permit graffiti to be placed on
any property.
3.2
No person shall mark or apply graffiti on any public place.
3.3
Every owner shall maintain their property free of graffiti.
3.4
Every owner of a wall, fence or other structure or thing, on a highway or
other public place not included in the definition of property in Section 1.11,
shall maintain the wall, fence, or structure or thing free of graffiti.
3.5
When there is any violation of Section 3.3 or 3.4 of this By-law, a By-law
Enforcement Officer or a Police Officer may give written notice to the owner
requiring the owner to comply with Section 3.3 or 3.4 within the period
specified in the notice.
3.6
The notice given under Section 3.5 may be served personally on the person
to whom it is directed or by registered mail to the last known address of that
person, in which case it shall be deemed to have been given on the third
(3rd) day after it is mailed.
3.7
If there is evidence that the person in possession of the property is not the
registered property owner, the notice shall be served on both the registered
property owner and the person in possession of the property.
3.8
If the address of the owner is unknown, or the Township is unable to effect
service on the owner or occupant under Section 3.6, a placard stating the
terms of the notice and placed in a conspicuous place upon the land on or
near the property, structure or thing shall be deemed to be sufficient notice.
SECTION 4 - FAILURE TO COMPLY
4.1
If an owner fails to comply with a notice given under Section 3.5, the
Township's representative may enter upon the lands at any reasonable time
for the purposes of doing the things described in the notice.
4.2
Any person who fails to comply with a notice made under Section 3.5 is
guilty of an offence.
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4.3
All costs incurred by the Township for doing the work required to be
completed by the notice may be recovered by action or adding the costs to
the tax roll and collecting them in the same manner as taxes.
SECTION 5 - PENALTIES/OFFENCES
5.1
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine of not more than five thousand
dollars ($5,000.00) as prescribed in section 61 of the Provincial Offences
Act, R.S.0. 1990, c. P.33, as amended, and regulations thereto.
SECTION 6 - GENERAL
6.1
Each provision of this by-law is independent of all other provisions, and if
any provision is declared invalid for any reason by a Court of competent
jurisdiction, all other provisions of this by-law remain in force.
6.2
Nothing in this by-law relieves any person from complying with any provision
of a federal or provincial regulation or municipal by-law or any requirement
of a lawful permit, order or licence.
6.3
The provisions of this by-law may be enforced by a Police Officer or a By-
Law Enforcement Officer or other individual duly appointed for the purpose
of enforcing this by-law.
SECTION 7 - OBSTRUCTION
7.1
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By-law.
7.2
Any person who has been alleged to have contravened any of the provisions
of this By-law, shall identify themselves to the Officer upon request, failure
to do so shall be deemed to have obstructed or hindered the Officer in the
execution of his/her duties.
SECTION 8 - SHORT TITLE OF BY-LAW
8.1
This by-law may be referred to as the "Public Nuisance By-law".
SECTION 9 - FORCE AND EFFECT
9.1
This by-law comes into effect on the date of its passing.
Read in its entirety, approved, signed
and the seal of the Corporation
affixed thereto and finally passed in
open Council this 11th day of July,
2017.
Original signed by Bob MacPhail
REEVE
Original signed by Wendy Whitwell
CLERK-ADMINISTRATOR
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THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR
SCHEDULE A - BY-LAW #36-2017
Part I Provincial Offences Act
Item
Short form wording
Provision creating
or defining offence
Set Fine
1.
Urinate, defecate, vomit or spit in
a public place
Section 2.1
$200.00
2.
Knock over or attempt to knock
over a Canada Post mailbox,
newspaper box, bench, fence,
recycling box, organics bin or
garbage container, or any other
structure or object, located in a
public place
Section 2.2
$200.00
3.
Loiter in a public place
Section 2.3
$200.00
4.
Participate or be a spectator in a
fight in any public place
Section 2.4
$200.00
5.
Jump, dive or leap off any bridge
Section 2.5
$200.00
6.
Mark or apply, cause or permit
graffiti to be placed on any
property
Section 3.1
$350.00
7.
Mark or apply graffiti on any
public place
Section 3.2
$350.00
8.
Fail to comply with a notice
Section 4.2
$350.00
9.
Obstruct officer designated to
enforce this By-law
Section 7.1
$350.00
NOTE: The penalty provision for the offence listed above is section 5 of By-law
#36-2017, a certified copy of which has been filed and section 61 of the Provincial
Offences Act, R.S.O. 1990, c. P. 33.
Page 60 of 65
SCHEDULE "T"
To BY-LAW #24-2025
By-law No. 36-2017 being a By-law to regulate public nuisances within the
Township of Armour is hereby amended as follows:
1.
by adding the following definitions to section 1:
"AMPS By-law" shall mean the Administrative Monetary Penalties System
Respecting Non-Parking Violations By-law as amended or any successor
thereto;
"Penalty Notice" means a notice issued pursuant to the Town's AMPS By-
law;
2.
by adding the following new heading and sections after section 7 and
renumbering subsequent sections accordingly:
8. ADMINISTRATIVE PENALTIES
8.1
This By-law is a designated By-law under the Township's AMPS By-
Law.
8.2
An Officer who is satisfied that a person has contravened any
provision of this By-law, which includes without limitation any
requirement or condition of a licence, permit, order or direction, may
issue a Penalty Notice to the person for each contravention in the
amount set out in Column 3 of the following table for the applicable
contravention:
ADMINISTRATIVE MONETARY PENALTIES
BY-LAW # 36-2017
Public Nuisances By-law
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining
Offence
COLUMN 3
Administrative
Monetary
Penalty
1
Urinate, defecate, vomit or spit in a
public place
s. 2.1
$300.00
2
Knock over or attempt to knock over a
Canada Post mailbox, newspaper box,
bench, fence, recycling box, organics
bin or garbage container, or any other
structure or object, located in a public
place
s. 2.2
$300.00
3
Loiter in a public place
s. 2.3
$300.00
4
Participate or be a spectator in a fight
in any public place
s. 2.4
$300.00
5
Jump, dive or leap off any bridge
s. 2.5
$300.00
6
Mark or apply, cause or permit graffiti
to be placed on any property
s. 3.1
$300.00
7
Mark or apply graffiti on any public
place
s. 3.2
$300.00
8
Fail to comply with a notice
s. 4.2
$300.00
9
Obstruct officer designated to enforce
this By-law
s. 7.1
$300.00
8.3
Each person who has been issued a Penalty Notice shall, be liable to
pay the administrative penalty set out in the Penalty Notice to the
Page 61 of 65
Township within 15 days of the date of issuance after the completion
of service.
8.4
Where a Penalty Notice has been canceled under the Township's
AMPS By-law it shall not be considered a Penalty Notice for the
purposes of subsection 8.2 of this By-law.
8.5
If a person is issued a Penalty Notice, the person shall not be charged
with an offence or issued an additional Penalty Notice in respect of the
same contravention. For clarity, the person may be charged for a
different contravention of this By-law, a repetition of a contravention,
or in the case of a continuing contravention, a continuation of the
contravention after the date in the Penalty Notice. Likewise, a person
may be issued a Penalty Notice for a different contravention of this By-
law, a repetition of a contravention, or in the case of a continuing
contravention, a continuation of the contravention after the date(s) of
the offence set out in any charges or the contravention set out in the
Penalty Notices that have been issued.
8.6
Other than as set out in subsection 8.5 of this By-law, the issuing of a
Penalty Notice does not limit the Township's ability to initiate any other
proceeding or
seek any other remedy the Township
deems
appropriate to prevent the continuation
or repetition of the
contravention.