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Snapshot 35a9741fd030 · verified 2026-10-18 ·
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unofficial consolidation, the official version is held by the municipal clerk.
"Debris" means fragments of organic material including but not limited to, soil, leaves, sawdust, sand, salt, paint flakes and any other materials identified by a Municipal Enforcement Officer or their designate, as falling into this category;
"Camping Unit" means equipment used for the purpose of outdoor accommodations and includes a tent, trailer, tent-trailer, recreational vehicle, camper-back and any watercraft equipped for overnight accommodation;
water or ice or both;
"Camp" means to have or occupy a camping unit on land or on land covered with
"Bodily Emission" Means to spit, vomit, urinate or defecate;
In this By-law:
## 1. Definitions:
## NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BLIND RIVER ENACTS AS FOLLOWS:
wherein inappropriate behavior is defined and prohibited;
defines camping and camping units; AND WHEREAS the Town of Blind River has enacted a Public Code of Conduct
on a highway; AND WHEREAS pursuant to the Ontario Regulation 326/94 of the Public Lands Act,
AND WHEREAS pursuant to section 184 (2) of the Highway Traffic Act RSO 1990 c H.8 prohibits defacing, or removing notices or obstructions including signs, traffic control devices, lights, notices, obstruction, barricades, detour sign, gantry or sign, post lawfully
WHEREAS section 128 (1) of Municipal Act, 2001, S.O. 2001. c. 25, as amended, provides that a local municipality may prohibit and regulate public nuisances, including those matters in the opinion of Council are or could become or cause public nuisances; AND WHEREAS section 128 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that the opinion of Council, if arrived in good faith, is not subject to review by any court; AND WHEREAS pursuant to section 122 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, a municipality may recover costs incurred by the municipality;
Being a By-law to prohibit or regulate public nuisances within the Town of Blind River.
BY-LAW NO. 21 - 50
THE CORPORATION OF THE TOWN OF BLIND RIVER
"Loitering" means the lingering or hanging about in a public place with no purposeful activity or obstructing or making difficult the passage of persons in a public place or failing to move on after having been requested to do so;
## intended for such use.
"Litter" includes throwing, scattering, dropping, placing or otherwise depositing garbage, rubbish, refuse or debris, except for in garbage or recycling container
explicit sexual activity;
- "Lewd" includes being nude, exposing genital organs or anal region or is engaged in
## when requested.
"Intoxicated" means under the influence of alcohol, drugs or any other intoxicating substance. The person must be unable to care for themselves, be dangerous to themselves or others, be causing a disturbance or refuse to leave or move along
- Town Event; g) In contravention of any Town policy, By-law, or Regulation.
- 1) Participating in any illegal activity while on Town Property or while attending a
- e) Throwing of objects in a deliberate or aggressive manner;
- d) Possession or mention of weapons;
- c) Harassment, bullying, or intimidating behaviour;
- violence; b) Vandalism or damage to Town Property;
- a) Violence, threatening the use of violence, or inciting or attempts to incite
"Inappropriate Behavior" includes but is not limited to:
"Illegal Activity" any activity that contravenes duly established federal, provincial or municipal legislation enforceable by Municipal Law Enforcement Officers;
"Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, viaduct or trestle, any part of which is intended for or used by the general public or passage of vehicles or persons, and includes the area between the lateral property lines thereof, including sidewalks and boulevards;
"Foreign Materials" means any matter whether in solid state that does not belong to the owner of the property on which it lays;
"Dump" shall have a corresponding meaning to "Dumping";
"Dumping" includes throwing, scattering, dropping, placing or otherwise depositing garbage, rubbish, yard waste, leaves or debris, except for in a garbage or recycling container intended for such use placed in an area for waste collection;
"Trespass Notice" notification of prohibition of access whether implicit or explicit according to section 5 (1) of the Trespass to Property Act, R.S.O. 1990, c. T. 21.
"Town Property" means all properties, facilities or objects currently or in the future owned or operated by the Town within the present and/or future corporate limits of the Town; and,
"Town" means the Corporation of the Town of Blind River
telecommunication services to the public;
"Public Utility" means a company that provides water, sewer, and electricity or
facility
"Public Place" includes a "Highway" and any place to which the public has access as of right or by invitation, express or implied, which may include "Public Property", and private property that is exposed to public view, but does not include a washroom
- "Public Property" means property owned by the "Town";
service;
"Police Officer" means an Officer of the Ontario Provincial Police, or a local police
organization, including a charitable organization;
- "Person" means an individual, firm, corporation, partnership, association or
to noxious odour emitted from cannabis products;
"Noxious Odour" means an odour that is likely to disturb and interfere with the reasonable enjoyment of a "Public Place" by any person, including but not limited
- having committed an offence that the other person did no commit, or to divert suspicion from themselves; g) Reports that an offence has been committed when it has not been committed.
- an offence; 1) Doing anything intended to cause some other person to be suspected of
- operations of property; e) Makes false statement that accuses some other person of having committed
- property; d) Obstructs, interrupts or interferes with any person in lawful use, enjoyment or
- c) Obstructs, interrupts or interferes with lawful use, enjoyment or operations of
- b) Renders property dangerous, useless, inoperative or ineffective;
- a) Destroy or damages property;
authorized to enforce this by-law:
"Mischief" means the act of one whom willfully or with the intent to mislead officers
- q) No person shall loiter in any public place.
- V. Vacant properties
- IV. Boat launches
- III. Beach front areas
- II. Trails(walking trails, snowmobile trails, ATV trails, or otherwise)
1. Parks
whether for recreational purposes or otherwise, without permission. This prohibition includes but is not limited to:
- at a public Town event; p) No person shall camp or engage in camping activities on Town Property
- or private property; o) No person shall demonstrate Inappropriate Behaviour in a public place or
- previously been cautioned or charged n) No person shall permit property or foreign materials to encroach on public
- been duly served, whether implicit or explicit, written or oral, to the subject thereby prohibiting access to the premises; m) No person shall permit the continuation of an offence for which they have
- permission of the property owner; 1) No person shall trespass on property for which a Trespass Notice has
- k) No person shall intentionally push, throw or dump any debris on private property, other than property owned by them; except, where they have
- gantry or sign post lawfully placed on a highway.
- private property by a person of authority in regards to that property; j) No person shall willfully deface, alter or remove notices, or obstructions
including any sign, traffic control device, light, barricade, detour sign,
- generally identified by a reasonable person as an objectionable odour, in a public place, except where permitted to do so by the Town; i) No person shall cross a municipally placed barrier or barrier placed on
- g) No person shall emit or cause to be emitted, an excessive amount of
- smoke, dust or airborne particulate matter in a public place, except where permitted to do so by the Town; h) No person shall emit or cause to be emitted a noxious odour that would be
- 1) No person shall commit an act of mischief in a public place;
- e) No person shall commit a lewd act in a public place;
- d) No person shall be intoxicated in a public place;
- by the Town; c) No person shall litter in a public place;
- b) No person shall dump on Public Property, except where permitted to do so
- a) No person shall have or cause a Bodily Emission in a Public Place;
## 2. PROHIBITIONS
contravenes any of the provisions of this by law shall be deemed to constitute a separate offence under this by-law.
- an offence and upon conviction is liable to a fine as provided for in the
- Provincial Offences Act, R.S.O. 1990 Chapter P.33, as amended. b) For the purposes of subsection 5. (a), each day on which a person
- a) Every person who contravenes any of the provisions of this by-law is guilty of
## 7. PENALTIES
services, EMS, and Canadian Armed Forces personnel.
- contractors, carrying out their duties on behalf of the Town; or, b) Emergency Service personnel including, Police services, Fire Department
- a) The Town and its employees, agents with authorization of the Town, or
This by-law shall not apply to:
## 6. EXEMPTION
themselves under section 5 (a) shall identify themselves to the officer; giving their correct name, date of birth, and address shall constitute sufficient identification. Failure to do so shall constitute obstruction of the officer as per section 4 (b) of this by-law
- b) Every person who is required by an officer to provide identification of
2. contravened any provision of this by-law may require that a person to provide identification of themselves.
- a) An officer who has reasonable grounds to believe that a person has
## 5. REQUEST FOR IDENTIFICATION
exercising a power or performing a duty under this By-law
- a) This By-law may be enforced by Municipal Law Enforcement Officers and
2. Police Officers b) No person shall hinder or obstruct, or attempt to hinder or obstruct any person
## 4. ENFORCEMENT
this by-law, as directed or required by this by-law, the Town may, do the matter or thing at the person's expense. The Town may recover the cost of doing the costs to the tax roll and collecting them in the same manner as municipal taxes.
If a person fails to do a matter or a thing, including comply with an order under matter or thing from the person required to do the matter or thing, by adding the
## 3. REMEDIAL ACTION
K. Scott
I, K. Scott, CAO/Clerk of the Corporation of the Town of Blind River, do hereby certify that the above is a true certified copy of By-Law No. 21-50 which was passed in Open Council on the 4th day of October, 2021.
CERTIFICATION BY THE CLERK:
This By-law shall be known as the "Nuisance By-Law". PASSED IN OPEN COUNCIL THIS 4** DAY OF OCTOBER, 2021.
## 9. SHORT TITLE
force in the Town, the provision that establishes the higher standard to protect the health, safety and welfare of Persons or the environmental well-being of the municipality shall prevail.
- of any federal or provincial legislation or any other by-law of the Town. c) Where a provision of this by-law conflicts with provisions of another by-law in
- of law to be illegal or ultra vires, such section, subsection, paragraph, part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such. b) Nothing in this by-law relieves any person from complying with any provision
- a) If any section, subsection, part or parts of this by-lay is declared by any court
## 8. SEVERABILITY and CONFLICT
By-Law #21-50 Nuisance By-Law Page 6 of 8
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magally Pagoe
Kathpa, Salt
CAO/Clerk
| $125.00 | 2. (9) | Loitering | 17 |
|-----------|----------------------------------------|----------------------------------------------------------------------------------|------|
| $205.00 | 2. (p) | Camp without permission | 16 |
| $125.00 | 2. (0) | Demonstrate inappropriate behavior | 15 |
| $125.00 | 2. (n) | Permit foreign material to encroach | 14 |
| $105.00 | 2. (m) | Continue prohibited offence | 13 |
| $125.00 | 2(1) | Trespass on property | 12 |
| $400.00 | 2. (k) | Push, throw, dump debris onto private property | 11 |
| $125.00 | 2.() | Deface or remove notice, sign or obstruction | 10 |
| $125.00 | 2. 1) | Cross placed barrier | |
| $125.00 | 2. (h) | Emit or cause to be emitted an objectionable odour | 8 |
| $125.00 | 2. (g) | Emit or cause to be emitted excessive smoke, dust or airborne particulate matter | |
| $305.00 | 2(1) | Commit mischief in public place | 6 |
| $125.00 | 2. (e) | Commit lewd act in public place | |
| $125.00 | 2. (d) | Intoxicated in a Public place | 4 |
| $400.00 | 2. (c) | Litter on Public Property | 3 |
| $400.00 | 2. (b) | Dump on Public Property | 2 |
| $205.00 | 2. (a) | Have or cause bodily emission | 1 |
| SET FINE | PROVISION CREATING OR DEFINING OFFENCE | SHORT FORM WORDING | ITEM |
SCHEDULE "A" NUISANCE BY-LAW NO. 21-50 PART 1 PROVINCIAL OFFENCES ACT SET FINES
Note: the general penalty provision for the offences listed above is Section 5.1 of By-law 21-50, a certified copy of which has been filed.
| $400.00 | 4. (a) | Hinder or obstruct enforcement | 18 |
|-----------|----------|----------------------------------|------|