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Corporation of the City of Clarence-Rockland
By-law 2022-50
A by-law to provide to regulate public nuisances in the City of Clarence-
Rockland
Whereas section 8 of the Municipal Act, 2001 provides that the powers of a
Municipality under this or any other Act shall be interpreted broadly so as to
confer broad authority on municipalities to enable them to govern their
affairs as they consider appropriate, and to enhance their ability to respond
to municipal issues; and
Whereas section 9 of the Municipal Act, 2001 provides that a Municipality
has the capacity, rights, powers, and privileges of a natural person for the
purpose of exercising its authority under this or any other Act; and
Whereas section 11 (1) of the Municipal Act, 2001 provides that a lower-tier
municipality may pass by-laws respecting: Economic, social, and
environmental well-being of the municipality; Health, safety, and well-being
of persons; Protection of persons and property; Structures, including fences
and signs; and
Whereas section 128 of the Municipal Act, 2001 provides that, without
limiting sections 9 and 11, a local municipality may prohibit and regulate
with respect to public nuisances, including matters that, in the opinion of
Council, are or could become or cause public nuisances, and the opinion of
Council under this section, if arrived at in good faith, is not subject to review
by any court; and
Whereas, in the opinion of Council, nuisance parties, public urination and
defecation, knocking over objects on the Highway, unnecessary interference
with use and enjoyment of public places, and nuisance feeding of wildlife are
or could become or cause public nuisances; and
Whereas section 425 of the Municipal Act, 2001 establishes that any person
who contravenes any by-law of the municipality is guilty of an offence; and
Whereas section 435 of the Municipal Act, 2001 and By-law A-30 provide for
the exercise of powers of entry by municipal law enforcement officers and
police officers; and
Whereas section 444 of the Municipal Act, 2001 provides that a municipality
may make an order requiring a person who contravened a by-law or who
caused or permitted the contravention or the owner or occupier of the land
on which the contravention occurred to discontinue the contravening activity.
Now therefore the Council of The Corporation of the City of Clarence-
Rockland enacts as follows:
1.
Definitions
In this By-law,
1.1. Building means any permanent structure consisting of a roof
supported by walls or columns that is used or intended to be
used for the shelter, accommodation or enclosure of persons,
animals, goods, chattels, or equipment;
1.2. City means The Corporation of the City of Clarence-Rockland;
1.3. Dwelling means a Building containing one or more dwelling
units;
1.4. Feed and Feeding includes the regular or intermittent supply of
food;
1.5. Food means anything that can be consumed by an animal for
sustenance, but does not include:
a. composting materials kept in accordance with all applicable
laws, regulations, and by-laws;
b. landscaping materials or plants, trees, or shrubs (including
shrubs, berries on shrubs, trees, herbs, vegetables on
vegetable plants, fruit on trees);
1.6. Highway includes a common and public highway, highway,
avenue, parkway, driveway, square, place, bridge, viaduct or
trestle, any part of which is intended for or used by the general
public for the passage of vehicles or persons, and includes the
area between the lateral property lines thereof, including
sidewalks and boulevards, and Highways shall have a
corresponding meaning;
1.7. Manager means the City of Clarence-Rockland's Manager,
Municipal Law Enforcement or designate;
1.8. Officer means a Municipal Law Enforcement Officer or other
person appointed by or under the authority of a City by-law and
a police officer employed by the Ontario Provincial Police (OPP);
1.9. Municipality means the land within the geographic limit of the
City of Clarence-Rockland;
1.10. Nuisance Feeding of Wildlife means feeding or permitting the
feeding of wildlife, or leaving food that is accessible by wildlife,
which results in one or more of the following occurring so as to
constitute a public nuisance whether occurring on public or
private property:
a. excessive accumulation of food;
b. excessive accumulation of wildlife feces;
c. unreasonable interference with the normal use and enjoyment
of nearby premises;
d. excessive attraction of rodents (including mice or rats) or
predatory wildlife (including coyotes) to the premises;
1.11. Nuisance Party means a social gathering on Premises within the
Municipality and which, by reason of the conduct of the persons
in attendance, results in any one or more of the following
activities occurring so as to constitute a public nuisance whether
occurring on neighboring public or private property:
a. disorderly conduct;
b. public drunkenness or public intoxication;
c. the unlawful sale, furnishing, or distribution of alcoholic
beverages or controlled substances;
d. the deposit of refuse on public or private property;
e. damage to or destruction of public or private property;
f. pedestrian traffic, vehicular traffic, or illegal parking that
obstructs the free flow of traffic or could interfere with the
ability to provide emergency services;
g. unreasonable noise, including loud music or shouting;
h. unlawful open burning or fireworks;
i. public disturbances, including public brawls or public fights;
j. outdoor public urination or defecation;
k. use of or entry upon a roof not intended for such occupancy;
1.12. Premises means any public or private place in the Municipality,
including but not limited to Highways, parks, parking lots, yards
appurtenant to a Building or Dwelling or vacant lands, but does
not mean a Building or Dwelling.
1.13. Wildlife means an animal that belongs to a species that is wild by
nature.
2.
Public urination / public defecation
2.1. In Section 2 only, Public Place includes a Highway, public park,
parking lot or other lands to which the public has access as of
right or by invitation and includes private property that is
exposed to public view but does not include an enclosed
washroom facility.
2.2. No person shall urinate or defecate in a Public Place.
3.
Mailboxes etc. on highway
3.1. No person shall knock over or attempt to knock over a Canada
Post mailbox, Canada Post relay box, newspaper box, Blue Box,
or garbage container, lawfully located on a Highway. This
section shall not apply to City employees, or any person under
contract with the City, acting under the City's Waste
Management By-law.
4.
Nuisance parties
4.1. No person shall sponsor, conduct, continue, host, create, attend,
allow, cause, or permit a Nuisance Party.
4.2. No person who, individually or jointly with others, is an owner,
occupant, tenant, or who otherwise has rightful possession of or
possessory control of any Premises, shall allow, cause, or permit
a Nuisance Party on said Premises under their possession or
control.
4.3. Every person who sponsors, conducts, continues, hosts, creates,
or causes a Nuisance Party shall take all reasonable and lawful
actions to end a Nuisance Party.
4.4. Where anything required to be done in accordance with
subsection 4.3 is not done, the City may do such thing at the
expense of the person required to do it, and such expense may
be recovered by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes. For the
purposes of this subsection, the City may enter upon land at any
reasonable time.
4.5. In addition to any remedial costs incurred as per Section 4.4,
Administrative Monetary Penalties, other fees, or charges may
be imposed as per the current User fee By-law.
5. Unnecessary Interference with Use and Enjoyment of Public Place
5.1. In section 5 only, Public Place includes a Highway, public park,
or other lands to which the public has access as of right or by
invitation and includes private property that is exposed to public
view.
5.2. No person shall, in a Public Place, unnecessarily interfere with
another person's use and enjoyment of the Public Place by using
abusive or insulting language as a personal invective.
6.
Nuisance feeding of wildlife
6.1. No person shall engage in or permit Nuisance Feeding of Wildlife.
6.2. Subsection 6.1. shall not apply to:
a. land zoned for agricultural uses;
b. a person leaving food for an ear-tipped cap or a feral cat
colony for the purposes of a trap, neuter or spay and release
program approved by the City; and
c. a person leaving food as bait in a trap to capture wildlife if
they have the legal authority to do so.
6.3. Every person who engages in or permits Nuisance Feeding of
Wildlife shall immediately remove such food when directed to do
so by the City, and if the person fails to do so, the City may
enter upon the Premises at any reasonable time to remove the
food at the person's expense. The City may recover the costs
(plus interest) of removing the food from the person required to
do it, by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes. The
amount of costs including interest constitutes a lien on the land
upon the registration in the proper land registry office of the
notice of lien.
7.
Order to discontinue activity
7.1. Upon the order of the Manager, Municipal Law Enforcement or
their designate, a Nuisance Party shall cease and all persons not
residing on the Premises shall leave the Premises where it is
occurring.
7.2. An order under this section shall identify:
a. the location of the land on which the contravention occurred;
b. the reasonable particulars of the contravention of the By-
law; and
c. the date and time by which there must be compliance with
the order.
7.3. An order under this section may be given verbally or may be
served personally on the person to whom it is directed. If the
order is given by regular mail to the last known address of that
person, and if given by registered mail, it shall be deemed to
have been given on the third day after it is mailed. Service on a
corporation can be effected by registered mail to the corporate
mailing address.
7.4. No person shall fail to leave the Premises after having been
directed to leave the Premises by an order to discontinue activity
under this By-law.
8.
Close public highway
8.1. A Municipal Law Enforcement officer may temporarily close any
Highway or portion thereof to public travel under this By-law
where a Nuisance Party is occurring or a Nuisance Party is
planned to occur on or adjacent to the Highway, by placing a
notice on the Highway to be closed in accordance with the
Municipal Act, 2001.
8.2. Where a Highway or portion of a Highway has been closed under
this By-law, the common law right of passage by the public over
the Highway and the common law right of access to the Highway
by an owner of land abutting the Highway are restricted, as
directed by the Municipal Law Enforcement Officer.
8.3. No person shall use a Highway, or portion of a Highway that has
been closed under this By-law except with lawful authority or in
accordance with the direction of an Officer pursuant to this
section.
8.4. No person shall, without lawful authority, remove or deface any
barricade, device, detour sign or notice placed on a Highway
pursuant to this By-law.
9.
Enforcement
9.1. The provisions of this By-law shall be enforced by a Municipal
Law Enforcement Officer, or other individual duly appointed for
the purpose of enforcing this By-law.
9.2. Every Municipal Law Enforcement Officer may carry out an
inspection to determine if the provisions of this Bylaw are being
complied and shall have the right to enter lands pursuant to the
Municipal Act, 2001.
10.
Offence and penalties
10.1. Any person who contravenes any provision of this By-law shall
be liable to pay the City an Administrative Monetary Penalty,
upon issuance of a penalty notice in accordance with the City of
Clarence-Rockland Administrative Monetary Penalties System
(AMPS) By-law, as may be amended from time to time.
10.2. Any person who contravenes any provisions of this by-law is
guilty of an offence and upon conviction shall forfeit and pay a
penalty as provided for in the Provincial Offences Act, R.S.O.
1990, Chapter P.33 and amendments thereto;
10.3. Each day that a person contravenes with the provisions of this
By-law, may constitute a separate offence.
11. Severability
11.1. If any provision or part of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal, inoperative, or
ultra vires, in whole or in part, or inoperative in particular
circumstances, the balance of the By-law, or its application in
other circumstances, shall not be affected and shall continue to
be in full force and effect.
12. Order Prohibiting
12.1. When a person has been convicted of an offence under the
provisions of this By-law, any court of competent jurisdiction
thereafter may, in addition to any other penalty imposed on the
person convicted, issue an order prohibiting the continuation or
repetition of the offence or the doing of any act by person
convicted directed towards the continuation or repetition of the
offence.
13.
Short Title
13.1. This By-law may be referred to as the "Public Nuisance By-law".
14. Effective Date
14.1. This By-law shall come into force and effect on May 24, 2022.
Read, passed, and adopted in open council this 16th day of May 2022.
Mario Zanth, Mayor
Monique Ouellet, Clerk
Monique Ouellet
Signé avec ConsignO Cloud (18/05/2022)
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Mario Zanth
Signé avec ConsignO Cloud (19/05/2022)
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