This is the exact embedded text of the captured official document.
Snapshot 74b18759b73b · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law 2018-55
Being a By-law to Prohibit and Regulate Public Nuisances
WHEREAS subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
(the "Municipal Act"), provides that a municipal power shall be exercised by by-law;
and,
WHEREAS section 8 of the Municipal Act provides that the powers of a
municipality under this or any other Act shall be interpreted broadly so as to confer
broad authority on the municipality to enable it to govern its affairs as it considers
appropriate, and to enhance the municipality's ability to respond to municipal issues;
and,
WHEREAS section 9 of the Municipal Act 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 clause 11(2)6 of the Municipal Act provides that a lower tier
municipality may pass by-laws respecting health, safety and well-being of persons;
and,
WHEREAS section 128 of the Municipal Act provides that 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,
WHEREAS section 391 of the Municipal Act provides that a municipality may
impose fees or charges on persons for services or activities provided or done by or on
behalf of it; and,
WHEREAS subsection 398(1) of the Municipal Act provides that fees and charges
imposed by a municipality on a person constitute a debt of the person to the
municipality; and;
WHEREAS section 425 of the Municipal Act provides that a municipality may pass
by-laws providing that a person who contravenes any by-law of the municipality is
guilty of an offence; and,
WHEREAS subsection 429(1) of the Municipal Act provides that a municipality may
establish a system of fines for offences under a by-law of the municipality passed
under the Municipal Act; and,
WHEREAS section 434.1 of the Municipal Act provides that a municipality may
require a person to pay an administrative penalty if the municipality is satisfied that a
person has failed to comply with a by-law of the municipality passed under the
Municipal Act; and,
WHEREAS section 434.2(1) of the Municipal Act provides that an administrative
penalty imposed by a municipality on a person constitutes a debt of the person to the
municipality; and,
WHEREAS section 435 of the Municipal Act provides for conditions governing the
powers of entry of a municipality; and,
WHEREAS section 436 of the Municipal Act provides that a municipality has the
power to pass by-laws providing that the municipality may enter on land at any
By-law 2018-55
Page 2
reasonable time for the purpose of carrying out an inspection to determine
compliance with a by-law; and,
WHEREAS section 441.1 provides that upon the request of a municipality that has
entered into a transfer agreement under Part X of the Provincial Offences Act, the
treasurer of a local municipality may add any part of a fine for a commission of a
provincial offence that is in default under section 69 of the Provincial Offences Act
to the tax roll for any property in the local municipality for which all of the owners
are responsible for paying the fine and collect it in the same manner as municipal
taxes; and,
WHEREAS section 444 of the Municipal Act 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; and,
WHEREAS section 445 of the Municipal Act provides that a municipality may make
an order requiring the person who contravened the by-law or who caused or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred to do work to correct the contravention; and,
WHEREAS section 446 of the Municipal Act provides that where a municipality has
authority to direct or require a person to do a matter or thing, the municipality may
also provide that, in default of it being done by the person directed to or required to
do it, the matter or thing may be done at the person's expense, and further provides
that the costs of so doing may be added to the tax roll and collected in the same
manner as municipal taxes; and,
WHEREAS, in the opinion of Council, enforcement options beyond those available
in existing by-laws are necessary to address the negative impacts of public nuisance
on neighborhoods, including but not limited to, traffic congestion, noise, disorderly
conduct, illegal parking, and litter; and further,
NOW THEREFORE the Council of The Corporation of the City of Markham enacts
as follows:
1. DEFINITIONS
"Building" means any 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;
"City" means The Corporation of the City of Markham;
"Highway" includes a common and public highway, highway, avenue, parkway,
driveway, laneway, 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;
"Multiple Offence" means an offence in respect of two or more acts or omissions,
each of which separately constitutes an offence and is a contravention of the same
provision of the By-law;
"Municipality" means the land within the geographic limit of the City;
"Officer" means a person designated by the City for the enforcement of this By-law
and includes but is not limited to a Municipal Law Enforcement Officer employed by
the City, an Ontario Provincial Police Officer, a York Regional Police Officer, or
any other person authorized by the City to enforce or perform inspections pursuant to
this By-law;
By-law 2018-55
Page 3
"Order" includes Notice, Work Order, Order to Comply, and Order to Discontinue;
"Owner" means the registered owner of the Property, and includes but is not limited
to any owner in trust, a mortgagee in possession, a Person who is managing or
receiving the rent of the Property, a tenant, lessee or a person who is an occupier or
in control of the Property, and includes a firm, partnership, corporation, company,
association, or organization of any kind and its directors, officers and principal(s);
"Person" means an individual, association, organization, partnership, corporation,
and includes an Owner;
"Property" means a Building or part of a Building, and includes the lands and
premises appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, outbuildings, fences and fixtures thereon whether heretofore or hereafter
erected, and includes vacant Property;
"Public Nuisance" means any activity on Property within the Municipality which
results in any conduct that is likely to be unwanted or disturbing to persons, or that
may cause an unsafe environment, or affect the well-being of persons or the
enjoyment of Property, and includes any one or more of the following activities
which are deemed to be a Public Nuisance:
(a) disorderly conduct including spitting, screaming, yelling, shouting, or using
profane or abusive language or gestures;
(b) public drunkenness or public intoxication;
(c) the unlawful sale, furnishing, or distribution of alcoholic beverages or controlled
substances;
(d) carrying an open liquor container on any Property whereby a member or
members of the public are liable to be subject to behaviour that is likely to be
unwanted by or disturbing to persons;
(e) defacing, damaging, vandalizing or destruction of public or private property,
including graffiti;
(f) pedestrian traffic, vehicular traffic, or illegal parking that obstructs the free flow
of traffic or could cause public safety issues or interfere with the ability to
provide emergency services;
(g) unlawful open burning;
(h) discharging of fireworks except as authorized under City By-law No. 2012-158;
(i) public disturbances, including brawls, fights, or acts of violence against persons;
(j) public urination or defecation;
(k) throwing, leaving or depositing any refuse or litter on public or private property;
(l) sound or noise that is unreasonable or excessive, or that is likely to be unwanted
by or disturbing to persons, including but not limited to loud music;
(m) loitering that is likely to be unwanted by or disturbing to persons;
(n) any smoke that is excessive, or that is likely to be unwanted by or disturbing to
persons;
(o) a social gathering that is likely to be unwanted or disturbing to persons or results
in any one or more of the activities listed in this definition; and
(p) any other activity that is likely to be unwanted by or disturbing to persons.
"Work Order" means an order issued under this By-law to a Person who
contravened the By-law or who caused or permitted the contravention, or to the
Owner of the Property where the contravention occurred, requiring the Person or
Owner to do work to correct the contravention.
By-law 2018-55
Page 4
2.0
PROHIBITION AGAINST PUBLIC NUISANCE
2.1
No Person shall sponsor, conduct, continue, host, create, participate in, allow,
cause, or permit any activity that constitutes a Public Nuisance on any
Property.
2.2
No Person who, individually or jointly with others, is an Owner of any
Property, shall allow, cause or permit a Public Nuisance on said Property.
2.3
Nothing contained in this By-law shall be construed to prohibit any person
taking part in any lawful procession, demonstration, or gathering.
3.0
ORDER TO DISCONTINUE ACTIVITY
3.1
An Officer may issue an Order requiring:
(a)
any Person to discontinue the Public Nuisance;
(b)
any Person not residing on the Property to immediately leave the
Property where the Public Nuisance is occurring.
3.2
An Order under this section shall identify:
(a)
the location of the Property 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.
3.3
An Order under this section may be given orally or in writing, and if in
writing, may be served personally on the Person to whom it is directed or sent
by regular mail to the last known address of that Person. Service on a
corporation can also be effected by regular mail to the corporate mailing
address as shown on the Corporation Profile Report filed with the Ontario
Ministry of Government Services for a Provincial Corporation, or on a
Federal Corporate Search for a Federal Corporation, or on the assessment roll
records of the City. If the Order is delivered by regular mail to the last known
address of that Person, it shall be deemed to have been received on the third
day after it is mailed. An Affidavit of Service shall be admissible in evidence
in any proceeding as proof of service of mailing of the Order.
3.4
No Person shall fail to leave the Property after having been directed to leave
the Property by an Order made under this By-law.
4.0
POWERS OF ENTRY AND INSPECTION
4.1
Officers and persons acting under their direction may, at any reasonable time,
or at any time when a Public Nuisance is occurring or alleged to be occurring,
enter onto any Property to determine if the provisions of this By-law are
being complied with and may enter onto any Property to carry out any
remedial actions required to bring the Property into conformity with the By-
law.
4.2
Officers are authorized, for the purposes of inspection to determine
compliance with the By-law, to:
(a)
require any Person to produce for inspection all documents or things
relevant to the inspection. Officers may remove documents for the
purposes of making copies or extracts;
(b)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations, take tests, samples, audio recordings,
video recordings, or photographs necessary for the purposes of
inspection; and,
By-law 2018-55
Page 5
(c)
require information from any Person concerning a matter related to
the inspection.
5.0
WORK ORDERS
5.1
Where a Person contravenes this By-law, an Officer may issue a Work Order
to the Person of the Property where the contravention occurred, directing
them to do the work set out in the Work Order to correct the contravention.
The Person shall repair, remove or clean up all contraventions identified in
the Work Order within the time specified in the Work Order, failing which
the City may do so at the Person's expense and may enter upon the Property
at any reasonable time for such purpose.
5.2
Any costs incurred by the City pursuant to subsection 5.1 may be added to
the tax roll and collected in the same manner as property taxes.
5.3
A Work Order shall set out:
(a)
the reasonable particulars of the contravention adequate to identify the
contravention and the location of the Property on which the
contravention occurred; and
(b)
the work to be done and the date by which the work must be done.
5.4
A Work Order may be served personally on the Person to whom it is directed
or sent by regular mail to the last known address of that Person. Service on a
corporation can also be effected by regular mail to the corporate mailing
address as shown on the Corporation Profile Report filed with the Ministry of
Government Services for a Provincial Corporation, or on a Federal Corporate
Search for a Federal Corporation, or on the assessment roll records of the
City. If the Order is delivered by regular mail to the last known address of
that Person, it shall be deemed to have been received on the third day after it
is mailed. An Affidavit of Service shall be admissible in evidence in any
proceeding as proof of service of mailing of the Order.
6.0
FEES AND CHARGES FOR RECOVERY OF COSTS OF
ENFORCEMENT
6.1
The City may impose a fee or charge upon any Person creating, causing, or
permitting a Public Nuisance and/or against an Owner of a Property where
the Public Nuisance occurs, where the Owner has caused or permitted the
Public Nuisance.
6.2
The amount of said fee or charge shall be the amount of administrative costs,
costs of enforcement and all other costs incurred by the City in accordance
with City By-law 2012-137, as amended, in responding to and addressing the
Public Nuisance pursuant to this By-law.
6.3
Fees and charges imposed on a Person pursuant to this By-law constitute a
debt of the Person to the City.
6.4
Where all the Owners of the Property are responsible for paying fees and
charges pursuant to this By-law, the City may add such fees and charges to
the tax roll for the Property and collect them in the same manner as municipal
taxes.
By-law 2018-55
Page 6
7.0
ENFORCEMENT
7.1
The provisions of this By-law may be enforced by an Officer.
7.2
An Officer who has reasonable grounds to believe that a Person has
contravened any provision of this By-law may require that Person to provide
their identification to the Officer.
7.3
Every Person who is required by an Officer to provide identification under
section 7.2 shall identify themselves to the Officer. Giving their correct
name, date of birth, and address shall constitute sufficient identification.
Failure to provide sufficient identification shall constitute obstruction of the
Officer as set out in section 8.2 of this By-law.
8.0
OFFENCES
8.1
Any Person who contravenes or fails to comply with any provision of this
By-law, an Order, a Work Order, or any other Order issued pursuant this By-
law is guilty of an offence.
8.2
No Person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer who is exercising a power or performing a duty under this By-law.
8.3
No Person shall fail to comply with any condition or term of any Order,
Work Order, or any other Order issued under this By-law. If there is a
contravention of any provision of this by-law, and the contravention has not
been corrected, the contravention of the provision shall be deemed to be a
continuing offence for each day or part of a day that the contravention
remains uncorrected.
8.4
Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
9.0
REBUTTABLE PRESUMPTION
9.1
An Owner shall be presumed to have created, caused, allowed, permitted or
continued a Public Nuisance that has occurred on the Owner's Property,
which presumption may be rebutted by evidence to the contrary on a balance
of probabilities.
10.0
ADMINISTRATIVE PENALTIES
10.1
Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended, for a breach of any provision of this By-law, an Order, a
Work Order, or any other Order issued pursuant this By-law, an Officer may
issue an administrative penalty to the Person who has contravened this By-
law.
10.2
The Officer has the discretion to either proceed by way of an administrative
penalty or a charge laid under the Provincial Offences Act. If an
administrative penalty is issued to a Person for the breach, no charge shall be
laid against that same Person for the same breach.
10.3
The amount of the administrative penalty for a breach of a provision of this
By-law, a Work Order or Order issued under this by-law is fixed as set out in
By-Law No. 2016-84, A By-law to Implement an Administrative Monetary
Penalty System for Non-Parking Offences, as amended, or any successor by-
law.
By-law 2018-55
Page 7
10.4
A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in By-Law 2016-84, A By-law to Implement an
Administrative Monetary Penalty System for Non-Parking Offences, as
amended, or any successor by-law.
10.5
An administrative penalty imposed on a Person pursuant to this By-law that
is not paid within 15 days after the day it becomes due and payable,
constitutes a debt of the Person to the City and may be added to the tax roll
and collected in the same manner as municipal taxes.
11.0
PENALTIES
11.1
Every Person who is guilty of an offence under this By-law shall be subject
to the following penalties:
a)
Upon a first conviction, to a fine of not less than $500 and not more
than $50,000.
b)
Upon a second or subsequent conviction for the same offence, to a fine
of not less than $500 and not more than $100,000.
c)
Upon conviction for a continuing offence, to a fine of not less than $100
and not more than $10,000 for each day or part of a day that the offence
continues. The total of the daily fines may not exceed $100,000.
d)
Upon conviction for a Multiple Offence, for each offence included in
the Multiple Offence, to a fine of not less than $100 and not more than
$10,000. The total of all fines for each included offence is not limited to
$100,000.
11.2
Where a Person convicted of an offence is a corporation, the corporation is
liable to a fine not less than $500 and not more than $100,000.
12.0
COLLECTION OF UNPAID FINES
12.1
Where a fine is in default, the City may proceed with civil enforcement
against the Person upon whom the fine has been imposed, pursuant to the
Provincial Offences Act.
12.2
The City may make a request to the treasurer of a local municipality to add
any part of a fine that is in default to the tax roll for any property in the local
municipality for which all of the owners are responsible for paying the fine,
and collect it in the same manner as municipal taxes.
13.0
SEVERABILITY
13.1
If any provision or part of this By-law is declared by any court or tribunal of
competent jurisdiction to be illegal or inoperative, 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.
14.0
CONTINUATION, REPETITION PROHIBITED BY ORDER
14.1
The court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the Person convicted, and such
order shall be in addition to any other penalty imposed on the Person
convicted.
By-law 2018-55
Page 8
15.0
INTERPRETATION
15.1
The provisions of Part VI of the Legislation Act, 2006, S.O. 2006, c. 21,
Sched. F shall apply to this By-law.
16.0
SHORT TITLE OF BY-LAW
16.1
This By-law may be referred to as the "Public Nuisance By-law".
17.0
FORCE AND EFFECT
17.1
This By-law shall come into force and effect on the day it is passed.
Read a first, second and third time and passed this 29th day of May, 2018.
"Kimberley Kitteringham"
"Frank Scarpitti"
____________________________
__________________________
Kimberley Kitteringham
Frank Scarpitti
City Clerk
Mayor