This is the exact embedded text of the captured official document.
Snapshot f0ee3b198dc2 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of The Municipality of Northern Bruce Peninsula
By-Law No. 2026-11
Being A By-Law To Prohibit And Regulate Public Nuisance Within
The Municipality Of Northern Bruce Peninsula
WHEREAS Section 8(1) of the Municipal Act, 2001, R.S.O. 2001, c.25 as amended,
confers upon a municipality broad authority to enable the municipality to govern its
affairs as it considers appropriate and enhance the municipality's ability to respond to
municipal issues;
AND WHEREAS Section 9 of the Municipal Act, 2001, R.S.O. 2001, c.25 as amended,
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 10(1) of the Municipal Act, 2001, R.S.O. 2001, c.25 as
amended, provides that a municipality may provide any service or thing that the
municipality considers necessary or desirable for the public;
AND WHEREAS Section 127 of the Municipal Act, 2001, R.S.O 2001, c.25 provides
that Council may prohibit the depositing of refuse or debris on the land without the
consent of the owner or occupant of the land;
AND WHEREAS Section 128(1) of the Municipal Act, 2001 R.S.O. 2001, c.25 as
amended, without limiting Section 9, 10 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 WHEREAS Section 391 of the Municipal Act, 2001, R.S.O. 2001, c. 25, as
amended, provides that a municipality may pass by-laws imposing fees or charges on
any class of persons:
- for services or activities provided or done by or on behalf of it
- for costs payable by it for services or activities provided or done by or on behalf
of any other municipality or local board, and
- for the use of its property, including under its control
AND WHEREAS Section 398 of the Municipal Act, 2001, R.S.O. 2001, c. 25, as
amended, provides that fees and charges imposed by a municipality constitute a debt of
the person to the municipality and that the Treasurer may add amounts owing to the tax
roll.
NOW THEREFORE the Council of the Municipality of Northern Bruce Peninsula hereby
enacts as follows:
Section 1: Definitions
For the purpose of this by-law the following definitions apply:
"Beach" means an area adjacent to a body of water which may be covered with sand,
grass, stones and from time to time, water, which is used and identified as a
recreational amenity area and shall mean and include any parking areas, boardwalk
features and any structures.
"Bicycle" means and includes a quadricycle, tricycle, unicycle, skateboard, roller blades,
roller skates or scooter, powered by muscular power, and shall include any trailer or
attachment thereto.
"Camp" means a place with temporary accommodations of hut, tents, or other
structures, typically used by travelers.
"Cook" means prepare (food, a dish, or a meal) by combining and heating the
ingredients in various ways.
"Damage" means deface, alter and/or impair appearance, value, usefulness, soundness
or alter.
"Disorderly Conduct" means causing a public disturbance and, without limiting the
generality of the foregoing, includes yelling, screaming, shouting, singing, swearing,
blocking aisles, blocking exits or blocking entrances, all which are likely to disturb and
interfere with the reasonable enjoyment of someone else in a Public Place.
"Fight" means any confrontation involving physical contact between two or more people
and includes shoving, pushing and rough-housing.
"Flower" means the blossom of a plant, the part of a seed plant comprising the
reproductive organs and their envelopes if any, especially when such envelopes are
more or less conspicuous in form and color. A plant considered with reference to its
blossom
or
cultivated
for
its
floral
beauty.
"Foul or Fouling" means includes spitting, urinating, defecating, vomiting, excreting and
other discharge from a body.
"Foliage" means the leaves of a plant, collectively; leafage, leaves in general, the
representation of leaves, flowers, and branches in painting, architectural ornament, etc.
"Graffiti" means images or lettering scratched, scrawled, painted and/or any form of
marking on property that does not belong to the artist.
"Highway" means a common and public highway, street, 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 and includes the area between the lateral
property lines thereof.
"Littering" means throwing, dropping, placing, or otherwise depositing garbage, paper,
plastic, paper products, plastic products, cans, rubbish, metal, wood, brush, leaves,
compost, animal feces, animal/fish/bird carcasses or other debris.
"Loitering" mean the lingering, hanging about and sleeping in a Public Place without
permission from the Municipality, obstructing or making difficult the passage of persons
or vehicles in a Public Place, or failing to move on after having been requested to do so.
"Motorized Vehicle" means any automobile, motorcycle, snowmobile, motor assisted
bicycle or any other vehicle propelled or driven otherwise than by muscular power, but
does not include a motor assisted wheelchair.
"Object or Material" means, but is not limited to, decks, docks, boats, trailers, vehicles,
chairs, tables, flowers, flower beds, fieldstone, fences, rockery, snow bear bins or any
other item as determined by the Municipality.
"Officer" means a By-law Enforcement Officer appointed by Council to enforce the
provisions of this by-law.
"Municipality" means the Corporation of the Municipality of Northern Bruce Peninsula.
"Municipal Property" means any Municipal building, fixture, sign, street light and/or
equipment located thereon.
"Municipal Land" means any property under the control of the Municipality, whether
owned or leased, including road allowances, walkways or unopened roads.
"Nuisance" means any action or activity that is annoying, unpleasant, unwanted,
disturbing, obnoxious, racist, abusive, threatening, creates a disturbance, damages
property or impacts the safety of a person.
"Person" means any individual, corporation, partnership, company, association or party
and the heirs, executors, administrators, or other legal representative of such person, to
whom the context can apply according to law; shall include any group of person
comprising a society or other organization and shall include the plural wherein the
context requires.
"Plant" means any member of the kingdom, Plantae, comprising multicellular organisms
that typically produce their own food from inorganic matter by the process of
photosynthesis and that have more or less rigid cell walls containing cellulose, including
vascular plants, mosses, liverworts, and hornworts: some classification schemes may
include fungi, algae, bacteria, blue-green algae, and certain single-celled eukaryotes
that have plantlike qualities, as rigid cell walls or photosynthesis and including an herb
or other small vegetable growth, in contrast with a tree or a shrub, a seedling or a
growing slip, especially one ready for transplanting.
"Sidewalk" means that portion of a highway that is designed for the passage of persons
and shall include a trail or walkway which may or may not be included as a portion of a
highway.
"Solicit" means to ask for money, sell a product, give, or exchange an idea or opinion;
seek to obtain something from a person or give something to a person.
"Tree" means a perennial plant having a trunk, bole (trunk of a tree), or woody stem with
branches or any plant resembling a tree and being all of or part of and/or living or dead.
Section 2: Administration and Enforcement
a) No person(s) shall remove any trees, flowers, sand, topsoil, quarry stone,
fieldstone, foliage, and rockery from Municipal land without written authorization
from the Municipality.
b)
No person shall place, deposit, install, leave, or cause to be placed any object or
material on Municipal land without written authorization from the Municipality.
c) No person(s) shall throw, drop, place or otherwise deposit garbage, paper or
plastic products, cans, rubbish, or other debris on Municipal land.
d) No person(s) shall foul or permit the fouling on any Municipal land, such as
highway, roadway, sidewalk, and/or beach.
e) No person(s) shall block, interfere with or otherwise impede the passage of any
pedestrian on any sidewalk or other pedestrian-way or portion thereof unless
he/she is the owner or driver of an emergency vehicle as defined within the
Highway Traffic Act and/or a motorized vehicle engaged in works undertaken for
or on behalf of the Municipality, area municipalities, public utilities, and an
ambulance as defined within Section 61 of the Highway Traffic Act.
f)
No person(s) shall damage or cause to be damaged any Municipal land,
Municipal properties, or highway within the Municipality.
g) No person(s) shall camp, whether in a tent, camper, recreational vehicle, or any
similar device for overnight accommodations on any Municipal land unless
written permission has been granted by the Municipality.
h) Where signs have been posted, no person(s) shall cook, whether by campfire,
propane barbecue, propane stove, or any other cooking device, on any Municipal
land unless written permission has been granted by the Municipality.
i)
No person(s) shall damage or cause to be damaged any Municipal property,
such as a building, fixture, sign, street light, or equipment located thereon.
j)
No person(s) shall block, interfere with or otherwise impede the passage of any
Municipal land unless written permission has been granted by the Municipality.
k) No person(s) shall mark or apply graffiti on Municipal property.
l)
No person(s) shall be in or on any Municipal Land which has been closed or
deemed by the Municipality not to be occupied for any reason whatsoever.
m) No person(s) shall solicit in or on Municipal Land without the express permission
of the Municipality.
n) No person(s) shall use or cause to be used any utilities, including hydro outlets,
showers, telephone and internet connections, water, or sewage connections,
without the express permission of the Municipality.
o) Every person(s) shall ensure objects or materials near the roadway property line
must be clearly visible or set back a reasonable distance to avoid damage during
snow removal or maintenance activities.
Section 3: Penalties
1. Any person(s) who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine or penalty for each offence,
exclusive of costs and upon conviction is liable to a fine as set out in the
Provincial Offences Act, R.S.O. 1990, Chapter P. 33
2. No person(s) shall willfully obstruct, hinder or otherwise interfere with an Officer
in the performance of the Officer's duties, right, functions, powers, or authority
under this By-law.
3. Where an Officer has reasonable grounds to believe that an offence under this
By-law has been committed by a person(s), the Officer may require the name,
address, and proof of identity of that person(s) and the person(s) shall supply the
required information.
4. Any person causing damage to Municipal land, Municipal property or highway as
set out in Section 2(f) & 2(i) shall pay actual costs associated in the repair.
5. (1) Every person who contravenes or who causes or permits a contravention of
any provision of this By-law is guilty of an offence.
(2) Every director or officer of a corporation who knowingly concurs in the
contravention of any provision of this By-law by the corporation is guilty of an
offence.
6. (1) A person, other than a corporation, convicted of an offence under this by-law,
is liable, on a first conviction, to a fine of not more than $10,000 and, on any
subsequent conviction, to a fine of not more than $25,000.
(2) A corporation, convicted of an offence under this By-law, is liable, on a first
conviction, to a fine of not more than $50,000 and, on any subsequent
conviction, to a fine of not more than $100,000.
7. Where it is deemed appropriate by the Municipality and in addition to any other
fine or penalty, the following corrective actions may be implemented:
1) The person in violation will be removed from the Municipal Land but
permitted re-entry later in the same day.
2) The person in violation will be removed from the Municipal Lane but
permitted re-entry at some point in the future, generally not to exceed a
ban of more than one month.
3) The person in violation will be removed from the Municipal Land and not
permitted re-entry. A total ban will be dependent upon the nature of the
violation and may include legal remedies to support a total ban.
8. Any object or material placed on Municipal land without written authorization is
deemed to be unauthorized and shall be ordered removed by the Municipality. If
any person(s) fail to comply with a removal order within the time specified, the
Municipality may remove or hire someone to remove the item at the owner's
expense, and all associated costs may be recovered in accordance with
applicable municipal policies and by-laws.
9. If any objects or materials are damaged or cause damage to snow removal
equipment during snow removal or maintenance activities, the owner of the
objects or materials may be responsible for the damage to the equipment, and
the Municipality will not be responsible for the damage to the objects or
materials.
Section 4: Short Title
This bylaw shall be known as the "Public Nuisance By-law."
Section 5: Validity
If, for any reason, any section, clause or provision of this By-law is deemed by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as
a whole or any part thereof other than the part which was declared to be invalid.
Section 6: Repeal
That By-law 2020-108 is hereby repealed.
Section 7: Enactment
THAT this by-law shall come into force and take effect May 1, 2026.
Read a First, Second and a Third Time, Finally Passed This 26th Day of January 2026.
Original document signed by Mayor, Milt McIver, and Clerk, Alexandra Croce.
Part I Provincial Offences Act
The Corporation Of The Municipality Of Northern Bruce Peninsula
By-Law No. 2026-11: Public Nuisance By-Law
Item
Column 1
Short Form Wording
Column 2
Provision
creating or
defining Offence
Column 3
Set Fine
1
Remove trees, flowers, sand, topsoil, quarry
stone, fieldstone, foliage and rockery from
Municipal Lands no authorization
Section 2 (a)
$750.00
2
Place, deposit, install, leave, or cause to be
placed any object or material on Municipal
lands, no authorization
Section 2 (b)
$750.00
3
Throw, drop, place or otherwise deposit
garbage, paper, or plastic products, cans,
rubbish, or other debris on Municipal lands no
authorization
Section 2 (c)
$500.00
4
Foul or fouling on Municipal Lands no
authorization
Section 2 (d)
$500.00
5
Block or interfere with passage on any
sidewalk
Section 2(e)
$200.00
6
Camp on Municipal Land no authorization
Section 2 (g)
$600.00
7
Cook on Municipal Lands no authorization
Section 2 (h)
$300.00
8
Damage or cause to damage Municipal
Properties
Section 2 (i)
$750.00
9
Block, interfere with or otherwise impede the
passage of any Municipal Land
Section 2(j)
$600.00
10
Mark or apply graffiti on Municipal property
Section 2(k)
$750.00
11
Be in or on any Municipal Land which has
been closed or deemed by the Municipality
not to be occupied for any reason whatsoever
Section 2(l)
$750.00
12
Use or caused to be used any utilites
including hydro outlets, showers, telephone
and internet connections, water or sewage
connections without the express permission
of the Municipality
Section 2(n)
$600.00
13
Ensure objects or materials near the roadway
property line must be clearly visible or set
back a reasonable distance to avoid damage
during snow removal or maintenance
activities.
Section 2 (o)
$600.00
14
Obstruct or interfere with an Officer while
performing his/her duties
Section 3 (2)
$800.00
Note: The general penalty provisions for the offences indicated above are contained in
Section 3 (1) of By-law 2026-11, a certified copy which has been filed.
Part I Provincial Offences Act
The Corporation Of The Municipality Of Northern Bruce Peninsula
By-Law No. 2026-11: Public Nuisance By-Law
Item
Column 1
Short Form Wording
Column 2
Provision
creating or
defining Offence
Column 3
Set Fine
1
Remove trees, flowers, sand, topsoil, quarry
stone, fieldstone, foliage and rockery from
Municipal Lands no authorization
Section 2 (a)
2
Place, deposit, install, leave, or cause to be
placed any object or material on Municipal
lands, no authorization
Section 2 (b)
3
Throw, drop, place or otherwise deposit
garbage, paper, or plastic products, cans,
rubbish, or other debris on Municipal lands no
authorization
Section 2 (c)
4
Foul or fouling on Municipal Lands no
authorization
Section 2 (d)
5
Block or interfere with passage on any
sidewalk
Section 2(e)
6
Camp on Municipal Land no authorization
Section 2 (g)
7
Cook on Municipal Lands no authorization
Section 2 (h)
8
Damage or cause to damage Municipal
Properties
Section 2 (i)
9
Block, interfere with or otherwise impede the
passage of any Municipal Land
Section 2(j)
10
Mark or apply graffiti on Municipal property
Section 2(k)
11
Be in or on any Municipal Land which has
been closed or deemed by the Municipality
not to be occupied for any reason whatsoever
Section 2(l)
12
Use or caused to be used any utilites
including hydro outlets, showers, telephone
and internet connections, water or sewage
connections without the express permission
of the Municipality
Section 2(n)
13
Ensure objects or materials near the roadway
property line must be clearly visible or set
back a reasonable distance to avoid damage
during snow removal or maintenance
activities.
Section 2 (o)
14
Obstruct or interfere with an Officer while
performing his/her duties
Section 3 (2)
Note: The general penalty provisions for the offences indicated above are contained in
Section 3 (1) of By-law 2026-11, a certified copy which has been filed.