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CITY OF QUINTE WEST
BY.LAW NO. 07.129
BEING A BY-LAW FOR THE PROHIBITION AND ABATEMENT OF CERTAIN
PUBLIC NUISANCES IN THE CITY OF QUINTE WEST.
WHEREAS Section 8 of the Municipal Act, .S.O. 2001, c. 25, provides that a
council may pass by-laws for governing their affairs as they consider appropriate;
AND WHEREAS Section 128 of the Municipal Act, S.O. 2001 , c.25, provides that
a municipality may prohibit and regulate public nuisances, including matters that, in the
opinion of council are or could become or cause public nuisances;
AND WHEREAS the Council of the Corporation of the City of Quinte West
deems it expedient to pass a by-law for this purpose;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL FOR THE CORPORATION
OF THE CITY OF QUINTE WEST AS FOLLOWS:
TITLE
This By-law shall be entitled the "Nuisances By-law"
DEFINITIONS
ln this By-law, the terms in the following lettered paragraphs shall have meanings
as indicated in this section. Words printed in capital letters are used as defined
in this section. Words printed in upper and lower case letters should be read in
the context of their ordinary, everyday meanings:
(a) To'SOLICIT' means to request, in person, immediate provision of money or
another thing of value, regardless of whether consideration is offered or
provided in return, using the spoken, written or printed word, a gesture or
other means.
(b) The .CITY' means The Corporation of the City of Quinte West and, where
the context so implies, members of its staff and council.
(c) "HIGHWAY" means a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, designed and intended for,
or used by, the general public for the passage of vehicles or PERSONS, ,
and includes any surface, grassed area, boulevard, ditch, curb, gutter, and
sidewalk within the lateral property lines of the HIGHWAY.
(d) "PERSON" includes an individual, sole proprietorship, partnership,
unincorporated associat¡on, trust, or a body corporate.
(e) A "PEDESTRIAN" is a PERSON on any part of a HIGHWAY who is on
foot, or a PERSON in a wheelchair, baby carriage, or any similar,
legally operated, ambulatory device.
3.
PROHIBITION AGAINST CERTAIN PUBLIC NUISANCES
(a) No PERSON shall SOLICIT, either from door to door, or on any HIGHWAY or in any other
public place.
(b) No PERSON shall on any HIGHWAY or in any public place solicit any other PERSON for
any commercial purpose, except as provided for in any other By-law passed by the CITY.
(c) No PERSON shall form part of a group of persons congregated on a HIGHWAY in such a
manner as to obstruct the free passage of PEDESTRIANS or vehicles.
(d) No PERSON shall on any HIGHWAY, or on any PEDESTRIAN walkways, or in any other
public place, crowd or jostle PEDESTRIANS or create discomfort, disturbance or
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confusion for PEDESTRIANS.
(e) No PERSON shall cause a disturbance on any HIGHWAY or on any other public place by
screaming, yelling, or using profane or abusive language in a manner which is audible to
passersby.
(Ð No PERSON shall conduct any activity which interferes with travel or other lawful use of a
HIGHWAY, a PEDESTRIAN walkway, or any other public place.
(g) No PERSON shall loiter on any HIGHWAY or in any other public place.
(h) No PERSON shall deface or damage any real or personal property which is owned
by the CITY.
EXCLUS¡ON
Sections 3(a) and 3(b) of this by-law shall not apply to
(a) the authorized solicitation of donations on behalf of registered
charities, or
(b) solicitation performed in accordance with a licence issued by the
City Clerk.
5.
PROSECUTION
Prosecution under this by-law with respect to these offences shall not
preclude any other legal actions required to recover damages required to
repair, replace or restore damaged real or personal property, as the case
may be.
6.
PENALTIES
Any person who contravenes any provision of this by-law is guilty of an offence
and upon conviction shall be liable to such fines and penalties as are prescribed
by the Provincial Offences Act, R.S.O. 1990, c.P.33 as amended.
7.
INTERPRETATION
All words and personal pronouns relating to words contained in this by-law shall
be read and construed with the number and gender of the person or persons
referred to in each case. Paragraph headings are inserted solely for ease of
reference.
8.
SEVERABILIry
lf any section, clause or provision of this By-law is for any reason declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity
of this By-law as a whole or any part thereof other than the section, clause or
provision so declared to be invalid and it is hereby declared to be the intention of
Council for the City that all remaining sections, clauses or provisions of this By-
law shall remain in fullforce and effect until repealed, notwithstanding that one or
more provisions thereof may have been declared invalid.
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9.
EFFEGTIVE DATE
This,By-law shall beoome effectlve upon the date of final passing thereof.
FIRST, SEC.oND AND THIRD TIME AND FINALLY
THIS IST DAY OF OCTOBER,åO0'7,
Olerk
Gary
SET FINE SCHEDULE
THE CORPORATION OF THE CITY OF QUINTE WEST
PART I, PROVINCIAL OFFENCES ACT
By-law #07- Being a ByJaw for the prohibition and abatement of certain
public nuisances ln the Gity of Quinte West.
Note: The penalty provision(s) for offences indicated above is contained in Section 6 of By-law 07- , a certified copy of which has
been filed.
F:\USER\PO\Quinte West General 03435\doc\Set Fine Schedule Nuisance Bl.doc
$200.00
3(h)
Damage City property
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$ 25.00
3(s)
Loitering
10
$ 25.00
3(f)
Conduct activity interferinq with lawful use of public place
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$ 25,00
3(f)
Conduct activity interferinq with lawful use of hishway
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$ 25.00
3(e)
Cause disturbance. vellinq or abus¡ve lanquaqe
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$ 25.00
3(d)
Create disturbance for pedestrians
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$ 25.00
3(c)
Obstruct highway
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$200.00
3(b)
Solicit for commercial purposes
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$100.00
3(a)
Solicit, in public place
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$r00.00
3(a)
Solicit, on highway
2
$r00.00
3(a)
Solicit, door to door
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GOLUMN 3
Set Fine
GOLUMN 2
Offence Creating
Provision
coLUilN r
Short Form Wording
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