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unofficial consolidation, the official version is held by the municipal clerk.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an
official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or
altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
The Corporation of the City of Thorold
By-law No. 45-2017
A By-law to Prohibit and Regulate Public Nuisances within the City of Thorold
Whereas Section 5(3) of the Municipal Act, 2001, c. 25, as amended ("the Municipal Act,
2001") provides that a municipal power shall be exercised by by-law; 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 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 10 of the Municipal Act, 2001 provides that a 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 10, 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, and
knocking over objects on the Highway are or could become or cause public nuisances; and
Whereas at the Februray 13, 2017 Town & Gown Committee meeting the Niagara Regional
Police suggested enhancements be made to the Public Nuisance By-law; and
Whereas at the March 7, 2017 Thorold City Council meeting staff was directed to prepare a
by-law that includes "brewfing"
Whereas on April 4, 2017 Thorold City Council approved the recommendations of Report
CC2017-13 to expand the existing Public Nuisance By-law.
Now therefore, the Council of The Corporation of the City of Thorold enacts as follows:
1.
Definitions:
"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;
"Chief of Police" means the Chief of Police for the Niagara Regional Police Service, or
designate;
"City" means the Corporation of the City of Thorold;
"Disorderly Conduct" means a petty offense chiefly against public order and decency
that falls short of an indictable misdemeanor;
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an
official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or
altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
"Dwelling" means a building containing one or more dwelling units;
"Fight" means any confrontation involving violet, physical contact between two or
more people;
"Graffiti" means images or lettering, scratch scrall painted or any form of marking on
property that does not belong to the artist;
"Highway" includes a common and public 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 the corresponding meaning;
"Loiter" means lingering on the way, to travel indolently with frequent pauses without
apparent destination;
"Municipality" means the land within the geographic limits of the City of Thorold;
"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 neighbouring 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 and in accordance with
the City of Thorold Noise By-law;
(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
"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 a dwelling
or vacant lands, but does not mean a building or dwelling.
"Public Place" includes a highway, sidewalk, pedestrian walkway or trail, property and
any place to which the public have a right of access or by invitation, express or
implied and includes private property that is exposed to public view, but does not
include a washroom facility;
"Spit" means to eject phlegm, saliva, chewing tobacco, liquid or any other substance
from the mouth;
"Urinate" means to discharge urine from the body;
"Vomit" means to eject matter from the stomach through the mouth.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an
official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or
altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
2.
Public Urination/Public Defecation
2(1)
No person shall urinate, defecate, vomit or spit 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, fence, bench, blue box or garbage
container or other structure or object located in a Public Place. This section
shall not apply to City and Regional employees or any person under contract
with the City or the Regional Municipality of Niagara acting under the
jurisdiction of the City or Region.
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 control of any Premises, shall
allow, cause or permit a Nuisance Party on the Premises under their
possession or control.
5.
Prohibitions
5(1)
No person shall loiter in a Public Place.
5(2)
No person shall participate in a fight in any Public Place.
5(3)
No person shall mark or apply graffiti on any Public Place, including signs or
private property.
5(4)
No person shall leave, throw or deposit any bottles, glasses or materials on
public or private property.
5(5)
No owner, occupant or tenant of any premise serving alcohol, fitted with large
doors or garage type doors, shall cause, permit or allow the said doors to
remain open after 11:00 p.m.
5(6)
No person shall refuse to identify themselves when requested to do so by a
police officer.
6.
Order to Discontinue Activity
6(1)
Upon the order of the Chief of Police or his/her designate a Nuisance Party
shall cease and all persons not residing on the Premises shall leave
immediately.
6(2)
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.
7.
Close of Public Highway
7(1)
The Chief of Police, a Niagara Regional Police Officer or By-law Enforcement
Officer may temporarily close any Highway thereof to public travel under this
By-law where a Nuisance Party is occurring on or adjacent to the Highway by
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an
official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or
altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
placing a notice on the Highway to be closed in accordance with the Municipal
Act, 2001.
7(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 Chief of Police, a Niagara Regional
Police Officer or By-law Enforcement Officer.
7(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 the Chief of Police, or other officer pursuant to this section.
7(4)
No person shall, without lawful authority, remove or deface any barricade,
device, sign or notice placed on a Highway pursuant to this By-law.
8.
Enforcement and Inspection
8(1)
Every By-law Enforcement Officer and Niagara Regional Police Officer may
carry out an inspection to determine whether the provisions of this By-law are
being complied with and shall have the right to enter lands.
9.
Penalty
9(1)
Each person and/or corporation who contravenes a provision of this By-law
shall:
a) when given a Penalty Notice in in accordance with the City of Thorold's
Administrative Penalty By-law, be liable to pay to the City an Administrative
Penalty in the amount specified by the Administrative Penalty By-law, for each
day or part of a day on which the contravention continues; or
b) upon conviction be liable to fines as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended.
10.
Severability
10(1) If any provision or part of this By-law is declared by any court or tribunal of
competent jurisdiction to be illegal, in whole or in part, 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.
10(2) Nothing in this by-law relieves any person from complying with any provision of
a federal or provincial regulation or municipal by-law or any requirement of a
lawful permit, order or licence.
10(3) The provisions of this by-law may be enforced by a police officer or a municipal
by-law enforcement officer or other individual duly appointed for the purpose of
enforcing this by-law.
11.
Short Title of By-law
11(1) This by-law may be referred to as the "Public Nuisance By-law"
Section 9(1)
amended
through By-
law 148-2019.
The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an
official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or
altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
12.
This By-law shall come into force and effect on the day it is approved by the Ministry
of the Attorney General.
Read a first, second and third time and finally passed by Council this 4th day of April, 2017.
______________________________
A. T. (Ted) Luciani, Mayor
______________________________
Donna Delvecchio, City Clerk