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1
THE CITY OF VAUGHAN
BY-LAW
NUISANCE
(Consolidated Version - Enacted as By-law 124-2024)
Last consolidated on August 6, 2024. City of Vaughan
by- laws are provided online for convenient public
reference. By- laws are consolidated on an ongoing
basis, but recent amendments may not be reflected
in the latest consolidated version. Check the
Amendment History to get a complete listing of all
pertinent regulations. For further information contact
the Office of the Director and Chief Licensing Officer.
A By-law to prohibit public Nuisances on Public Property and Public Places within
the City of Vaughan, and to repeal the current Nuisance By-law 195-2000.
WHEREAS section 128(1) the Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal Act")
states 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 City Council deems it advisable to have a by-law which addresses
Nuisance on Public Property and Public Places;
AND WHEREAS City Council deem it advisable to replace the City of Vaughan's
Nuisance By-law 195-2000, to update and further clarify what constitutes a nuisance;
AND WHEREAS it is the opinion of City Council that the actions described in this By-law
are or could become or cause public nuisances;
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 the
Person has failed to comply with a by-law of the municipality;
AND WHEREAS section 429(1) of the Municipal Act provides that a municipality may
establish a system of fines for a by-law passed under the Act;
AND WHEREAS section 436(1) of the Municipal Act provides that a municipality may
pass by-laws providing for the entry onto land at any reasonable time for the purpose of
carrying out an inspection to determine compliance with a by-law;
AND WHEREAS section 446 of the Municipal Act provides that a municipality may
proceed to do things at a Person's expense which that Person is otherwise required to do
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under a by-law but has failed to do and the costs incurred by a municipality may be
recovered by adding the cots to the tax roll and collecting them in the same manner as
taxes;
NOW THEREFORE the Council of The Corporation of the City of Vaughan enacts as
follows:
Table of Contents
1.0
Short Title ................................................................................................................ 2
2.0
Applicability and Scope ......................................................................................... 2
3.0
Definitions ............................................................................................................... 2
4.0
Prohibitions Against Public Nuisances ................................................................ 5
5.0
Orders and Enforcement ........................................................................................ 5
6.0
Fines ........................................................................................................................ 6
7.0
Administrative Monetary Penalties ....................................................................... 7
8.0
Cost Recovery ........................................................................................................ 8
9.0
Severability ............................................................................................................. 8
10.0
Conflict with Other By-laws ................................................................................... 8
11.0
Designated By-law .................................................................................................. 8
12.0
Repeal of Other By-laws ........................................................................................ 8
13.0
Transition ................................................................................................................ 8
14.0
Force and Effect ..................................................................................................... 8
1.0
Short Title
(1)
This by-law shall be known and referenced as the "Nuisance By-law".
2.0
Applicability and Scope
(1)
This by-law applies to all Public Property and Public Places in the City of
Vaughan.
3.0
Definitions
(1)
In this By-law, unless the context otherwise requires, words imparting the
singular number shall include the plural, and words imparting the masculine
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gender shall include the feminine and further, the converse of the foregoing also
applies where the context requires.
(2)
Wherever a word is used in this By-law with its first letter capitalized and the
whole word italicized, the term is being used as it is defined in 3.0(4) of this By-
law. Where any word appears in ordinary case, the commonly applied English
language meaning is intended.
(3)
Any reference to a statute, regulation, by-law or other legislation shall include
such statute, regulation, by-law or legislation as amended, re-enacted, replaced,
or superseded.
(4)
For the purposes of this by-law:
"Administrative Monetary Penalties By-law" refers to the Administrative Monetary
Penalties By-law 063-2019;
"Aggressive Manner" means a manner that is likely to cause a reasonable Person to be
concerned for his or her safety or security;
"City" means the Corporation of the City of Vaughan;
"Community Safety and Policing Act" refers to the Community Safety and Policing Act,
2019, S.O. 2019, c. 1, Sched. 1;
"Designated By-law" has the same meaning as in the Administrative Monetary Penalties
By-law;
"Enforcement Officer" means a Person appointed by the Council of the City as a
Municipal Law Enforcement Officer, pursuant to section 15 of the Police Services
Act or section 55 of the Community Safety and Policing Act, to enforce the provisions of
this By-law, or a sworn member of York Regional Police, Ontario Provincial Police, or
the Royal Canadian Mounted Police;
"Highway" includes 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;
"Loitering" means the lingering or hanging around with no purposeful activity or
obstructing or making difficult the passage of Persons;
"Municipal Act" refers to Municipal Act, 2001, S.O. 2001;
"Nuisance" means activities which disturb or are likely to disturb Persons, and includes
4
any one or more of the following activities:
(a)
soliciting in an Aggressive Manner;
(b)
threatening the Person solicited with physical harm, by word, gesture or
other means, during the solicitation or after the Person solicited responds
or fails to respond to the solicitation;
(c)
while on a Roadway soliciting a Person who is in or on a stopped,
standing or parked vehicle;
(d)
disposing of any of the following things outdoors:
(i)
a used condom;
(ii)
a new or used hypodermic needle or syringe;
(iii)
broken glass;
(e)
shouting, screaming, or making unusual noises;
(f)
ringing of bells, sounding of horns, blowing of whistles, squealing of tires,
revving of engines;
(g)
the playing of music or any other noise that disturbs or is likely to disturb
the occupants of a dwelling;
(j)
spitting, urinating or defecating somewhere other than a washroom facility;
(k)
obstructing the passage of pedestrians thereby rendering passage
impassable or difficult;
(l)
the creation of discomfort, disturbance or confusion for members of the
public, pedestrians, the occupants of a dwelling, or to passing motorists;
(m)
Loitering after being ordered to move by an Enforcement Officer;
(n)
Loitering, remaining in or refusing to leave a Public Place or Public
Property after it is closed;
(o)
the use of offensive language or gestures;
(p)
the harassment or the intimidation of another Person or Persons;
(q)
willfully causing damage to Public Property;
(r)
the use of Public Property or Public Place for something other than their
lawful intended use unless otherwise permitted by the City;
(s)
soliciting for illegal activities; or
(t)
the carrying of open liquor;
"Order" means a written notice issued by an Enforcement Officer directing a Person to
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take some action in compliance with a City by-law;
"Person" includes an individual, firm, corporations, association, partnership, trust,
unincorporated organization or the heirs, executors, administrators or other legal
representatives of a Person;
"Police Services Act" refers to the Police Services Act, R.S.O. 1990, c. P.15;
"Property" means any building or structure or part of a building or structure, including
the lands and premises appurtenant thereto, and all mobile homes, mobile buildings,
mobile structures, outbuildings, fences and fixtures thereon, and includes vacant
Property;
"Private Property" means Property that is not Public Property;
"Provincial Offences Act" refers to the Provincial Offences Act, R.S.O. 1990, c. P.33;
"Public Place" includes a Highway and any place to which the public has access as of
right or by invitation, express or implied, which may include Public Property, or Private
Property;
"Public Property" means Property owned by the City;
"Public Transit" means a transit service operated by, for or on behalf of the Government
of Ontario, a municipality in Ontario or a transit commission or authority in Ontario, as
part of a regular passenger transportation service;
"Roadway" means the part of the Highway that is improved, designed or ordinarily used
for vehicular traffic, but does not include the shoulder;
"Treasurer" means the Chief Financial Officer and Treasurer for the City of Vaughan, or
his or her designate, or his or her successor;
"Vehicle" includes automobile, motorcycle, van, truck, trailer, bus, mobile home, traction
engine, farm tractor, road-building machine, bicycle, motor-assisted bicycle, motorized
snow Vehicle, streetcar and any other Vehicle drawn, propelled or driven by any kind of
power, including muscular power;
4.0
Prohibitions Against Public Nuisances
(1)
No Person shall cause, create, permit, or participate in a Nuisance on Public
Property or in a Public Place.
5.0
Orders and Enforcement
(1)
Any Person who contravenes any provisions of this by-law or fails to comply with
an Order issued under this by-law is guilty of an offence.
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(2)
An Enforcement Officer may enter a Property at any reasonable time for the
purpose of carrying out an inspection to determine whether the provisions of this
by-law, or an Order issued under this by-law, are being complied with.
(3)
When entering a Property under this by-law, the Enforcement Officer exercising
the power of entry:
(a)
shall provide identification to any Person requesting identification during
the inspection;
(b)
may be accompanied by a Person or Persons under their direction; and
(c)
shall not enter or remain in any room or place actually used as a dwelling,
unless at least one of the conditions set out in section 437 of the Municipal
Act is met.
(4)
An Enforcement Officer who finds a contravention of this by-law may give a
written Order to the Person contravening this by-law requiring compliance with
this by-law and/or to do the work to correct the contravention of this by-law within
the time period specified in the Order.
(5)
The Order in 5.0(4) may be served personally on the Person to whom it is
directed or sent by registered mail to the last known address of that Person, in
which case it shall be deemed to have been given on the fifth day after it is
mailed.
(6)
No Person shall hinder or obstruct or attempt to hinder or obstruct Enforcement
Officers from carrying out any powers or duties under this by-law.
6.0
Fines
(1)
Every Person who contravenes any provision of this bylaw is guilty of an offence
and upon conviction is liable to a fine as provided for by the Provincial Offences
Act.
(2)
Pursuant to Section 429 of the Municipal Act, every Person who is guilty of an
offence under this by-law shall be subject to the following fines:
(a)
a minimum fine not exceeding $500 and a maximum fine not exceeding
$100,000;
(b)
in the case of a continuing offence, for each day or part of a day that the
offence continues, a minimum fine not exceeding $500 and a maximum
fine not exceeding $10,000, however, the total of all of the daily fines for
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the offence is not limited to $100,000; and
(c)
in the case of a multiple offence, for each offence included in the multiple
offence, a minimum fine not exceeding $500 and a maximum fine not
exceeding $10,000, however, the total of all fines for each included
offence is not limited to $100,000.
(3)
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.
(4)
If an Order has been issued under this by-law, and the Order has not been
complied with, the contravention of the Order, shall be deemed to be a continuing
offence for each day or part of a day that the Order is not complied with.
7.0
Administrative Monetary Penalties
(1)
Instead of laying a charge under the Provincial Offences Act for a contravention
of this by-law or an Order issued under this by-law, an Enforcement Officer may
issue an administrative monetary penalty to the Person who has contravened this
by-law or an Order issued under this by-law.
(2)
If a Person is required to pay an administrative monetary penalty under
subsection 7.0(1) in respect of a contravention of this by-law or an Order, the
Person shall not be charged with an offence in respect of the same
contravention.
(3)
The amount of the administrative monetary penalty for a contravention of a
provision of this by-law or an Order is $450.
(4)
A Person who is issued an administrative monetary penalty shall be subject to
the procedures provided for in the Administrative Monetary Penalties By-law.
(5)
If an Order has been issued under this by-law and the Order has not been
complied with, the contravention of that Order shall be deemed to be a continuing
offence for each day or part of a day that the Order is not complied with, that the
Person may be subject to an additional administrative monetary penalty of $450.
(6)
An administrative penalty imposed by the City under this by-law constitutes a
debt of the Person to the municipality and if not paid by the Person, the
Treasurer may add the administrative penalty to the tax roll and collect it in the
8
same manner as municipal taxes.
8.0
Cost Recovery
(1)
If a Person fails to comply with an Order, the City may do the work described in
the Order and the costs incurred by the City in doing the work required in the
Order may be recovered by action or by adding the costs to the tax roll and
collecting them in the same manner as taxes.
9.0
Severability
(1)
If any provision of this By-law or the application thereof to any person or
circumstance is held to be invalid by a court of competent jurisdiction, the
invalidity does not affect other provisions or applications of the By-law which can
be given effect without the invalid provision or application, and to this end the
provisions of this By-law are severable.
10.0
Conflict with Other By-laws
(1)
Where any provision of this by-law is in conflict with a provision of any other City
by-law, the more restrictive provision shall prevail.
11.0
Designated By-law
(1)
Schedule 1 of the Administrative Monetary Penalties By-law, as amended, is
hereby amended by including this by-law as a Designated By-law.
12.0
Repeal of Other By-laws
(1)
This By-law repeals the Nuisance By-law 195-2000.
13.0
Transition
(1)
Notwithstanding the repeal of by-law 195-2000, that by-law shall continue to
apply to any acts, omissions, or occurrences, and to any offences that took place
prior to this by-law coming into effect.
14.0
Force and Effect
(1)
This By-law shall come into force and effect upon its effective date.
Voted in favour by City of Vaughan Council this 25th day of June, 2024.
Steven Del Duca, Mayor
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Todd Coles, City Clerk
Authorized by Item No. 20 of Report No. 25 of the Committee of the Whole.
Report adopted by Vaughan City Council on June 25, 2024.
City Council voted in favour of this by-law on June 25, 2024.
Approved by Mayoral Decision MDC 008-2024 dated June 25, 2024.
Effective Date of By-Law: June 25, 2024
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AMENDMENT HISTORY
NUISANCE BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED