Anti-Graffiti By-law 46-2009 (Consolidated)

Vaughan, Ontario · No. 46-2009 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 65df48ea8f5f · verified 2026-10-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

- 1 - THE CITY OF VAUGHAN BY-LAW ANTI-GRAFFITI (Consolidated Version - Enacted as By-law 46-2009) Last consolidated on April 4, 2025. 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 graffiti on public and private property and to require public and private property to be kept free of graffiti. WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, Section 9, provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on municipalities to (a) enable municipalities to govern their affairs, as they consider appropriate and, (b) enhance their ability to respond to municipal issues; 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 the opinion of Council of the Corporation of the City of Vaughan is that graffiti is a public nuisance; NOW THEREFORE the Council of The Corporation of the City of Vaughan enacts as follows. Table of Contents 1.0 Authority and Short Title ......................................................................................... 2 2.0 Applicability and Scope .......................................................................................... 2 3.0 Definitions and Interpretation ................................................................................. 2 - 2 - 4.0 Graffiti Prohibited .................................................................................................... 3 5.0 Notice to Comply ..................................................................................................... 3 6.0 Administrative Penalties ......................................................................................... 4 6.1 Fines .......................................................................................................................... 4 7.0 Failure to Comply; Removal by City; Costs ........................................................... 5 8.0 Severability .............................................................................................................. 5 8.1 Designated By-law ...................................................................................................... 5 9.0 Force and Effect ....................................................................................................... 5 1.0 Authority and Short Title (1) This By-law was approved by Item No. 6 of Report No. 5 of the Committee of the Whole and passed by City Council on March 23, 2009. [Added by subsection 1(a) of By-law 163-2019 on November 19, 2019.] (2) The By-law shall be known and referenced as the "Anti-Graffiti By-law." [Added by subsection 1(a) of By-law 163-2019 on November 19, 2019.] 2.0 Applicability and Scope (1) This By-law applies to all Property, including public lands, within the boundaries of the City of Vaughan. [Added by subsection 1(b) of By-law 163-2019 on November 19, 2019.] (2) This By-law does not apply to the Interior Space on a Property or to a thing located entirely within the Interior Space on a Property. [Added by subsection 1(b) of By-law 163-2019 on November 19, 2019.] 3.0 Definitions and Interpretation (1) In this By-law, unless the context otherwise requires, words imparting the singular number shall include the plural, and words imparting the masculine gender shall include the feminine and further, the converse of the foregoing also applies where the context requires. [Added by section 1.(b) of By-law 043-2025 on February 25, 2025] (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. [Added by section 1.(b) of By-law 043-2025 on February 25, 2025] - 3 - (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. [Added by section 1.(b) of By-law 043-2025 on February 25, 2025] (4) In this By-law: "Administrative Penalties By-law" refers to the City Administrative Penalties By-law 240-2024; [Added by section 1.(g) of By-law 043-2025 on February 25, 2025] "City" means the Corporation of the City of Vaughan, in the Regional Municipality of York; "Graffiti" means one or more letters, symbols, figures, etchings, scratches, inscriptions, stains howsoever made or otherwise affixed to a property that disfigure or deface a property; "Interior Space" includes an interior wall, ceiling, floor and any other partition that defines the interior space; "Municipal By-law Enforcement Officer" means a Person appointed as a Municipal By-law Enforcement Officer, pursuant to section 15 of the Police Services Act, R.S.O. 1990, c. P.15 or section 55 of the Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1, to enforce the provisions of this By-law; [Amended by section 1.(d) of By-law 043-2025 on February 25, 2025] "Owner" includes: (a) the person having the right, title, interest or equity in the land, or his or her agent authorized in writing; (b) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; (c) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property. "Property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property; "Public Lands" means lands owned by the City, and shall include but not be limited to the boulevard, any highway, lane, alley, square, place, viaduct or trestle, water way or bridge, park, woodland, greenbelt, storm water management facility, open space, municipal gold course or cemetery, and all parts thereof, including any surface, grassed area, boulevard, ditch, curb, gutter and sidewalk, but does not include property owned by the Regional, Provincial, Federal Government, a Crown Corporation, Hydro, Utility or Railway Company; - 4 - [Added by section 1(c) of By-law 163-2019 on November 19, 2019.] "Public Place" means a place to which the public has access, as of right or by invitation, expressed or implied. [Amended by section 1.(a) of By-law 043-2025 on February 25, 2025] 4.0 Graffiti Prohibited (1) No person shall place, or cause, or permit Graffiti to be placed on any Property (2) The Owner of a Property shall maintain the Property free of Graffiti. (3) The Owner of a wall, fence or other structure or thing, in a highway or other Public Place not included in the definition of Property in Part 3.0, shall maintain the wall, fence, or structure or thing free of Graffiti. 5.0 Notice to Comply (1) A Municipal By-law Enforcement Officer, or a police officer appointed by the York Regional Police Service, Ontario Provincial Police, or Royal Canadian Mounted Police who finds a contravention of this By-law may give written notice to the Owner of the Property, structure or thing, as described in section 4.0, requiring immediate compliance with this By-law and/or to do work to correct the contravention of this By-law within the time period specified in the notice. [Amended by section 1.(e) of By-law 043-2025 on February 25, 2025] (2) The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the3rd day after it is mailed. (3) If there is evidence that the person in possession of the Property is not the registered Property Owner, the notice shall be served on both the registered Property Owner and the person in possession of the Property. (4) If the address of the Owner is unknown, or the City is unable to effect service on the Owner or occupant under section 5.0(2), a placard stating the terms of the notice and placed in a conspicuous place upon the land on or near the Property, structure or thing shall be deemed to be sufficient notice to the Owner. 6.0 Administrative Penalties (1) Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, Chapter P.33 for a breach of any provisions of this By-law, a Municipal By-law Enforcement Officer, or a police officer appointed by the York Regional Police Service, Ontario Provincial Police, or Royal Canadian Mounted Police may issue an administrative penalty to the person who has contravened this By-law. [Amended by sections 1.(c), 1.(f) and 1.(i) of By-law 043-2025 on February 25, 2025] (2) If an administrative penalty is issued to a person under section 6.0(1), no charge shall be laid against that same person for the same breach. [Amended by section 1.(i) of By-law 043-2025 on February 25, 2025] - 5 - (3) The amount of the administrative penalty for a first breach under this By-law is $400. [Amended by section (1) of By-Law 203-2023 on September 26, 2023.] [Amended by section 1.(i) of By-law 043-2025 on February 25, 2025] (4) A person who is issued an administrative penalty shall be subject to the procedures provided for in the Administrative Penalties By-law. [Amended by sections 1.(c), 1.(i) and 1.(j) of By-law 043-2025 on February 25, 2025] (5) An administrative penalty imposed on a person that becomes a debt to the City under the Administrative Penalties By-law may be added to the municipal tax roll and collected in the same manner as municipal taxes. [Amended by sections 1.(c), 1.(i) and 1.(j) of By-law 043-2025 on February 25, 2025] (6) The amount of the administrative penalty for a second and any subsequent breach under this By-law is $800. [Amended by section (2) of By-Law 203- 2023 on September 26, 2023.] [Amended by section 1.(i) of By-law 043-2025 on February 25, 2025] 6.1 Fines (1) Every person who is convicted of an offence under this By-law or fails to comply with a notice to comply under this By-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P.33. (2) Every director or officer of a corporation who knowingly concurs in the contravention of a provision of this By-law or fails to comply with a notice to comply made under this By-law is guilty of an offence. (3) A person who is convicted of an offence is liable on first conviction to a fine of not less than $400 and not more than $20,000, and is liable on subsequent convictions to a fine of not less than $400 and not more than $50,000. (4) A corporation that is convicted of an offence is liable on first conviction to a fine of not less than $400 and not more than $50,000, and is liable on subsequent convictions to a fine of no less than $400 and not more than $100,000. (5) In addition to the fines in sections 6.1(3) and 6.1(4), a person convicted of a subsequent offence is liable to a fine not more than $1,000 for each day or part of the day on which the contravention has continued after the day on which the person was first convicted. [Amended by section (1) of By-Law 182-2023 on November 14, 2023.] 7.0 Failure to Comply; Removal by City; Costs (1) If an owner fails to comply with a notice given under Part 5.0 the City's representatives may enter upon the lands at any reasonable time for the purposes of doing the things described in the notice. (2) Costs incurred by the City in doing the work required to be done by the notice may be recovered by action or adding the costs to the tax roll and collecting them in the same manner as taxes. - 6 - 8.0 Severability (1) Where a court of competent jurisdiction declares any section of this By-law to be invalid, or to be not in force, or without effect, it is the intention of Council in enacting this By-law that the remainder of this By-law shall continue to be in force and applied and enforced in accordance with its terms to the fullest extent possible according to law. [Added by subsection 1(e) of By-law 163-2019 on November 19, 2019.] 8.1 Designated By-law (1) This is a designated by-law as per Schedule 1 of the Administrative Penalties By-law. [Amended by section 1.(k) of By-law 043-2025 on February 25, 2025] 9.0 Force and Effect (1) This By-law shall come into force and effect on the date enacted by Council. Enacted by City of Vaughan Council this 23rd day of March, 2009. Hon. Maurizio Bevilacqua, Mayor Todd Coles, City Clerk Authorized by Item No. 6 of Report No. 5 of the Committee of the Whole Adopted by Vaughan City Council on February 24, 2009. - 7 - AMENDMENT HISTORY ANTI-GRAFFITI BY-LAW DATE (YYYY/MM/DD) BY-LAW AUTHORITY CONSOLIDATED 2019 / 11 / 19 163-2019 Item 11, Report 24, Committee of the Whole  2023 / 11 / 14 182-2023 Item 6, Report 46, Committee of the Whole  2023 / 12 / 12 203-2023 Item 11, Report 52, Committee of the  Whole 2025 / 02 / 25 043-2025 Item 13, Report 1, Committee of the Whole 