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THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW NO. 2024-46
A By-law to prohibit and regulate nuisances in the Town of Wasaga Beach
WHEREAS Section 128.1 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended,
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 Sections 425 and 429 of the Municipal Act, 2001, S.O. 2001 c.
25, as amended, authorizes a Municipality to create offences and establish fines for
offences under by laws;
AND WHEREAS Section 434.1(1) of the Municipal Act, 2001, S.O. 2001 c. 25,
enables a municipality to require a person, subject to such conditions as the
municipality considers appropriate, to pay an administrative penalty if the
municipality is satisfied that the person has failed to comply with a by-law of the
municipality passed under this Act;
AND WHEREAS Council has deemed that certain routine administrative and
legislative powers are minor in nature, and the delegation of these powers would
contribute to the efficient management of the Town while still adhering to the
principles of accountability and transparency;
AND WHEREAS the Town has passed an Administrative Monetary Penalties
System By-law;
NOW THEREFORE COUNCIL OF THE CORPORATION OF THE TOWN OF
WASAGA BEACH ENACTS AS FOLLOWS:
1.0
SHORT TITLE
This By-law may be cited as the "Nuisance By-law"
2.0
DEFINITIONS
"AMPS By-law" means the Town's Administrative Monetary Penalties By-
law, as may be amended from time to time;
"Council" means the Council of the Town of Wasaga Beach;
"Director" means the General Manager - Development Services, or his/her
designate or successor;
"Disorderly Conduct" is as attached as Schedule "B" to this By-law.
"Graffiti" means images or lettering scratched, scrawled, painted or any form
of marking on property that does not belong to the artist;
"Loiter" means lingering on the way, to travel indolently with frequent pauses
without any apparent destination;
"Motorized Conveyance" means a conveyance propelled or driven
otherwise than by muscular, gravitational or wind power;
"Negligent Behaviour" is as attached as Schedule "A" to this By-law
"Nuisance" shall mean an activity that causes an unsafe environment,
affects the well being of persons or the enjoyment of a place, and as set out
in Schedules "A" and "B" of this by-law.
By-law 2024-46
Page 2 of 5
"Occupier" includes:
a) a person who is in physical possession of premises; or
b) a person who has responsibility for and control over the condition of
premises or the activities there carried on, or control over persons
allowed to enter the premises;
"Officer'' means a Municipal Law Enforcement Officer appointed by the Town
as a Municipal Law Enforcement Officer pursuant to the Community Safety
and Policing Act, 2019, S.O. 2019, c. 1, as amended or an Ontario Provincial
Police Officer;
"Public Place" means land owned or operated by the Town, and without
limiting the generality of the foregoing, includes a highway, sidewalk, trail,
pedestrian-way, park, boulevard and public square owned or operated by
the Town, and includes any buildings, structures and equipment located
thereon, intended for or used by the general public;
"Town" means the Corporation of the Town of Wasaga Beach and/or the
geographical limits of the Town of Wasaga Beach, depending on the context
of the provision in which the term appears.
3.0
GENERAL
3.1
No person shall engage in a manner that would constitute Negligent
Behaviour as outlined in Schedule A, which is attached to and forms part of
this by-law.
3.2
No person shall engage in a manner that would constitute Disorderly Conduct
as outlined in Schedule B, which is attached to and forms part of this by-law.
4.0 ENFORCEMENT
4.1
The provisions of this By-law shall be enforced by a Municipal Law
Enforcement Officer or anyone else appointed to do so.
4.2
An Officer who has reasonable grounds to believe that a person has
contravened any provision of this By-law may require that person to provide
identification of themselves; and
4.3
Every person who is required by an Officer to provide identification under
Section 5.2 shall identify themselves to the Officer. Giving their correct name,
date of birth and address shall constitute as being sufficient identification.
Failure to do so shall constitute obstruction of the Officer as per Section 3.14
of this by-law.
4.4
Every person who contravenes any provision of this by-law, including the
Schedules may be subject to the Town's AMPS By-law.
5.0 PENALTY
5.1
Every person who contravenes any of the provisions of this by-law shall be
subject to the Town's AMPS By-law.
6.0 VALIDITY, SEVERABILITY AND INTERPRETATION
6.1
Where a provision of this By-law conflicts with a provision of any other
By-law of the Town, the provision that establishes the higher standard
to protect the health, safety and welfare of the general public prevails.
By-law 2024-46
Page 3 of 5
6.2
If a section of this By-law is rendered null and void, it does not affect
the active By- law.
6.3
The invalidity of any section, paragraph, portion of a paragraph, clause
or portion of a clause of this By- law is not intended to and shall not
affect the validity of any other provision of this By-law.
7.0 DELEGATION
7.1
The Director is authorized to make minor housekeeping amendments
to this by-law that that do not alter the meaning or intent in any way.
8.0 EXISTING BY-LAW REPEAL
8.1
By-Law #2016-97 is hereby repealed.
9.0 ENACTMENT
9.1
This by-law shall come into full force and effect upon passing.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
DAY OF 13th DAY OF JUNE, 2024.
THE CORPORATION OF THE TOWN OF WASAGA BEACH
_____________________________________________
Brian Smith, Mayor
_____________________________________________
Nicole Rubli, Director, Legislative Services & Clerk
By-law 2024-46
Page 4 of 5
Schedule A
In this By-law Neglectful Behaviour shall include but is not limited to the following:
- engaging in any type of conduct or activity in any public place when the
activity is prohibited or restricted by a sign.
- loitering in any public place.
- emitting an excessive amount of smoke, dust or airborne particulate matter in a
public place;
- The operation of any combustion engine or pneumatic device without an effective
exhaust or intake muffling device in good working order and in constant
operation;
- The operation of any motorized conveyance other than on a highway or other
place intended for its operation.
By-law 2024-46
Page 5 of 5
Schedule 'B'
In this By-law Disorderly Conduct shall include but is not limited to the following:
- soliciting or selling or attempting to solicit or sell any items, including but not
limited to funds, in any public place unless authorized to do so by the Town.
- knocking over or attempting to knock over a Canada Post mailbox, newspaper
box, bench, fence, blue box or garbage container, portable toilet, or any other
structure or object, located on any public place.
- spitting, urinating or defecating in a public place.
- marking or applying graffiti on any public place or private property without
authorization from the owner of the property to which the graffiti is being
applied.
- Actions to impede pedestrian traffic, vehicular traffic or, illegal parking that
obstructs the free flow of traffic or could interfere with the ability to provide
emergency services;
- continuing to engage in any type activity prohibited by this by-law when
requested to stop by an Officer or the Occupier of the property.
- Actions that damage or destroy or attempt to damage or destroy any public
property.
- being in or on any Public Place which has been closed, or where entry has been
prohibited, or deemed by the Town not to be occupied for any reason
whatsoever.
- Racing of any motorized conveyance other than in a racing event regulated by
law;
- The operation of a motor vehicle in such a way that tires squeal;
- The operation of any horn or other warning device in or on a motorized
conveyance except where required by law or in accordance with good safety
practices;
- failing to leave the premises immediately after he or she is directed to do so by
the Occupier of the premises or a person authorized by the occupier.
- obstructing, hindering or otherwise interfering with an Officer while carrying out
an investigation, making inquiries, or performing an inspection for the purposes
of enforcing this By-law.
- yelling, screaming, shouting, singing, swearing and interfering with the
reasonable enjoyment of someone else at a public place;