467.1.1 PUBLIC NUISANCES 467.1.3
<br /> WHEREAS,theMunicipalAct, 2001, S.O. 2001, c. 25,section 8,provides
<br /> that the powers of municipality shall be interpreted broadly so as to confer
<br /> broad authority on the municipality to enable the municipality to govern its
<br /> affairs as it considers appropriate and to enhance the municipality's ability
<br /> to respond to municipal issues;
<br /> AND WHEREAS the Municipal Act, 2001, S.0. 2001, c. 25, section 9,
<br /> provides that a municipality has the capacity, rights,powers and privi-
<br /> leges of a natural person for the purpose of exercising its authority;
<br /> AND WHEREAS,the Municipal Pict, S.0. 2001, c. 25, section 127,pro-
<br /> vides that Council may prohibit the depositing of refuse or debris on the
<br /> land without the consent of the owner or occupant of the land;
<br /> AND WHEREAS,the Municipal Act, S.0. 2001, c. 25, section 128,pro-
<br /> vides that a local municipality may prohibit and regulate with respect to
<br /> public nuisances, including matters that, in the opinion of Council, are or
<br /> could become or cause public nuisances;
<br /> AND WHEREAS,Council qfThe Corporation qfThe City qfKitchener is
<br /> of the opinion that the activities listed in the definition of"nuisance"
<br /> herein constitute public nuisances.
<br /> Article I
<br /> INTERPRETATION
<br /> 467.1.1 City-defined
<br /> "City"shall mean The Corporation of The City of Kitchener.
<br /> 467.1.2 Nuisance-defined
<br /> ,.nuisance"shall mean any action or activity that creates a disturbance to resi-
<br /> dents of the municipality and shall include activities such as spitting,defecating,
<br /> urinating,fighting,swearing,using profane or obscene language,impeding or
<br /> molesting persons, obstructing the movement of persons, and damaging,
<br /> defacing or vandalizing property.
<br /> 467.1.3 Public place-defined
<br /> "public place"shall mean:
<br /> (a) a place outdoors to which the public is ordinarily invited or per-
<br /> mitted access and,for greater certainty,shall include sidewalks,
<br /> streets, any portion of a road allowance, parking lots, swim-
<br /> ming pools,conservation areas,parks,and playgrounds;
<br /> (b) school grounds;and
<br /> (c) land,premises,or buildings owned,managed,or maintained by
<br /> the City.
<br /> OCTOBER 2008 467.2 KITCHENER