Loading...
HomeMy WebLinkAboutChapter 467 - Public NuisancesKITCHENER 467.1 FEBRUARY 2024 GENERAL Chapter 467 PUBLIC NUISANCES Article 1 INTERPRETATION 467.1.1 City - defined 467.1.2 Nuisance - defined 467.1.3 Public place - defined 467.1.4 Administrative Penalty By-law - defined 467.1.5 Designated provision - defined Article 2 GENERAL PROVISIONS 467.2.1 Public nuisance - prohibited 467.2.2 Garbage - other - dumping - unauthorized - prohibited 467.2.3 Waste - recyclables - collection - disturbing - prohibited 467.2.4 Waste - on City property - disturb - prohibited 467.2.5 Pedestrians - interference - impeding - prohibiting 467.2.6 Enforcement - authorized persons designated 467.2.7 Exception - police officer - on duty Article 3 ENFORCEMENT 467.3.1 Fine for contravention 467.3.2 Severability 467.3.3 Administrative Penalty By-law - application 467.3.4 Administrative Penalty By-law - notice of contravention 467.3.5 Provincial Offences Act 467.3.6 Non-payment WHEREAS, the Municipal Act, 2001, S.0. 2001, c. 25, section 8, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to KITCHENER 467.2 FEBRUARY 2024 respond to municipal issues; AND WHEREAS the Municipal Act, 2001, SO. 2001, c. 25, section 9, provides that a municipality has the capacity, rights, powers and privileges of a natural person. For the purpose of exercising its authority; AND WHEREAS, the Municipal Act, S. 0. 2001, c. 25, section 127, pro­ vides that Council may prohibit the depositing of refuse or debris on the land without the consent of the owner or occupant of the land; AND WHEREAS, the Municipal Act, S. 0. 2001, c. 25, section 128, pro­ vides 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, Council of The Corporation of The City of Kitchener is of the opinion that the activities listed in the definition of "nuisance" herein constitute public nuisances. Article 1 INTERPRETATION 467.1.1 City - defined "City" shall mean The Corporation of The City of Kitchener. 467.1.2 Nuisance - defined "nuisance" shall mean any action or activity that creates a disturbance to residents of the municipality and shall include activities such as spitting, defecating, urinating, fighting, swearing, using profane or obscene language, impeding or molesting persons, obstructing the movement of persons, and damaging, defacing or vandalizing property. 467.1.3 Public place - defined "public place" shall mean: (a) a place outdoors to which the public is ordinarily invited or per- mitted access and, for greater certainty, shall include sidewalks, streets, any portion of a road allowance, parking lots, swimming pools, conservation areas, parks, and playgrounds; (b) school grounds; and (c) land, premises, or buildings owned, managed, or maintained by the City. 467.1.4 Administrative Penalty By-law - defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 467.1.5 Designated provision - defined “designated provision” means any section of this Chapter designated in accordance with Article 3. KITCHENER 467.3 FEBRUARY 2024 Article 2 GENERAL PROVISIONS 467.2.1 Public nuisance - prohibited No person shall cause, create, or permit a nuisance in a public place. 467.2.2 Garbage - other - dumping - unauthorized - prohibited No person shall throw, drop, place, or otherwise deposit garbage, paper, plastic or paper products, cans, rubbish, or other debris on any property un- less authorized by the owner or occupant of the property. 467.2.3 Waste - recyclables - collection - disturbing - prohibited No person shall disturb, remove or scatter collectable waste or recyclable waste after it has been placed for waste collection without the permission of the owner of the premises where the waste was generated. 467.2.4 Waste - on City property - disturb - prohibited No person shall disturb, remove, or scatter any material placed in a garbage can or other receptacle for refuse or recyclables on any land owned, man- aged or maintained by the City. 467.2.5 Pedestrians - interference - impeding - prohibiting No person shall block, interfere with or otherwise impede the passage of any pedestrian on any sidewalk or other pedestrian-way, or portion thereof with- out lawful excuse or authorization of either the City or the Regional Municipality of Waterloo. 467.2.6 Enforcement - authorized persons designated The provisions of this Chapter may be enforced by a By-law Enforcement Officer, Municipal Law Enforcement Officer, Police Officer, or other individual duly appointed for the purpose of enforcing this Chapter. 467.2.7 Exception - police officer - on duty A police officer shall be exempt from the provisions of this Chapter as necessary to perform their work as a police officer. A person acting under the di- rection of a police officer and for police purposes shall be exempt from the provisions of this Chapter as necessary to follow such direction. Article 3 ENFORCEMENT KITCHENER 467.4 FEBRUARY 2024 467.3.1 Fine for contravention Every person who contravenes any provision of this Chapter is guilty of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5000), exclusive of costs, pursuant to the Provincial Offences Act. 467.3.2 Severability Each and every of the provisions of this Chapter is severable and if any pro- vision of this Chapter should for any reason be declared invalid by any court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 467.3.3 Administrative Penalty By-law - application Article 2 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 467.3.4 Administrative Penalty By-law - notice on contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 467.3.5 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 467.3.6 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 467.3.4. By-law 2007-233, 10 December 2007; By-law 2008-155, 15 September 2008; By- law No. 2024-015, 22 January 2024.