HomeMy WebLinkAboutChapter 637 - Graffiti PROPERTY MAINTENANCE
Chapter 637
GRAFFITI
Article I
SHORT TITLE
637.1.1 Citation
Article 2
INTERPRETATION
637.2.1 Act-defined
637.2.2 City-defined
637.2.3 Council-defined
637.2.4 Graffiti-defined
637.2.5 Officer-defined
637.2.6 Owner-defined
637.2.7 Person-defined
637.2.8 Property-defined
Article 3
GENERAL PROVISIONS
637.3.1 Graffiti-prohibited-any property
637.3.2 Owner responsibility-graffiti-removed
637.3.3 Application-owner applied graffiti
637.3.4 Powers of inspection
637.3.5 Inspection-documents-testifying-authority
637.3.6 Entry to dwelling units
637.3.7 Hindrance-obstruction-prohibited
KITCHENER 637.1 JUNE 2010
GRAFFITI
637.3.8 Work order-issued-to remedy-contravention
637.3.9 Work order-conditions
637.3.10 Application-existing graffiti-prior to enactment
637.3.11 Contravention-deemed offence
637.3.12 Remedial action-done by City-owner's expense
637.3.13 Enforcement-authorized person
Article 4
ENFORCEMENT
637.4.1 Fine-for contravention
Article 5
VALIDITY
637.5.1 Severability
WHEREAS the Municipal Act, 2001, S.O. 2001, c.25, subsection 8 (1)
provides that the powers of a municipality under the Act shall be inter-
preted broadly so as to confer broad authority on it to enable it to govern
its affairs as it considers appropriate and to enhance its ability to respond
to municipal issues;
AND WHEREAS section 128 oftheMunicipalAct,2001,S.0.2001,c.25
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 public nuisances;
AND WHEREAS section 425 oftheMunicipalAct,2001,S.0.2001,c.25
provides that a municipality may pass by-laws providing that a person
who contravenes a by-law of the municipality is guilty of an of
AND WHEREAS the opinion of Council o f The Corporation o f the City of
Kitchener is that graffiti is a public nuisance;
AND WHEREAS section 436oftheMunicipalAct,2001,S.0.2001,c.25
provides that a municipality has the power to pass by-laws providing that
the municipality may enter on land at any reasonable time for the purpose
of carrying out an inspection to determine whether or not a by-law of the
municipality is being complied with;
JUNE 2010 637.2 KITCHENER
637.1.1 GRAFFITI 637.2.6
AND WHEREAS section446oftheMunicipalAct,2001,S.O.2001,c.25
allows the municipality to provide that where a person has failed to do
something required by by-law the City enter upon land and may do such
thing at the person's expense.
Article 1
SHORT TITLE
637.1.1 Citation
This Chapter may be referred to as the"Anti-Graffiti By-law."
Article 2
INTERPRETATION
637.2.1 Act-defined
"Act"shall mean the Municipal Pict, 2001,c. 25.
637.2.2 City-defined
"City"means The Corporation of the City of Kitchener.
637.2.3 Council- defined
"Council"means the municipal Council of the City.
637.2.4 Graffiti-defined
"graffiti"means one or more letters, symbols,marks,pictorial representa-
tions,messages,etchings,carvings or slogans howsoever made on any prop-
erty,but does not include the following:
(a) a sign,public notice, or traffic control mark authorized by the
City;
(b) a sign authorized pursuant to a permit issued under the City's
Sign By-law; and
(c) a sign,public notice, or traffic control mark authorized by re-
gional,provincial,or federallaw.
637.2.5 Officer-defined
"officer"means any municipal aw enforcement officer or by-law enforce-
ment officer of the Corporation of the City of Kitchener and any member of
the Waterloo Regional Police Services.
637.2.6 Owner- defined
"owner"means the registered owner,occupant or tenant of a property,or a
person who,for the time being or permanently,is managing or receiving the
rent from a property,whether on his or her own account or on account of an
agent or trustee of any other person,or any one of the aforesaid.
KITCHENER 637.3 JUNE 2010
637.2.7 GRAFFITI 637.3.5
637.2.7 Person-defined
"person"means an individual or group of individuals,unincorporated asso-
ciation,sole proprietorship,partnership or corporation.
637.2.8 Property-defined
"property"means land that may have a building(occupied or unoccupied)
on it or vacant land.
Article 3
GENERAL PROVISIONS
637.3.1 Graffiti-prohibited-any property
No person shall place graffiti,or cause or permit graffiti to be placed on any
property.
637.3.2 Owner responsibility-graffiti- removed
Every owner shall keep the property free of graffiti.
637.3.3 Application-owner applied graffiti
Sections 637.3.1 and 637.3.2 do not apply where an owner can show suffi-
cient proof to the satisfaction of the officer that the owner caused or autho-
rized placement of the graffiti.
637.3.4 Powers of inspection
The City may enter on land at any reasonable time for the purpose of carry-
ing out an inspection to determine whether or not the following are being
complied with:
(a) this Chapter;
(b) a direction or order of the City made under this Chapter; or
(c) an order made under section 431 of the Act.
637.3.5 Inspection-documents-testifying-authority
For the purposes of conducting an inspection pursuant to Section 637.3.4,
the City may,in accordance with the provisions of section 436 of the Act:
(a) require the production for inspection of documents or things
relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspec-
tion for the purpose of making copies or extracts;
(c) require information from any person concerning a matter re-
lated to the inspection;and
JUNE 2010 637.4 KITCHENER
637.3.6 GRAFFITI 637.3.12
(d) alone or in conjunction with a person possessing special or ex-
pert knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
637.3.6 Entry to dwelling units
Entry to any place actually being used as a dwelling unit shall be subject to
the requirements of the Act.
637.3.7 Hindrance-obstruction-prohibited
No person shall hinder or obstruct,or attempt to hinder or obstruct,any per-
son who is exercising a power or performing a duty under this Chapter.
637.3.8 Work order-issued-to remedy-contravention
Where the City is satisfied that a contravention of this Chapter has occurred,
the City may make an order requiring the person who contravened this
Chapter,or who caused or permitted the contravention,or the owner of the
land on which the contravention occurred, to do work to correct the
contravention.
637.3.9 Work order-conditions
An order under Section 637.3.8 shall set out:
(a) reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the con-
travention occurred;and
(b) the work to be done and the date by which the work must be
done.
637.3.10 Application-existing graffiti-prior to enactment
An order under Section 637.3.8 may require work to be done even though
the facts which constitute the contravention of this Chapter were present be-
fore this Chapter came into force.
637.3.11 Contravention-deemed offence
Any person who contravenes an order under Section 637.3.8 is guilty of an
offence.
637.3.12 Remedial action-done by City-owner's expense
If a person fails to do a matter or thing,including comply with an order under
this Chapter as directed or required by this Chapter,the City may,in default
of it being done by the person directed or required to do it,do the matter or
thing at the person's expense.The City may enter upon land at any reason-
able time to do such matter or thing and may recover the costs of doing a mat-
ter or thing from the person directed or required to do it by action or by
adding the costs to the tax roll and collecting them in the same manner as
property taxes.
KITCHENER 637.5 JUNE 2010
637.3.13 GRAFFITI 637.5.1
637.3.13 Enforcement-authorized person
The provisions of this Chapter maybe enforced by an officer,or other indi-
vidual duly appointed for the purposes of enforcing this Chapter.
Article 4
ENFORCEMENT
637.4.1 Fine-for contravention
Every person who contravenes any of the provisions of this Chapter is guilty
of an offence and is liable,upon conviction, to a fine not exceeding Five
Thousand Dollars ($5,000), exclusive of costs,pursuant to the Provincial
Offences Act.
Article 5
VALIDITY
637.5.1 Severability
It is hereby declared that each and every of the foregoing Sections of this
Chapter is severable and that,if any provisions of this Chapter should for any
reason be declared invalid by any court, it is the intention and desire of
Council that each and every of the then remaining provisions hereof shall re-
main in full force and effect.By-law 2010-126,28 June,2010.
JUNE 2010 637.6 KITCHENER