Loading...
HomeMy WebLinkAboutChapter 637 - GraffitiKITCHENER 637.1 FEBRUARY 2024 PROPERTY MAINTENANCE Chapter 637 GRAFFITI Article 1 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 637.2.9 Administrative Penalty By-law - defined 637.2.10 Designated Provision - 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 637.3.8 Work order - issued - to remedy - contravention 637.3.9 Work order - conditions 637.3.10 Application - existing graffiti - prior to enactment KITCHENER 637.2 FEBRUARY 2024 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 637.4.2 Administrative Penalty By-law - application 637.4.3 Administrative Penalty By-law - notice of contravention 637.4.4 Provincial Offences Act 637.4.5 Non-payment Article 5 VALIDITY 637.5.1 Severability KITCHENER 637.3 FEBRUARY 2024 WHEREAS the Municipal Act, 2001, SO. 2001, c.25, subsection 8 (1) provides that the powers of a municipality under the Act shall be interpreted 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 of the Municipal Act, 2001, SO. 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 of the Municipal Act, 2001, SO. 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 offence; AND WHEREAS the opinion of Council of The Corporation of the City of Kitchener is that graffiti is a public nuisance; AND WHEREAS section 436 of the Municipal Act, 2001, SO. 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; AND WHEREAS section 446 of the Municipal Act, 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. KITCHENER 637.4 FEBRUARY 2024 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 Act, 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 representations, messages, etchings, carvings or slogans howsoever made on any property, 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 regional, provincial, or federal law. 637.2.5 Officer - defined "officer" means any municipal law enforcement officer or by-law enforcement 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. 637.2.7 Person - defined "person" means an individual or group of individuals, unincorporated association, 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. KITCHENER 637.5 FEBRUARY 2024 637.2.9 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. 637.2.10 Designated Provision - defined “designated provision” means any section of this Chapter designated in accordance with Article 4. 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 sufficient proof to the satisfaction of the officer that the owner caused or authorized placement of the graffiti. 637.3.4 Powers of inspection The City may enter on land at any reasonable time for the purpose of carrying 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 inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (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 KITCHENER 637.6 FEBRUARY 2024 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 contravention 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 before 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 matter 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. 637.3.13 Enforcement - authorized person The provisions of this Chapter may be enforced by an officer, or other individual 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. KITCHENER 637.7 FEBRUARY 2024 637.4.2 Administrative Penalty By-law - application Article 3 of this Chapter is hereby designated as the part of this Chapter to which the Administrative Penalty By-law applies. 637.4.3 Administrative Penalty By-law - notice of 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. 637.4.4 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. 637.4.5 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 637.4.3. 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; By-law 2024-015, 22 January 2024.