HomeMy WebLinkAboutCRPS-08-170 - Public Nuisance By-law - Enforcement ProtocolI L REPORT 74
Report To: Finance and Corporate Services Committee
Date of Meeting:
October 20, 2008
Submitted By:
Troy Speck, General Manager of Corporate Services
Prepared By:
Shayne Turner, Director of By-law Enforcement
Ward(s) Involved:
ALL
Date of Report:
October 14, 2008
Report No.:
CRPS-08-170
Subject: PUBLIC NUISANCE BY-LAW - ENFORCEMENT
PROTOCOL
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In December of 2007, Council enacted a by-law to regulate public nuisances, now incorporated
as Chapter 467 of the City's Municipal Code. In addition, Council requested staff to report on a
form of protocol for diversion or referrals for people that may be impacted by the by-law.
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The primary reason for the direction to staff were concerns raised as to the possibility of certain
groups of people, such as those who may have little capacity to pay a fine or understand the
implications of the by-law.
Staff have reviewed this issue and have determined that the situations that may arise are so
many and varied, that it would be very difficult to establish a formal protocol that could address
such situations.
It became clear to staff that the fundamental focus should be on educating staff and raising their
awareness with respect to ensuring that the wide variety of people they may encounter when
enforcing a public nuisance by-law are treated appropriately. This means being able to identify
when an alternative approach to standard enforcement may be required and to what extent
such an approach needs to be modified. Further, it is important for staff to understand what
resources and systems of support exist within the community.
Since the Public Nuisance By-law was enacted, the Enforcement Division has undertaken a
series of training/education sessions aimed at helping staff when they encounter people with
various behavioural challenges.
In January and February, all By-law Enforcement Officers participated in an intensive 2 day
training session that focused on behavioural issues such as emotional intelligence and
situational awareness. A key component of the training included encountering people that are
suffering from various forms of mental illness.
The next step in the training program is scheduled for November 28t" involving a session with
the Canadian Mental Health Association and Erinoak (autism in adults). A further session is
being planned for early in the new year focusing on encountering youth.
Staff have met with the Homelessness and Housing Umbrella Group (HHUG) and advised them
of the training programs undertaken and planned.
It should also be noted that, over the past 10 months, there have been very few charges laid
under the bylaw, although it has been used on several occasions to help address particular
concerns. This reinforces the earlier comments that the by-law would serve as a tool for
enforcement staff to be used when necessary. To date, staff are not aware of any concerns
raised with regard to inappropriate enforcement
FINANCIAL IMPLICATIONS:
None identified at this time.
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When the Public Nuisance By-law was enacted in December of 2007, concerns were raised
with regard to how certain groups of people may be affected by the enforcement of the by-law.
In order to help reduce the potential for unfortunate circumstances to arise when enforcing the
By-law, the Enforcement Division has undertaken a series of training/education sessions to
raise awareness among staff to the potential issues that may arise during encounters with
people with various behavioural challenges.
Shayne Turner
Director of By-law Enforcement