HomeMy WebLinkAboutChapter 467 - Public Nuisances GENERAL
Chapter 467
PUBLIC NUISANCES
Article 1
INTERPRETATION
467.1.1 City-defined
467.1.2 Nuisance-defined
467.1.3 Public place-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
KITCHENER 467.1 OCTOBER 2008
467.1.1 PUBLIC NUISANCES 467.1.3
WHEREAS,theMunicipalAct, 2001, S.O. 2001, c. 25,section 8,provides
that the powers of 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 respond to municipal issues;
AND WHEREAS the Municipal Act, 2001, S.0. 2001, c. 25, section 9,
provides that a municipality has the capacity, rights,powers and privi-
leges of a natural person for the purpose of exercising its authority;
AND WHEREAS,the Municipal Pict, 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 qfThe Corporation qfThe City qfKitchener is
of the opinion that the activities listed in the definition of"nuisance"
herein constitute public nuisances.
Article I
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 resi-
dents 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, swim-
ming pools,conservation areas,parks,and playgrounds;
(b) school grounds;and
(c) land,premises,or buildings owned,managed,or maintained by
the City.
OCTOBER 2008 467.2 KITCHENER
467.2.1 PUBLIC NUISANCES 467.3.1
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 Munici-
pality 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 indi-
vidual duly appointed for the purpose of enforcing this Chapter. By-law
2007-233, 10 December,2007.
467.2.7 Exception-police officer-on duty
A police officer shall be exempt from the provisions ofthis Chapter as neces-
sary 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. By-law
2008-155, 15 September,2008.
Article 3
ENFORCEMENT
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 OffencesAct.
KITCHENER 467.3 OCTOBER 2008
467.3.2 PUBLIC NUISANCES 467.3.2
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 re-
maining provisions hereof shall remain in full force and effect. By-law
2007-233, 10 December,2007.
OCTOBER 2008 467.4 KITCHENER