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City of Revelstoke Council Report

Date: July 6, 2015 File No: 3900-02

To: Mayor and Council

From: Teresa LeRose, Manager of Legislative Services

Subject: Public Nuisance Bylaw No. 2083

1. ISSUE

Council authorized staff to develop a Public Nuisance Bylaw during the regular Council meeting held on May 12, 2015, as recommended by the Security Committee of Council. This bylaw will address drunkenness, swearing, insulting language, fighting and urination/defecation on a highway or in a public place.

2. RECOMMENDATION

THAT Bylaw No. 2083, being a bylaw for the purpose of preventing and prohibiting nuisances and disturbances, receive First, Second and Third Readings.

3. CAO COMMENTS

Reviewed. GDI.

4. BACKGROUND

4.1. S/Sgt. Grabinsky provided an overview to the Security Committee regarding fighting, urination and other nuisance behaviours in public places. This included appropriate fines within the Municipal Ticket Information (MTI) Bylaw.

4.2. On April 9, 2015, the Security Committee resolved to recommend to Council that staff be directed to develop a Public Nuisance Bylaw for the City of Revelstoke.

4.3. On May 12, 2015, Council agreed that the bylaw proceed.

5. FINANCIAL IMPLICATIONS

5.1. The creation of a Public Nuisance Bylaw with amendment to the MTI Bylaw will increase the Citys ticketing revenue rather than using the Provincial method.

6. DISCUSSION

6.1. The Public Nuisance Bylaw No. 2083 is before Council for consideration of three readings.

6.2. A public notice will be released by the City noting the new bylaw, the date it will come into effect and the proposed penalty.

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7. RELEVANT LEGISLATION

7.1. Community Charter Sections 8, 64, 260, 264

8. ATTACHMENTS

8.1. Nil

9. RECOMMENDATION AND OPTIONS

9.1. Recommendation:

THAT Bylaw No. 2083, being a bylaw for the purpose of preventing and prohibiting nuisances and disturbances, receive First, Second and Third Readings.

9.2. Option 1: Council may make alterations, additions and/or deletions to the proposed Public Nuisance Bylaw.

CITY OF REVELSTOKE

BYLAW NO. 2083

Being a Bylaw for the purpose of the preventing and prohibiting nuisances

and disturbances within the City of Revelstoke.

WHEREAS the Council of the City of Revelstoke, Province of British Columbia,

deem it necessary to promote a safe, comfortable and inviting community for

all of its citizens, businesses and visitors;

AND WHEREAS the small minority of persons that create nuisances and

disturbances and that, in general, engages in uncivil behavior threatens the quality

of life desired by the population as a whole;

AND WHEREAS it is in the public interest for the City to take the necessary

measures to eliminate nuisances, disturbances and occurrences of uncivilized

behavior.

NOW THEREFORE the Council of the City of Revelstoke, Province of British

Columbia in open meeting assembled enacts as follows:

1. DEFINITIONS

Bylaw Enforcement Officer means a person appointed by the Municipal Council

as a Bylaw Enforcement Officer.

Highway includes every road, street, lane, alley and right-of-way designed or

intended for or used by the general public for the passage of vehicles, and every

place or passage way to which the public, for the purpose of parking or servicing

of vehicles, has access or is invited; and every place or passage way owned or

operated by the City of Revelstoke for the purpose of providing off-street parking.

Municipality means the City of Revelstoke.

Person means a natural person.

Public place includes every sidewalk, park, courtyard, square, walkway, parkade

and any other area open to public use.

2. GENERAL PROHIBITIONS

2.1 No person shall disturb the peace, quiet and enjoyment of the community by

engaging in drunkenness, profane swearing or indecent, obscene or grossly

insulting language on a highway or in a public place.

2.2 No person shall participate in a fight or other similar physical confrontation

on a highway or in a public place.

2.3 No person shall urinate or defecate on a highway or in a public place except

in a facility so designated for such a purpose.

3. ENFORCEMENT

3.1 Bylaw Enforcement Officers and RCMP members are hereby authorized to

enforce this bylaw.

Public Nuisance Bylaw No. 2083 P a g e | 2

4. VIOLATION AND PENALTY

4.1 Every person who violates any of the provisions of this bylaw, or who

causes, suffers or permits any act or thing to be done in contravention or in

violation of any of the provisions of this bylaw, or who neglects or refrains

from doing anything required to be done by any of the provisions of this

bylaw, or who carries out or who suffers, causes or permits to be carried out

any development in a manner prohibited by or contrary to any of the

provisions of this bylaw, or who fails to comply with any order, direction or

notice given under this bylaw in addition to any other penalties provided for

in this bylaw, shall be liable on summary conviction to a fine not exceeding

Five Hundred Dollars ($500.00) and the costs of prosecution. Each day on

which an offence continues shall constitute a separate offence.

4.2 This bylaw is designated under the provisions of Section 264 of the

Community Charter as a bylaw that may enforced by means of a ticket in the

form prescribed, and in accordance with this bylaw.

5. JURISDICTION

5.1 This bylaw is applicable to and enforceable in the entire Municipality.

6. SEVERABILITY

6.1 If any section or subsection of this bylaw is found to be invalid by a court of

competent jurisdiction, the section or subsection may be severed from the

bylaw without affecting the validity of the remainder of the bylaw.

7. TITLE

7.1 This Bylaw may be cited for all purposes as the Public Nuisance Bylaw No.

2083.

READ A FIRST TIME THIS _____ DAY OF __________, 2015.

READ A SECOND TIME THIS _____

DAY OF __________, 2015.

READ A THIRD TIME THIS _____

DAY OF __________, 2015.

ADOPTED BY CITY COUNCIL THIS _____ DAY OF __________, 2015.

Director of Corporate Administration Mayor

Certified a true copy, this day of , .

Admin-Public Nuisance Bylaw No. 2083 2015-07-142083 Public Nuisance Bylaw