OFFICE CONSOLIDATION (as of September 14, 2021)
By-law No. PH-18
A By-law to prohibit and regulate public nuisances within the City of London.
WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (“the Municipal Act, 2001”) provides that a municipal power shall be exercised by by-law;
AND WHEREAS section 9 of the Municipal Act, 2001 provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS section 8 of the Municipal Act, 2001 provides that the powers of a Municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues;
AND WHEREAS section 10 of the Municipal Act, 2001 provides that a Municipality may pass by-laws respecting: Economic, social and environmental well- being of the Municipality; Health, safety and well-being of persons; Protection of persons and property; Structures, including fences and signs;
AND WHEREAS section 128 of the Municipal Act, 2001 provides that, without limiting sections 9 and 10, 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 the opinion of Council under this section, if arrived at in good faith, is not subject to review by any court;
AND WHEREAS, in the opinion of Council, nuisance parties, public urination and defecation, knocking over objects on the Highway, unnecessary interference with use and enjoyment of public places, and nuisance feeding of wildlife are or could become or cause public nuisances;
AND WHEREAS section 425 of the Municipal Act, 2001 establishes that any person who contravenes any by-law of the Municipality is guilty of an offence; AND WHEREAS section 435 of the Municipal Act, 2001 and By-law A-30 provide for the exercise of powers of entry by municipal law enforcement officers and police officers;
AND WHEREAS section 444 of the Municipal Act, 2001 provides that a municipality may make an order requiring a person who contravened a by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity;
NOW THEREFORE the Municipal Council of The Corporation of the City
of London enacts as follows:
In this By-law,
“Building” means any permanent structure consisting of a roof supported by walls or columns that is used or intended to be used for the shelter, accommodation or enclosure of persons, animals, goods, chattels or equipment;
“Chief of Police” means the Chief of Police of the London Police Service, or designate; “City” means The Corporation of the City of London;
“Director, Municipal Compliance” means the City of London’s Director, Municipal Compliance or their designate;
“Dwelling” means a Building containing one or more dwelling units;
“feed” and “feeding” includes the regular or intermittent supply of food;
“food” means anything that can be consumed by an animal for sustenance, but does not include:
(a) composting materials kept in accordance with all applicable laws, regulations and by-laws;
(b) landscaping materials or plants, trees or shrubs (including shrubs, berries on shrubs, trees, herbs, vegetables on vegetable plants, fruit on trees);
“Highway” includes a common and public highway, highway, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles or persons, and includes the area between the lateral property lines thereof, including sidewalks and boulevards, and Highways shall have a corresponding meaning;
“Municipality” means the land within the geographic limit of the City of London;
“Nuisance Feeding of Wildlife” means feeding or permitting the feeding of wildlife, or leaving food that is accessible by wildlife, which results in one or more of the following occurring so as to constitute a public nuisance whether occurring on public or private property:
(a) excessive accumulation of food, including bird seed and seed casings;
(b) excessive accumulation of wildlife feces;
(c) unreasonable interference with the normal use and enjoyment of nearby premises;
(d) excessive attraction of rodents (including mice or rats) or predatory wildlife (including coyotes) to the premises;
“Nuisance Party” means a social gathering on Premises within the Municipality and which, by reason of the conduct of the persons in attendance, results in any one or more of the following activities occurring so as to constitute a public nuisance whether occurring on neighbouring public or private property:
(a) disorderly conduct;
(b) public drunkenness or public intoxication;
(c) the unlawful sale, furnishing, or distribution of alcoholic beverages or controlled substances;
(d) the deposit of refuse on public or private property;
(e) damage to or destruction of public or private property;
(f) pedestrian traffic, vehicular traffic, or illegal parking that obstructs the free flow of traffic or could interfere with the ability to provide emergency services;
(g) unreasonable noise, including loud music or shouting;
(h) unlawful open burning or fireworks;
(i) public disturbances, including public brawls or public fights;
(j) outdoor public urination or defecation;
(k) use of or entry upon a roof not intended for such occupancy;
“Premises” means any public or private place in the Municipality, including but not limited to Highways, parks, parking lots, yards appurtenant to a Building or Dwelling or vacant lands, but does not mean a Building or Dwelling.
“wildlife” means an animal that belongs to a species that is wild by nature.
2. PUBLIC URINATION / PUBLIC DEFECATION
2(1) In Section 2 only, “Public Place” is defined as:
“Public Place” includes a Highway, public park, parking lot or other lands to which the public has access as of right or by invitation and includes private property that is exposed to public view, but does not include an enclosed washroom facility.
2(2) No person shall urinate or defecate in a Public Place.
3. MAILBOXES ETC. ON HIGHWAY
No person shall knock over or attempt to knock over a Canada Post mailbox, Canada Post relay box, newspaper box, Blue Box, or garbage container, lawfully located on a Highway. This section shall not apply to City employees, or any person under contract with the City, acting under the City’s Waste Management By-law.
4. NUISANCE PARTIES
4(1) No person shall sponsor, conduct, continue, host, create, attend, allow, cause or permit a Nuisance Party.
4(2) No person who, individually or jointly with others, is an owner, occupant, tenant, or who otherwise has rightful possession of or possessory control of any Premises, shall allow, cause or permit a Nuisance Party on said Premises under their possession or control.
4A. NUISANCE PARTY – REMEDIAL COSTS – FEES
4A Take Actions to End Nuisance Party
4A.1(a) Every person who sponsors, conducts, continues, hosts, creates, or causes a Nuisance Party shall take all reasonable and lawful actions to end a Nuisance Party.
Remedial Costs - Failure to Comply – done by City – at expense of person required to do it
4A.1(b) Where any thing required to be done in accordance with subsection 4A.1(a) is not done, the municipality may do such thing at the expense of the person required to do it, and such expense may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. For the purposes of this subsection, the municipality may enter upon land at any reasonable time.
Fees and Charges
4A.2 In addition to any remedial costs or other fees or charges, the following fees or charges relating to Nuisance Parties may be imposed on a person who sponsors, conducts, continues, hosts, creates, or causes a Nuisance Party:
(a) fee for the attendance of a London Fire Prevention Officer at the scene of a Nuisance Party: $70.00 per officer, per hour (or part thereof);
(b) fee for the attendance of a London Police Services Officer at the scene of a Nuisance Party: $60.00 per officer, per hour (or part thereof);
(c) fee for the attendance of a Municipal Law Enforcement Officer at the scene of a Nuisance Party: $50.00 per officer, per hour (or part thereof).
4.1 UNNECESSARY INTERFERENCE WITH USE AND ENJOYMENT OF PUBLIC PLACE
(1) In section 4.1 only, “Public Place” is defined as: “Public Place” includes a Highway, public park, or other lands to which the public has access as of right or by invitation and includes private property that is exposed to public view.
(2) No person shall, in a Public Place, unnecessarily interfere with another person’s use and enjoyment of the Public Place by using abusive or insulting language as a personal invective.
4.2 NUISANCE FEEDING OF WILDLIFE
(1) No person shall engage in or permit Nuisance Feeding of Wildlife.
(2) Subsection (1) shall not apply to:
(a) land zoned for agricultural uses;
(b) a person leaving food for an ear-tipped cap or a feral cat colony for the purposes of a trap, neuter or spay and release program approved by the City; and
(c) a person leaving food as bait in a trap to capture wildlife if they have the legal authority to do so.
(3) Every person who engages in or permits Nuisance Feeding of Wildlife shall immediately remove such food when directed to do so by the City, and if the person fails to do so, the City may enter upon the Premises at any reasonable time to remove the food at the person’s expense. The City may recover the costs (plus interest) of removing the food from the person 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. The amount of costs including interest constitutes a lien on the land upon the registration in the proper land registry office of the notice of lien.
5. ORDER TO DISCONTINUE ACTIVITY
5(1) Upon the order of the Chief of Police or their designate or the Director, Municipal Compliance or their designate, a Nuisance Party shall cease and all persons not residing on the Premises shall leave the Premises where it is occurring.
5(2) An order under this section shall identify:
(a) the location of the land on which the contravention occurred;
(b) the reasonable particulars of the contravention of the By-law; and
(c) the date and time by which there must be compliance with the order.
5(3) An order under this section may be given verbally or may be served personally on the person to whom it is directed. If the order is given by regular mail to the last known address of that person, and if given by registered mail, it shall be deemed to have been given on the third day after it is mailed. Service on a corporation can be effected by registered mail to the corporate mailing address.
5(4) No person shall fail to leave the Premises after having been directed to leave the Premises by an order to discontinue activity under this By-law.
6. CLOSE PUBLIC HIGHWAY
6(1) The Chief of Police, a London Police Service police officer, or a municipal law enforcement officer may temporarily close any Highway or portion thereof to public travel under this By-law where a Nuisance Party is occurring or a Nuisance Party is planned to occur on or adjacent to the Highway by placing a notice on the Highway to be closed in accordance with the Municipal Act, 2001.
6(2) Where a Highway or portion of a Highway has been closed under this By-law, the common law right of passage by the public over the Highway and the common law right of access to the Highway by an owner of land abutting the Highway are restricted, as directed by the Chief of Police, a London Police Service police officer, or a municipal law enforcement officer.
6(3) No person shall use a Highway, or portion of a Highway that has been closed under this By-law except with lawful authority or in accordance with the direction of the Chief of Police or other officer pursuant to this section.
6(4) No person shall, without lawful authority, remove or deface any barricade, device, detour sign or notice placed on a Highway pursuant to this By-law.
7. ENFORCEMENT AND INSPECTION
7(1) The provisions of this By-law may be enforced by a municipal law enforcement officer, London Police Service police officer, or other individual duly appointed for the purpose of enforcing this By-law.
7(2) Every municipal law enforcement officer and London Police Service police officer may carry out an inspection to determine whether the provisions of this Bylaw are being complied with in accordance with the City’s Inspections By-law and shall have the right to enter lands pursuant to the provisions of the Inspections By-law and the Municipal Act, 2001.
7(3) Each person who contravenes any provision of this By-law shall, upon issuance of a penalty notice in accordance with the Administrative Monetary Penalty System By-law A-54, be liable to pay the City an Administrative Monetary Penalty.
Every person who contravenes any provision of this By-law is guilty of an offence, and on conviction is liable to:
(a) a maximum fine of $25,000; and
(b) for convictions under subsections 4(1), 4(2), or 5(4), a minimum fine of $500.
If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect.
10. CONTINUATION - REPETITION - PROHIBITED - BY ORDER
The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.
11. SHORT TITLE OF BY-LAW
This By-law may be referred to as the “Public Nuisance By-law”.
By-law PH-13 is hereby repealed.
13. FORCE AND EFFECT
This By-law shall come into force and effect on the day it is passed.
PASSED in Open Council on May 22, 2012.
Joe Fontana, Mayor
Catharine Saunders, City Clerk
First Reading - May 22, 2012
Second Reading - May 22, 2012
Third Reading - May 22, 2012
|By-Law No.||Date Passed at Council|
|PH-18||May 22, 2012|
|PH-18-17001||March 2, 2017|
|PH-18-18002||July 24, 2018|
|PH-18-18003||October 16, 2018|
|PH-18-19004||August 27, 2019|
|PH-18-21005||May 4, 2021|
|PH-18-21006||September 14, 2021|