Nelson draft Panhandling Bylaw 3321, 2015

THE CORPORATION OF THE CITY OF NELSON REQUEST FOR DECISON DATE: October 5, 2015 Regular Meeting TOPIC: Panhandling Bylaw PROPOSAL: Third reading of Bylaw PROPOSED BY: Staff _____________________________________________________________________ ANALYSIS SUMMARY: At the September 14, 2015 Special Meeting, the Panhandling Bylaw was introduced. Council approved 1st and 2nd reading only, directing staff to further review and revise the bylaw accordingly. The Panhandling Bylaw No. 3321, 2015 is presented for third reading. BACKGROUND: Panhandling has been within the City of Nelson downtown core for quite some time and it is realized that for some, panhandling is a way of life, income, and circumstance of their lives. Introduction of the Panhandling bylaw at the September 14, 2015 meeting focused on the need for enforcement tools for Bylaw Enforcement and the Police Department. In addition to the enforcement issues, it is expected the Panhandling Bylaw will assist in providing safer streets for panhandlers (by providing structure around what is permitted when panhandling) to be able to earn the income they need plus address concerns by both business owners and the general public. Staff was directed to review the following for third reading of the bylaw:

1. Reduce the distance panhandling can occur at various locations from 10 meters to 5 meters. This change was made and is reflected in the Obstruction definition.

2. Remove or define entrance to or within an enclosed or covered pedestrian walkway. This item was removed from the Obstruction definition as staff was unable to determine a location within the City with an enclosed or covered walkway.

3. Add a restriction to the amount of time a person can panhandle in a single location. Section 2.3 was added to the bylaw stating No Person shall Panhandle at the same location for more than one (1) hour at a time in any four(4) hour period. This is the same language used in the Street Performer/Busking Policy, restricting the time that an individual can perform at a single location. Staff determined this to be beneficial language for both the business owners and the Panhandlers. It is recognized that some locations may be more lucrative than others for panhandling; this will reduce the ability for a single person to monopolize the more favourable locations. Limiting the time period supports the business owners who do not wish to see a person in front of their store for long periods of time. By having movement, business owners will be less likely to become irritated or agitated by Panhandlers therefore creating a less hostile environment for everyone.

4. Adding language requiring that persons must stand while panhandling.

This language was not added to the bylaw. Staff felt that the defined Obstruction of Sit or lie on a Street in a manner which obstructs or impedes traffic on a street was sufficient. There may be incidences where a person is not able to stand while panhandling.

5. Adding language regulating language use on signage. This language was not added to the bylaw. Research completed by staff determined that the Criminal Code of Canada deals with matters relating to: Uttering Threats, Mischief, Causing a Disturbance and Hate Propaganda that can address inappropriate language that may be displayed on signs. It was further determined that controversy is generated when limiting what people can and cannot say (Freedom of Expression or Speech). The rights and freedoms in the Charter are not absolute and can be limited in order to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or pornography (as provided for in the Criminal Code and identified above). Staff found the following comment on a CBC News article: The most important tool of the trade these days is the soggy underside of a cardboard box, upon which is scrawled a message that can be creative, poignant, provocative, heart-rending, inspirational, or funny enough to part you from your money. Despite their primitive appearance, these signs represent an important technology for panhandlers, a way for them to tell their stories of hard luck to passing pedestrians and motorists. You see sign-holders on street corners everywhere now, in big cities and small towns across the country. The underlying reason for these signs is it brings panhandlers more income. People passing by will often read what they have to say and base their support on what they read. It is a tool for income.

BENEFITS OR DISADVANTAGES AND NEGATIVE IMPACTS: The panhandling regulatory bylaw is intended to create safer streets for the general public, the business community and the panhandlers themselves as well as providing a tool for the Police Department and Bylaw Enforcement Officers when encountering person(s) panhandling aggressively. This regulatory bylaw does not stop person(s) from panhandling, it enables person(s) panhandling to know the guidelines within the City of Nelson. It protects the safety of everyone involved. LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES: Section 8 (Fundamental Powers) of the Community Charter gives Council the authority to regulate, prohibit and impose requirements in relation to (b) public places, (g) the health, safety, or protection of persons or property in relation to matter referred to in section 63 [protection of persons and property]; (h) the protection and enhancement of the well-being of its community in relation to the matters referred to in section 64 [nuisances, disturbances and other objectionable situations]; that Council considers necessary or desirable.

COSTS AND BUDGET IMPACT - REVENUE GENERATION: The purpose of bylaw enforcement penalties is to provide a significant deterrent as opposed to generating revenues. Penalties collected help the City recover the cost of bylaw enforcement. ENVIRONMENTAL IMPACTS: N/A COMMUNICATION: The new regulatory bylaw will be posted to the Citys website. OPTIONS AND ALTERNATIVES: 1. Give third readings to the bylaw 2. Do not give any readings to the bylaw and refer back to staff with other direction ATTACHMENTS: Panhandling Regulatory Bylaw No. 3321, 2015 RECOMMENDATION: That Council passes the following resolution: THAT the Corporation of the City of Nelson Panhandling Regulatory Bylaw No. 3321, 2015 be read a third time by title only. AUTHOR: REVIEWED BY:

____________________________ ____________________________ DIRECTOR OF CORPORATE CITY MANAGER SERVICES

THE CORPORATION OF THE CITY OF NELSON BYLAW NO. 3321, 2015

BEING A BYLAW TO PROVIDE FOR THE REGULATION OF PANHANDLING WITHIN THE CITY OF NELSON

The Council of The Corporation of the City of Nelson, in open meeting assembled, enacts as follows: 1. DEFINITIONS

In this bylaw, the following terms have the following meanings: Automated Teller Machine means a device linked to a financial institutions

account records which is able to carry out transactions, including, but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments;

Bus Stop means a section of street which is reserved for the

loading and unloading of buses and where parking and stopping of all other vehicles is prohibited;

Bylaw Enforcement Officer means a person/s acting as any of the following are

designated for the purposes of this Bylaw and the Local Government Bylaw Notice Enforcement Act: a) Special constables, officers, members or constables of the Nelson Police Department; b) Bylaw Enforcement Officers appointed pursuant to

the Police Act and Community Charter; c) Local Assists to the Fire Commissioner under Section 6 of the Fire Services Act; d) Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal control officers or other persons acting in another capacity on behalf of a municipality, regional City or local trust committee for the purpose of enforcement of one or more of its Bylaws.

Bylaw Notice means a ticket issued under the Bylaw Notice Enforcement Bylaw;

"Bylaw Notice Enforcement means the Citys Bylaw Notice Enforcement Bylaw Bylaw as amended or replaced from time to time;

___________________________________________________________________________________________________ The Corporation of the City of Nelson Page 1 of 4

Panhandling Bylaw No.3321, 2015

"City" means the Corporation of the City of Nelson or the area

within the boundaries thereof as the context may require; Obstruction means to:

a) Sit or lie on a Street in a manner which obstructs or impedes the convenient passage of any pedestrian traffic on a street, in the course of panhandling;

b) touch a person while panhandling; c) continue to Panhandle from or otherwise harass a

pedestrian after that Person has made a negative initial response to panhandling or has otherwise indicated a refusal;

d) physically approach and Panhandle from a pedestrian as a member of a group of two or more persons;

e) Panhandle on a Street within five (5) meters of: i. An entrance to a bank, credit union or Trust

Company; ii. An Automated Teller Machine; iii. A Bus Stop; iv. A bus shelter; v. The entrance to any liquor store or licensed

retail liquor store; vi. The entrance to a movie theatre or

sidewalk caf; vii. A pay telephone; viii. A public washroom; ix. An entrance to a church or place of worship;

f) Panhandle from an occupant of a vehicle in a manner which obstructs or impedes the convenient passage of any vehicular traffic or on a Street;

g) Panhandle from an occupant of a motor vehicle which is;

i. Parked; ii. Stopped at a traffic control signal; or iii. Standing temporarily for the purpose of loading

or unloading. h) Panhandle after sunset on any given day; i) Panhandle in such a way as to impede the ability of a

person entering or exiting a place of business; j) Panhandle from a person standing on a street or

other public place for the purpose of entering any building or purchasing any goods or services;

k) Panhandle from a person seated at a sidewalk caf; ___________________________________________________________________________________________________ The Corporation of the City of Nelson Page 2 of 4


l) Panhandle on a private property without the property owners consent;

Panhandle means to beg for, or without consideration, ask for

money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for ones self or for any other person but does not include soliciting where approved by the City;

"Person" includes any company, corporation, owner, partnership,

firm, association, society or party; Street means any highway, roadway, sidewalk, boulevard,

place or right of way which the public is ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas;

Traffic Control Signal means a traffic control signal as defined in the Motor Vehicle Act, R.S.B.C., 1996 c. 318, as amended, from

time to time; Trust Company means an office or branch of a trust company to which

the Trust and Loans Companies Act (Canada) applies and in which deposit accounts are held.

2. GENERAL REGULATIONS

2.1 No Person shall obstruct or interfere with a Bylaw Enforcement Officer in the

exercise of his duties. 2.2 No Person shall Panhandle in a manner to cause an Obstruction. 2.3 No Person shall Panhandle at the same location for more than one (1) hour at a

time in any four (4) hour period. 3. ENFORCEMENT AND PENALTY

3.1 A person who:

a) contravenes or fails to comply with this Bylaw;

b) permits, suffers or allows any act or thing to be done in contravention of this Bylaw;



c) fails to carry out an order made under this Bylaw; commits an offence and each day such an offence continues or is permitted to continue will constitute a separate offence.

3.2 This Bylaw is designated under section 264 of the Community Charter as a bylaw

that may be enforced by means of a Bylaw Notice.

3.3 Without limiting the enforcement options under section 8.1, a person who commits an offence under this Bylaw will be liable to a penalty established under the Bylaw Notice Enforcement Bylaw.

3.4 Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a Bylaw Notice under section 264 of the Community Charter.

4. CITATION

4.1. This bylaw may be cited as The Corporation of the City of Nelson Panhandling

Bylaw No. 3321, 2015".

READ A FIRST TIME the 14th day of September, 2015 READ A SECOND TIME the 14th day of September, 2015 READ A THIRD TIME the day of , 2015

FINALLY PASSED AND ADOPTED the day of , 2015

____________________ Mayor

____________________

Corporate Officer

CERTIFIED A TRUE AND CORRECT COPY OF THE City of Nelson Panhandling Bylaw No. 3321, 2015 ____________________________________ Director of Corporate Services



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Nelson draft Panhandling Bylaw 3321, 2015

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