City of Revelstoke

Council Report
Date:

July 6, 2015

To:

Mayor and Council

From:

Teresa LeRose, Manager of Legislative Services

Subject:

Public Nuisance Bylaw No. 2083

File No:

3900-02

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.

Page 1 of 2

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.

Page 2 of 2

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.
3.1

ENFORCEMENT
Bylaw Enforcement Officers and RCMP members are hereby authorized to
enforce this bylaw.

Public Nuisance Bylaw No. 2083

Page |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.
5.1
6.

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

Certified a true copy, this

day of

Mayor