Public Nuisance Bylaw Proposed

Video Source & News Coverage: https://www.ctvnews.ca/barrie/article/midland-looks-at-new-bylaw-to-cure-public-nuisance-issues/

By-law Staff have created a new “Public Nuisance By-law” for Council’s consideration to close a gap
in enforcement capabilities within the Town of Midland.

Over the past month, Staff have encountered some situations, mainly in the downtown core, of undesirable actions by individuals that caused unease in the public, however, at that time, no By-law actually covered these types of acts. Public Nuisance By-laws are created to protect the general public from unwanted or undesirable actions from others, mainly on public land, such as aggressive behaviour (yelling, screaming, swearing at others for no reason), panhandling/solicitation for money or other goods as well as unhoused individuals setting up tents or temporary shelters on Town land that is not within a park setting (parks already have bylaws preventing this activity).

Going forward, By-law Staff will have the necessary tools to be able to take enforcement action on
any undesired act as listed within the By-law. Some highlighted provisions within the proposed By-law
are:

• A provision which prohibits anyone from setting up a tent or a temporary structure on any Town owned property regardless if in a park or in a parking lot.

• A provision which prohibits people from blocking pedestrian access ways and sidewalks
  throughout the Town. This does not have to be a person that creates the blockage but could
  also be attributed to a private company depositing fill or screenings over a sidewalk blocking
  access for pedestrians to safely maneuver on a sidewalk.
  
• A provision that prohibits any motorized vehicle from operating on a sidewalk with an exception
  to a mobility device such as a motorized wheelchair but does not include the enclosed mobility
  devices that are now becoming more common in this area.
  
• A provision to prohibit loitering, panhandling or soliciting on any Town property or private
  property.
  
• A provision to prohibit any person from damaging Town infrastructure.
  
  By-law Staff have also included the ability for anyone to be granted an exemption to any of the
  provisions so long as the exemption does not interfere with the general integrity of the By-law.
  
  This will more than likely be when the Town or a third party holds a community event where buskers would be involved. In this situation, an exemption would be granted for the event so long as the proper applications through a Special Event Permit are met or the person is provided a valid license/permit to busk on Town property from the Town.

This proposed new bylaw is on tonight’s agenda. Here is the link to the staff report: https://midland.civicweb.net/document/73371