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DEPUTY CORPORATE OFFICER
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CITY MANAGER
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From:
Subject:
Date:
Attachments:
Joanne Caldecott
Letters to City Council via NBA
October-20-15 9:42:14 AM
Panhandling bylaw letters for Council.docx
Lisa and Jo: Attached are six emailed letters from NBA businesses.
Margaret Stacey: Nelson United Church, Stacey Trillo
Susan Wallach: Wallach Perello
Al Gerhardstein: Misty Mountain
Diane Hand: Handsels
Michael Collier: Kootenai Clothing
Jeff Grosch: Sacred Ride
Nelson Becker, ExpressNews
I did not include Nelson Beckers letter here as you have already received it.
There were 28 people at the NBA meeting on Thursday October 15th, including four
Councillors who took notes. These letters were given to Councillor Purcell. Our function was
to facilitate the meeting and the Councillors said they would report to Council.
At the discussion meeting: Jay Marshall, Jocelyn Carver, Paul Kelly, Chris Hillebrand,
Margaret Stacey, Tom Prior, Mari Plamondon, Chuck Bennett, Karen Bennett, Randy
Horswill, Val Semeniuk, Jenny Robinson, Howie Ross, Nelson Becker, Amy Stewart, Matt
Stanley, Yoshi Shirotani, Stephanie Myers, Teo Nicholas, Judy Banfield, Justin Pelant, Deb
Fuhr, John McCuaig,Chris Holland, Councillors Morrison, Purcell, Warmington, and Dailly.
Margaret Stacey
Core Planning Team NBA
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Margaret Stacey
I dont think we need a pan handling by law. I think it is unfortunate the city is considering going this
way.
I have never had trouble with the people begging for money. I am on Baker street daily 2/3 times. I
politely say no or ignore them depending on my mood. The only aggressive one that I have experienced
is a drug addicted woman and a bylaw wouldnt deter her.
Assuming these people are the product of a lack of housing or, social assistance or addictions services
then lets deal with that and not punish and criminalize the victims. Perhaps another street worker?
If they are recreational beggars they will go away with the cooler weather.
Why must we react in a punitive way?. Lets try to find the root of the problem and put city resources
there. Has anyone interviewed any of these people to find out what is going on in their lives to put them
on the street begging? Maybe thats a first step.
Susan E. Wallach
You never really know a woman until you meet her in Court
Al Gerhardstein
Business owner
Misty Mountain
358 baker
nelson
Hi Margaret,
I cannot attend the meeting re Panhandling so just am offering my input in this email.
I have had direct personal experience with an aggressive and belligerent panhandler using offensive
signage. Asking nicely for him to move or offering assistance was not effective. Police nor Bylaw could
get him to cooperate and this went on for more than just one day. Customers were complaining about
him and actively avoiding walking by him (and as he was parked right under my window this directly
affected my business).
I take offence to the councillor who stated that they had never seen an aggressive panhandler only
passerbys being rude. This councillor obviously does not spend a lot of time on Baker St. and is out of
touch with the issues businesses have with various transient and what some might call street people.
We put more restrictions on our buskers who bring character and charm to downtown, than we do
those that are panhandling. My suggestion to city council would be to have a bylaw that restricts the
time that a panhandler can stay in one spot. We do this for buskers, so why not panhandlers. This
would offer police and bylaw something they could actually enforce without walking on the right of all
Nelson citizens and visitors to enjoy our streets.
Thank you.
Diane Hand
Handsels
505 Baker St.
Thanks for running with this. We have a store at 327 Baker and have fairly frequent dealings with
Panhandlers / Street people who like to hang out in the Masonic doorway and sometimes in front of
Subway.
Our take on the situation is that we have relatively few problems with Panhandlers / Street people and
those problems tend to be seasonal such as before Shambala for example. When we do have
problems the Bylaw Officers and the Police seem to be able to effectively deal with the situation. If the
police feel they need more powers to be able to more effectively deal with the situation in Nelson then
we are in favor of supporting our Bylaw and Police force.
On a slightly deeper level of analysis there are longer term solutions needed for the issue of panhandling
and street people. Our mental health care, for example, is very inadequate and leaves a lot of work for
people like our Bylaw and Police force who probably shouldnt be on the front line dealing with mental
health problems. Its a very costly and, unfortunately, not very effective way to handle mental health
problems in our, and other, communities.
Regards,
Michael Collier
Kutenai Clothing
can't make the meeting tomorrow. i as a business owner for 20 years on baker st we don't want
panhandling or busking in front of my store ever. it is not what i want people to have to walk
through to get into my shop . it should be contained somewhere out of everyone's way . perhaps
another town ?.
Jeff Grosch
--
From:
To:
Subject:
Date:
Brad Howard
Joanne Caldecott
Nelson Senior Coordinating - Pan Handler Bylaw Feedback
October-19-15 12:52:52 PM
The Seniors Coordinating Board does not see the issue of inappropriate or aggressive pan
handlers being a Seniors issue. It affects us in the same way it affects everyone else.
However as a generalization Seniors react more passively, defensively and are less likely to
confront. We simply will move away or avoid. So the negative effects are business lose
customers, and sidewalks and known pan handler areas (sidewalks) are avoided.
Members did identify pan handers near cash machines when people and/or seniors getting
money, also pan handlers in near door ways, grocery stores, etc. when people are going in
or out. We are not clear on how a bylaw will change\improve a situation. Specific problems
come down to various locations and specific individuals. The issue requires clear policy
communication from the City and appropriate judgement by the Bylaw officers. Generally
we do not see pan handling as a priority issue at this time.
Brad Howard
Chair, Nelson and District Seniors Coordinating.
From:
To:
Subject:
Date:
Attachments:
Joanne Caldecott
Re: Panhandling Bylaw for review
October-20-15 11:49:25 AM
image005.png
wrote:
Hello Mildred,
I have left a voice message for you today and wanted to follow up about City
Councils request for feedback on the Panhandling Bylaw.
Jo Caldecott
Deputy Corporate Officer
City of Nelson
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Bus Stop
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
___________________________________________________________________________________________________
Page 1 of 4
"City"
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;
___________________________________________________________________________________________________
Page 2 of 4
l)
Panhandle
"Person"
Street
Trust Company
2. GENERAL REGULATIONS
2.1
2.2
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.
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;
___________________________________________________________________________________________________
Page 3 of 4
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
4. CITATION
4.1.
This bylaw may be cited as The Corporation of the City of Nelson Panhandling
Bylaw No. 3321, 2015".
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
___________________________________________________________________________________________________
The Corporation of the City of Nelson
Panhandling Bylaw No.3321, 2015
Page 4 of 4