THE CORPORATION OF THE CITY OF NELSON

REQUEST FOR DECISON

DATE:
TOPIC:

July 4, 2016 Regular

Bylaw Enforcement Guiding Policy 4000.00.010 and
Panhandling Bylaw No. 3321, 2015
PROPOSAL:
Adoption of policy and bylaw
PROPOSED BY: Staff
________________________________________________________________________
ANALYSIS SUMMARY:
At the May 2nd Regular Council Meeting, the Citys new Panhandling Bylaw was brought
forward after a six month delay following first and second reading in November 2015.
Staff provided the additional information requested by Council, and the bylaw received third
reading. At the May meeting Council requested that staff ensures policy is in place to guide
enforcement of the new Panhandling Bylaw prior to adoption of the bylaw. Accordingly the
Councils Bylaw Enforcement Guiding Policy has been amended for panhandling
enforcement and is presented for adoption. In addition, the Panhandling Bylaw No. 3321 is
presented for final adoption
BACKGROUND:
There has been reference in comments provided that instituting a Panhandling Bylaw
equates to criminalizing panhandling. Council does not have the authority to criminalize;
that is a Federal authority. Council does have authority to regulate public spaces (Section 8
of the Community Charter).
There was also reference, both at the October 26, 2015 Committee of the Whole meeting
and in a written submission, regarding the Safe Streets Act. The following are prohibited by
both the Panhandling Bylaw and the Safe Streets Act:
1. Obstructing the passage of pedestrians.
2. Touching a person.
3. Continuing to approach a person who has provided a negative response.
4. Approaching a person in a group of 2 or more.
5. Panhandling in a manner which obstructs flow of traffic.
6. Panhandling occupants of motor vehicles that are parked, stopped at a traffic light or
loading/unloading.
7. Cannot panhandle within 5 metres of an: ATM, pay telephone, public washroom.
The Panhandling bylaw additionally prohibits:
1. Panhandling within 5 metres of a financial institution, bus stop, bus shelter, liquor
store, movie theatre, sidewalk caf, place of worship entrance.
2. Panhandling after sunset.
3. Impeding access/egress from a business.
4. Panhandling from persons seated at a sidewalk caf.
The Safe Streets Act provides authority for a Peace Officer (as defined in the
Interpretation Act) to act if they believe an offence has been committed under the Act. It is
staffs opinion that a Bylaw Enforcement Officer does not meet the definition of a Peace
Officer under the Interpretation Act. The Safe Streets Act provides that a Peace Officer may

arrest persons committing an offence under the Act, Bylaw Enforcement Officers to not
have the power of arrest. Therefore enactment of a bylaw is required to provide authority to
Bylaw Enforcement officers to regulate panhandling matters.
Additional information has been gathered since that time which includes:
1. At the February 2016 Committee of the Whole meeting, a gentleman who has been
busking in Nelson for the last 12 years spoke of the challenges he is facing as a
busker with the increased volume and aggressiveness of panhandling on the City
streets. The gentlemen expressed his concerns that he (as well as the panhandlers)
makes his living working on the streets and that there are rules (City Policy) that
buskers must work within and feels it is unfair that rules are not equally applicable to
people that are panhandling.
2. Additional comment has been received from the business community expressing
concerns about safety in the downtown core and the increasing volume and
aggressiveness of panhandling. Attached is a letter from a realtor in Nelson and their
experience with a potential new resident to Nelson.
3. The Street Culture Collaborative Initiative was presented to Council at the March
Committee of the Whole meeting. As this initiative continues to evolve, it will provide
Council with alternative options to address the Citys street culture that can work in
concert with the Citys regulatory scheme.
4. Further questions were asked about the need to have a Panhandling Bylaw when
there is Provincial Legislation in the form of the Safe Streets Act. Additional
information was provided by the Nelson Police Department on the effectiveness of
the provincial legislation. In 2015, 24 files were created under the Safe Streets Act;
21 of those were warnings, 2 resulted in tickets and 1 a criminal charge. The Nelson
Police Department indicated that most matters involving panhandling would be more
appropriately addressed in a bylaw enforcement scheme due to the primarily nonserious nature of the incidents while retaining the ability to escalate more serious
matters through the court system using the Safe Streets Act.
5. It is recognized that issuing penalties to persons who may be at the poverty line does
not make common sense. Staff has held discussions with the Restorative Justice
Coordinator who feels that Restorative Justice is a good tool that can used in dealing
with panhandling offences. In order for Restorative Justice to apply, an offence must
first be recognized (in this case a bylaw offence rather than a criminal offence).
It should be noted that provincial legislation restricts bylaw offence mechanisms to Swearing
of Information (Court proceedings), Municipal Information Tickets and Bylaw Enforcement
Notices; these are the tools that must be used in the regulatory scheme. Council can
however, provide direction to staff as to how they would like bylaws to be enforced through
policy. Council has a Bylaw Enforcement Guiding Policy, it has been amended to
incorporate the Panhandling Bylaw.
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.
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.
This bylaw regulates the use of public streets and roadways. Council has other policies and
bylaws regulating streets and roads as follows:
1.
2.
3.
4.
5.

The Traffic Bylaw

Street, Mobile Vending & Sales Policy
Street Performers & Entertainers Policy
Sidewalk Vending & Sales Policy
Temporary Licence of Occupation Policy

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
OPTIONS AND ALTERNATIVES:
1. Adopt the amended policy
2. Make further amendments to the policy
3. Do not adopt the amended policy
4. Adopt the Panhandling Bylaw
5. Do not adopt the Panhandling Bylaw
6. Refer the bylaw to staff with other direction
ATTACHMENTS:
Amended Bylaw Enforcement Guiding Policy 4000.00.010
Panhandling Regulatory Bylaw No. 3321, 2015

RECOMMENDATION:
That Council passes the following resolution/s:
1. THAT Bylaw Enforcement Guiding Policy No. 4000.00.010 be adopted as amended on
June 7, 2016; and
2. THAT the Corporation of the City of Nelson Panhandling Regulatory Bylaw No. 3321,
2015 be finally adopted.
3. THAT Bylaw Enforcement staff report to Council in March/April 2017 regarding
outcomes of enforcing the new Panhandling Bylaw.
AUTHOR:

REVIEWED BY:

__________________________
DIRECTOR OF CORPORATE
SERVICES

____________________________
CITY MANAGER

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

Bylaw

means the Citys Bylaw Notice Enforcement Bylaw

as amended or replaced from time to time;

___________________________________________________________________________________________________

The Corporation of the City of Nelson

Panhandling Bylaw No.3321, 2015

Page 1 of 4

"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) Lie on a Street while panhandling;
b) Sit on a Street in a manner which obstructs or
impedes the convenient passage of any
pedestrian traffic on a Street, while panhandling;
c) touch a person while panhandling;
d) 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;
e) physically approach and Panhandle from a
pedestrian as a member of a group of two or
more persons;
f) 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;
g) Panhandle from an occupant of a vehicle in a
manner which obstructs or impedes the convenient
passage of any vehicular traffic on a Street;
h) 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.
i) Panhandle after sunset on any given day;
j) Panhandle in such a way as to impede the ability of a
person entering or exiting a place of business;
k) 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;
l) Panhandle from a person seated at a sidewalk caf;
___________________________________________________________________________________________________

The Corporation of the City of Nelson

Panhandling Bylaw No.3321, 2015

Page 2 of 4

m) 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;

___________________________________________________________________________________________________

The Corporation of the City of Nelson

Panhandling Bylaw No.3321, 2015

Page 3 of 4

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 2nd day of May, 2016
FINALLY PASSED AND ADOPTED the

day of

, 2015

____________________
Mayor

____________________
Corporate Officer

___________________________________________________________________________________________________
The Corporation of the City of Nelson
Panhandling Bylaw No.3321, 2015

Page 4 of 4

Bylaw Enforcement Guiding Policy 4000.00.005

Page 1 of 2

THE CORPORATION OF THE CITY OF NELSON

POLICY TITLE:

Bylaw Enforcement Guiding Policy

POLICY NO:

4000.00.005

EFFECTIVE DATE:

June 7, 2016

SUPERSEDES:

June 13, 2011

APPROVAL:

Council

PAGE:

1 of 2

POLICY:
To provide guiding principles on the enforcement of City regulatory bylaws to the Citys
Bylaw Enforcement Department.
PURPOSE:
Nelson City Council is proud of the Nelson community and has created civic bylaws
intended to keep Nelson clean, healthy and safe. Council would like citizens of (and
visitors to) Nelson to be knowledgeable about their rights and responsibilities, and work
together to create healthy neighbourhoods based on mutual respect. Council has created
a philosophy to guide the enforcement of the Citys bylaws.
GUIDELINES:
a.
The primary goal of the Citys Bylaw Enforcement Department shall be to focus on
achieving voluntary compliance by raising awareness of Nelsons community
standards and educating the public about the Citys regulatory bylaws.
b.

Education and communication may include warning tickets, print materials

(brochures, articles in the City newsletter and local newspapers) and information on
the City website which may also provide guidelines addressing the correct process to
make complaints.

c.

The Citys Bylaw Enforcement Department shall be committed to serve and protect
the community and uphold the desired quality of life in Nelson. As ambassadors of
the community, Bylaw Enforcement Officers will conduct their activities in a
professional manner and represent the City with integrity; acting in an accountable
and impartial manner at all times.

d.

Council recognizes that enforcement procedures may vary and issues may be
resolved subject to the volume of complaints received; cooperation of the property
owner or person/s in violation; the specific circumstances of the case; and that some
complaints may be considered a civil matter between two property owners or even be
considered non-enforceable infractions. In all instances however, Council directs
the Bylaw Enforcement Department to follow policy 4000.00.010 in dealing with every
complaint received and that complaints are handled as quickly as possible.

Bylaw Enforcement Guiding Policy 4000.00.005

Page 2 of 2

e.

Council shall direct the Bylaw Enforcement Department regarding those

regulatory bylaws Council wishes to be enforce in the community including but
not limited to:

Animal Regulation and Control including

Pet Owner Responsibilities and Lost Pets

Building Regulations

Business Licenses

Noise Control

Panhandling

Parks

Property Maintenance including Nuisances (Graffiti)

and Unsightly Premises

Signs

Traffic including Parking, Snow Removal and Boulevard concerns

Waste Management including Garbage Storage

Wharf Regulations

f.

Council encourages the Bylaw Enforcement Department to play a pivotal role in

the regular review of City regulatory bylaws and Bylaw Enforcement policies and
procedures. Feedback from the public and relevant stakeholders should be
incorporated where relevant to ensure the Citys Bylaw Enforcement service
delivery follows best practise and retains high standards.

g.

When dealing with an offence related to the Panhandling Bylaw, the attending
officers may refer the ticketed person to the Nelson Police Restorative Justice
program. The Restorative Justice Coordinator will review the referral to determine
suitability for the Restorative Justice program. Should the referral be accepted, and
should the Restorative Justice Coordinator confirm that the program was completed
by the responsible person; the original violation ticket written under the Panhandling
Bylaw shall be withdrawn.