Loitering By-law 94-079

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Being a By-Law to prohibit loitering on streets and municipal property.

WHEREAS Section 210, paragraph 140 of the Municipal Act, R.S.O. 1990, Chapter M. 45 provides that by-laws may be passed by the Councils of local municipalities for prohibiting and abating public nuisances;

AND WHEREAS Bill 51, An Act respecting the Restructuring of the County of Simcoe received Royal Assent on December 14, 1993;

AND WHEREAS the Council of the Corporation of the Town of Bradford West Gwillimbury deems it necessary and expedient to enact a By-Law for the protection of streets and to prohibit loitering on streets municipal property;

NOW THEREFORE the Council of the Corporation of the Town of Bradford West Gwillimbury enacts as follows:

1. Definitions

Definitions for the purpose of this By-Law:

a) ‘Council’ means the elected Council of the Corporation of the Town of Bradford West Gwillimbury.

b) ‘Loiter’ means hang about; linger idly.

c) ‘Person’ means a natural person.

d) Police’ means the Bradford West Gwillimbury Police Service.

e) ‘Street’ includes a common and public highway, road, lane, alley, bridge, sidewalk, roadway, square, place, throughfare, or way.

f) ‘Town’ means the Corporation of the Town of Bradford West Gwillimbury

2. Loitering on streets

That no person in the Town shall:

1. By himself or with other persons loiter upon any sidewalk or segment thereof so as to impede the movement of any other pedestrians.

2. Loiter on any part of any street.

3. By himself or with other persons use any street or sidewalk so as to obstruct or impede access to the front of the entrance to any premises, unless permission is granted for a special event.

4. Loiter on any property owned by the Town.

3. Enforcement

When a Police Officer or Constable or other person appointed for the purpose of enforcing this By-law finds any person loitering on any street, sidewalk, or municipal property in the Town contrary to Section 2 herein, he may direct such person to cease such loitering and move on. No prosecution shall be commenced for a contravention of Section 2 of this By-Law unless a warning has first been given as herein provided.

4. Penalty

Every person who contravenes any provision of this By-law is guilty of an offence and is liable upon conviction to a penalty not exceeding $5,000.00, exclusive of costs and the provisions of the Provincial Offences Act, R. S. O. 1990, C. P.33, as amended, shall apply to the said fine.

5. Repeal Section

That By-law 75-30 of the former Town of Bradford is hereby repealed.

That By-law 94-001 is hereby repealed.

6. Short Title

This By-Law shall be cited as the Loitering By-Law.

7. Force and Effect

This By-Law shall come into full force and effect upon the day of final passage thereof.

By-Law read a first, second and third time and finally passed this 8th day of August, 1994.

Original copy signed Original copy signed

J. Dempster-Evans, Clerk Patrick Storey, Mayor

Provincial Offences Act

Provincial Offences Act letter regarding set fines for By-law 94-079. Signed by Regional Senior Judge, John Evans on March 21, 1997.

Table detailing set-fines for By-law 94-079 includes 4 columns, one for item, one for short form workings, one for section number and one for the set fine including costs.

Note: The penalty provision for the Offences indicated above is section 4 of By-law 94-079, a certified copy of which has been filed.