Nelson council bans ‘nuisance’ behaviour on the street

Also prohibited: obstructing a sidewalk

Nelson bylaw officers and police will soon be empowered to impose a $50 fine for any pedestrian being a nuisance on a city street. (For early payment it’s $20 and for late payment $100.)

The definition of nuisance includes screaming, shouting, swearing, using insulting or obscene language, urinating, defecating, and participating in a violent confrontation or struggle.

And there will be another fine, with the same penalties, for obstructing a street or sidewalk.

These measures passed third reading at Nelson council meeting on Monday. They still have to come back for a final adoption vote at a later meeting. The changes are contained in a proposed amendment to Nelson’s Traffic (Pedestrian Regulations) Bylaw.

For several years council has been trying to decide what to do, if anything, about panhandling and the street population in the face of complaints from businesses and citizens.

In May, 2016, a proposed bylaw designed to control panhandling passed third reading with four to three vote, but later, in July, the bylaw did not pass final adoption because Councillor Michael Dailly changed his mind and voted against it.

Council decided then that it wanted to bring the matter back in September, 2017, after the newly created street outreach team had had a chance to do its work.

In the meantime, in June, 2017, council extended its non smoking bylaw (including the smoking of cannabis) to a long list of public places.

The issue in 2018, according to Mayor Deb Kozak at Monday’s meeting, is “how to gracefully handle some of the social issues on our streets and how to handle them with some dignity and respect. We consulted broadly with community, with social and business sectors and we have a full-time beat officer once again. We have a street outreach team and we work hard to make sure there is civility in our streets.

“But we want to help our police and bylaw department have a few more tools in their belt,” she said.

Kozak said the city cannot pass a bylaw outlawing panhandling because according to the Charter of Rights and Freedoms, asking for money is not illegal.

“This is not about people asking for money, this is about how people behave in our downtown core,” she said.

Kozak said the enforcement of the bylaw will start with information and education before fines are levied.

Related stories in the Nelson Star:

• Nelson panhandling bylaw passes third reading (May 2016)

• Nelson council rejects panhandling bylaw (July 2016)

• Fifty two businesses call for action from Nelson council (May 2017)

• Nelson Chamber of Commerce asks for smoking and panhandling bylaws (May 2017)

• Street outreach team to continue another year (Sept. 2017)

Dailly said he agrees with the bylaw and with the education aspect.

“I am glad we are talking about education so people know that it is not OK to lie down in a doorway and go to sleep, but at the same time this is our most vulnerable people and we need to find better ways to ensure they do not end up on the street. And I just want to make sure we have enough people to go out there and talk to these people and let them know what’s OK and what’s not.”

Dailly said he wants people to know about the provincial Safe Streets Act.

“We have the Safe Streets Act and they ought to call the police if they feel obstructed or threatened in any way … and it going to be those repeat people that are treated more effectively by the court system and maybe banned from downtown if they are going this repeatedly.”

The Safe Streets Act prohibits panhandlers from obstructing the passage of pedestrians, touching a person, continuing to approach a person who has given a negative response, approaching in groups of two or more, obstructing traffic, panhandling people in parked vehicles or vehicles at a stop light, and panhandling within five metres of an ATM, pay phone, or public washroom.

The Act can only be enforced by a police officer, whereas the city bylaw could be enforced by a bylaw officer. Penalties under the Act start at $86 as opposed to $50 under the bylaw. And enforcement under the Act involves a criminal prosecution and a court process, while the bylaw involves a ticket and a fine, similar to a parking ticket.

The city consulted representatives of the police, the social sector and the business sector on the new pedestrian regulations, according to materials presented by city staff to council.

“The social sector expressed concern that some of the street population may be challenged by the language although alternate language was not provided. The police indicated that more specific language with respect to defining ‘obstruction’ would be preferred although they are comfortable with applying discretion. The business sector strongly indicated that they would prefer stronger language, including specifics about where panhandling is permitted.”

Just Posted

Unregulated private land logging continues near Nelson at Cottonwood Lake

Sunshine Logging of Kaslo is cutting on private land in the area of Giveout Creek Road

Aboriginal Day in Trail

Passion, pride and culture were on brilliant display at Gyro Park on Sunday

30 degrees and warmer forecasted with heat wave in B.C.

The weather could stay well into next week, according to Environment Canada

First meeting of Columbia River Treaty talks went well, minister says

Two-day meeting in U.S. capital in May set out values and goals

The only firestorm in Trail was on social media

Power outage set off alarms at Teck Trail; company says no fire or flooding

Canada won’t ‘play politics’ on U.S. migrant children policy

The U.S. government is under fire over its ”zero tolerance” policy

Late goal gives England 2-1 win over Tunisia

At the last World Cup in 2014, England couldn’t even win a game

Canadian military police officer pleads not guilty to sex assault

Sgt. Kevin MacIntyre, 48, entered his plea today at a court martial proceeding in Halifax

RCMP identify Beasley body, foul play suspected

The remains of Lemar Halimi were discovered in May

Unregulated private land logging continues near Nelson at Cottonwood Lake

Sunshine Logging of Kaslo is cutting on private land in the area of Giveout Creek Road

Cheers erupt as Federal Court judge approves historic gay purge settlement

Gay military veterans said they were interrogated, harassed and spied on because of their sexuality

Remains of two people found on Vancouver Island

Officials have not said whether or not the remains belong to two missing men, last seen in Ucluelet in mid-May

Helping B.C.’s helpers cope

The MRT has helped almost 7,000 first responders and street workers in 57 communities in B.C.

Border officials argue B.C. man’s Facebook posts threat to Canada’s security

A B.C. Supreme Court judge acquitted Othman Hamdan of terrorism charges last September

Most Read