Council revisits community standards bylaw

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This article was published 03/06/2023 (1035 days ago), so information in it may no longer be current.

A new community standards bylaw up for final approval at the next Brandon City Council meeting would more clearly define offences residents can be fined for like panhandling and graffiti.

First brought up at a council meeting last year, Bylaw no. 7351 amends existing city standards to add more depth to the list of ticketable offences and provide clearer definitions for them.

It also consolidates existing bylaws on nuisances and derelict vehicles into a single bylaw as well as moving some clauses to the new bylaw from the existing building safety and property standards bylaw.

A companion bylaw receiving first reading at Monday’s meeting will eventually define the costs imposed for those ticketed under the new offences.

For instance, ticket code 62 under the current bylaw is for being “drunk/disorderly in (a) public place.”

Should the amendments be passed, there would be four offences listed under ticket code 60: “cause disturbance in public place,” “loitering,” “panhandling” and “disruptive outdoor lighting.”

Those new offences are also given definitions under the bylaw.

Panhandling is defined as “to ask for a gratuitous donation of money, food, or goods of any kind, whether by spoken or printed word, or bodily gesture, but does not include the solicitation of charitable donations allowed or authorized by any legislation permitting the solicitation of charitable donations.”

During last year’s municipal election, multiple candidates said residents they’d spoken to were concerned about aggressive panhandlers, especially around the Corral Centre.

Loitering’s definition is “to stand around or move slowly about without apparent purpose or action.”

Other issues addressed by the bylaw include adding standards for preventing properties from becoming untidy or unsightly, graffiti, the treatment of street furniture like light poles and benches, idling vehicles and noise control.

New to the bylaw since second reading in December is an amendment that, if approved, would require a person to “maintain any sidewalk adjacent to premises or property they own or occupy and clear off all snow and ice within 24 hours of a snowfall ending remove all snow and ice to the bare surface, including between snowfalls when drifting occurs.”

Providing some historical context in December, Brandon Police Service Chief Wayne Balcaen said the nuisance bylaw has been in place since 1991 and the derelict vehicles bylaw since 1997.

Speaking to the Sun Friday, Balcaen said the amendments were inspired by feedback given to city staff and city councillors. There was also a desire to update older bylaws to match modern reality.

“Looking at the Canadian landscape and doing a jurisdictional scan, we found many other jurisdictions that have panhandling bylaws,” Balcaen said as an example. “So, might as well add to our ability to mitigate some of the problems.”

Having specific definitions for some of these offences will make it easier for officers to take the steps needed to rectify them, Balcaen said.

“A lot of these issues are socially driven issues,” he said. “People who are living with poverty, mental health or addictions issues. It gives us another avenue to do some enforcement but also make reference to appropriate agencies who can help more so than the police can in these situation.”

Codifying these offences doesn’t necessarily mean police will ticket people for every example, but it will provide them with the discretion to enforce the rules if they see fit to do so.

Last September, Balcaen told city council that BPS was down to just four bylaw officers after a pair of departures. Since then, the chief said replacements for those positions have been found and two more bylaw officers are set to start work later this month on top of that.

Background checks are currently underway for applicants to the BPS community safety officer program. Balcaen said it won’t be their primary function, but the community safety officers will have the ability to enforce bylaws if needed.

Also on Monday, Coun. Bruce Luebke (Ward 6) will introduce a motion calling for the city to renegotiate its funding agreement with the Western Manitoba Regional Library.

In a document attached to the meeting agenda, Luebke writes that while the city provides the library with annual funding from a per capita levy, the city has no control over how it is spent.

“In order to provide cost certainty and to ensure that the taxpayers of Brandon are properly represented, it is imperative the City of Brandon have some control over how taxpayer funds are spent including in the support of the WMRL,” the document states.

While the city and the library have a lease agreement in place for the building at 710 Rosser Ave., Luebke writes that the library does not credit the city for the full amount of the rent subsidy it is provided.

The final element Luebke raises is also regarding the library’s home. In recent years, the city has explored potential renovations to the building, which also houses the Art Gallery of Southwestern Manitoba.

With the city still investigating the renovation — or replacement — of the building, Luebke writes “having a commitment from the WMRL to allocate capital funding to the project would be of assistance in helping get the projects initiated.”

Also on the agenda for Monday’s meeting is a presentation from Ross Robinson on Community Mobilization Westman and a presentation from Grant Hamilton on a new federally funded project exploring new active transportation options for Brandon.

A request from Section 6 Brewing Company to hold a block party in partnership with the Brandon Downtown Development Corporation, The Dock on Princess and Kickin’ Axe Throwing on June 23 will be heard as well.

» cslark@brandonsun.com

» Twitter: @ColinSlark