Protective Services Report: Parks & Public Spaces Bylaw No. 986

Protective Services Report

TO: Committee of the Whole DATE: May 7, 2019 FROM: Mark Groulx, Bylaw Enforcement Officer MEETING: May 14, 2019

Parks & Public Spaces Bylaw No. 986

RECOMMENDATION:

That the Parks and Public Spaces bylaw be amended to permit overnight camping in all parks with all the applicable restrictions as described in the May 7, 2019 report prepared by the Bylaw Enforcement Officer.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICES’ COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To receive authority to amend the current Parks & Public Spaces Bylaw No. 986.by limiting opportunities for camping and adding tools for enforcement.

BACKGROUND:

Over the past few years, communities throughout British Columbia have faced numerous issues associated with the long-term occupations of both parks and public spaces. ‘Homeless occupations” have resulted in considerable damage and are a risk to public safety. Many of these communities attempted to mitigate the effects of this activity by way of their existing Bylaws.

In 2015, a community in British Columbia removed a “homeless encampment” utilizing their Bylaw. This action was challenged in court and the Honorable Chief Justice Christopher Hinkson in the Supreme Court of BC ruled in favor of the plaintiffs.

The judge concluded “that there is a legitimate need for people to shelter and rest during the day and no indoor shelter in which to do so. A minimally impairing response to balancing that need with the interests of other users of developed parks would be to allow overnight shelters to be erected in public spaces between 7:00 p.m. and 9:00 a.m. the following day." Judge Hinkson further stated that: “I conclude that allowing the City's homeless to set up shelters overnight while taking them down during the day would reasonably balance the needs of the homeless and the rights of other residents of the City,"

DISCUSSION:

The decision enabled “homeless citizens” the ability to camp overnight in public parks. His decision specifically stated that parks and public spaces may be designated by communities to permit overnight camping between the hours of 7pm-9am the following day. It also permitted communities the latitude to identify “environmentally sensitive” areas where overnight camping would not be permitted. The results of the decision directly impact how municipalities are to manage the ‘homeless encampment’ issues in their parks and public spaces.

Local Governments are responding to these decisions by amending their parks and public spaces bylaws and adopting language supported by the decisions of the court.

Many communities have established bylaws that prohibit overnight camping in specific areas. A general prohibition of camping leaves the location of overnight camping to the discretion of the homeless.

The bylaw enforcement staff believe that a more regulated approach will result in a more acceptable situation when homeless persons choose to camp in the Town of View Royal Parks. The following framework needs consideration:

People who need to shelter overnight in a park as a result of experiencing homelessness, may do so under these conditions:

• Overnight sheltering must be temporary (tent, tarp, no permanent structures, etc.) between 7 p.m. and 9 a.m. the following day.
• Shelters and personal property must be removed by 9 a.m. In the case that property is left unattended, Parks staff will remove the property, store only those items that have value (for 30 days) and dispose of the remainder.
• Fires and smoking are prohibited.
• Some parks and specific areas of parks are off limits to all temporary sheltering.

Each community depending on their specific needs may establish appropriate restrictions for camping including distance parameters from sensitive areas.

Prohibited areas include:

• environmentally sensitive areas;
• all parks designated as Natural Areas (see map);
• within 3m of playgrounds, spray parks or pools;
• horticultural display areas or gardens;
• within 3m of skateboard bowls, tennis courts or other sports courts;
• within 3m of sports fields, stadiums or dugouts;
• within 3m of stages or bleachers;
• within 3m of washroom facilities, picnic shelters or gazebos;
• within 3m of recreation facilities;
• beaches;
• cemeteries;
• golf courses;
• pathways, bridges, boardwalks, docks or wharves; and
• roads, driveways or parking facilities.

Provisions regarding “Chattels” should also be included within the Parks & Public Spaces Bylaw to ensure items/ wares associated to Homeless encampments or overnight camping are dealt with. They would include provisions that address the seizure, impoundment, removal, storage and return or disposition of chattels.

The Bylaw department consulted with legal services learned that our current Parks Bylaw and its restrictions would not withstand the scrutiny of the courts.

Bylaw conducted research on the parks’ bylaws of several neighboring municipalities to determine the common theme on how to address the issue of camping overnight in public parks. The Bylaw officer learned that all had either recently initiated or undergone a change to their respective parks’ bylaws. All those contacted created similar amendments that enabled enforcement in the context of the Supreme Court decision.

Options

1. That no amendment be made to the existing Bylaw and that we continue to enforce the existing Parks & Public Spaces Bylaw No. 986.

   If an occupation or overnight camping were to occur within any of the Town of View Royal Parks, Bylaw Enforcement officer’s enforcement action is limited issuing tickets and the use of court injunction. Consultation with the RCMP indicates they will be able to assist at times when a civil injunction is obtained.

2. That the Parks and Public Spaces bylaw be amended to permit overnight camping in all parks with all the applicable restrictions as described in the May 7, 2019 report prepared by the Bylaw Enforcement Officer.

3. That the Parks and Public Spaces bylaw be amended to permit overnight camping in designated parks with all the applicable restrictions as described in the May 7, 2019 report prepared by the Bylaw Enforcement Officer.

BUDGET IMPLICATIONS:

Cost of legal services to assist in creating a new amendment less than $10,000.

RECOMMENDATION:

That the Parks and Public Spaces bylaw be amended to permit overnight camping in all parks with all the applicable restrictions as described in the May 7, 2019 report prepared by the Bylaw Enforcement Officer.

SUBMITTED BY:

M. Groulx, Bylaw Enforcement Officer

REVIEWED BY:

P. Hurst, Director of Protective Services