Amendments to Parks and Public Places Bylaw No. 986 Staff Report

Amendments to Parks and Public Places Bylaw No. 986

RECOMMENDATION:

THAT the report dated December 1, 2022, from the Bylaw Enforcement Officer titled “Amendments to Parks and Public Places Bylaw No. 986“be received for information

PURPOSE:

To establish bylaw amendments to the Town of View Royal’s Parks and Public Places Bylaw that limit the opportunities for homeless encampments.

TIME CRITICAL:

The Bylaw has received 3rd reading in July 2022. Delay in adoption will result in a lack of ability to manage encampments effectively.

EXECUTIVE SUMMARY:

These bylaw amendments are because of extensive RCMP and neighboring jurisdiction consultation and realizes a consistent platform for enforcement. These bylaw amendments as well as observed experiences in our parks make these amendments critical. The Charter allows people to shelter in any park or open public space. These amendments regulate and control where an encampment can be set up and offers enforcement techniques and tools to manage the designated spaces in the event of an extended stay or occupation.

BACKGROUND:

Parks and Public Places Bylaw No. 986, 2018 does not provide the necessary tools to conduct effective bylaw enforcement in municipal parks.

Parks and Public Places Bylaw No. 986, 2018 requires updating and streamlining to meet current physical and legislative changes. The Town’s parks are spaces which residents enjoy. To ensure this continued enjoyment, staff require enforceable bylaws that can be utilized at the appropriate level, whether that be warnings or fines.

The proposed changes are not intended to alter the compliance-based approach of the bylaw enforcement department, only provide staff with necessary tools.

DISCUSSION:

In updating Parks and Public Places Bylaw No. 986, 2018, two sections are proposed to be added. The first section is intended to govern camping in parks through time restrictions and placement (siting) of structures while the second section deals with removal and impoundment of property related to bylaw infractions.

Although efforts to house the homeless population have been significant and reduced the number of people that genuinely need and want housing, there are still individuals that will seek out areas in parks where they can erect structures. Once in place, these people are difficult to displace and have significant impacts of the usage in the affected park. Therefore, the current Parks Bylaw No. 986 with proposed section updates, will give the necessary enforcement tools to the Bylaw Department when required.

The Bylaw Department has reviewed the parks bylaws and MTI schedules from neighboring municipalities in the Capital Regional District, including Victoria, Saanich, Colwood, Langford and Sidney, to compare to the current Parks Bylaw No. 986 and associated fine amounts. Coupled with this review, staff have looked at the previous Parks Bylaw No. 986 files from the past three years.

The proposed bylaw amendment has also had a legal overview to ensure effectiveness.

The table below lists the number of parks files which includes camping calls received both on Town and Ministry of Transportation and Infrastructure property. The spreadsheet clearly illustrates the increase in these calls since 2019:

Parks Bylaw Complaints 2019-2022

1. As View Royal does not have accessible shelter accommodations, and persons choosing not to access services in our neighboring municipalities have a right established by the courts to camp in parks, the following are the proposed restrictions on camping activity, in order that the Town can manage it:
   • Limit the time in which camping can take place
     1. The time limit will state 7:00 p.m. – 7:00 a.m.
     2. If the time were extended past 7am, given the realities of moving people, it would extend unreasonably into the day
     3. Resources are accessible during daytime hours
     4. 7:00 p.m. allows for set up before darkness for a large part of the year
   • Limit the possible siting of camping within a park
     1. Certain parks will be identified as allowable parks based on their size, location, and ability to camp away from restricted features i.e., playgrounds which will allow for more discreet camping
   • Identify parks in which camping is outright prohibited:
     1. Aldersmith Park
     2. Baur Park
     3. Burchill Park
     4. Burnside/Watkiss Park
     5. Caton Lane Park
     6. Chalmers Court Park
     7. Chancellor Park
     8. Chilco Park
     9. Craigflower Creek Park
     10. Duffus Trail Park
     11. Eagle Creek Park
     12. Edwards Park
     13. Evelyn Heights Park
     14. Francis View Park
     15. Game Nature Park
     16. Garry Oak Meadows Park
     17. Glenairlie Park
     18. George's Corner Park
     19. Heddle Park
     20. Helmcken Centennial Park
     21. Highbank Park
     22. Jalan Park
     23. Kelvin Grove Park
     24. Knockan Hill Park
     25. Knollwood Park
     26. Lime Kiln Park
     27. Marler Park
     28. Mellor Park
     29. Newstead Park
     30. Nursery Hill Park
     31. Parkcrest Park
     32. Parson Bridge Park
     33. Price Park
     34. Richards Island
     35. Robin Hill Park
     36. Seabird Park
     37. St. Giles Park
     38. Stoneridge Wetland Park
     39. Thetis Lake Overflow
     40. Welland Legacy Park
     41. Wilfert Park
   • Prohibit camping in environmentally sensitive areas
     1. i.e.: Stoneridge Wetlands, beaches etc.
   • Prohibit camping in facilities
     1. i.e.: baseball diamonds, sport courts, bike parks, etc.
   • Prohibit camping in public spaces
     1. boulevards, washroom facilities, pathways, bridges, gazebos, etc.

Colwood is the most recent municipality to amend their parks bylaw to address this issue. As an appropriate comparison model, an excerpt from Colwood’s bylaw is listed below:

City of Colwood Parks Management Bylaw No. 1771:

5. Temporary Overnight Shelters

1. Except as provided in subsection (2) no person shall:

   1. camp overnight in or on any portion of any park or beach;
   2. construct or place in or on any portion of any park or beach a tent or temporary building or structure without first obtaining a special event permit;

2. Where there is no accessible overnight shelter accommodation available within the City of Colwood or the vicinity thereof, a person who has neither a fixed address nor a predictable safe residence to return to on a daily basis may, subject to the restrictions set out in subsection (3), erect, and occupy a temporary overnight shelter in a park.

3. A temporary overnight shelter permitted under subsection (2) must not be erected before 7:00 pm on any one day and must be taken down and removed before 8:30 am on the next day.

4. A temporary overnight shelter permitted under subsection (2) must not be erected or occupied at any time upon or within;

   1. 40 metres of any: i. playground, spray parks or pools; ii. horticultural display areas or gardens; iii. skateboard bowls, tennis courts or other sport courts; iv. sport fields, stadiums or dugouts; v. stages or bleachers; vi. washroom facilities, picnic shelters or gazebos; vii. recreation facilities; viii. beaches; ix. cemeteries; x. golf courses; xi. pathways, bridges, boardwalks, docks or wharves; xii. roads, driveways, or parking facilities. xiii. any land designated in the Land Use Bylaw as P5 Zone Natural Park; or xiv. area of a park that has been designated for an event or activity under a valid and subsisting permit issued by the City.
   2. 10 metres of an established trail, sidewalk, or private property; or
   3. an environmentally sensitive area.

5. In addition to abiding by the regulations in section 4(1) and 4(2) of this Bylaw, a person who has erected a temporary overnight shelter permitted under subsection (2) must not:

   1. obstruct a highway or interfere with the lawful use of a person or vehicle using a highway.
   2. obstruct a city employee in the performance of their duties.

6. Any temporary overnight shelter erected or occupied in a park, beach, or public open space contrary to subsection (1) constitutes a chattel unlawfully deposited in a park, beach or public open space which may be removed, seized, impounded, sold, or disposed of in accordance with the provisions of section 6.

Below is a table of the above noted restrictions addressed by neighboring municipalities:

Restrictions:

Staff would like Council to consider giving first, second and third reading to both Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022 (see Attachment “A”) and its associated Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1094, 2022 (see Attachment “B”) at the appropriate time in the agenda.

FINANCIAL IMPLICATIONS:

The costs associated with using an injunction method to dismantle or prevent encampments are significant and would very quickly become a financial burden on the Town. Neighboring jurisdictions has seen excessive costs associated with management of these issues through the courts and through legal means.

ALTERNATIVES:

That Council does not proceed with adoption of the Bylaw and rely on voluntary compliance (campers) to disband extended or daytime encampments or occupations of our parks. This alternative is not recommended

CONCLUSION:

THAT the report dated December 1, 2022, from the Bylaw Enforcement Officer titled “Amendments to Parks and Public Places Bylaw No. 986“be received for information. AND that Council give proceed with adoption of bylaw 1095 and MTI Bylaw 1094.

ATTACHMENTS:

Attachment A – Proposed Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022

Attachment B – Proposed Municipal Ticket Information Bylaw No. 643, 2007, Amendment Bylaw No. 1094, 2022