AMENDMENT TO PARKS AND PUBLIC PLACES BYLAW NO. 986, 2018, AMENDMENT BYLAW NO. 1095, 2022

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: August 29, 2025 FROM: Rob Carrie, Bylaw Compliance Officer MEETING DATE: September 16, 2025

AMENDMENT TO PARKS AND PUBLIC PLACES BYLAW NO. 986, 2018, AMENDMENT BYLAW NO. 1095, 2022

RECOMMENDATION:

THAT third reading of Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022 be rescinded;

AND THAT Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022 be amended;

AND FURTHER THAT Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022 be given third reading as amended.

ALTERNATIVE OPTIONS:

• Option #2: Approve the alignment of the Municipal Ticket Information Bylaw No. 643 Amendment Bylaw No. 1094 (MTI) (Attachment B) with the bylaw, excluding the camping section amendments.
• Option #3: Maintain the current status quo, where the bylaw and MTI remain misaligned, rendering the Parks and Public Places Bylaw unenforceable.

PURPOSE:

The purpose of this report is to formally adopt amendments to the Parks and Public Places Bylaw of the Town of View Royal, with the aim of limiting the areas for people experiencing homelessness to create encampments. The Bylaw Department will be seeking adoption of the corresponding MTI Amended Bylaw No. 1094 at the meeting when the Parks and Public Places Bylaw No. 1095 comes forward for adoption.

BACKGROUND:

The current Parks and Public Places Bylaw No. 986 is in contravention of the BC Supreme Court (Abbotsford (City) v. Shantz, 2015 BCSC 1909) ruling which allows individuals to erect structures and sleep in the municipality’s public spaces and parks between the hours of 7:00 p.m. and 9:00 a.m.

Bylaw No. 986 currently does not give the Bylaw Department the necessary tools required to enforce the bylaw.

The proposed amendments to the Parks and Public Places Bylaw (Attachment A) aim to address the pressing issue of an increase in individuals experiencing homelessness by creating clear expectations for camping within the municipality. These amendments, supported by extensive consultation with the Royal Canadian Mounted Police (RCMP) and neighbouring jurisdictions, establish a consistent enforcement framework to regulate specific areas where encampments can be established.

Key amendments include reducing the camping restriction distance from 100 metres to 10 metres and incorporating private property into the prohibited camping areas, aiming to address concerns regarding proximity to residential areas.

Delaying adoption of these amendments may result in ineffective management of encampments, potentially leading to increased costs associated with enforcement measures.

At the Special Council meeting held December 13, 2022, direction was given to staff to include Portage Park and Portage Linear Park in the list of prohibited parks, permitting camping exclusively at View Royal Park. Furthermore, Council requested that Section 18.3 be updated to restrict camping within various areas of a park, reducing the distance from 100 metres to 10 metres and to include private property. The diagram below illustrates the designated non-camping areas at View Royal Park.

18.3 at any time within 10 metres of: (a) a playground, tennis court, sports field, or dugout (b) a footpath or road within a Park Area, (c) washroom facilities, picnic shelters or gazebos (d) a horticultural display area or community garden (e) a Beach (f) an Environmentally Sensitive Area (g) private property (h) other temporary structures

After further review, the Bylaw Department recommends the following additional amendments to Bylaw No. 1095:

Section 1.0 Interpretation:

“Chattel” means any item of moveable personal property but does not include a motor vehicle.

“Hazardous Material” includes items, agents, substances or materials which may be hazardous to human health or the environment, and includes, but is not limited to, fuel, harmful chemicals, noxious substances, animal or human waste, mold, food, controlled substances within the meaning of the Controlled Drugs and Substances Act, weapons (real or imitation), sharp objects, needles, or any other similar item, agent, substance or material, and includes property of things that may be contaminated by any of the foregoing.

“Person Experiencing Homelessness” – means a person who has neither a fixed address nor a predictable safe residence to return to on a daily basis

“Refuse” means all manner of rubbish, trash, garbage, litter, debris, rubble, demolition waste, discarded or disused objects or construction materials, materials or items, junk, unused or dismantled electronic devices, machinery, old, discarded or unused mechanical or metal parts, glass or plastic bottles or objects, tin cans or other metal containers, paper, glass, pipes, dilapidated furniture, inoperative appliances and other similar things, and unused wood or wood products or hazardous material;

“Structure” means anything constructed or erected on a property, the use of which requires location on the ground or attachment to something having location on the ground, but does not include landscaping, walkways, driveways, or parking lots;

“Town” means the Town of View Royal;

Section 2.0 Conduct in Parks Areas:

(h) No person, except an agent or employee of the Town in the course of their duties, or person acting in accordance with a permit issued under this Bylaw, shall abandon, deposit, dispose of, store or leave unattended any chattel in or on any park or public land.

ANALYSIS:

Impacts and implications can be summarized as follows:

ALIGNMENT:

The recommended option aligns with the Town’s following core guiding documents as follows:

PUBLIC PARTICIPATION GOAL:

The desired level of public participation for the recommended option is:

☒ Inform ☐ Consult ☐ Involve ☐ Collaborate ☐ Empower

TIME CRITICAL:

Other municipalities are significantly increasing engagement and enforcement related to people experiencing homelessness. As a result, the Town is seeing a rapid rise in both the number of individuals and temporary structures. It is imperative that the Bylaw No. 986 be amended before an encampment develops in a location that could substantially impact residents.