PROPERTY MAINTENANCE. Chapter 835 GRAFFITI REGULATION CHAPTER INDEX. Article 1 TITLE. Article 2 DEFINITIONS. Article 3 GENERAL PROVISIONS

Similar documents
TORONTO MUNICIPAL CODE CHAPTER 485, GRAFFITI. Chapter 485 GRAFFITI

CITY OF TORONTO. BY-LAW No To adopt a new City of Toronto Municipal Code Chapter 485, Graffiti.

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER XX A by-law to regulate election signs in the City of Burlington

By-law Yard Maintenance By-law (Consolidated as amended)

BY-LAW NUMBER of - THE CORPORATION OF THE COUNTY OF BRANT. To regulate yard maintenance

THE CORPORATION OF THE CITY OF MISSISSAUGA MUNICIPAL ADDRESS BY-LAW 30-11

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW. Office Consolidation Public Nuisance By-law To Prohibit or Regulate Public Nuisances

BY-LAW NUMBER OF THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

Fence By-law By-law No

OFFICE CONSOLIDATION YARD WASTE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended

THE CORPORATION OF THE CITY OF MISSISSAUGA HIGHWAY OBSTRUCTION BY-LAW (Amended by )

BY-LAWNO NOW THEREFORE THE COUNCILOF THE CORPORATIONOF THE CITYOF THOROLD ENACTS AS FOLLOWS:

Naming of Highways and Numbering of Buildings & Lots By-law

TOWN OF BEAUMONT BYLAW #837-14

CITY OF HAMILTON. BY-LAW NO A By-law Respecting the Passenger Transportation System Operated and/or Funded by the City of Hamilton

Fortification of Land By-law

Attachment A to Public Nuisance Bylaw Report OT THE CORPORATION OF THE CITY OF GUELPH

THE CITY OF VAUGHAN BY-LAW NUMBER

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW --~~--==~~

THE CORPORATION OF THE CITY OF MISSISSAUGA HERITAGE PERMITS BY-LAW (Amended by 3-19)

Fence By-law. PS-6 Consolidated May 14, As Amended by: PS March 20, 2012 PS May 14, 2013

Be it enacted and it is hereby enacted as a by-law of the Corporation of the City of Oshawa by the Council as follows:

A By-Law Providing for the Control of Graffiti Within the TkiemlCips te Secwepemc

PROPERTY MAINTENANCE. Chapter 438 FENCES - HEIGHT - REGULATION

By-Law of The Corporation of the City of Oshawa

City of Kingston. Ontario. By-Law Number A By-law To Regulate Election Signs In The City of Kingston

CORPORATION OF THE TOWNSHIP OF HAMILTON BY-LAW NUMBER 2011-XX

AGRICULTURAL LAND (CONTROL OF SALES AND LEASES) (JERSEY) LAW 1974

MOTOR VEHICLE COMPONENTS AND ACCESSORIES ACT

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER

B Y - L A W N U M B E R

Authority: Item 8, Planning Committee Report (PED10115(a)) CM: November 30, 2011

THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO

By-Law This by-law is printed under and by authority of the Council of the City of Barrie, Ontario, Canada. Disclaimer:

THE CORPORATION OF THE CITY OF WATERLOO

THE CORPORATION OF THE CITY OF GUELPH THE COUNCIL OF THE CORPORATION OF THE CITY OF GUELPH. 1. This By-law may be cited as the Fire Prevention By-law.

Residential Rental Units Licensing By-law

OFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended

This Bylaw may be known as the 'Transportation of Dangerous Goods Bylaw".

Bylaw Notice Enforcement Bylaw No. 1636, 2013 adopted October 28, 2013

BYLAW C A Bylaw of Rocky View County to provide for the regulation of Municipal Addresses

THE CORPORATION OF THE TOWNSHIP OF STRONG BY-LAW # TRAILER LICENSING. Being a By-law to License Trailers in the Township

SCRAP METAL ACT CHAPTER 503 LAWS OF KENYA

DISTRICT OF COLDSTREAM BYLAW NO. 1464, 2005

HOUSING (JERSEY) LAW 1949

THE CORPORATION OF THE TOWNSHIP OF TAY BY-LAW NO Being a By-law regulating the sale of and setting off of fireworks

BY-LAWNUMBER a OF2011 OF THE CITY OF SARNIA

NATIONAL MONUMENTS ACT 28 OF 1969

SALDAHA BAY MUNICIPALITY FENCES AND WALLS BY-LAW

TOWN AND COUNTRY PLANNING*

Methadone Pharmacy and Methadone Clinics Licensing Bylaw

By-law (Consolidated as amended)

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO

SOIL CONSERVATION ACT 76 OF 1969

CORPORATION OF THE COUNTY OF PETERBOROUGH BY-LAW NO

Village of Alliance Bylaw Municipal Trees and Shrubs

Bylaw No The Drainage Bylaw, 2005

ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA:

Public Nuisance By-law

BEING A BY-LAW to regulate Election Signs and to repeal By-law RE

CHAPTER 78:02 STATE PLANNING COMMISSION ACT ARRANGEMENT OF SECTIONS

THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY BY-LAW NUMBER

The Corporation of the Town of Penetanguishene

1.1. By-law means this by-law and any schedule to this by-law as they may from time to time be amended.

THE CORPORATION OF THE TOWNSHIP OF SCUGOG BEING A BY- LAW TO REGULATE ELECTION SIGNS

Dock Boat Lift and Vessel Bylaw

Prevention of Cruelty to Animals Act. This Act is Current to January 4, 2012 [RSBC 1996] CHAPTER 372

THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR BY-LAW # BEING A BY-LAW TO LICENCE TRAILERS IN THE MUNICIPALITY

The Safer Communities and Neighbourhoods Act

The Corporation of the Municipality of West Grey By-law Number

SALDANHA BAY MUNICIPALITY SOLID WASTE DISPOSAL BY-LAW

D-Ch. 38 Ord ORDINANCE AMENDING CHAPTER 38, ARTICLE 1, SECTION 15.1 RELATING TO GRAFFITI

CHICKEN BYLAW BYLAW NO OF THE VILLAGE OF MANNVILLE

City of Chilliwack. Bylaw No A bylaw to provide for the regulation of election signs

BYLAW NO SUMMER VILLAGE OF VAL QUENTIN

MOMBASA COUNTY GAZETTE SUPPLEMENT

LICENCE. Chapter 329 ADULT LIVE ENTERTAINMENT PARLOUR

THE CORPORATION OF THE CITY OF MISSISSAUGA SHOPPING CART BY-LAW NUMBER (Amended by By-law )

THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER BEING A BY-LAW TO REGULATE HEIGHT AND DESCRIPTION OF LAWFUL FENCES

Page 1 of 10 Clause (1), Report Number 33, By-Law Number

CITY OF EDMONTON BYLAW SAFETY CODES PERMIT BYLAW (CONSOLIDATED ON JANUARY 1, 2016)

The Corporation of the Township of Smith-Ennismore-Lakefield. By-law No

THE CORPORATION OF THE TOWN OF WASAGA BEACH BY-LAW # A BY-LAW TO PROVIDE FOR THE NUMBERING OF BUILDINGS

Town of Taber Bylaw. Community Standards Bylaw

The Corporation of the Township of Southgate By-Law Number

Chapter 1. TECHNICAL STANDARDS AND SAFETY ACT (Assented to March 6, 2002)

THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER ENCROACHMENT BYLAW NO. 3050, AMENDMENT BYLAW NO. 3255, 1986

Ontario Society for the Prevention of Cruelty to Animals Act R.S.O. 1990, CHAPTER O.36

Upper Hutt City Council Control of Advertising Signs Bylaw 2005

Chapter 22:05 EXCHANGE CONTROL ACT Acts 62/1964, 8/1967, 15/1970, 43/1975, 42/1977 (s. 3), 22/2001, 14/2002; R.G.N 1135/1975. ARRANGEMENT OF SECTIONS

CHAPTER 20:03 NATIONAL TRUST ACT ARRANGEMENT OF SECTION

CONSOLIDATED WITH BY-LAW THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO FENCE BY-LAW

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER

(Reprinted with amendments adopted on May 20, 2015) SECOND REPRINT S.B. 56. Referred to Committee on Judiciary

w21carcv& BYLAW NO TOWN OF VEGREVILLE TOWN OF

THE CORPORATION OF THE CITY OF MISSISSAUGA SMOKING BY-LAW 94-14

THE. INDUSTRIAL DEVELOPMENT ACTS, 1963 to 1964

The Corporation of the Town of The Blue Mountains By-Law Number Office Consolidation (By-law )

ADVERTISING SIGNAGE IN PUBLIC PLACES

Transcription:

PROPERTY MAINTENANCE Chapter 835 GRAFFITI REGULATION CHAPTER INDEX Article 1 TITLE 835.1.1 Title and scope Article 2 DEFINITIONS 835.2.1 Graffiti - defined 835.2.2 Interior space - defined 835.2.3 Officer - defined 835.2.4 Owner - defined 835.2.5 Property - defined 835.2.6 Public Place - defined 835.2.7 City - defined Article 3 GENERAL PROVISIONS 835.3.1 Graffiti prohibited 835.3.2 Owner responsible for removing graffiti 835.3.3 Owner of structure or thing - highway or public place Article 4 EXEMPTIONS 835.4.1 Graffiti exemption - interior space 835.4.2 Graffiti exemption - skateboard park 835.4.3 Graffiti exemption - bridge structures Article 5 ENFORCEMENT 835.5.1 Enforcement ORILLIA 835.1 FEBRUARY 2017

835.5.2 Entry and inspection 835.5.3 Notice to Comply 835.5.4 Service of Notice to Comply - personally or Registered Mail 835.5.5 Service of Notice to Comply - Registered Owner 835.5.6 Service of Notice to Comply - owner unknown 835.5.7 Failure to Comply with Notice to Comply 835.5.8 Hinder or Obstruct 835.5.9 Penalties 835.5.10 Validity and severability 835.5.11 Rebuttable presumption - identification Article 1 TITLE AND SCOPE 835.1.1 Title and scope This Chapter shall be known and cited as the Anti-Graffiti Chapter and shall apply to the whole geographic limits of the City of Orillia. In the text of this Chapter, it is referred to as this Chapter. Article 2 DEFINITIONS 835.2.1 Graffiti - defined graffiti means one or more letters, symbols, figures, etchings, scratches, inscriptions, stains howsoever made or otherwise affixed to a property that disfigure or deface a property, but excludes a mural sign placed on any property in accordance with Chapter 832 of the City s Municipal Code.. 835.2.2 Interior space - defined interior space includes an interior wall, ceiling, floor and any other partition that defines the interior space of a property. 835.2.3 Officer - defined Officer means a Municipal By-law Enforcement Officer or Police Officer. 835.2.4 Owner - defined owner includes: (a) the person having the right, title, interest or equity in the land, or his or her agent authorized in writing; (b) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person s own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; (c) a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property. ORILLIA 835.2 FEBRUARY 2017

835.2.5 Property - defined property means a building or structure, or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon and includes vacant property. 835.2.6 Public place - defined public place means a place to which the public has access, as of right or by invitation, expressed or implied. 835.2.7 City - defined City means the Corporation of the City of Orillia. Article 3 GENERAL PROVISIONS 835.3.1 Graffiti prohibited No person shall place, or cause, or permit graffiti to be placed on any property. 835.3.2 Owner responsible for removing graffiti The owner of a property shall maintain the property free of graffiti. 835.3.3 Owner of structure or thing - highway or public place The owner of a wall, fence or other structure or thing, in or on a highway or other public place shall maintain the wall, fence or structure or thing free of graffiti. Article 4 EXEMPTIONS 835.4.1 Graffiti exemption - interior space Sections 835.3.1 to 835.3.3 inclusive do not apply to the interior space on a property or to a thing located entirely within the interior space on a property. 835.4.2 Graffiti exemption - skateboard park Sections 835.3.1 to 835.3.3 inclusive do not apply to the skateboard park located at Veterans' Memorial Park, provided the graffiti is not lewd or indecent. 835.4.3 Graffiti exemption - bridge structures Sections 835.3.2 and 835.3.3 do not apply to the underside of bridge structures, unless the graffiti is lewd or indecent. Article 5 ENFORCEMENT 835.5.1 Enforcement A Municipal By-law Enforcement Officer or Police Officer is hereby vested with the authority of enforcing the provisions of this Chapter. 835.5.2 Entry and inspection An Officer may, at all reasonable times, enter on land including buildings and structures other than a dwelling unit, for the purpose of carrying out an inspection to determine compliance with this Chapter. ORILLIA 835.3 FEBRUARY 2017

835.5.3 Notice to Comply An Officer who finds a contravention of this Chapter may give written notice to the owner of the property, structure or thing requiring immediate compliance with this Chapter and/or to do work to correct the contravention of this Chapter within the time period specified in the notice. 835.5.4 Service of Notice to Comply - personally or Registered Mail The notice may be served personally on the person to whom it is directed, or by registered mail to the last known address of that person in which case service shall be deemed to have been made on the fifth day after the date of mailing. 835.5.5 Service of Notice to Comply - registered owner If there is evidence that the owner in possession of the property is not the registered owner of the property, the notice shall be served on both the registered owner of the property and the owner in possession of the property. 835.5.6 Service of Notice to Comply - owner unknown If the address of the owner is unknown or the City is unable to effect service under Section 835.5.4, a placard stating the terms of the notice and placed in a conspicuous place upon the land on or near the property, structure or thing shall be deemed sufficient notice to the owner. 835.5.7 Failure to Comply with Notice to Comply If the notice is not complied with, the City, by its employees, officers or agents, may enter upon the property of the owner without further notice and undertake the action described in the notice. Costs incurred by the City in doing the work required by the notice may be collected in the same manner as property taxes. 835.5.8 Hinder or Obstruct No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this Chapter, or any person lawfully acting in aid of such an Officer. Without limiting the generality of the meaning of hinder or obstruct, a person shall be deemed to have obstructed or hindered an Officer in the execution of their duties if he or she: (a) (b) provides false information to an Officer; or is alleged on reasonable and probable grounds to have contravened any of the provisions of this Chapter, and fails to identify themselves to an Officer upon request. 835.5.9 Penalties (a) Any person who contravenes any of the provisions of this Chapter is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act. (b) (c) Where a section of this Chapter has been contravened, a director or officer of a corporation who knowingly concurs in the contravention is guilty of an offence. Upon conviction, in addition to any other remedy and to any penalty imposed by this Chapter, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted. 835.5.10 Validity and severability Every provision of this Chapter is declared severable from the remainder and if any provision of this Chapter shall be declared invalid by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder. ORILLIA 835.4 FEBRUARY 2017

835.5.11 Rebuttable presumption - identification In a prosecution for a contravention of this Chapter, evidence of identification shall be presumed to be correct and accurate, unless rebutted by evidence to the contrary. Adopting By-law: 2011-102, 15 August 2011. By-law Amendments: By-law 2017-14; 13 February 2017. ORILLIA 835.5 FEBRUARY 2017