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'Common sense' bylaw lays out what's allowed in public spaces

The new bylaw, according to the city, is to address concerns about vandalism, littering, fires, open fires overnight camping and public loitering
2020-06-09 City hall MH
Timmins City Hall on Algonquin Boulevard. Maija Hoggett/TimminsToday

A new "common sense" bylaw is giving city staff more authority to enforce rules in public spaces, according to the clerk. 

The parklands bylaw approved by Timmins council on Tuesday (June 18) sets out how city parks and water areas on public land are managed, maintained and used. 

The City of Timmins has an encampment outreach and response protocol. The new bylaw, according to the city, is to address concerns about vandalism, littering, fires, open fires, overnight camping and public loitering.

“The parkland bylaw gives enforcement services greater authority to govern the usage of parks so that everyone can enjoy our public spaces safely and equally,” said clerk Steph Palmateer in a news release today.

“It will work with other bylaws and services like the municipal noise bylaw and animal control to provide greater certainty about how our parks and water areas, like both city splash pads, are used appropriately.”

For Coun. Bill Gvozdanovic, it doesn't go far enough and leaves room for "exploitation" of it. 

Amid a heat wave, with temperatures going into the mid to high 30 C with the humidex, Gvozdanovic talked about people sleeping in tents.

"I just don't think it's the humane thing to do to let people sleep on the ground in a tent. We have a shelter ... the people that advocate for this are going to be sleeping at home with AC on tonight. They're not going to be suffering out in the heat tonight," he said. 

He also talked about letters the city has received from legal aid firms.

In May, for example, the Community Legal Clinic of York Region sent a letter to Mayor Michelle Boileau and councillors urging the city to address the needs of people living in encampments.

SEE: Legal clinic urges Timmins council to address needs of people living in encampments

Gvozdanovic said the letters should be sent to the federal government, not municipality.

"We have a protocol that we thought was humane, that met all the guidelines, and now all of a sudden, it seems like the advocates are pushing us around and I'd like to see us kind of push back a little bit," he said.

If giving people a hand puts Coun. Cory Robin at odds with some members of council, he's OK with it. 

"The fact of the matter is as long as human beings are allowed to exist in our city, as long as they're allowed to wake up in the morning just like me, then you deserve respect. I'm going to support this ... it doesn't really do much to solve our problem. The homeless encampment protocol that we already have is in effect. This is just extra," he said.

What's in it

“The parklands bylaw is meant to support public use of our local parks, beachfronts, and splash pads,” said Palmateer in the news release. “It’s common sense and prohibits conduct and conditions that could prevent people from enjoying themselves.”

It lays out how people using public parks and properties should behave. 

It prevents people from removing plants, damaging public property such as benches or monuments, littering, or having an open fire without permission. 

It requires animals to be on a leash no more than two metres long and bans people from killing or disturbing birds living in parklands. 

Abusive or insulting language or throwing "stones or other missiles" is banned, as well as begging, selling items without a permit or "soliciting patronage" to a hotel or business. 

Loitering — staying at or near the same space for more than 20 minutes — is prevented from 11 p.m. to 7 a.m.

For water areas, swimming or bathing is only allowed in designated places. Glass bottles and metal cans are banned in swimming areas, as are animals such as dogs and cats. 

Anyone not following the rules may ordered out of the area. If someone is found guilty of an offence they could be subject to a fine under the Provincial Offences Act. 

The full bylaw is available here.