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CITY OF EDMONTON
BYLAW 14614
PUBLIC PLACES BYLAW
(CONSOLIDATED ON JUNE 28, 2016)
Bylaw 14614
Page 2 of 12
THE CITY OF EDMONTON
BYLAW 14614
PUBLIC PLACES BYLAW
Whereas, pursuant to section 7(a) of the Municipal Government Act, a council may pass bylaws
for municipal purposes respecting the safety, health and welfare of people and the protection of
people and property; and
Whereas, pursuant to section 7(b) of the Municipal Government Act, a council may pass bylaws
for municipal purposes respecting people, activities and things in, on or near a public place or
place that is open to the public; and
Whereas, pursuant to section 7(i) of the Municipal Government Act, a council may pass bylaws
for municipal purposes respecting the enforcement of bylaws made under the Municipal
Government Act or any other enactment including any or all of the following:
(i)
the creation of offences;
(ii)
for each offence, imposing a fine not exceeding $10,000 or imprisonment for not
more than one year, or both;
(iii)
providing for imprisonment for not more than one year for non-payment of a fine
or penalty;
(iv)
providing that a person who contravenes a bylaw may pay an amount established
by bylaw and if the amount is paid, the person will not be prosecuted for the
contravention;
(v)
providing for inspections to determine if bylaws are being complied with; and
(vi)
remedying the contraventions of bylaws;
PART I - PURPOSE, DEFINITIONS AND INTERPRETATION
PURPOSE
1
The purpose of this bylaw is to regulate the conduct and activities
of people in public places to promote the safe, enjoyable, and
reasonable use of such property for the benefit of all citizens of the
City
DEFINITIONS
2
In this bylaw, unless the context otherwise requires:
(a)
"City" means the City of Edmonton;
(b)
"City Manager" means the chief administrative officer of
the City;
(c)
"handbill" means printed material primarily advertising
goods or services;
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(d)
"hotel" includes a motel, inn or any other similar
establishment providing temporary lodging;
(e)
"municipal tag" means a ticket alleging an offence issued
pursuant to the authority of a bylaw of the City;
(f)
"occupy" or "occupies" means residing on or to be in
actual or apparent possession or control of property;
(g)
"own" or "owns" means:
(i)
in the case of land, to be registered under the Land
Titles Act as the owner of the fee simple estate in a
parcel of land; or;
(ii)
in the case of personal property, to be in lawful
possession or have the right to exercise control over
it, or to be the registered owner of it;
(h)
"person" means any individual, firm, partnership,
association, corporation, trustee, executor, administrator or
other legal representative;
(i)
"property" means;
(i)
in the case of land, a parcel of land including any
buildings; or
(ii)
in other cases, personal property;
(j)
"public place" means any property, whether publicly or
privately owned, to which members of the public have
access as of right or by express or implied invitation,
whether on payment of any fee or not; and
(k)
"violation ticket" has the same meaning as in the
Provincial Offences Procedure Act.
RULES FOR
INTEPRETATION
3
The marginal notes and headings in this bylaw are for reference
purposes only.
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PART II - PUBLIC BEHAVIOURS
LITTERING
4
A person shall not leave any garbage, litter or other refuse in a
public place except in a receptacle designed and intended for such
use.
AGGRESSIVE
PANHANDLING
4.1 (1) A person shall not panhandle in an aggressive manner in any
public place.
(2) For the purpose of this section "panhandle" or "panhandling"
means a request or solicitation made verbally or otherwise for the
gratuitous provision of money or goods from another person.
(3) For the purpose of this section, and without limiting the generality
of the phrase, a person shall be considered to be panhandling in an
"aggressive manner" if they:
(a)
obstruct or impede the passage of another person;
(b)
make continued requests or solicitations after receiving a
negative response from another person
(c)
insult, threaten, coerce or intimidate another person;
(d)
make physical contact with another person; or
(e)
are intoxicated by alcohol or under the influence of illegal
drugs;
while panhandling.
URINATION AND
DEFECATION
5
A person shall not urinate or defecate in a public place except in a
facility designed and intended for such use.
DANGEROUS
ACTIONS
6
A person shall not throw or propel an object, or act in any other
way, in a public place that is reasonably likely to cause injury to
another person or damage to property
FIGHTING
7
A person shall not participate in a fight or other similar physical
confrontation in a public place.
BULLYING
8
(1) In this section "harassed" includes but is not limited to tormented,
troubled, worried, plagued or badgered.
(2) A person shall not, in a public place, repeatedly communicate,
cause or permit communication, either directly or indirectly, with
any person under 18 years of age in a way that causes the person,
reasonably in all the circumstances, to feel harassed.
WEAPONS
9
(1) A person shall not possess any loaded weapon, capable of
launching or firing a projectile, in a public place.
(2) A person shall not cause or permit a weapon to launch or fire a
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projectile in a public place.
HANDBILLS
10 (1) A person shall not distribute, cause or permit the distribution of a
handbill in a hotel.
(2) This section does not apply unless:
(a)
the person has been given notice by the proprietor or
someone acting on behalf of the proprietor of the hotel not
to distribute handbills, or
(b)
signs prohibiting the distribution of handbills are visibly
displayed at each of the entrances normally used by
members of the public to enter the hotel.
(3) In a prosecution for a contravention of this section, the court may,
in the absence of evidence to the contrary, infer that a person
distributed, caused or permitted the distribution of a handbill from
the fact that the goods or services of the person are advertised in
the handbill.
PART III - SMOKING
DEFINITIONS
11
In this Part:
(a)
"building" means an enclosed or substantially enclosed
building or structure and, without limiting the generality of
the foregoing, includes any bus shelter or rail platform;
(a.1)
"electronic cigarette" means a handheld device containing
a liquid that is vapourized and inhaled, and includes but is
not limited to electronic cigarettes, e-cigarettes, vapourizer
cigarettes, personal vapourizers, and electronic nicotine
delivery systems;
(a.2)
"electronic cigarettes retailer" means a fully enclosed
premises where the sole function of the premises is the sale
of electronic cigarettes and electronic cigarette products,
and for which a valid City business licence has been issued
pursuant to Bylaw 13138, Business Licence Bylaw;
(b)
"patio" means an area outside of a building intended for
the consumption of food or beverages by patrons of a
business providing such food and beverages;
(c)
"playground" means a structure or collection of structures
designed and intended for recreational use by children and,
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where mounted in a distinct material such as sand, gravel,
or wood chips, includes the material in which those
structures are mounted;
(c.1)
"no smoking area" means any public place, or portion of a
public place, designated by temporary or permanent
signage or other marking as a no smoking area;
(d)
"public vehicle" means a bus, taxi or other vehicle that is
used to transport members of the public for a fee;
(e)
"seasonal skating rink" means an outdoor ice surface on
which members of the public are permitted to skate,
whether on payment of any fee or not, and includes public
lakes, ponds, and outdoor rinks with boards or other ice
support infrastructure;
(f)
"skate park" means an area designed and intended
specifically for the use of skateboards, in-line skates, or
similar devices;
(g)
"smoke" or "smoking" means to smoke, hold, or otherwise
have control over an ignited tobacco product, or to use,
hold, or otherwise have control over an electronic cigarette;
(h)
"sports field" means an outdoor area designed and
intended for use in a specific sporting event and includes
soccer fields, baseball diamonds, tennis courts, and similar
areas but does not include golf courses;
(i)
"tobacco product" means a product manufactured from
tobacco and intended to be smoked including but not
limited to a cigarette or a cigar;
(j)
"water spray park" means a structure or collection of
structures that spray or release water which is designed and
intended for recreational use; and
(k)
"window" means a window that can be opened to admit
air.
GENERAL
SMOKING
PROHIBITION
12
Except as permitted by this Part, a person shall not smoke:
(a)
inside a building;
(b)
on a patio;
(c)
inside a public vehicle;
(d)
within five metres from a doorway, window or air intake of
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a building or patio; or
(e)
within ten metres of a playground, seasonal skating rink,
skate park, sports field, or water spray park;
(f)
within a no smoking area.
OWNER
OBLIGATIONS
13
A person who owns or occupies a place where smoking is
prohibited by this Part shall not permit any individual to smoke in
that place.
PRIVATE
RESIDENCES
14
Nothing in this Part prohibits a person from smoking in an area of
a building designed, intended and used exclusively as a private
residence.
WORKPLACE
EXCEPTION
15
Repealed.
ABORIGINAL
PEOPLE
15
Nothing in this Part affects the rights of aboriginal people
respecting traditional aboriginal spiritual or cultural practices of
ceremonies.
LEGISLATIVE
EXCEPTION
16 (1) Subject to the provisions of this section, a person who owns or
occupies a place where smoking is otherwise prohibited by this
Part may permit smoking in that place when smoking is permitted
pursuant to provincial or federal legislation or powers exercised
pursuant to such legislation.
(2) If smoking is permitted pursuant to this section, the person who
owns or occupies shall ensure that:
(a)
smoke does not enter any place where smoking is
prohibited;
(b)
signage is clearly and prominently at each entrance to a
place where smoking is permitted indicating that smoking
is permitted inside; and
(c)
no person under 18 years of age is allowed to enter or
remain in a place where smoking is permitted.
E-CIGARETTES
EXCEPTION
16.1
Nothing in this Part prohibits a person from using an electronic
cigarette for the sole purpose of testing the device, or sampling
products used with the device, prior to purchase within an
electronic cigarettes retailer.
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PROOF OF
EXCEPTION
17
The burden of proving that an exception applies in a particular case
is on the person alleging such exception on a balance of
probabilities.
PROSECUTIONS
18 (1) In a prosecution for a contravention of this Part, it is not necessary
that a witness testify to the precise description, kind, brand or
name of the tobacco product or electronic cigarette possessed,
smoked or consumed.
(2) In a prosecution for a contravention of this Part, the court may, in
the absence of evidence to the contrary, infer that the product
smoked was a tobacco product or electronic cigarette from the fact
that a witness describes it by a name that is commonly used to
describe a tobacco product or electronic cigarette.
NO SMOKING
AREAS
18.1 (1) The City Manager may designate any public place, or portion of a
public place, as a no smoking area.
(2) The City Manager must place temporary or permanent signs or
other markings identifying a no smoking area.
PART IV - ENFORCEMENT
OFFENCE
19
A person who contravenes this bylaw is guilty of an offence.
CONTINUING
OFFENCE
20
In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each day,
or part of a day, on which it continues and a person guilty of such
an offence is liable to a fine in an amount not less than that
established by this bylaw for each such day.
VICARIOUS
LIABILITY
21
For the purposes of this bylaw, an act or omission by an employee
or agent of a Person is deemed also to be an act or omission of the
person if the act or omission occurred in the course of the
employee's employment with the person, or in the course of the
agent's exercising the powers or performing the duties on behalf of
the person under their agency relationship.
CORPORATIONS
AND
PARTNERSHIPS
22 (1) When a corporation commits an offence under this bylaw, every
principal, director, manager, employee or agent of the corporation
who authorized the act or omission that constitutes the offence or
assented to or acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this
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bylaw, each partner in that partnership who authorized the act or
omission that constitutes the offence or assented to or acquiesced
or participated in the act or omission that constitutes the offence is
guilty of the offence.
FINES AND
PENALTIES
23 (1) A person who is guilty of an offence is liable to a fine in an
amount not less than that established in this section, and not
exceeding $10,000.00, and to imprisonment for not more than six
months for non-payment of a fine.
(2) Without restricting the generality of subsection (1) the following
fine amounts are established for use on municipal tags and
violation tickets if a voluntary payment option is offered:
(a)
$250.00 for any offence for which a fine is not otherwise
established in this section; or
(b)
Repealed
(c)
$500.00 for any offence under section 5, 7, 9, and 13; and
(d)
double these fine amounts for any subsequent offence.
(3) A subsequent offence means an offence committed by a person
within one year after that person has already been convicted of the
same offence or has voluntarily paid a fine for the same offence
MUNICIPAL TAG
24
If a municipal tag is issued in respect of an offence the municipal
tag must specify the fine amount established by this bylaw for the
offence.
PAYMENT IN LIEU
OF PROSECUTION
25
A person who commits an offence may, if a municipal tag is issued
in respect of the offence, pay the fine amount established by this
bylaw for the offence and if the amount is paid on or before the
required date, the person will not be prosecuted for the offence.
VIOLATION
TICKET
26
If a violation ticket is issued in respect of an offence, the violation
ticket may:
(a)
specify the fine amount established by this bylaw for the
offence; or
(b)
require a person to appear in court without the alternative
of making a voluntary payment.
VOLUNTARY
PAYMENT
27
A person who commits an offence may:
(a)
if a violation ticket is issued in respect of the offence; and
(b)
if the violation ticket specifies the fine amount established
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by this bylaw for the offence;
make a voluntary payment equal to the specified fine.
ORDER TO
COMPLY
28 (1) If the City Manager believes, on reasonable grounds, that a person
is contravening any provision of this bylaw, the City Manager
may, by written order, require any person responsible for the
contravention to remedy it.
(2) The order may:
(a)
direct a person to stop doing something, or to change the
way in which the person is doing it;
(b)
direct a person to take any action or measures necessary to
remedy the contravention of the bylaw and, if necessary, to
prevent a re-occurrence of the contravention;
(c)
state a time within which the person must comply with the
directions;
(d)
state that if the person does not comply with the directions
within a specified time, the City will take the action or
measure.
(3) A person named in and served with an order issued pursuant to this
section shall comply with any action or measure required to be
taken within the time specified.
(4) An order issued pursuant to this section may be served:
(a)
in the case of an individual:
(i)
by delivering it personally to the individual;
(ii)
by leaving it for the individual at their apparent
place of residence with someone who appears to be
at least 18 years of age; or
(iii)
by mail addressed to the individual at their apparent
place of residence or at any address for the
individual on the tax roll of the City or at the Land
Titles registry;
or;
(b)
in the case of a corporation:
(i)
by delivering personally to any director or officer of
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the corporation;
(ii)
by delivering it personally to any person apparently
in charge of an office of the corporation at an
address held out by the corporation to be its
address; or
(iii)
by mail addressed to the registered office of the
corporation.
PART V - GENERAL
POWERS OF THE
CITY MANAGER
29
Without restricting any other power, duty or function granted by
this bylaw the City Manager may:
(a)
carry out any inspections to determine compliance with this
bylaw;
(b)
take any steps or carry out any actions required to enforce
this bylaw;
(c)
take any steps or carry out any actions required to remedy a
contravention of this bylaw;
(d)
establish areas where activities otherwise regulated,
restricted or prohibited by this bylaw are permitted;
(e)
establish forms for the purposes of this bylaw; and
(f)
delegate any powers, duties or functions under this bylaw
to an employee of the City.
OBSTRUCTION
30
A person shall not obstruct or hinder any person in the exercise or
performance of the person's powers pursuant to this bylaw.
CERTIFIED COPY
OF RECORDS
31
A copy of a record of the City, certified by the City Manager as a
true copy of the original, shall be admitted in evidence as prima
facie proof of the facts stated in the record without proof of the
appointment or signature of the person signing it
NUMBER AND
GENDER
REFERENCES
32
All references in this bylaw will be read with such changes in
number and gender as may be appropriate according to whether the
reference is to a male or female person, or a corporation or
partnership.
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PART VI - TRANSITIONAL
REPEALS
33
The following bylaws are repealed:
(a)
Bylaw 7608, the Public Places Bylaw;
(b)
Bylaw 11869, the Handbill Bylaw; and
(c)
Bylaw 13333, the Smoking Bylaw.
EFFECTIVE DATE
34
This bylaw takes effect beginning on April 1, 2008.
(NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A., 2000,
c. M-26 and Bylaw 12005, and printed under the City Manager's authority)
Bylaw 14614, passed by Council May 22, 2007