At the Operations, Transit and Emergency Services Committee meeting earlier this week, a delegate questioned the need for the bylaw. In particular, the section regarding obstruction of City roadways.
The delegate suggested that a child setting up a lemonade stand would qualify as an obstruction.
The media love this kind of hyperbole.
Questioning this section of the draft nuisance bylaw, staff provided this context:
The (internal staff) working group felt that the intent of this section was to address issues where someone purposely blocks passage of others, another example would include a bully type behaviour where someone blocks the path of another with the intention of causing a dispute or fight (late night downtown dispute or a group of people on a walking trail intimidating others by blocking the path). This section would permit Police or Bylaw staff to ask those involved to allow passage and issue charges if they do not.
This section is not intended to issue charges to persons waiting for the bus or attending events such as the Santa Claus parade where just the sheer number of people are causing difficulty for others to travel along the sidewalk, nor would it regulate labour disputes or protests where the movement of other is slowed to provide information. In these cases, passage is not being completely blocked, others may be slowed down but there is no intent to stop their travels. Staff
Most bylaws in the City of Guelph are responded to by a complaint from a resident.
I would suggest that if a resident complained about a lemonade stand and Bylaw staff issued a ticket to the junior juice purveyor, we have a lot more to be concerned about in our community, than just a nuisance bylaw.
The draft nuisance bylaw goes to Council this coming Monday evening. ian