Barrie : Règlement no 2025-110, art. 142 — Nuisance (Use of Public Property) By-law

WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 8, shall be interpreted broadly so as to confer broad authority on municipalities to enable municipalities to govern their affairs as they consider appropriate and, enhance their ability to respond to municipal issues; AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 9, and 11 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 10 (2), provides that a single- tier municipality may pass by-laws respecting matters within the spheres of jurisdiction set out therein including the health, safety and wellbeing of persons; AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 126, provides that Council may regulate cultural, recreational and education events including public fairs; AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 127, provides that Council may prohibit the depositing of refuse or debris from the land without the consent of the owner or occupant of the land; AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 128, provides that Council may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council are or could become or cause public nuisances; AND WHEREAS, the Municipal Act, S.O. 2001, c. 25, Section 425 establishes that any person who contravenes any by-law of the municipality or of a police services board, as the case may be, passed under the Act, is guilty of an offence; AND WHEREAS, the Trespass to Property Act, R.S.O. 1990, c. T.21, allows the City of Barrie as “occupier” to prohibit entry by notice to that effect; AND WHEREAS, the Trespass to Property Act, R.S.O. 1990, c. T.21 provides a broad authority to the Municipality to post signs prohibiting activities within an area, as is deemed appropriate by the City; AND WHEREAS, the Trespass to Property Act, R.S.O. 1990, c. T.21, Section 2 makes it an offence for every person who is not acting under right or authority conferred by law and who, without the express permission of the occupier, the proof of which rests on the defendant, enters on premises

when entry is prohibited under the Act or further engages in an activity on the premises when the entry or activity is prohibited under the Act; AND WHEREAS, the Provincial Offences Act, R.S.O. 1990, c. P33, Part VI Young Persons sets out special provisions for dealing with offences that are committed by a young person within the definition of the Act; AND WHEREAS by resolution 25-A-099 the Council of The Corporation of the City of Barrie deems it expedient to regulate certain activities within the community which are deemed to be or potentially may become public nuisances and further to regulate certain activities within the City of Barrie; NOW THEREFORE the Council of The Corporation of the City of Barrie enacts as follows:

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