Hamilton By-law 20-077, s. 1 — In this By-law

In this By-law:

• “Act” means the Cannabis Act S.C. 2018, c. 16 and its regulations, and if applicable, any predecessor or successor acts and its respective regulations, all as amended; “By-law” means this by-law to prohibit and regulate certain nuisances within the City of Hamilton; To Repeal and Replace By-law No. 09-110, being a By-law to Prohibit and Regulate Certain Public Nuisances within the City of Hamilton; and to Amend By-law No. 17-225, a By-law to Establish a System of Administrative Penalties “Canada Post” means Canada Post Corporation established by the Canada Post Corporation Act, R.S.C., 1985, c. C-10; “City” means the municipal corporation of the City of Hamilton; “Cannabis Plant” means a plant that belongs to the genus Cannabis and, in the absence of evidence to the contrary, includes any plant described as cannabis or by

a name that is commonly applied to cannabis; “Cultivate, Cultivated, Cultivating or Cultivation” in respect of cannabis, means to grow, propagate or to harvest cannabis plants and includes the possession of cannabis plants; “Defecate” means to discharge excrement from the human body; “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, part of which is intended for use or used, by the general public for the passage of vehicles or persons, and includes the area between the lateral property lines thereof, including sidewalks and boulevards; “Nuisance” means anything that is injurious to health, indecent, offensive to any of the Senses, or results in the loss of enjoyment of normal use of property; “Officer” means a Police Officer or a Municipal Law Enforcement Officer appointed under any federal or provincial statute or regulation or City by-law or any other person assigned or appointed by Council of the City to administer or enforce this By-law and includes a person employed by the City whose duties are to enforce this By-law; “Porta Potty” means a portable building containing a toilet; “Public Place” includes a Highway and any place to which the public has access and private property that is exposed to public view, whether or not the property is owned by the person contravening the By-law, but does not include a Washroom Facility; “Senses” means a faculty by which the human body perceives an external stimulus and includes one or more of the faculties of sight, smell, hearing, taste and touch; “Urinate” means to discharge urine from the human body; and “Washroom Facility” means a room inside a building that is equipped with toilet facilities and includes a Porta Potty. Application