A bylaw aimed at dealing with tents on city property was discussed at the Oct. 29 committee of the whole meeting at city hall.
Two new bylaws aim to both update an existing bylaw and address issues around encampments and enforcement in city parks and on public lands in the municipality.
Council had asked staff to look at what needs to be done to address tents on city property, especially in parks, and issues around enforcement by bylaw officers. Staff drafted a potential bylaw and an amendment to fines to help provide clear direction and the enforcement tools bylaw staff need, all in light of decisions by the courts which ruled people can camp on public land when other suitable options are not available.
The new bylaw is aimed at aligning the municipality with provincial standards but also could require more from staff for enforcement of the bylaw. Bylaw staff estimate approximately 20 per cent of their enforcement time is taken up dealing with issues related to the unhoused in the community.
Coun. Scott Nelson was the only councillor opposed to the new parks and public lands bylaw being brought forward to a regular meeting for adoption, citing his desire not to allow tents in parks at all and opposition to downloading by the province. However, council was told not having the bylaw in place will make it harder to enforce moving people out of certain areas. Council also heard how the implications of some court rulings make it necessary for municipalities to have contingencies in place to limit where people can set up on public property.
Staff and council discussed challenges posed over the past summer. The city reportedly received complaints around the impacts to the city's children's daycamp programs when unhoused people were taking up locations where programs were planned and by disc golf players impacted by tents and waste in the park.
"Hopefully we can be ahead of that," said Coun. Joan Flaspohler, noting the bylaw could help clearly give bylaw enforcement the tools to ensure areas needed for those daycamp programs and events are kept clear and usable by the public.
Staff explained to the Tribune later how while unhoused people have the right to set up temporary shelters when other options are not available to them, this may not always be a result of shelters being full, it could be due to a person being kicked out of available shelters. According to the Canadian Mental Health Association in Williams Lake, who manage the local emergency shelter, typically, their facility is not normally at capacity during the summer months.
The report to council by Derrick Walters, senior bylaw enforcement officer, also detailed some of the potential impacts of the bylaw. With no place to go during the daytime, while overnight shelters are closed and tents must be taken down, unhoused people then are more likely to spend time on private property, leading to more complaints from property owners and challenges for business owners.
Advocates have called for more support for people at temporary shelter locations with toilet facilities, garbage disposal and storage for belongings. The report mentioned possible negative implications of the bylaw for the unhoused by pushing an already vulnerable population further to the margins.
The report suggested four different enforcement options for council to provide direction for staff and to understand the potential financial implications of each.
Council voted to bring forward option one, status quo, which would see bylaw staff continue to respond in a complaints-based manner which will not increase costs to the city. Staff did note the cons to this approach in their report, including how inconsistent enforcement will be, the limited coverage it will provide and the potential for overlooked issues.
Other options put forward included: a shift in focus for bylaw enforcement to spend more time on parks and public lands; creating a safety officer position; and hiring a security contractor. Councillors balked at the potential increased costs associated with other options and referenced the continued uncertainty around Atlantic Power, the city's largest single taxpayer.
The existing bylaw has been in place since 1986 and does not cover all parks and public lands now owned and operated by the city and does not address temporary overnight sheltering. A new parks and public lands bylaw aims to address areas not covered, including parking lots, arenas and playgrounds, while still maintaining the existing rules and primary goal of the bylaw to "safeguard these areas for current and future use, ensuring accessibility and environmental protection."
Mayor Surinderpal Rathor and Flaspohler were in the room and supported the amended bylaw moving ahead to a regular meeting, Coun. Jazmyn Lyons and Sheila Boehm attended remotely and also voted in favour of the motion to forward the new bylaw.
Coun. Nelson, who also appeared remotely, voted against the bylaw.
Coun. Angie Delainey and Coun. Michael Moses were both absent.
The bylaw is expected to come before council for a first reading at the Nov. 5 regular council meeting.
