THE CORPORATION OF THE CITY OF NELSON

REQUEST TO APPEAR AS A DELEGATION

DATE:
October 26, 2015 Committee of the Whole
TOPIC:
Panhandling Bylaw 3321, 2015
PROPOSAL:
Community feedback on bylaw
PROPOSED BY: Staff
_____________________________________________________________________
ANALYSIS SUMMARY:
At the October 5, 2015 Regular meeting Council considered Panhandling Bylaw 3321,
2015 for third reading and referred the bylaw to staff to obtain community feedback.
BACKGROUND:
The City of Nelsons Panhandling Bylaw is currently at second reading. After Councils
meeting on October 26th the bylaw was circulated to the following community groups for
review. Feedback has been welcomed in any format that works best and community
group members were welcomed to address Council at the October 26th Committee of
the Whole meeting. The following submissions have been received in writing to date
and representatives will be in the audience to respond to any questions Council may
have:
Nelson Committee on Homelessness (see attached)
Ann Harvey and other committee members have requested 15 minutes to present to
Council.
Nelson & District Chamber of Commerce (see attached)
A representative of the Chamber will be in attendance.
Nelson Business Association (see attached)
Lisa McGeady will be in attendance with other members of the association.
Seniors Coordinating Society (see attached)
No attendance / presentation to Council requested
Seniors Citizens Association Branch 51 (see attached)
No attendance / presentation to Council requested
LEGISLATIVE IMPACTS, PRECEDENTS, POLICIES:
It is within Council mandate and authority to receive the presentations.
COSTS AND BUDGET IMPACT - REVENUE GENERATION:
There are no costs associated with hearing the presentation.
IMPACT ON SUSTAINABILITY OBJECTIVES AND STAFF RESOURCES:
There are no costs associated with hearing the presentation.
COMMUNICATION:
N/A

OPTIONS AND ALTERNATIVES:

1.
Receive and thank the presenters
2.
Refer to staff with direction
ATTACHMENTS:
Letters and emails
Panhandling Bylaw 3321, 2015
RECOMMENDATION:
That Council receives all community feedback regarding the proposed Panhandling
Bylaw and thanks all community members for attending.
AUTHOR:

REVIEWED BY:

_______________________________
DEPUTY CORPORATE OFFICER

_____________________________
CITY MANAGER

225 Hall Street Nelson BC V1L 5X4 Toll Free: 1-877-663-5706 Ph: (250) 352-3433 Email: info@discoverNelson.com

October 16, 2015

Mayor Deb Kozak and Council
City of Nelson
Suite 101 310 Ward Street
Nelson BC V1L 5S4
Dear Mayor Kozak;
The Nelson and District Chamber of Commerce welcomes the opportunity to provide member
input as Council reviews the implementation of a Pan Handling By-Law.
The discussions of a bylaw have generated tremendous interest throughout the community,
with widely diverse opinions.
This summer, the Chamber Board of Directors adopted a resolution in favour of adopting an
aggressive pan handling bylaw that would regulate behaviour and also where the panhandling
could take place, but not make it illegal.
There is an understanding that for some, pan handling is a way of life and an unfortunate
circumstance of life. There is also a realization that for some Nelson residents and business
owners, the location of where the panhandling occurs can be problematic to their business, or
to their individual or family comfort level of shopping downtown.
In addition to the support from the Board of Directors, the Chamber of Commerce also
conducted a survey of downtown member businesses. While the sample size was not large,
81% of the 22 respondents were clearly in favour of moving forward with the development of a
pan handling bylaw.
If the City of Nelson chooses to proceed with the implementation of an aggressive panhandling
by-law, the Chamber would encourage a best practices approach to the bylaw language and
enforcement.
Sincerely

Ed Olthof President Nelson and District Chamber of Commerce

From:
Subject:
Date:
Attachments:

Joanne Caldecott
Letters to City Council via NBA
October-20-15 9:42:14 AM
Panhandling bylaw letters for Council.docx

Lisa and Jo: Attached are six emailed letters from NBA businesses.
Margaret Stacey: Nelson United Church, Stacey Trillo
Susan Wallach: Wallach Perello
Al Gerhardstein: Misty Mountain
Diane Hand: Handsels
Michael Collier: Kootenai Clothing
Jeff Grosch: Sacred Ride
Nelson Becker, ExpressNews
I did not include Nelson Beckers letter here as you have already received it.
There were 28 people at the NBA meeting on Thursday October 15th, including four
Councillors who took notes. These letters were given to Councillor Purcell. Our function was
to facilitate the meeting and the Councillors said they would report to Council.

At the discussion meeting: Jay Marshall, Jocelyn Carver, Paul Kelly, Chris Hillebrand,
Margaret Stacey, Tom Prior, Mari Plamondon, Chuck Bennett, Karen Bennett, Randy
Horswill, Val Semeniuk, Jenny Robinson, Howie Ross, Nelson Becker, Amy Stewart, Matt
Stanley, Yoshi Shirotani, Stephanie Myers, Teo Nicholas, Judy Banfield, Justin Pelant, Deb
Fuhr, John McCuaig,Chris Holland, Councillors Morrison, Purcell, Warmington, and Dailly.

Margaret Stacey
Core Planning Team NBA

This email has been checked for viruses by Avast antivirus software.
www.avast.com

From Margaret Stacey

NBA, representing Nelson United Church, Stacey-Trillo, and merchants who have spoken to me about
the issue.

To Nelson City Council regarding the proposed Panhandling Bylaw changes:

I understand the human rights restrictions that you have taken care to address in the Bylaw pre-amble,
and the small changes you would like to add to the officer toolbox to curb aggression and loitering, in an
attempt to appease merchants who are affected by difficult panhandlers.
From our church perspective: its all you can do to manage the issue legally. Its like conventional
medicines symptom suppression, without addressing the functional cause.
Words from businesses: One merchant says the panhandlers are about 80% young men, some with
mental health issues, and another says its seasonal, surrounding Shambhala for example. Another
merchant says there should be zero tolerance of panhandlers, and from watching them daily, says the
money is not used for food or transport, but goes to drugs. Some say they should be as regulated as
much as buskers. Several recommend street workers or housing or social assistance or addictions
services.
On a personal note: Many tend to perceive transients, buskers and panhandlers as something this town
doesnt need, when in fact, if they arent our own people, they are actually an alternate kind of tourist
and they come here because of the amenities, like all tourists. They avoid cold, barren, uninteresting
and unwelcoming places, and come here for the ambience too. Furthermore, there is a feeling that we
are specially targeted and swamped, when, in fact, when you look at Vancouver, that city absorbs our
young people for better or worse. I would hope somebody there treats them kindly.
And finally; I approve of the bylaw as a reasonable tool. However I do take issue with 3.1.b which
states: A person who permits, suffers, allows any act or thing to be done in contravention of this
bylaw commits an offence... In other words, if my business permitted, suffered, allowed a
panhandler to stay longer than an hour or get closer to my door, I as business owner, am offending!

Margaret Stacey

I dont think we need a pan handling by law. I think it is unfortunate the city is considering going this
way.
I have never had trouble with the people begging for money. I am on Baker street daily 2/3 times. I
politely say no or ignore them depending on my mood. The only aggressive one that I have experienced
is a drug addicted woman and a bylaw wouldnt deter her.
Assuming these people are the product of a lack of housing or, social assistance or addictions services
then lets deal with that and not punish and criminalize the victims. Perhaps another street worker?
If they are recreational beggars they will go away with the cooler weather.
Why must we react in a punitive way?. Lets try to find the root of the problem and put city resources
there. Has anyone interviewed any of these people to find out what is going on in their lives to put them
on the street begging? Maybe thats a first step.
Susan E. Wallach
You never really know a woman until you meet her in Court

Is there room for all of us?

Will another bylaw make Nelson better and more attractive to the rich elite?
I'm no more comfortable to be approached for handouts than the next person,,,but do I want to make
them illegal ?
There is an attitude of Cleansing going on with the city council . It seems that if they can get the city to
look cleaner then
bussiness and others of wealth will look on nelson as a place to invest and control.
The whole Hall street Money Pit was not about making things better for everyone. It seems that only a
few affected the decisions to spend tax money
in such a way. This is not a bylaw issue but the money spent could have contributed to the betterment
of more who need it ,,,not just the few business people who sway the council. That Money could have
been put towards the issue at hand, i.e.: people with nothing and no hope.
Cities all over N America have this same issue: beggars
Can the City of Nelson be separate from the pack and lead to the future on this issue? There is
opportunity here to set a standard of how to manage these issues. Can Nelson leadership rise to the
level and set a standard in Canada of how all humans have worth and have a place in our community?
The Stores to Shores idea spent very much money and still left out many in the community , such as all
the handicap people on wheelchairs or that have trouble climbing steep grades. That Stores to shores
idea just like the bylaw to make begging illegal does not include the whole community.
Have you thought that maybe for some ,, the chance to tithe on the street is redeeming and helping for
some that have hard times?
I am against this Cleansing that the council is a part of!!!

Al Gerhardstein
Business owner
Misty Mountain
358 baker
nelson

Hi Margaret,
I cannot attend the meeting re Panhandling so just am offering my input in this email.
I have had direct personal experience with an aggressive and belligerent panhandler using offensive
signage. Asking nicely for him to move or offering assistance was not effective. Police nor Bylaw could
get him to cooperate and this went on for more than just one day. Customers were complaining about
him and actively avoiding walking by him (and as he was parked right under my window this directly
affected my business).
I take offence to the councillor who stated that they had never seen an aggressive panhandler only
passerbys being rude. This councillor obviously does not spend a lot of time on Baker St. and is out of
touch with the issues businesses have with various transient and what some might call street people.
We put more restrictions on our buskers who bring character and charm to downtown, than we do
those that are panhandling. My suggestion to city council would be to have a bylaw that restricts the
time that a panhandler can stay in one spot. We do this for buskers, so why not panhandlers. This
would offer police and bylaw something they could actually enforce without walking on the right of all
Nelson citizens and visitors to enjoy our streets.
Thank you.
Diane Hand
Handsels
505 Baker St.

Thanks for running with this. We have a store at 327 Baker and have fairly frequent dealings with
Panhandlers / Street people who like to hang out in the Masonic doorway and sometimes in front of
Subway.
Our take on the situation is that we have relatively few problems with Panhandlers / Street people and
those problems tend to be seasonal such as before Shambala for example. When we do have
problems the Bylaw Officers and the Police seem to be able to effectively deal with the situation. If the
police feel they need more powers to be able to more effectively deal with the situation in Nelson then
we are in favor of supporting our Bylaw and Police force.
On a slightly deeper level of analysis there are longer term solutions needed for the issue of panhandling
and street people. Our mental health care, for example, is very inadequate and leaves a lot of work for
people like our Bylaw and Police force who probably shouldnt be on the front line dealing with mental
health problems. Its a very costly and, unfortunately, not very effective way to handle mental health
problems in our, and other, communities.
Regards,
Michael Collier
Kutenai Clothing

can't make the meeting tomorrow. i as a business owner for 20 years on baker st we don't want
panhandling or busking in front of my store ever. it is not what i want people to have to walk
through to get into my shop . it should be contained somewhere out of everyone's way . perhaps
another town ?.

Jeff Grosch

--

The Sacred Ride

213b Baker St.
Nelson, BC
V1L 4H4
Ph. 250-354-3831
http://www.sacredride.ca
Fax. 250-354-3813

From:
To:
Subject:
Date:

Brad Howard
Joanne Caldecott
Nelson Senior Coordinating - Pan Handler Bylaw Feedback
October-19-15 12:52:52 PM

Most importantly, thank you for this opportunity to provide feedback.

The Seniors Coordinating Board does not see the issue of inappropriate or aggressive pan
handlers being a Seniors issue. It affects us in the same way it affects everyone else.
However as a generalization Seniors react more passively, defensively and are less likely to
confront. We simply will move away or avoid. So the negative effects are business lose
customers, and sidewalks and known pan handler areas (sidewalks) are avoided.

Members did identify pan handers near cash machines when people and/or seniors getting
money, also pan handlers in near door ways, grocery stores, etc. when people are going in
or out. We are not clear on how a bylaw will change\improve a situation. Specific problems
come down to various locations and specific individuals. The issue requires clear policy
communication from the City and appropriate judgement by the Bylaw officers. Generally
we do not see pan handling as a priority issue at this time.

Brad Howard
Chair, Nelson and District Seniors Coordinating.

From:
To:
Subject:
Date:
Attachments:

Joanne Caldecott
Re: Panhandling Bylaw for review
October-20-15 11:49:25 AM
image005.png

Greetings Joanne - Thank you for allowing us to participate in this by-law.

Here at Seniors Branch #51 we feel the PanHandler by-law has covered all bases
and are heppy with it.
Tnakn you,
Mildred Anderson,
President
On Mon, Oct 19, 2015 at 1:54 PM, Joanne Caldecott

wrote:

Hello Mildred,

I have left a voice message for you today and wanted to follow up about City
Councils request for feedback on the Panhandling Bylaw.

Kindly call me at your earliest convenience 250.352.8285 and confirm:

-

Whether you have any written submission/s to send us?

- Whether you would like to address Council at the October 26 th Committee of

the Whole meeting (at 7pm in Council Chambers)?

I look forward to hearing from you soon.

Jo Caldecott
Deputy Corporate Officer

City of Nelson

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THE CORPORATION OF THE CITY OF NELSON

BYLAW NO. 3321, 2015
BEING A BYLAW TO PROVIDE FOR THE REGULATION OF PANHANDLING
WITHIN THE CITY OF NELSON
The Council of The Corporation of the City of Nelson, in open meeting assembled,
enacts as follows:
1. DEFINITIONS
In this bylaw, the following terms have the following meanings:
Automated Teller Machine

means a device linked to a financial institutions

account records which is able to carry out
transactions, including, but not limited to, account
transfers, deposits, withdrawals, balance inquiries,
and mortgage and loan payments;

Bus Stop

means a section of street which is reserved for the

loading and unloading of buses and where parking
and stopping of all other vehicles is prohibited;

Bylaw Enforcement Officer means a person/s acting as any of the following are
designated for the purposes of this Bylaw and the
Local Government Bylaw Notice Enforcement Act:
a) Special constables, officers, members or
constables of the Nelson Police Department;
b) Bylaw Enforcement Officers appointed pursuant to
the Police Act and Community Charter;
c) Local Assists to the Fire Commissioner under
Section 6 of the Fire Services Act;
d) Bylaw Enforcement Officers, licensing inspectors,
building inspectors, animal control officers or other
persons acting in another capacity on behalf of a
municipality, regional City or local trust committee
for the purpose of enforcement of one or more of
its Bylaws.
Bylaw Notice

means a ticket issued under the Bylaw Notice

Enforcement Bylaw;

"Bylaw Notice Enforcement

Bylaw

means the Citys Bylaw Notice Enforcement Bylaw

as amended or replaced from time to time;

___________________________________________________________________________________________________

The Corporation of the City of Nelson

Panhandling Bylaw No.3321, 2015

Page 1 of 4

"City"

means the Corporation of the City of Nelson or the area

within the boundaries thereof as the context may require;

Obstruction

means to:
a) Sit or lie on a Street in a manner which obstructs
or impedes the convenient passage of any
pedestrian traffic on a street, in the course of
panhandling;
b) touch a person while panhandling;
c) continue to Panhandle from or otherwise harass a
pedestrian after that Person has made a negative
initial response to panhandling or has otherwise
indicated a refusal;
d) physically approach and Panhandle from a
pedestrian as a member of a group of two or
more persons;
e) Panhandle on a Street within five (5) meters of:
i. An entrance to a bank, credit union or Trust
Company;
ii. An Automated Teller Machine;
iii. A Bus Stop;
iv. A bus shelter;
v. The entrance to any liquor store or licensed
retail liquor store;
vi. The entrance to a movie theatre or
sidewalk caf;
vii. A pay telephone;
viii. A public washroom;
ix. An entrance to a church or place of worship;
f) Panhandle from an occupant of a vehicle in a
manner which obstructs or impedes the convenient
passage of any vehicular traffic or on a Street;
g) Panhandle from an occupant of a motor vehicle
which is;
i. Parked;
ii. Stopped at a traffic control signal; or
iii. Standing temporarily for the purpose of loading
or unloading.
h) Panhandle after sunset on any given day;
i) Panhandle in such a way as to impede the ability of a
person entering or exiting a place of business;
j) Panhandle from a person standing on a street or
other public place for the purpose of entering any
building or purchasing any goods or services;
k) Panhandle from a person seated at a sidewalk caf;
___________________________________________________________________________________________________

The Corporation of the City of Nelson

Panhandling Bylaw No.3321, 2015

Page 2 of 4

l)

Panhandle on a private property without the property

owners consent;

Panhandle

means to beg for, or without consideration, ask for

money, donations, goods or other things of value
whether by spoken, written or printed word or bodily
gesture for ones self or for any other person but does
not include soliciting where approved by the City;

"Person"

includes any company, corporation, owner, partnership,

firm, association, society or party;

Street

means any highway, roadway, sidewalk, boulevard,

place or right of way which the public is ordinarily entitled
or may be permitted to use for the passage of vehicles or
pedestrians and includes a structure located in any of
those areas;

Traffic Control Signal

means a traffic control signal as defined in the Motor

Vehicle Act, R.S.B.C., 1996 c. 318, as amended, from
time to time;

Trust Company

means an office or branch of a trust company to which

the Trust and Loans Companies Act (Canada) applies
and in which deposit accounts are held.

2. GENERAL REGULATIONS
2.1

No Person shall obstruct or interfere with a Bylaw Enforcement Officer in the

exercise of his duties.

2.2

No Person shall Panhandle in a manner to cause an Obstruction.

2.3

No Person shall Panhandle at the same location for more than one (1) hour at a
time in any four (4) hour period.

3. ENFORCEMENT AND PENALTY

3.1

A person who:
a) contravenes or fails to comply with this Bylaw;
b) permits, suffers or allows any act or thing to be done in contravention of
this Bylaw;

___________________________________________________________________________________________________

The Corporation of the City of Nelson

Panhandling Bylaw No.3321, 2015

Page 3 of 4

c) fails to carry out an order made under this Bylaw;

commits an offence and each day such an offence continues or is
permitted to continue will constitute a separate offence.
3.2

This Bylaw is designated under section 264 of the Community Charter as a bylaw
that may be enforced by means of a Bylaw Notice.

3.3

Without limiting the enforcement options under section 8.1, a person who
commits an offence under this Bylaw will be liable to a penalty established under
the Bylaw Notice Enforcement Bylaw.

3.4

Bylaw Enforcement Officers are designated to enforce this Bylaw by means of a

Bylaw Notice under section 264 of the Community Charter.

4. CITATION
4.1.

This bylaw may be cited as The Corporation of the City of Nelson Panhandling
Bylaw No. 3321, 2015".

READ A FIRST TIME the 14th

day of September, 2015
th
READ A SECOND TIME the 14 day of September, 2015
READ A THIRD TIME the
day of
, 2015
FINALLY PASSED AND ADOPTED the

day of

, 2015

____________________
Mayor
____________________
Corporate Officer
CERTIFIED A TRUE AND CORRECT COPY OF THE
City of Nelson Panhandling Bylaw No. 3321, 2015
____________________________________
Director of Corporate Services

___________________________________________________________________________________________________
The Corporation of the City of Nelson
Panhandling Bylaw No.3321, 2015

Page 4 of 4