June 15, 2009 - District of Mission

219
DISTRICT OF
1S S ion --44*
ON THE FRASER
Inspection Services
Memorandum
To:
Chief Administration Officer
From: Senior Bylaw Enforcement Officer
Date: May 26, 2009
Subject: Enforcement of Lawn Sprinkling
Recommendation:
Staff recommends increasing the Municipal Ticket Information (MTI) fine amount for lawn
sprinkling from $50.00 to $100.00 per offence and to keep the current procedure of enforcement
as is.
Background:
Staff was directed to provide a report containing options to create an increasing fine scale for
lawn sprinkling offences similar to that of the false alarm bylaw. Staff was also requested to
provide fewer warnings prior to issuing MTI fines.
Escalating Fine Scale:
The Community Charter sets out what a municipality can do under an MTI system
It is not permitted under the MTI system to use an escalating fine system but does provide the
ability to issue a ticket for each day an offence occurs, or continues to occur. The idea
underlying the system is that the municipality obtains provincial government approval for a list of
set fines before it implements an MTI bylaw and then it can take advantage of a more
streamlined court process. The maximum permissible fine is $1,000.
The difference between the MTI fine for non-compliance of the Lawn Sprinkling Bylaw and the
escalating fees for the False Alarm Bylaw is that one is a fine for non-compliance of a bylaw and
the other is the recovery of the cost of a service provided by the District.
Enforcement Procedure:
The issuing of a MTI fine is the last solution that a bylaw enforcement officer uses to gain
compliance. The goal of a bylaw enforcement officer is to achieve voluntary compliance and
understanding of the bylaw which is being enforced.
When appearing in Provincial Court on a disputed ticket one of the main elements the Local
Government must prove is whether the alleged offender was given every opportunity to rectify
the situation through warnings and education of the offence. If voluntary compliance after a
couple of warnings and education has not resolved the matter, then an MTI fine may be issued
to the alleged offender for the said offence. Circumstances are different with every call and
should be judged on its own merits.
Warnings and education are the standard and appropriate procedure used by the District (and
other Local Government) and assists in a positive outcome in court and maintains that the
District of Mission proceeded in a fair and just way when dealing with the public.
FILE: ADM.BYL.PRO PAGE 1 OF 2
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