Six months after shelving a controversial draft bylaw aimed at regulating the use of public spaces, including restrictions regarding homeless encampments, city council will again consider putting new rules in place ... at the request of Mayor Cam Guthrie.
In a report released on Thursday, city staff propose a series of regulations that are unchanged since the draft bylaw was released in February. There was no public engagement then and there’s not been any since, notes a staff memo attached to the council's Aug. 28 meeting agenda.
Among other things, the proposal is to ban encampments in spaces with competing public use during daytime hours (permitted one hour before sunset to one hour after sunrise); establish separation distances between encampments and school properties, childcare centres, railways, waterways and cemeteries.
Meanwhile, building supplies, water or refuse could not be gathered and stored on city property unless kept inside a temporary structure not banned through the bylaw.
Additionally, propane cylinders could not be kept in an enclosed space, in direct sunlight, or near a heat source.
It would further prohibit the use of the city’s electrical outlets, outdoor faucets and fountains.
"Staff feel that the conditions do not currently exist to conduct meaningful engagement on the public space use bylaw," the staff meno states, pointing to the complex nature of the issue and the prospect of consultations, as well as "the time sensitivity of addressing the urgent situation impacting Guelph’s public spaces."
The draft bylaw will be discussed and considered by council during a special meeting on Aug. 28, beginning at 4 p.m. If approved at that time, the bylaw would be put on the Sept. 10 council agenda for final adoption and would come into effect on Oct. 1.
Asked what prompted the draft bylaw's return for council's consideration, deputy CAO Colleen Clack-Bush said Guthrie worked with council and staff to set up it's second run.
Guthrie wasn't immediately available for comment when contacted by GuelphToday.
A draft bylaw was initially brought forward for council’s consideration during a lengthy special meeting in February, at which time council opted to press pause on the plan while the appeal court challenge of a similar bylaw in Kingston went ahead.
Prior to the pause vote, which passed 10-3, council heard from numerous delegates who referred to the draft bylaw as a potential violation of the Charter of Rights and Freedoms, with many lamenting the lack of public consultation ahead of it being presented to council for consideration.
Council also heard from some delegates in support of the proposal – largely from a handful of business owners and operators – who claimed customers are afraid to go downtown because of safety concerns
Ahead of that meeting, several people protested the draft bylaw, holding signs and chanting slogans at the bottom of the steps leading up to the Basilica of Our Lady, across from the eastern end of Macdonell Street.
The protesters then made their way down to city hall and continued chanting in the lobby before filing into council chambers for the meeting.
In April, city officials announced the Kingston bylaw appeal had been dropped – leaving the ruling of unconstitutionality in place – and staff would no longer be bringing the draft bylaw back to council for consideration or conducting public consultation to gather input from residents.
“When the Kingston appeal was withdrawn, staff paused any further discussion and planning related to engagement on the bylaw,” states a city staff memo attached to the report heading to council on Aug. 28.
That meeting will be held inside council chambers at city hall and streamed live at guelph.ca/live.
