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Saint John is trying to curb what it calls “nuisance behaviours” with new and revised bylaws, and while they would apply to all city residents and visitors, city councillors are most concerned with the impact on homeless people.
A proposed nuisance bylaw, which ultimately passed first and second readings unanimously Monday night, was designed to deal with things like loitering, soliciting, vandalism, littering, and urination and defecation in public places.
A section on solicitation in the existing Use of Sidewalks Bylaw would be removed and covered instead in the nuisance bylaw.
The minimum fine under the new bylaw would be set at $140 and the maximum at $2,100.
Amy Poffenroth, the commissioner of growth and community services, says most of the time people choose to comply with by-laws, rather than face fines. (Nipun Tiwari/CBC)
Amy Poffenroth, the commissioner of growth and community services, said the new bylaw is “intended to be citywide and it’s intended for all citizens and visitors.”
But Coun. Joanna Killen was worried about homeless residents being unfairly targeted and given fines they can’t afford.
“Is this going to criminalize the homeless and unhoused folks?”” Killen asked. “Is this going to have an impact on people who are without options? I just would like more of an understanding of how this will be implemented.
“When you do something like that and you already don’t have money, how does that…punish you when you don’t have anything to give to the city in a fine … what are the punishments? What does this look like?”
Poffenroth said that people on the street would be treated with sensitivity and only fined as a last resort.
“We’re always looking for voluntary compliance,” she said. “Typically, we’re getting 95, 98 per cent compliance just talking to people, explaining to them what the regulations are, and that’s our intent with this bylaw as well.”
Poffenroth said a section on loitering is the critical new piece of the bylaw, which still needs third reading.
It would prohibit people from loitering or soliciting in a public place in a way that causes an obstruction within 20 metres of a school, house of worship, transit stop, retail outlet, liquor store, the City Market, or entrances to a bank, credit union or trust company.
Coun. Gary Sullivan says the new by-law could help, not hurt unhoused residents if enforcement officers point them in the direction of social services. (Nipun Tiwari/CBC)
Coun. Gary Sullivan said everyone has to respect public spaces. Besides, he said. the nuisance bylaw could help, not hurt homeless people if enforcement officers pointed them in the direction of social services.
“You can’t treat every bit of Saint John as your own personal space, right?” Sullivan said. “There’s still rules in society.
“And so if putting some more structure and framework and accountability helps move folks along to get more help, gives them a little nudge that they need, you know, ‘We don’t want to hold you accountable for this. Did you know there are support services over here?'”
Sullivan said the intention isn’t to pass the bylaw and then “send the storm troopers out to enforce” it.
“I know the folks who are in charge, and I trust them that, you know, the first conversations are going to be corrective in nature and not punitive.”